PLANNING AND ZONING BOARD MINUTES OF THE PLANNING AND ZONING BOARD
PUBLIC HEARING/REGULAR MEETING
COUNCIL CHAMBERS
AUGUST 24, 1987
MEMBERS PRESENT: Chairman Sumrall, Andrews, Hart, Kellerman, Plume,
Soloway
MEMBERS ABSENT: Currie
STAFF PRESEV: David Kovacs, Stan Weedon, Alison MacGregor,
Jasmin Taylor, Dorothy Ellington,
Celeste McDonough
I. The meeting was called to order at 7: 00 P.M.
II. APPROVAL OF MINUTES
(A) July 1, 1987 - On the approval of the Minutes of the
Planning and Zoning Board Regular Meeting/Workshop, Ms.
Plume made a motion to approve the Minutes of July 1,
1987. The motion was seconded by Mr. Soloway and passed
unanimously.
(B) July 20, 1987 - On the approval of the Minutes of the
Planning and Zoning Board Public Hearing/Regular Meeting,
Ms. Plume made a motion to approve the minutes of July 20,
1987. The motion was seconded by Mr. Soloway and passed
unanimously.
III. PUBLIC HEARINGS
49 A. Mr. Glen Haggerty and Mr. Albert Jackman were present to
discuss with the Board a consideration of annexation with
initial zoning of RH for the Haggerty Property, S.W. 10th
Avenue ,extended north of Linton:
Mr. Kovacs pointed out that staff has received comments
from the County relative to density. He also transmitted
comments made by ,the Mayor. The Planning Department
recommends approval subject to the conditions as outlined
in Staff ' s Report dated July 20 , 1987 and subject to the
following additional conditions:
August 24, 1987
Page 2
1. Access must be from an extension of S.W. 10th Avenue;
2. There shall be no access onto S.W. 8th Avenue.
Mr. Kovacs also suggested that the final density be in the
lower end of the allowable range based upon the lower
density of nearby residential land uses.
Mr. Glen Haggerty addressed the members of the Board
stating that the Planning staff had required him to amend
the application from RM-15 High Density to RH High to
Medium Density with 12/15 units.
Chairman Sumrall declared the public hearing open.
Speaking from the audience in opposition were the
following: 1) Mr. Carl Grazious, 2581 Bessie Street; 2)
Mr. Kevin Ketchum, 2575 Bessie Street; 3 ) Mr. Roger
Jones, 2575 Bessie Street; and 4) Ms. Rita Hammond, 2579
Bessie Street. Speaking in favor of the proposal was Mr.
Matthew Mirow, Attorney, representing the Southridge
Homeowners ' Association. When no one else wished to
speak; Chairman Sumrall declared the public hearing
closed.
680 After lengthy discussion, Mr. Soloway made a motion to
recommend to the City Commission approval of RH zoning
subject to conditions as outlined in the Staff' s Report
dated July 20, 1987, and subject to the following three
conditions: 1) access must be from an extension of S.W.
10th Avenue; 2) there shall be no access onto S.W. 8th
Avenue; and 3 ) that a final density in the lower end of
the allowable range appears to be the most appropriate
based upon the lower density of nearby residential land
uses. The motion was seconded by Ms. Plume and passed
unanimously.
. P. & Z Board Minutes
August 24, 1987
Page 3
B. Mr. Robert Basehart was present to discuss with the Board
consideration of a Land Use Plan (map) Amendment for the
713 easterly 10 acres of land at the northeast corner of
Military Trail and Linton Boulevard from Professional
Office/Institutional (POI) to Commercial (C) :
Mr. Basehart informed the members of the Board that the
petitioner requests a postponement of thirty ( 30) days in order
to work things out with neighboring home owners. Ms. Sumrall
responded that this petition has been advertised and that those
persons in attendance will have a chance to speak. Ms. Carol •
Thompson, Urban Design Studio, made a lengthy presentation to
the members of the Board explaining the market analysis. Ms.
Susan O'Rourke, Kimley-Horn, then addressed the Board
explaining the traffic analysis.
The Planning Director stated that background data for this
request is found in the Staff' s Report prepared for the the
Board' s meeting on July 20th at which time the item was
continued at the request of staff so that adequate time could
be spent on review of the market and traffic studies. He
explained that this petition is not consistent with the City' s
Policy Guide relative to policies affecting Office Use;
Commercial Use; Public and Semipublic Uses; and the Street
System/Traffic Circulation System.
Chairman Sumrall declared the hearing open. Speaking from the
audience in opposition were the following: 1) Ms. Helen
Coopersmith, representing the Progressive Residents of Delray;
2) Mr. Norman K. Ross, Executive Director of the James L.
Duncan Center for Continuing Education, speaking in behalf of
the Center and adjacent church' s Board of Directors; and 3 )
Ms. Edna Chauser, 15972 Laurel Oak Circle. No one else wished
to speak; therefore, Chairman Sumrall declared the public
hearing closed.
After reviewing the pros and cons of the proposal, Ms. Plume
made a motion to recommend denial of this petition to the City
Commission because she felt that there is over
commercialization in the area and a lack of public need; this
petition is not consistent with the City' s Comprehensive Plan
relative to the policies dealing with Commercial Use; Office
Uses, Semipublic Uses; and Street System/Traffic Circulation
Systems. The motion was seconded by Mr. Kellerman and passed
unanimously.
. P & Z Board Minutes
August 24, 1987
Page 3
B. Mr. Robert Basehart was present to discuss with the Board
consideration of a Land Use Plan (map) Amendment for the
713 easterly 10 acres of land at the northeast corner of
Military Trail and Linton Boulevard from Professional
Office/Institutional (POI) to Commercial (C) :
Mr. Basehart informed the members of the Board that the
petitioner requests a postponement of thirty ( 30) days in order
to work things out with neighboring home owners. Ms. Sumrall
responded that this petition has been advertised and that those
persons in attendance will have a chance to speak. Ms. Carol •
Thompson, Urban Design Studio, made a lengthy presentation to
the members of the Board explaining the market analysis. Ms.
Susan O'Rourke, Kimley-Horn, then addressed the Board
explaining the traffic analysis.
The Planning Director stated that background data for this
request is found in the Staff ' s Report prepared for the the
Board' s meeting on July 20th at which time the item was
continued at the request of staff so that adequate time could
be spent on review of the market and traffic studies. He
explained that this petition is not consistent with the City' s
Policy Guide relative to policies affecting Office Use;
Commercial Use; Public and Semipublic Uses; and the Street
System/Traffic Circulation System.
Chairman Sumrall declared the hearing open. Speaking from the
audience in opposition were the following: 1) Ms. Helen
Coopersmith, representing the Progressive Residents of Delray;
2) Mr. Norman K. Ross, Executive Director of the James L.
Duncan Center for Continuing Education, speaking in behalf of
the Center and adjacent church' s Board of Directors; and 3 )
Ms. Edna Chauser, 15972 Laurel Oak Circle. No one else wished
to speak; therefore, Chairman Sumrall declared the public
hearing closed.
After reviewing the pros and cons of the proposal, Ms. Plume
made a motion to recommend denial of this petition to the City
Commission because she felt that there is over
commercialization in the area and a lack of public need; this
petition is not consistent with the City' s Comprehensive Plan
relative to the policies dealing with Commercial Use; Office
Uses, Semipublic Uses; and Street System/Traffic Circulation
Systems. The motion was seconded by Mr. Kellerman and passed
unanimously.
Y Oc G nual(1 T111111"lCJ
August 24, 1987
Page 4
The Board brought Item IV (A) forward on the agenda.
IV. PROJECT REVIEW
A. Consideration of a site plan for the proposed Del Mar
Apartments, 104 units, to be located east of the
intersection of Albatross and Curlew.
The Planning Director read the Staff Report dated August
17,. 1987, into the record and summarized the twenty-three
reasons for denial. He then detailed conflicts between
the proposal and 1) Coastal Zone Management Element of the
Comprehensive Plan, which identifies the parcel as a
preservation/vital area; 2) Open Space Element of the
Comprehensive Plan, preserving spaces of scenic or
ecological value; 3) Policies to preserve as many trees
as possible; and 4) Traffic Impact which is inconsistent
with the Comprehensive Plan. Mr. Kovacs stated that if
the Board feels that these four items can^ ubstantiated, -
the petitioner cannot modify the site to accommodate these
items.
Mr. Kovacs then informed the members of the Board that
there are ten additional reasons for denial which relate
to this specific site plan and summarized the following
items:
1) the project does not have the demographic mix which is
compatible with the desires of the City; 2) the Zoning
Code requires balanced density - a density which is not
high on one end and low on the other end (this project has
a 12 1/2 density and zero density at the south end) ; 3)
the developer needs to redesign the traffic flow; 4)
insufficient parking on the site and that off-site parking
would adversely affect the neighboring residential
----communities; 5) redesign of parking; 6) the project
does not meet any recreational or park needs. A park site
needs to be established; 7 ) lack of useful open space
and recreational space; 8) drainage problems; 9)
inadequate tree preservation; and 10) redesign to
two-story buildings.
Mr. James , Brady, Attorney representing Cardinal
Industries, made a lengthy presentation to the members of
the Board stating his rebuttal to each of the concepts as
outlined in Staff' s Report.
« L. mucti .l 1'1111U 1:.CJ
August 24 , 1987
Page 5
Chairman Sumrall then allowed public testimony. Speaking
in opposition to the proposal were the following: 1) Ms.
Trish Brainard; 2) Mr. Frederick Cichocki, Chairman of
the Coalition of Wilderness Islands; 3) Ms. Judy A
Reynolds Farrell, 521 Curlew Road; 4) Mr. Mark Bennett,
522 Cambridge Circle; 5) Ms. Helen Coopersmith; 6) Ms.
Jean Beer, 945 Tropic Palm Boulevard; 7) Mr. Charles
Smith, 2110 Spanish Trail; 7 ) Mr. Walter Williams,
resident of Lantana; 8) Mr. Paul Smith, 924 Jasmine
Drive, Tropic Isle; 9) Mr. Carl Tutwiller, resident of
Lake Worth; 10) Mr. Don Farrow; and 11) Mr. Edward
Schultz, 2587 Jaegar Drive. Speaking in favor of the
proposal was Mr. Cliff Hertz, Attorney. Mr. Hertz stated
that the property is question is privately owned and
suggested that staff check with the City' s Attorney' s
Office for legal advice. The Chairman then turned to the
Board for comments.
Mr. Soloway responded that he has visited a Cardinal
Industries' development and that the developer builds an
exceptional project but that he does not take kindly to
threats of law suits by attorneys. Mr. Andrews expressed
his concern of the Curlew Road exist and suggested that
the residents give some thought to a cul-de-sac effort
along Albratross Road. Ms. Plume stated that she does not
object to the proposal but is adamantly opposed to the
location.
After lengthy discussion, Ms. Plume made a motion to
recommend to the City Commission denial due to an
inability to make positive findings pursuant to Code
Section 30-11(D) and due to inconsistency with the City' s
Comprehensive Plan and also to direct staff to prepare a
list of specific code violations and plan inconsistencies
so that it may be transmitted to the City Commission along
with the project staff report. Said listing to be
formally reviewed and acted upon by the Board prior to
consideration of the site plan recommendation by the City
Commission. The motion was seconded by Mr. Soloway and
-- passed unanimously...
The Board then returned to Item IV (B)
B. Consideration of the preliminary subdivision plat for the
proposed Jason' s Terrace Townhome project.
The Planning Director informed the members of the Board that
the agent requested that this item be continued to the Planning
and Zoning Board Meeting on Friday, August 28th. The Chairman
so directed.
August 24, 1987
Page 6
The Board returned to Item III (C) .
PUBLIC HEARINGS
C. Consideration of a Land Use Plan (map) Amendment, Annexation,
and Initial Zoning to allow a A.C.L.F. to locate easterly of
the Mental Health Facility off Military Trail, south of Linton
Boulevard.
The Planning Director stated that there are major problems
relative to this petition. He explained that the site does not
have frop.tage on a street; therefore, it is not a buildable
parcel. He further explained that there are two other factors
that come into consideration: 1) the adequacy of the
proposed access; and 2) the eventual longer-term street system
which is to serve this portion of the community.
Mr. Kovacs suggested the following solutions: to require that
one-half right-of-way for a local residential street be
provided along the east property boundary of this site, that
payment be made for construction of that portion of the street
and that the site be designed so that when the street is
constructed access will be shifted from Military Trail to the
new street and the previous accessway abandoned. Should the
Board feel that the proposed access will not be acceptable
under a temporary situation, it could condition any development
upon the provision of access to Linton. This would be a costly
and time-consuming process since the property between this site
and Linton is in the County and there have been no development
proposals set forth upon it.
Chairman Sumrall then declared the public hearing open. No one
wished to speak; therefore, Chairman Sumrall declared the
public hearing closed.
The Board, after lengthy discussion, had no objection to the
the proposal and asked the petitioner to return to the Board
-•..._ _with--a- temporary---access-with•a,-3edication---on--the- east---side-ofY--------- - -
the property. The Board also requested that the petitioner
check with the areas to the south and the BocaRay development.
Ms. Plume made a motion to continue this request to an
undetermined date. The motion was seconded by Mr. Hart and
passed unanimously.
The Board directed staff to pursue annexing of properties to
the south.
r- Oc G DUdl.U 1'1i11U LCD
August 24, 1987
Page 7
C. Consideration of a request for that portion of Dixie Boulevard
which lays between Avenue G and LaMat.
Mr. Michael Botos, Attorney, and Mr. Roger Saberson, Attorney,
were present to discuss this request with the members of the
Board.
Mr. Kovacs suggested that this parcel be platted into one
parcel and then annexed into the City.
The Board asked the Planning Director should be parcel be
abandoned, will development on it come under the preview of the
City or the County?
Mr. Kovacs responded that if the right-of-way is abandoned it
will go from public domain to private domain but the
jurisdiction remains the same; which is the City. The fact of
abandonment does not change jurisdiction; therefore, it would
then be a 80 foot wide portion of private property that is
under the City of Delray Beach' s jurisdiction.
After lengthy discussion, Mr. Andrews made a motion to deny the
abandonment. The motion was seconded by Ms. Plume and passed
by a vote of five to one.
D. Consideration of a request for interpretation of permitted
office use in the RO District (Patel Office Building) .
Mr. Kovacs recommended that the Board reject the site plan
because it is inconsistent with the interpretation of the RO
District.
After brief discussion, Ms. Plume made a motion to deny the
- ---._ request. The motion was---seconded by Mr. Soloway and passed
unanimously.
, .r oc cam' Lvcii u i11ii U. C.7
. August 24, 1987
Page 8
The meeting was adjourned at 12: 30 A.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the minutes of the meeting of
said body for August 24, 1987, which were formally adopted and
approved by the Board on
Celeste McDonough
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes.
They will become so after review and approval, which may involve
some changes.
1
MINUTES OF THE PLANNING AND ZONING BOARD P�; '
WORK_. SZ S LC;N-t \�\\U( k� I r�"' s" � zci L jb 1-���.�1/uC's` rem7l
CONFERENCE ROOMr Vj y�
AUGUST 28, 1987
A
MEMBERS PRESENT: Chairman Sumrall, Hart, Kellerman, Soloway,
Plume
MEMBERS ABSENT: Andrews, Currie
STAFF PRESENT: David Kovacs, Jasmin Taylor, Nancy Davila,
Celeste McDonough
The meeting was called to order at 8 : 00 A.M. for continuation of
agenda from the regular meeting of Monday, August 24, 1987 .
PROJECT REVIEWS
E. Consideration of the Final Plat for YU Brothers:
After brief discussion, the Board determined that the final
plat complies with the final plat regulations of the City and
the previously approved site plan. Ms. Plume made a motion to
recommend to the City Commission approval of the final plat.
The motion was seconded by Mr. Kellerman and passed
unanimously.
F. Consideration of the Final Plat for the Lehman Project:
After discussion, the Board determined that the final plat
complies with the final plat regulations of the City and the
previously approved site plan. Ms. Plume made a motion to
recommend to the City Commission approval of the final plat.
The motion was seconded by Mr. Hart and passed unanimously.
G. Consideration of the Final Plat for the Linpro Project:
The members of the Board, after lengthy review and discussion,
determined that the final plat complies with the general final
plat regulations of the City. Mr. Soloway then moved to
recommend to the City Commission that the final plat be
approved. The motion was seconded by Ms. Plume and passed
unanimously.
t
P & Z Board Minutes
August 28, 1987
Page 2
Add-On Item???
Wachtel
long discussion. . . . if existing building is non-conforming under
LA County regulations, City cannot do anything City Attorney
said not to correct water service agreement cannot reduce
a County standard revise site plan and list all code
violations and get CAB' s recommendation waiver of
irrigation�'»��
The Board brought Item J forward on the agenda.
J. Consideration of a minor site plan modification for the
addition of office space and parking to City Hall:
After brief discussion, Ms. Plume made a motion to
", .cr recommend to— he City Commi s.; o th the proposed
expansion consisting of adding a modular unit to the City
Hall parcel s a minor site plan modification
subject to the following items:
1. adjacent parking beS % provided concurrent with use;
2. that a rezone to CF be processed as a part of the :���vNL-j
expansion program; and
3 . that additional parking be provided as a part of the
ryn;, expansion program.
The motion was seconded by Mr. Kellerman and passed
unanimously.
P & Z Board Minutes
August 28 , 1987
Page 3 k.; c3\
(``L /,
(_
art-- ss--p -t-hc--Boa- ss-inlz:_a da . -.-
.
II;. WORKSHOP ITEMS -�(;�� ; .._� T: :_:__- C? •,/ 4•�,(
�,,;,4-'1 > The Board discussed the Draft Traffic Element which was
d _ _ _ presented by Walter Keller, Consultant
�i /
\0 ,.,} B. The Board reviewed the following applications which have /
6-'s been submitted for Board action at its September 21st r'
6-)� '
meeting:
1. Michael' s Palm Beach Automotive, site plan '
! 2. Happy Holidays, site plan
3 . Priest Commercial Building, site plan
4. AMOCO, 2nd and 4th, CUP major modification I
5. Crystal Ice (manufacturing) , site plan 1
6. Delray Plaza, storage building, CUP
7. Delray Town Center (Linton & Military) site plan
` 8. SAD amendment, Lowson & Congress, rezoning
9. Villages of Barwick, preliminary master plan
The Board returned to the continued item from its meeting on August
24th.
PROJECT REVIEWS (Item IV - B)
B. Consideration of the preliminary subdivision plan for the
proposed Jason' s Terrace Townhome project: /
Mr. Kovacs stated that this petition was /reviewed by the Board
at its regular meeting in July and had r-..elgues.tad the following (
i- formetian. that the area available for computing density be
that which exists prior to dedication of land for streets; and
2) that the dedication requirement for Nassau Street be
twenty-feet from centerline, which is the standard dedication
requirement for a local residential street.
7.
The Planning Director suggested to Mr. Beril Kruger and Mr.
Mark Shumaker, representing the petitioner, that if the
petitioner deemed the right-of-way dedication a hardship, he
could apply for a variance with the Board of Adjustment and
also the Historic Preservation Board. He felt that the
historic continuity along Nassau Street should be continued.
:(_3
i
P & Z Board Minutes
August 28, 1987
Page 4
After lengthy discussion, Ms. Plume made a motion to deny the
preliminary plat because of the lack of dedicated right-of-way
for a local street as required by code/ an hecausa the
^ a
prepe n-s ' . The motion was seconded by Mr.
Soloway and passed unanimously.
Pn r agen a August
H. Consideration of Master Planning items associated with the
proposed Linton Office Center, south of Linton Boulevard and
Germantown Road extended to the south:
Mr. Tom McMurrain, representing Ocean Properties, and Steve
Godfrey, Kimley-Horn, and the members of the Board reviewed
each of the conditions as outlined in Staff ' s Report. Mr.
Kovacs stated that several conditions do not relate to this
stage of development.
Mr. Kovacs suggested that as part of the site plan submission
the applicant needs to give centerline realignment of
Germantown Road, centerline of Linton Boulevard, the existing
rights-of-way, future rights-of-way, the existing improvements
and future improvements. He stated that the submission will
have to be vertified to make sure the entry is proper.
(41°` . . . .since t is a th ugh street. . .Po ce _Chief and Fire
t Chief s no. . . .if it unions as a ough street it
will h ve be public str
The Planning Director explained that the applicant will need to
submit a letter for DRI clearance for confirmation because the
property was under separate ownership at the time of the DRI
approval and because this is not being made an intergral part
of the other project. They do not have to aggregate under the
DRI rule.
After lengthy discussion, the Board directed the applicant not
to proceed with the existing zoning for this project and will
have to develop a new concept; the applicant needs to meet
with the City Engineer in order to resolve issues relative to
the intersection as part of the submittal; and , can' t be a
private street because . . . .have to be a public connecting
street system. Mr. Kovacs stated that the petitioner will have
to apply to the Board of Adjustment for a variance to justify
the height of the building.
P & Z Board Minutes
August 28, 1987
Page 5
I . Consideration of modification of a condition associated
improvements to S.W. 10th Avenue and the Delint DRI .
•
Mr. Kovacs stated that at the time Delint-dame t-h- ugh there
was a request for a right turn lane that necessitated
additional right-of-way from S.W. 10th Avenue onto Lindell
Boulevard. He informed the members of the Board that in
C) reviewing the numbers, it was discovered that the right-of-way
fl L' turn is not necessary. -Howe vo -,r
the developer is requesting that the right turn lane not be
required. Staff recommends that it does not need to be a
requirement but that the City should maintain the right-of-way.
The Planning Director asked that the petitioner submit reasons
for the request to him as soon as possible.
It was the consensus of the Board to continue this request.
At this point on the agenda, Mr. Andrews arrived at the meeting and
Mr. Soloway left the meeting.
The Board returned to Item (K) .
K. , Mr. Robert Feiderspeil, Attorney, was present to discussion a
\___/ consideration of a minor site plan modification to allow
phasing in conjunction with improvements at Zankl Imports.
After brief discussion, the Board directed the Planning
Director to send a message to the Building Department not to
issue a temporary Certificate of Occupancy no longer than 90
days.
Ms. Plume made a motion to allow Phase I a
temporary The motion was seconded by Mr. Hart
and passed unanimously.
L. Consideration of water service agreements for properties along
Allen Avenue:
Ms. Plume made a motion to recommend to the City Commission
that the Allen Avenue Water Service Agreements be approved,
subject to whatever decision is arrived at by the Commission
with respect to costs involved. The motion was seconded by Mr.
Kellerman and passed unanimously.
P & Z Board Minutes
• August 28, 1987
• Page 6
The following is an Add-On Item
Consideration of Specific Citations for Denial of the Del Mar
Apartments (Cardinal Industries) :
The Planning Director and the members of the Board reviewed the
Planning Department' s report dated August 27, 1987 and several minor
changes. Ms. Plume made a motion to approve the list of specific
citations for denial. The motion was seconded by Mr. Kellerman and
passed unanimously.
CAA
The meeting was adjourned at 1: 45 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the minutes of the meeting of
said body for August 28, 1987 , which were formally adopted and
approved by the Board on
Celeste McDonough
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes.
They will become so after review and approval, which may involve
some changes.
1010) :1,) 1
171
MINUTES OF THE PLANNING AND ZONING BOARD
PUBLIC HEARING/REGULAR MEETING L""
COUNCIL CHAMBERS
SEPTEMBER 21, 1987
MEMBERS PRESENT: Chairman Sumrall, Andrews, Currie, Hart,
Kellerman, Plume, Soloway
STAFF PRESENT: David Kovacs, Celeste McDonough
I . The meeting was called to order at 7 :00 P.M.
II . The approval of the Minutes of August 24, 1987 and August
28, 1987 were deferred to a subsequent meeting.
III . PUBLIC HEARINGS:
A. Albert Jackman was present to request Conditional Use
Permit to allow an ancillary storage use in conjunction
with the . Delray Plaza:
Mr. Kovacs explained that this is a request for a
conditional use for a storage building behind the
shopping plaza. The access for the storage building
will be through the shopping plaza and as part of the
development there will be a barrier, presumably a wall,
along the frontage of Florida Avenue so that there will
be no access through the residential area. This parcel
will be integrated with the other parcel as a single
site. He further explained that the applicant had
completed the required parking based upon a separation
of retail area from the storage use. Mr. Kovacs stated
that the parking layout will have to be revised since
it did not meet the traffic aisle standards . The Board
had expressed concerns of the parking layout and gave
the following direction to accommodate the redesign at
a previous workshop meeting.
1) break-up the length of the building; and, 2)
decrease the height and design the roof to reflect
a residential character. The Planning Director
suggested that the site be redesigned along the
guidelines as outlined in the Staff Report.
Chairman Sumrall then declared the Public Hearing
opened. Speaking in opposition were the following: 1)
Mr. Mark Duesdorg, 922 Gardenia Drive; 2) Mr. Don
Doornbos, 2320 Spanish Trail; and 3) Ms. Marion
MacLeod, 930 Dogwood Drive. No one else wished to
speak; therefore, the Chairman declared the Public
Hearing closed.
After lengthy discussion, Mr. Currie made a motion to
recommend to the City Commission that the request be
denied. The motion was seconded by Mr. Kellerman and
passed unanimously.
P&Z Board Minutes
•
September 21, 1987 lt
Page 2 `°� L ``a `
9 L1
B. Mr. Robert S. Cohn was present to request a Major
Modification to an existing Conditional Use, to allow
demolition and rebuilding of an Amoco Station at N.E.
4th Avenue and N.E. 2nd Street with a mini-mart.
Mr. Kovacs stated that the most significant item of
concern is that of dedication. The site plan has been
designed to accommodate landscaping with dedication or
reservation of the right-of-way. Chairman Sumrall
expressed concern that the building is sitting on a lot
that does not meet the minimum requirements for the
current code and that once the building is demolished
the current code does not allow the building to be
rebuilt. Mr. Cohn stated that the issue is the existing
use and felt that if the property were vacant land the
lot area would not be adequate, but to not allow the
redevelopment to occur was incorrect. Since there is no
change of use, he felt that the redevelopment should
proceed especially since the site is in the City's
Redevelopment Area.
Chairman Sumrall then declared the Public Hearing
opened, there being no one to speak the Chairman
declared the Public Hearing closed.
After lengthy discussion, the Board felt that the
proposal was too intense for the site. Mr. Andrews
suggested that the Board consider Alternative (2) as
outlined in Staff's Report. After continued
discussion, Mr. Andrews then made a motion that while
the conditional use request is appropriate, the site
plan does not meet the current standards because of the
applicant' s desire not to provide require dedication;
and, thus recommend denial of the site plan. The
motion was seconded by Mr. Currie and passed
unanimously.
The Board expressed an opinion that no matter what
course was taken that the dedication should be obtained
and that a reservation was not acceptable.
C. Albert Jackman and Glen Haggerty were present to
request rezoning of Sherwood Plaza to allow a Pawn Shop
as a Permitted Use in an existing SAD District,
alternative request of rezoning from SAD (Special
Activities District) to General Commercial (GC) :
Mr. Kovacs informed the members of the Board that staff
recommends rezoning to the General Commercial
designation since the City is trying to eliminate
SAD(s) where appropriate as stated in the City' s Land
Use Policy Guide. Also, the uses in the plaza would
all be permitted in the GC District but not all uses
would be permitted in the NC District.
P&Z Board Minutes
September 21, 1987
Page 3
4/
The Chairman complimented the owners for the recent
upgrade of the property. After lengthy discussion, Mr.
Soloway made a motion to recommend to the City Commission
approval of the General Commercial District for the
property and that the Planning Director place the
determination of pawn shops as a similar use in the GC
District on the next agenda for formal action. The
motion was seconded by Mr. Hart and passed unanimously.
IV. SITE PLANS AND PLATS
A. Site Plan for Michael 's Palm Beach Motors - Beril
Kruger, Agent, was present of seek reversal of staff's
position that the site must comply with design
standards .
Mr. Kovacs presented the history of this proposal to
the members of the Board.
Chairman Sumrall commented that the Board had been
under the impression that the building was going to be
demolished, additional landscaping planted and that the
temporary structure be replaced with a permanent
structure.
After discussion, the Board suggested that the
petitioner either remove the temporary structure from
the site; make the temporary structure a permanent
structure and upgrade the property; or, submit a minor
site plan modification to replace the structure at a
different location on the site as long as the new
structure does not go over a 30% increase of the
present floor area.
B. Site Plan for Arnold Industries, a three building
project located between S.W. 15th and S.W. 16th
Avenues:
Mr. Currie made a motion to recommend to the City
Commission approval of the site plan subject to
Conditions ( 1) through (6) as outlined in Staff' s
Report and subject to Condition (4) being amended as
follows : Delete "fire hydrants are to be located along
S.W. 15th Street" and add "as requested by Fire
Department"; and, subject to an additional Condition (7)
being added to read as follows : "that a time limitation
for approval of the site plan be for twelve ( 12) months
in accordance with Section 30-22(F) of the Zoning Code.
The motion was seconded by Mr. Andrews and passed
unanimously.
P&Z Board Minutes zq, f
September 21, 1987 ,� f iQ
Page 4 r
4_47 Li
C. Site Plan for Happy Holidays, an addition of a 2,500
sq. ft. building to a site west of Congress, north of
Atlantic, MIC Zoning District.
Mr. Kovacs informed the members of the Board that staff
recently found out that there is no sewer service
readily available to the property. The construction of
a lift station may be necessary. The City would
participate in the construction costs but the gravity
system and the initial installation would be required
by some developer. He pointed out that the retail use
can be as greater than 25% of the square footage of the
building. The City Engineer has determined that
ingress and egress is not adequate. This situation may
have to be resolved by improving N.W. 1st Street from
Congress to the west edge of the property to full City
street standards.
The Planning staff recommended approval subject to
these major conditions being resolved (ingress and
egress and sanitary sewers) and subject to conditions
as outlined in Staff' s Report.
Ms . Plume made a motion to approve the site plan
subject to Conditions ( 1) through (6) as outlined in
the Staff Report; and, subject to Condition ( 1) being
amended to read as follows : formal dedication of the
existing right-of-way along 1st Street and the
improvement of 1st Street to and including the first
access; subject to Condition (c) being amended to read:
full street improvements along N.W. 1st Street along
the parcel frontage; less sidewalks to the first
entryway, and subject to another Condition being added
(7 ) to read: that the time limitation of this approval
be twelve ( 12) months in accordance with Section
30-11(E) . The motion was seconded by Mr. Currie and
passed unanimously.
D. Site Plan for Crystal Ice, a new 15,000 sq. ft. building
on oa 1.26 acre site for ice manufacturing, located
east of Congress Avenue, south of the L-32 Canal.
Mr. Kovacs pointed out that the overall property is
being developed by four individual parties . This will
require a submission of a Preliminary Plat and Final
Plat. This site plan has a request for Administrative
Relief for compact car parking spaces that staff
recommends for approval. He further pointed out to the
Board that the issue of sanitary sewers will have to be
resolved.
P&Z Board Minutes ' ,
September 21, 1987 ' ar
Page 5
.V I
After lengthy discussion, Ms . Plume made a motion to
recommend to the City Commission approval of the Site
Plan the request for Administrative Relief to
accommodate eight (8) compact parking spaces; subject
to amending Condition ( 1) in order to waive a sidewalk
requirement; and, subject to resolving the issue of
sanitary sewers to the property. The motion was
seconded by Mr. Soloway and passed unanimously.
V. OTHER ITEMS
A. Request for determination of use for a car wash as
an ancillary use in the MI District.
After brief discussion, Mr. Soloway made a motion
to determine that a car wash be allowed as an
ancillary use in the MI District. The motion was
seconded by Mr. Kellerman and passed unanimously.
B. Recommendation regarding proposed change to the
definition of family:
After discussion, the Board changed the language
to read as follow: "Family - One or more persons,
related in a direct vertical linear relationship
by blood, marriage or adoption, living as a single
housekeeping unit in a dwelling shall constitute a
family" .
Ms. Plume made a motion to recommend to the City
Commission approval of the amended change to the
definition of family. The motion was seconded by
Mr. Soloway and passed unanimously. (Mr. Andrews
originally dissented but changed his vote) .
Mr. Currie stepped down from the Board for the following item.
C. Continued Item: Linton Manor ACLF, applicant to
provide information on alternative temporary access:
Ms . Plume made a motion to recommend to the City
Commission approval of the temporary access . The
motion was seconded by Mr. Soloway and passed
unanimously.
Mr. Currie then returned to the Board.
D. Recommendation regarding proposed policy regarding
processing of annexations, establishment of initial
zoning:
P&Z Board Minutes
P1).September 21, 1987 �'1 ��
Page 6 -M'+ `
After lengthy discussion, the Board accepted Items ( 1) ,
(2) and (3) as outlined in the Staff Report and deleted
item (4) . Mr. Andrews so moved. The motion was
seconded by Mr. Soloway and passed unanimously.
E. Recommendation regarding revision to Ordinance No.
68-87 regarding traffic from multi-family, et-al,
through single family areas:
After lengthy discussion, the Board took no action,
thus leaving the language as previously recommended.
F. Initiation of rezoning from SC to GC for property
formerly known as Bill Wallace Nissan located on
Federal Highway:
There was no interpretation no action taken by the
Board on this item.
G. Recommendation to City Commission regarding property
along Lake Ida Road;
After lengthy discussion, it was the consensus of the
Board to forward the Staff Report dated September 16,
1987 to the City Commission at its meeting on October
13th as a formal communication.
The meeting was adjourned at 11:30 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting
of said body for September 21, 1987, which were formally adopted
and approved by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as
indicated above, then this means that these are not the official
Minutes. They will become so after review and approval, which
may involve some changes .
z � r73,7
MINUTES OF THE PLANNING AND ZONING BOARD LA
PUBLIC HEARING/REGULAR MEETING
COMMISSION CHAMBERS
OCTOBER 19, 1987
MEMBERS PRESENT: First Vice-Chairman Currie, Andrews, Hart,
Kellerman, Plume, Soloway
STAFF PRESENT: David Kovacs, Celeste McDonough
I . The Meeting was called to order at 7: 00 P.M.
II . Approval of Minutes: August 24, 1987 , August 28, 1987 and
September 21, 1987 - Approval of Minutes were deferred
until the November 16th Public Hearing/Regular Meeting.
III . ELECTION OF OFFICERS:
A. Acknowledgement of appointments:
Mr. Kovacs informed the members of the Board that the
City Commission had recently reappointed Phyllis
Plume and Sid Soloway for another two year term.
B. Election of Chairperson and Vice-Chairperson:
First Vice-Chairman Currie then declared the floor
opened for the nomination of Chairperson. Ms. Plume
nominated Ms. Kathi Sumrall to continue serving as
Chairperson. The motion was seconded by Mr.
Kellerman. Mr. Currie informed the Board that Ms.
Sumrall had expressed a desire not to be reelected.
Ms. Plume made a motion to nominate Mr. Currie as
Chairman. The motion was seconded by Mr. Kellerman.
Since there were no other nominations for the
position of Chairman, Mr. Currie declared the
nominations closed. The Board voted unanimously;
electing Mr. Robert Currie as Chairman of the
Planning and Zoning Board.
Chairman Currie opened the floor for the nomination
for First Vice-Chairman. Mr. Kellerman nominated Mr.
Soloway. The motion was seconded by Ms. Plume.
Since there were no other nominations, Chairman
Currie declared the nomination closed. The Board
voted unanimously; electing Mr. Sid Soloway as
Second Vice-Chairman of the Planning and Zoning
Board.
1
P & Z Minutes
October 19, 1987
Page 2
The Planning Director requested that Item VII-D be brought forward
on the agenda to accommodate persons in the audience who were
interested in this particular item.
VII . OTHER ITEMS
D. Determination of similarity of use: Pawn Shops in the GC
General Commercial Zoning District:
Mr. Kovacs explained this specific item is before the
Board to determine whether or not the use of "pawn shop"
should be added to the permitted uses in the General
Commercial zone district because pawn shops are not listed
within any zoning district in the City. He further
explained that this request was also considered in 1982.
The request passed the Planning and Zoning Board and
Community Appearance Board and forwarded to the City
Commission where the request was tabled. The Planning
Director informed the Board that staff ' s recommendation is
not to add the use to permitted or conditional uses in any
zoning district.
Chairman Currie stated that the Board has received
approximately a dozen letters of opposition and asked for
a motion from the Board.
Mr. Soloway made a motion to recommend to the City
Commission denial of adding pawn shops as a permitted use
or conditional use in any district in the City. The
motion was seconded by Mr. Hart and passed unanimously.
The Board then returned to the Public Hearings
IV. PUBLIC HEARINGS
A. Major Modification to CUP, Zankl Imports, expansion of use
to adjacent properties and project phasing:
After brief discussion, the Board directed staff to place
this item on the Workshop/Planning Session agenda for
Friday, October 23 , 1987.
P & Z Minutes
October 19, 1987
Page 3
B. CUP for automobile wash establishment, (Weatherspoon)
northwest corner of NE 2nd Street and NE 2nd Avenue:
Mr. Kovacs informed the members of the Board that the
Planning and Zoning Board' s comments of the workshop
meeting were incorporated into Staff' s Report.
Chairman Currie then declared the public hearing open.
Speaking from the audience in opposition were the
following: 1) Mr. Phil Bacon, 3648 S.W. 24th Lane. Mr.
Bacon informed the members of the Board that he owns and
operates a car wash in Boynton Beach and that his father
had owned and operated a four bay car wash at 121 S.E. 3rd
Avenue, Delray Beach, for twenty years. He explained that
his father had wanted to move to a new site on Federal
Highway which was zoned commercial. Conditional use was
not required at that time; therefore the request did not
appear before the Planning and Zoning Board. He appealed
to the Board that Commissioner Weatherspoon (the
petitioner) be required to go through the same stringent
requirements as other applicants; 2) Mr. Robert Bacon
(father of Phil Bacon) made a lengthy presentation to the
Board. Mr. Kovacs stated that the Planning Department was
in receipt of a letter of opposition from Mr. William
Worth, 326 Palm Trail Speaking in favor were the
following: 1) Mr. Digby Bridges; 2) Mr. Frank Power,
Palm Beach, owner of the petitioner' s property; 3) Mr.
Casey Hubbard, 1811 Montinque, Lake Worth. Mr. Hubbard
informed the members of the Board that had been the
architect for the Bacon' s car wash request; and 3 ) Mr.
Ron Godfrey, 73 North Federal Highway, Delray Beach. No
one else wished to speak; therefore, Chairman Currie
declared the public hearing closed.
Commissioner Weatherspoon then made a lengthy presentation
to the members of the Board.
The Board then discussed the pros and cons of this
proposal. The Board, in general, supported the proposal.
However, Mr. Andrews stated that he was very hesitant
toward the 24 hour operation; Ms. Plume and Chairman
Currie suggested that one bay be eliminated to lessen the
intensity of use.
Mr. Bridges responded that Mr. Weatherspoon will consider
reducing one drive-through bay.
f
P & Z Minutes
October 19 , 1987
Page 4
Mr. Kovacs recommended that the Board consider Alternative
Action %3 as stated in Staff' s Report with the deletion of
the following phase: "and that the CAB has recommended
approval of the waiver for the hedge location" ; and to
add two additional conditions to read as follows: (D) "At
6 months after the commencement of operation the Planning
and Zoning Board will formally review the hours of
operation and if so warranted, may impose a condition to
limit those hours" ; and (E) "That the intensity of the
use be reduced by one (1) drive-through bay and that the
resulting site plan modifications be brought back before
the Planning and Zoning Board as a minor site plan
modification" .
Mr. Soloway made a motion to recommend to the City
Commission approval of the conditional use request and
attendant site plan with two off-street parking spaces to
be provided; subject to the vacuum drying area associated
with a car wash is not conducive within an enclosed
building and as such as being accepted in an outside
building and subject to the following conditions:
a) that if the traffic flow pattern is reversed, the
alley access shall be eliminated and replaced with
landscaping: b) that a Unity of Title be provided
-j r.�vv.a.ucu prior
to applying for a building permit; c) that the technical
site plan items identified in this staff report be
incorporated with the "final" site plan; d) at 6 months
after the commencement of operation the Planning and
Zoning Board will formally review the hours of operation
and if so warranted, may impose a condition to limit those
hours; and e) that the intensity of the use be reduced
by one drive-through bay and that the resulting site plan
modifications be brought back before the Planning and
Zoning Board as a minor site plan modification. The
motion was then seconded by Mr. Hart and passed
unanimously.
V. SITE PLANS AND PLATS
A. Delray Park of Commerce, site plan for parcels D&E:
Jim Oberdorfer, Development Manager for the Cedarwood
Companies. Mr. Oberdorfer informed the members of the
Board that the conditions as recommended by staff have
been addressed on the revised submittal and he had no
objections.
r
P & Z Minutes
Octobe �9, 1987
Page 4. 1
Mr. Soloway made a motion to recommend to the City
Commission approval of the site plan for parcels D&E. The
motion was seconded by Ms. Plume and passed unanimously.
V. B. Delray Park of Commerce, site plan on a portion of parcels
B&C relative to the parking area for CSX train stop:
Mr. Kovacs informed the members of the Board that the
Community Appearance Board has reviewed the revised site
plans and that these plans should be approved by the City
Horticulturist. He stated that the Planning Department
has received a traffic impact study that concluded that
the peak hour generated by this facility will be less than
the peak hour traffic generation by the previous proposed
uses. No additional improvements will be necessary and
that the platform is located in such a manner as to meet
railroad requirements so that there will not be train cars
blocking Lake Ida Road. He further stated that the most
important aspect is to acknowledge that this is an
interim improvement on the property and that if it
remains a permanent feature of the Park it will affect how
parcels B&C will be developed and that it may require that
parcels B&C be developed as an one unit project at a
future date.
Mr. Andrews stated his concern that the circulation going
both ways and suggested a one-way traffic flow. He
further suggested that there is a need for security on the
site.
Ms. Plume made a motion to recommend to the City
Commission approval of the site plan on a portion of
parcels B&C relative to the parking area for the CSX train
stop subject to the following conditions: 1) that prior
to action by the City Commission, a revised landscape plan
(approved by the City Horticulturist) be provided to the
Planning Department along with a letter request for a
waiver of the requirement for the balance of the parcels
to be sodded; and 2) that the applicant acknowledges
these proposed improvements to be interim in nature and
that revised development concepts for the balance of
Parcels B&C, including the development of those areas
under a unified, single lot, may be necessary. The motion
was then seconded by Mr. Soloway and passed unanimously.
P & Z Minutes
October 19 , 1987
Page 5
C. Horizon Club, minor site plan and CUP modifications to
convert a portion of use from continuing care to ACLF:
Mr. Arthur Raddice was present to represent this petition.
After brief discussion, Ms. Plume made a motion to
recommend to the City Commission approval of the request
as a minor modification and does not significantly change
the approved conditional use and approved site plan. The
motion was seconded by Mr. Soloway and passed unanimously.
D. Site Plan for Delray Town Center (corner of Linton and
Military Trail) . Consideration of access and right-of-way
matters:
Mr. Douglas Fuer and Mr. Robert Scher, Fuer & Scher
Properties, and Mr. Bob Basehart, Urban Design Studio,
were present to represent this petition.
Mr. Kovacs informed the members of the Board that there
are two major items of concern. These are as follows:
1)determination of the line at which required landscaping
is to be provided (started) ; and 2) determination of the
median cut configuration for the major point of access
along Linton Boulevard. There are other major points of
concern which the Board has expressed with respect to the
site plan. Those points are contained in a letter of
September 28th directed to the Agent. The Planning
Director stated that staff is recommending a proviso in
the recommendation and that is when the City Commission
takes action contrary to the Planning and Zoning Board' s
recommendation, then the City Commission refers the site
plan back to the Planning and Zoning Board for review. He
further stated that staff feels that it is not appropriate
•
nor safe for the community to allow cross traffic from the
proposed project and the BocaRay Center. That through
traffic and left turn movements out of the center across
Linton Boulevard is not appropriate and therefore there
should be a devised place in the median center to that
which is on Atlantic Avenue, east of Military Trail.
Mr. Bob Basehart requested that the Board take action on
the total site plan at tonight' s meeting.
P & Z Minutes
October 19, 1987
• Page 6
Mr. Kovacs explained that the right-of-way as required by
Palm Beach County, the easement to be dedicated in
the future and will study the right-of-way pursuant to the
previous submitted traffic study.
Mr. John Benedict, Traffic Engineer with Kimley-Horn, then
made a presentation to the members of the Board.
Chairman Currie stated that the members of the Board have
received many letters of opposition from surrounding
residents and concern citizens.
Because there were a number of concerned citizens present
for this proposal, the Chairman accepted comments from the
floor. Mr. Irving Black, President of the Shadywoods
Homeowner' s Association, then addressed the Board
expressing the residents ' concerns of congested traffic.
Mr. Kovacs stated that if there is no documentation to
substantiate the basis for an additional sixteen ( 16) feet
of right-of-way, either from the previously submitted
traffic report or from the County and City Engineer last
year, then the sixteen feet of right-of-way may not be
required. Should it be verified that the sixteen feet is
required then it will be the basis for the calculation of
a 30 ft. landscaping setback.
Mr. Soloway made a motion to recommend to the City
Commission approval of the right-of-way
dedication
The motion was seconded by Mr. Hart
and passed unanimously
Mr. Andrews then made a motion to deny access to the
site ingress/egress The motion
was seconded by Mr. Kellerman. The Board then discussed
the issue of ingress and egress after which, Mr. Andrews
withdrew his motion.
Mr. Soloway made a motion to allow access as proposed with
the installation of a traffic light. The motion was
seconded by Mr. Kellerman and passed by a vote of four to
two (Kellerman, Plume, Andrews and Currie dissenting and
Hart and Soloway voting approval) .
The Chairman then asked the petitioner if he would
consider postponing the request.
Mr. Basehart responded that he requests that the Board
take action on the site plan. He stated the access is
located adjacent to an existing median cut, across an
identical driveway, and does not feel that there is a valid
basis to be denied the right to that access.
P & Z Minutes
October 19 , 1987
• Page 7
•
Ms. Plume then moved to recommend to the City Commission
that the site plan be denied because of the intensity of
the use; Item ( 5 ) which addresses the traffic has not
satisfied the Planning and Zoning Board; the Board
disliked the outparcel on the site; the traffic
flow east side is totally blocked The
motion was seconded by Mr. Kellerman and passed
unanimously.
VI . OTHER LAND USE ITEMS
A. Abandonment of S.E. 9th Court:
Mr. Digby Bridges was present for this petition and stated
that he has no objections to the fourteen conditions as
requested by staff.
Ms. Plume made a motion to recommend to the City
Commission that the request for abandonment be granted
upon a finding that the right-of-way is not needed for any
legitimate traffic circulation purpose and that the
abandonment will accrue public benefits to the City
through enhanced safety and privacy of an existing
residential area and through a public goal to
beautify of Federal Highway and subject to conditions ( 1)
through (7) as outlined in Staff' s Report. The motion was
seconded by Mr. Kellerman and passed unanimously.
B. Annexation of portion of site, six foot in width, Lake Ida
Gardens:
Mr. Hart made a motion to recommend to the City Commission
that the request for annexation be approved and that the
zoning be established as R-1AA pursuant to Code Section
39( 3) (H) . The motion was seconded by Mr. Kellerman and
passed unanimously.
C. Recommendation for use of stabilized sod as a parking
surface for the Bethel Evangelical Baptist Church:
Mr. Casey Hubbard was present to represent this petition.
After brief discussion, Mr. Soloway made a motion to
recommend to the City Commission approval of the use of
stabilized sod as a parking lot surface except for the six
spaces south of the existing building and the aisles in
the south lot which must be paved and subject to an
additional condition which reads as follows: "and subject
to the approval of the construction plans by the City
Engineer" . The motion was seconded by Mr. Hart and passed
unanimously.
P & Z Minutes
October 19, 1987
Page 7
Ms. Plume then moved to recommend to the City Commission
that the site plan be denied because of the intensity of
the use is too great and results in traffic and safety
problems; Item ( 5) of Staff' s Report which addresses the
traffic has not satisfied the Planning and Zoning Board;
the Board disliked and opposes the use of an outparcel on
the site; and that the internal traffic flow is not
appropriate east side is totally
blocked The motion was seconded by Mr. Kellerman
and passed unanimously.
VI. OTHER LAND USE ITEMS
•
A. Abandonment of S.E. 9th Court:
Mr. Digby Bridges was present for this petition and stated
that he has no objections to the fourteen conditions as
requested by staff.
Ms. Plume made a motion to recommend to the City
Commission that the request for abandonment be granted
upon a finding that the right-of-way is not needed for any
legitimate traffic circulation purpose and that the
abandonment will accrue public benefits to the City
through enhanced safety and privacy of an existing
residential area and through a public goal to
beautify of Federal Highway and subject to conditions ( 1)
through (7) as outlined in Staff' s Report. The motion was
seconded by Mr. Kellerman and passed unanimously.
B. Annexation of portion of site, six foot in width, Lake Ida
Gardens:
Mr. Hart made a motion to recommend to the City Commission
that the request for annexation be approved and that the
zoning be established as R-1AA pursuant to Code Section
39( 3 ) (H) . The motion was seconded by Mr. Kellerman and
passed unanimously.
C. Recommendation for use of stabilized sod as a parking
surface for the Bethel Evangelical Baptist Church:
Mr. Casey Hubbard was present to represent this petition.
After brief discussion, Mr. Soloway made a motion to
recommend to the City Commission approval of the use of
stabilized sod as a parking lot surface except for the six
spaces south of the existing building and the aisles in
the south lot which must be paved and subject to an
additional condition which reads as follows: "and subject
to the approval of the construction plans by the City
Engineer" . The motion was seconded by Mr. Hart and passed
unanimously.
P & Z Minutes
October 19, 1987
Page 8
VII . OTHER ITEMS
A. Revised Water Service Agreement Format:
After lengthy review the Board made the following
amendments to the revised Water Service Agreement:
The Planning Department suggested the following changes be
made to the current standard Water Service Agreement: 1)
that paragraph 12 be changed to relate only to the issue
of water and irrigation and read, "Any water furnished
under this agreement shall not be used for irrigation
purposes unless such use is specifically and separately
approved by the Director of Utilities" ; 2) that a new
paragraph 13 be created which addresses the site plan and
development plan review process, and reads as follows:
"As an expressed condition of this Agreement, the CUSTOMER
further agrees to abide by all ordinances of the City
which are in effect at the time of development,
redevelopment, or renovation on the site and which pertain
to land use and development matters. Such matters
include, but are not limited to signing, landscaping,
architectural review and approval processes. However, no
development requirements of the City shall be imposed
which shall have the effect of diminishing a County
development standard or requirement. In such cases, the
City requirement shall be subservient and no further
action of waiver or variance shall be required" .
After lengthy discussion, it was the consensus of the
Board to accept the changes as recommended by staff with
the substitution of the word "signage" instead of
"signing" .
Mr. Kovacs informed the members of the Board that the
Director of Public Utilities has prepared a revised form
letter which will explain how to obtain water service from
the City.
Mr. Soloway made a motion to forward the proposed changes
to the Water Service Agreement to the City Commission for
approval. The motion was seconded by Mr. Kellerman and
passed unanimously.
Ms. Plume then made a motion to adopt the Planning
Department' s suggestions and criteria and forward to the
City Commission. The motion was seconded by Mr. Hart and
passed unanimously.
P & Z Minutes
October 19, 1987
Page 9
B. Recommendation Policy relative to the Processing of
Amendments to Special Activity District SAD(s) :
Mr. Kovacs explained that there are twenty-two ( 22)
Special Activity District designations in the City. He
further explained that while the zoning ordinance is being
amended, he felt that the process should be that of
rezoning. Also, the City Attorney has requested
clarification because he does not think that a change in
the allowed use, under a specific SAD, is a rezoning.
After brief discussion, it was the consensus of the Board
to consider any modification to a SAD as if it were a
modification to a conditional use. Three levels of review
would be possible: non-impacting, minor and major. The
Board directed staff to undertake a case-by-case review of
each of the twenty-two existing SAD( s) . Mr. Soloway so
moved. The motion was seconded by Mr. Hart and passed
unanimously.
C. Schedule ' for processing the allotted Land Use Plan
Amendments for 1988:
Mr. Kovacs stated that the City is limited to amending its
Comprehensive Plan only twice a year. The amendment
process from last deadline date for Planning and Zoning
action to receipt of the required State Department of
Community Affairs (DCA) report. He further stated that
the Board needs to address whether or not an earlier
submission would be appropriate and that the Community
Redevelopment Plan should be made a part of the
Comprehensive Plan. The Planning Director informed the
members of the Board that the discussions of a
low-moderate housing program north of Carver Estates would
require a plan amendment.
After discussion, Ms. Plume made a motion to recommend to
the City Commission that a schedule for processing the
allotted Land Use Plan Amendments for 1988 be adopted as
recommended by the Planning Department as outlined in
Staff ' s Report. The motion was seconded by Mr. Hart and
passed unanimously.
P & Z Minutes
October 19, 1987
Page 10
The meeting was adjourned at 11: 15 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the minutes of the meeting of
said body for October 19, 1987, which were formally adopted and
approved by the Board on
Celeste McDonough
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes.
They will become so after review and approval, which may involve
some changes.
1
MINUTES OF THE PLANNING AND ZONING BOARD °RAVI.
CITY OF DELRAY BEACH, FLORIDA
SPECIAL MEETING
MEETING DATE: JULY 25, 1988
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I. CALL TO ORDER:
This SPECIAL MEETING was called to order by Chairman Currie
at 7: 05 p.m. Upon determining that a quorum was present,
the Chair announced that the purpose of this special meeting
was to consider the annexation of various enclaves and to
address items which were continued from the Board' s regular
meeting of July 18, 1988 .
Members Present:
Bob Currie Phyllis Plume
Kathi Sumrall Bill Andrews
Lamar Shuler Jack Kellerman
• Sid Soloway
Members Absent: NONE
Staff Present:
David J. Kovacs, Planning Director
Stan Weedon, Assistant Director, Enclave Coordinator
Carol Jannotta, Annexation Specialist
Celeste McDonough, Planning Secretary
PUBLIC HEARINGS RE ENCLAVE ANNEXATIONS:
Items (F) and (C) were brought forward on the Agenda.
Mr. William Murtha, representing Citizens Against Political
Annexation, stated his opposition to the annexation of all the
enclaves and that he would like to represent those citizens who
could not attend this meeting to voice their objections.
F. Enclave 57, Windward Palms Subdivision, Proposed Zoning
of R-1A-B:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current
use and status of services, and addressed other
information as contained in the staff report presented
for this enclave annexation.
P & Z Board Minutes
July 25, 1988
Page 2
There were no questions and the Chair declared the
Public Hearing opened. The following individuals
addressed the Board:
William Murtha, representing residents of Windward
Pine, stated that the residents of the area opposed
annexation of any properties. .
Marilyn Golovchenko, 4091 Brandon Drive, opposed the
annexations because she felt that the annexations are a
City issue and have nothing to do with the residents.
David Friendly, residing on Brandon Drive, had several
questions relative to easements onto Chatelaine
Boulevard.
George Greenwood, 4453 Brandon Drive, felt the
annexations were against his constitutional rights.
Peter Armbruster, residing on Brandon Drive, was
concerned of property at the end of of the street
because it was his understanding that there would
possibly be multiple family development.
The Chairman explained that the property in questions
is zoned single family in the City
Rosina Armbruster, was concerned of the safety of
children in the area. She stated that the Delray
Shores Subdivision has a history of break-ins, etc.
Rhonda Wenman, residing on Brandon Drive, addressed the
Board opposing the project.
Glenn Baker, residing on Brandon Drive, asked how the
City determines what areas are to be annexed.
Mr. Kovacs explained that the City looks at each
enclave area to see if any special circumstances
may exist. He then responded to a statement relative to
problems in the Delray Shores Subdivision by explaining
that this area and other areas, upon annexation, will
have the benefit of the City' s Code Enforcement
Division and police protection that will help these
areas. He stated that the City' s police station is
approximately half a mile away and that the City will
be installing water and sewer mains; but, Enclave 57
will probably be the last enclave to have connections
unless the property owners want to accelerate
improvements by petitioning the City and pay some of
the costs themselves.
1
P & Z Board Minutes
July 25, 1988
Page 3
In response to a question relative to installation
costs of water and sewer, Mr. Kovacs stated that costs
would be approximately in the range of $120,000, or
$2, 000 per homeowner ( lump sum assessment) in addition
to the owner' s own connection to the lines.
In response to a question if Lot #1 was excluded from
this petition, Mr. Weedon explained that Lot 1 had
already requested to be annexed.
There being no one else to be heard the Chair closed
the public hearing and turned to the Board for comment
and action.
It was then moved by Plume with a second by Soloway and
carried 7-0 to recommend to the City Commission that
Enclave 57 be annexed to the City of Delray Beach with
initial City zoning of R-1A-B based upon the findings
as listed in the staff report.
C. Enclave 52, Four Parcels Between Dixie Highway and
Federal Highway, North of Lindell, Proposed Zoning of
ACT and MH:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current
use and status of services, and addressed other
information as contained in the staff report presented
for this enclave annexation.
There were no questions and the Chairman declared the
Public Hearing open. The following individuals
addressed the Board:
Bruce Kaelita, representing Dominic IandiMarino, stated
that his client does not oppose the annexation but
would like the Board to consider GC zoning because he
felt it would be more compatible with the surrounding
zoning.
Mr. Currie responded that the Board concurred with his
statement.
P & Z Board Minutes
• July 25 , 1988
Page 4
Dominic IandiMarino, property owner, addressed the
Board seeking commercial zoning for his holdings. He
stated that the property has been on City sewers since
1952.
•
There being no one else to be heard, the Chairman
closed the public hearing and turned to the Board for
comment and action.
It was then moved by Sumrall with a second by Soloway
and carried 7-0 to recommend to the City Commission
that Enclave 52 be annexed to the City of Delray Beach
with initial City zoning of GC based upon the findings
as listed in the staff report but modified to
accommodate the recommended zoning of GC.
A. Enclave 49, Flohr - South Ocean Boulevard by Highland
Beach. Proposed Zoning of RM-15:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current
use and status of services, and addressed other
information as contained in the staff report presented
for this enclave annexation.
There were no questions and the Chair then declared the
Public Hearing opened. There being no one to be heard,
the hearing was closed and the Chair turned to the
Board for an action.
It was then moved by Sumrall with a second by Soloway
and carried 7-0 to recommend to the City Commission
that Enclave 49 be annexed to the City of Delray Beach
with initial City zoning of RM-15 based upon the
findings as listed in the staff report.
B. Enclave 51, Single Family Home off Florida at Tropic
Bay, Proposed Zoning of RM-15:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current
use and status of services, and addressed other
information as contained in the staff report presented
for this enclave annexation.
There were no questions and the Chair then declared the
Public Hearing opened. There being no one to be heard,
the hearing was closed and the Chair turned to the
Board for an action.
P & Z Board Minutes
• July 25, 1988
Page 5
It was then moved by Sumrall with a second by Soloway
and carried 7-0 to recommend to the City Commission
that Enclave 51 be annexed to the City of Delray Beach
with initial City zoning of RM-15 based upon the
findings as listed in the staff report.
D. Enclave 54, Four parcels south of Avenue L, east of
Federal Highway, Proposed Zoning of RM-10:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current
use and status of services, and addressed other
information as contained in the staff report presented
for this enclave annexation.
There were no questions and the Chair then declared the
Public Hearing opened. There being no one to be heard,
the hearing was closed and the Chair turned to the
Board for an action.
It was then moved by Sumrall with a second by Soloway
and carried 7-0 to recommend to the City Commission
that Enclave 54 be annexed to the City of Delray Beach
with initial City zoning of RM-10 based upon the
findings as listed in the staff report.
E. Enclave 56 , Two five acre parcels abutting the Pulte
Housing Development east of Barwick Road, Proposed
Zoning of ART:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current
use and status of services, and addressed other
information as contained in the staff report presented
for this enclave annexation.
There were no questions and the Chair then declared the
Public Hearing opened. There being no one to be heard,
the hearing was closed and the Chair turned to the
Board for an action.
There being no one else to be heard the Chair closed
the public hearing and turned to the Board for comment
and action.
It was then moved by Sumrall with a second by Soloway
and carried 7-0 to recommend to the City Commission
that Enclave 56 be annexed to the City of Delray Beach
with initial City zoning of ART based upon the findings
as listed in the staff report.
P & Z Board Minutes
• July 25, 1988
Page 6
G. Enclave 60. Parcel along the Railway and I-95, South of
Lake Ida Road, Proposed Zoning of LI:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current
use and status of services, and addressed other
information as contained in the staff report presented
for this enclave annexation.
There were no questions and the Chair declared the
Public Hearing opened. The following individuals
addressed the Board:
James Miller, Attorney, representing owner Ben Vaughn,
informed the Board that he spoke to the City Attorney
and asked if the City had the right to require
removal of signage along Federal Highway. Mr. Miller
voiced his client' s objection to the annexation mainly
because of the regulations of signage for opposing
annexation.
There being no one else to be heard the Chair closed
the public hearing and turned to the Board for comment
and action.
It was then moved by Sumrall with a second by Plume and
carried 7-0 to recommend to the City Commission that
Enclave 60 be annexed to the City of Delray Beach with
initial City zoning of LI based upon the findings as
listed in the staff report.
H. Enclave 64, Parcel along the Railway, South of Lake Ida
Road, Proposed Zoning of MI
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current
use and status of services, and addressed other
information as contained in the staff report presented
for this enclave annexation.
It was moved by Sumrall and seconded by Shuler and
carried 7-0 to recommend to the City Commission that
Enclave 64 be annexed to the City of Delray Beach with
initial City zoning of MI based upon the findings as
listed in the staff report.
P & Z Board Minutes
July 25, 1988
Page 7
I. Enclave 67 , Canal west of Homewood, Proposed Zoning of
RM-6, in-part, and RM-10, in-part:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current
use and status of services, and addressed other
information as contained in the staff report presented
for this enclave annexation.
There were no questions and the Chair then declared the
Public Hearing opened. There being no one to be heard,
the hearing was closed and the Chair turned to the
Board for an action.
It was then moved by Plume with a second by Sumrall and
carried 7-0 to recommend to the City Commission that
Enclave 67 be annexed to the City of Delray Beach with
initial City zoning of RM-6 and RM-10 based upon the
findings as listed in the staff report.
J. Enclave 70, ii Acres West of Tropic Palms, Proposed
Zoning of ART:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current
use and status of services, and addressed other
information as contained in the staff report presented
for this enclave annexation.
There were no questions and the Chair then declared the
Public Hearing opened. There being no one to be heard,
the hearing was closed and the Chair turned to the
Board for an action.
It was then moved by Sumrall with a second by Kellerman
and carried 7-0 to recommend to the City Commission
that Enclave 70 be annexed to the City of Delray Beach
with initial City zoning of ART based upon the findings
as listed in the staff report.
III . ITEMS CONTINUED FROM THE REGULAR MEETING OF July 22 1988:
A. Consideration of Proposed Text Amendments for
Short-Term Residential Uses and a Proposed
Resort/Tourism Zone District:
David Kovacs addressed the Board seeking further
direction regarding the proposed text amendment. The
following points were discussed:
: - amusement. .more restrictive out of GC and zone
commercial properties R/T. . .
P & Z Board Minutes
July 25, 1988
Page 8
B. Direction Regarding the Industrial Area North of S.W.
10th Street:
Dave Kovacs addressed the Board regarding what
direction, if any, the Board wished to pursue regarding
continuing industrial development in proximity to
Wellfield 20 . It was the consensus of the Board that
its previous recommendation to approve the F.D.K. site
plan was inappropriate. And, further that consideration
of rezoning the area should be formally addressed.
Mr. Kovacs suggested that the Board send a
representative to the C.R.A. at its meeting on August
It was the consensus of the Board to proceed in the
manner suggested by Mr. Kovacs. The Chair then
appointed Ms. Sumrall to represent the Board before the
C.R.A. and Mr. Currie to appear before the City
Commission on August 12th regarding initiation of a
rezoning.
IV. ADJOURNMENT
The Chairman declared the meeting adjourned at 8: 10
P.M. .
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the minutes of the meeting
of said body for July 25, 1988, which were formally adopted and
approved by the Board on
Celeste McDonough
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes.
They will become so after review and approval, which may involve
some changes.
MINUTES OF THE PLANNING AND ZONING BOARD r'
PUBLIC HEARING/REGULAR MEETING
CITY COMMISSION CHAMBERS
JULY 18, 1988
MEMBERS PRESENT: Chairman Currie, Andrews, Kellerman, Plume
Soloway, Shuler, Sumrall
ABSENT: None
STAFF PRESENT: David J. Kovacs, Paul Dorling, Jeff Costello,
Celeste McDonough
I . The meeting was called to order at 7: 05 P.M.
II. CONSIDERATION OF MINUTES:
Mr. Kovacs noted that the minutes for meetings of August 5,
24, and 28, 1987 ; and September 21, 1987; and October 19,
1987 were not ready for approval and were to be continued.
The Minutes of the meeting of June 20, 1988, were nefore the
Board. The following changes were noted: delete reference
to "Chairman" and replace with "Vice Chairman" on pages, 2,
7, 9, 11, 12 and 15.
It was then moved by Plume, seconded by_Kellerman and
carried 7-0 to approve the Minutes as amended.
The Minutes of the meeting of June 27, 1988, were before the
Board.
It was then moved by Plume, seconded by Soloway and carried
7-0 to approve the Minutes as presented.
III. PUBLIC HEARINGS:
A. Consideration of a Conditional Use Request to Establish
a Hotel at S.W. 10th Street and Federal Highway and
Associated Site and Development Plan (Gulfstream Motor
Lodge)
Chairman Currie stepped down from the Board because of
his conflict of interest with this case. Vice-Chairman
Plume assumed the gavel.
1
P & Z Board Minutes
July 18, 1988
Page 2
Mr. Kovacs introduced the item to the Board through a
review of the staff report. The following items were
emphasized:
the obligation of the developer to extend a new
water main to the site for fire suppression
purposes and of the two options available it
appears that the more costly alternative is being
pursued.
There were no questions and the Chair declared the
Public Hearing opened. The following individual
addressed the Board:
Mr. Larry Schneider, Architect, representing Currie,
Schneider & Associates informed the Planning Director
that his client would prefer a 4 1/2 foot hedge in lieu
of a wall as required relative to condition ( 5) (e) as
outlined in the Staff Report.
There being no one else to be heard the Chair closed
the public hearing and turned to the Board for comment
and action.
It was then moved by Mr. Soloway with a second by Mr.
Shuler and carried 6-0 (Currie absent) to recommend
approval of the site plan and conditional use request
subject to the following:
1. That Administrative Relief be granted to allow
twenty (20) parking spaces to be designed as
compact car spaces and designated exclusively for
long-term employee use.
2. That a plat be approved and recorded prior to the
issuance of any building permit. Such plat shall
accommodate the appropriate right-of-way
dedications on S.E. 10th Street and shall contain
water, sewer and street improvement plans.
3. That a detailed landscape plan, including a
planting plan for the courtyard, be submitted and
approved by the Community Appearance Board prior
to the issuance of any building permits.
4. That this approval be valid, pursuant to Code
Section 173.849 and Section 173 .868 for eighteen
(18) months.
P & Z Board Minutes
July 18, 1988
Page 3
5. That the site plan be revised addressing the
following items which have been described in the
Staff Report:
a) Calculations for interior greenspace
requirements to substantiate that an area
equal to 10% of the total paved area is in
interior greenspace.
b) A five ( 5) foot sidewalk extending from U.S.
Highway No.1 to the western edge of the
property adjacent to the ultimate
right-of-way line.
c) The loading area be redesigned to accommodate
two 12 X 30 foot loading berths while
maintaining clear access for the adjacent 24
foot driveway.
d) The provision of two additional trees along
the western boundary in order to maintain
maximum tree spacing of twenty-five ( 25) foot
on center.
e) A four and one-half (4 1/2) foot hedge be
provided at the time of installation along
the western property line.
f) Pedestrian crosswalks across the 24 foot
driveway coinciding with access points to the
building.
Chairman Currie returned to the Board.
B. Consideration of a Conditional Use Request to Establish
a Church on S.W. 5th Avenue just south of Atlantic
Avenue (Christ Missionary Baptist)
Mr Kovacs introduced the item to the Board through a
review of the staff report. The following items were
emphasized:
- the proposal does not comply with code
requirements as they pertain to required
parking, parking lot design, and landscaping;
- the underlying zoning is RM-6 and under that
zoning provisions for accommodating on-site
parking on other properties is not allowed.
P & Z Board Minutes
July 18, 1988
Page 4
There were no questions and the Chair declared the
public Hearing opened. The following individuals
addressed the Board:
Reverend Matthew Mitchell, Jr. , urged the Board to
allow the church to pursue the use of the temporary
structure. He stated that the church wishes to
renovate a building on S.W. 5th Avenue for temporary
use for a time period of approximately 2 1/2 years
until such time that a new church is constructed. He
informed the Board that it would take approximately
$8,000 to renovate the building (not inclusive of
landscaping, etc. ) .
In response to a question asked by Ms. Sumrall relative
to sufficient parking spaces for a 75 member
congregation, Reverend Mitchell stated that he has
received written permission from a funeral home and
beauty parlor to use their parking facilities.
Vincent Brown, Assistant Pastor, expressed his
frustration why a conditional use is so important when
there are people in the City who need help. He urged
the Board to consider the church' s circumstances and
approve the request.
Ms. Plume asked if any input or direction was received
from the Community Redevelopment Agency.
Mr. Matt Gracey, member of the CRA, informed the Board
that the CRA had unanimously approved the request.
Sumrall asked Reverend Mitchell if the church held
services other than on Sundays, and if so, what time.
Reverend Mitchell responded that the church choir held
rehearsals on Wednesdays at 7: 30 to approximately 9:00
P.M. . He added that the church is in a very limited
position.
Ms. Plume suggested to Reverend Mitchell if he had
approached the ministerial services for help. Ms.
Plume and Mr. Shuler suggested that perhaps his
congregation could use another church for services
until such time that the new church is ready.
Reverend Mitchell responded that the land has already
been purchased and that he had not investigated
alternatives.
P & Z Board Minutes
July 18, 1988
Page 5
There being no one else to be heard the Chair closed
the public hearing and turned to the Board for comment
and action.
Chairman Currie emphasized that the Board supports the
church but felt that the Board, by approving this
request, would not be doing the church a favor because
the property is too small and the use not appropriate
for this particular site.
Mr. Shuler was concerned of the 75 member congregation
and stated that he had mixed emotions and suggested
that perhaps a church that did not meet on Sundays
could be pursued for help.
Ms. Plume stated that she would like to accommodate the
church but felt that it would not be good planning to
approve the request.
Mr. Soloway suggested that Reverend Mitchell should
contact the School Board for help.
It was then moved by Soloway with a second by Sumrall
and carried 6-1 (Shuler dissenting) to recommend denial
of the requested conditional use and attendant site
plan because of an inability to make positive findings
with respect to Site Plan Standards #2 (Impact of
proposed use) , Standard #3 (Screens and Buffers) ,
Standards #4 (Off-Street Parking) , Standard #5 (screens
and Buffers) , Standard #10 (Site Development) , as well
as Conditional Use Standards #7 (Setbacks) and #8
(Compatibility) .
It was the consensus of the Board to move Item (C) to last on the
agenda and to continue the agenda as outlined.
IV. LAND USE REQUESTS:
A. Major Modification to the Site Plan for Atlantic Plaza
through addition of the Jacobson' s Department Store and
C.R.A. Parking Structure
Mr. Kovacs introduced the item to the Board through a
review of the staff report. The following items were
emphasized:
there were some items which necessitated variance.
Of these items all, except parking requirements,
fell mainly within the purview of the Board of
Adjustment; however, some items, such as loading
area design, could also be addressed by the Board
under the site plan review criteria;
P & Z Board Minutes
July 18, 1988
Page 6
items 2, 3 & 4 ( landscaping) should be in hand
item 5 to be approved by the City Engineer prior
to construction.
recommend approval of the site plan.
The Chair asked if the applicant was present and if he
had anything to state.
Mr. Roy Simon, representing Atlantic Plaza Ltd. , (for
the addition) and the Community Redevelopment Agency
(for the parking structure) informed the Board that the
department store will take approximately a year to
complete while the parking structure would take only
six months and would like to start as soon as possible
perhaps by phasing the project. He felt that a new
legal description would help the platting process.
Mr. William Finley, Director of CRA, stated that it is
important for the record that the Board realized that
Mr. Roy Simon is representing the developer of the
department store, at same time he represents the CRA
and speaks only as an architect.
Mr. Finley stated that the CRA had no objections to the
list of conditions as long as conditions (2) , (3) , (4)
and (5) are directed to the parking structure and not
to the addition of Atlantic Plaza.
The Community Redevelopment Agency will submit all
building plans. He felt that with the developer
donating land and with the site the CRA is purchasing
for the parking structure should be joined by a Unity
of Title with the granting of 10 feet of right-of-way
by the City.
Mr. Kovacs felt that the best way to proceed is to have
the property platted before the building permit stage.
Mr. Simon responded that the developer plans to submit
for a building permit in August with anticipation of
starting construction in October at the latest.
Mr. Mark David, 1700 Dover Road, stated that he is a
member of the the Board of Adjustment and felt that the
waiver of variances is not the right way to proceed.
P & Z Board Minutes
July 18, 1988
Page 7
Mr. Currie responded that the the Planning and Zoning
Board will try to move the project as quickly as
possible because it will benefit the revitalization of
downtown.
Mr. Jim Watt, Attorney, representing the Northeast
Residents Association, addressed the Board explaining
the the residents were not oppose to Jacobsons and in
fact supported the addition but they did oppose the
parking garage. He had reviewed the 10 standards in
the Staff Report and felt that only four of those
standards have been complied with i.e #1 site plan -
conceptual plan has been submitted. However, the
traffic study has not approved by Engineering
Department.
Mr. Watt suggested that some issues needed to be
resolved to avoid legation; however, the residents do
not want to stall the process. He urged the Board to
slow the process and to be sure that all the standards
are met.
Mr. Currie stressed that the developer will have to
meet every criteria required by the City and that the
III Planning and Zoning Board is not just granting
approval.
There being no further questions, the Chair declared
the Public Hearing closed and turned to the Board for
comments and action.
Ms. Plume stated that she understood that the
neighboring residents were under the impression that .
there would not be any access on N.W. 7th Avenue.
It was then moved by Soloway with a second by Andrews
and carried 6-1 (Sumrall dissenting) to forward a
recommendation that the site plan submittal for a major
modification to Atlantic Plaza and the development of a
public parking garage (by the CRA) be approved based
upon a finding of substantial compliance with the ten
standards set forth in Code Section 173 .867 and subject
to the following conditions and that conditions (2)
thru (5) pertain only to the parking structure:
1. That either all needed variances, as cited in the staff
report, be obtained or the site plan be revised to
comply with code requirements.
P & Z Board Minutes
July 18, 1988
Page 8
2. That prior to issuance of building permits, detailed
landscaping plans be submitted and approved by the CAB
which include:
- the areas east and north of the parking structure;
- the 1st Street right-of-way under the deck;
- replanting of the perimeter landscaping along the
north side of Atlantic Plaza adjacent to 7th
Avenue;
in addition to normal details for other landscape areas
shown on the site plan.
3 . That prior to issuance of a building permit, a properly
prepared final plat for the property north of 1st
Street be submitted and accepted for processing.
4. That prior to issuance of a building permit,
improvement plans for 1st Street (east of 7th Avenue)
be provided to and accepted by the City Engineer. Said
plans to include landscaping details, pedestrian way
details, curb and gutter sections, coordination plans
regarding the master storm drain project, and
reconstruction of the street as it pertains to the
parking garage, the relocation of utilities, and fire
hydrant installation east of the structure.
5. That prior to issuance of a building permit, drainage
plans (accommodating run-off from the parking deck in
addition to sheet flow alterations) must be submitted
to and approved by the City Engineer.
6. Standard road impact fees shall be collected upon
issuance of building permits.
7. Signs and pavement markings must be in accordance with
MUTCD Specifications and must be shown on the site
plan in a manner acceptable to the City Engineer.
Employee Only Parking signing must be provided on the
spaces east of the drive-through teller.
8. That the parking garage entry onto 7th Avenue not be
available for use on a daily basis and an appropriate
physical barricade be provided.
9. That this action of approval shall be valid for a
period of eighteen ( 18) months following City
Commission action.
10. That justification, as deemed appropriate and
acceptable by the City Engineer, be provided to
accommodate any clearance over the travelway of N.E.
1st Street which is less than sixteen feet (16 ' ) .
P&Z Board Minutes
July 18, 1988
Page 9
B. Consideration of the Site and Development Plan for the
Wallace Automobile Dealership along Germantown Road
(continued item) :
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following items were
emphasized:
the disposition of the treatment and maintenance of
the future right-of-way for S.W. 10th Avenue does not
need to be addressed until Phase II development
occurs.
the manner of handling the northern and eastern
portion of the south boundary is the same as was
agreed to when the temporary parking site plan was
before the Board.
that improvements are required on Germantown Road the
precise nature of the improvements (other than simply
another travel lane) will be identified in the plat
submission.
The Public Hearing was opened. The following individuals
addressed the Board.
Mr. Mark Marsh, Architect, stated that he agreed to most of
the conditions; however, requested that the off-loading
areas (Condition #7) could be addressed as an alternate in
Phase I . He explained that the owner of the property is
willing to forfeit some parking spaces. Regarding the
abandonment of Queens Avenue, the owner wishes to proceed
with the abandonment but in lieu of that will readdress the
circulation through site plan modification.
Mr. Roger Saberson, Attorney, addressed the Board regarding
Condition (8) and pointed that the time frame must be three
years in order to submit 75% of the cost of public
improvements .
There being no one else to address the Board, the Public
Hearing and turned to the Board for comment and action.
P & Z Board Minutes
July 18, 1988
Page 10
It was the consensus of the Board to amend conditions
(3) and ( 4) .
It was then moved by Plume with a second by Soloway and
carried 7-0 to forward a recommendation of approval of
the conditional use of an automotive dealership to be
established pursuant to the site plan prepared and
hereby approved for 11. 3 acres of land located east of
Germantown Road, north of Queens, subject to the
following conditions:
1. that either a variance is granted from the Board
of Adjustment for a reduction in the required
number of loading areas or additional areas
accommodated through revision to the site plan.
2. if Phase I construction precedes abandonment of
Queens Avenue, or if a petition for abandonment of
Queens Avenue is not granted, that the "parts
receiving" loading dock and its access be
redesigned (as a non-impacting site plan
modification) so that Queens Avenue is not used
for maneuvering purposes and otherwise complying
with dimensional requirements for loading areas.
3. that the off-loading and storage area on the north
end of the overall site be included in Phase I and
that development be accommodated within three ( 3 )
years in the development of Phase I.
4. that the perimeter landscaping required along the
north boundary be provided for that length of the
boundary associated with the off-loading area
being provided.
5. that any part of Phase II which is cleared in
conjunction with initial development be sodded and
irrigated.
6. platting shall be completed prior to applying for
a building permit -- the preliminary plat
submission shall accommodate and/or address, as
appropriate, the following (in addition to normal
platting matters) :
a) dedication of ten feet along the Germantown
frontage for right-of-way purposes;
b) installation of a sidewalk, five feet in
width, along the entire length of the
Germantown Road frontage;
P & Z Board Minutes
July 18, 1988
Page 11
c) dedication of twenty-five feet along the
eastern boundary for S.W. 10th Avenue
right-of-way purposes;
d) an improvement program for the S.W. 10th
Avenue right-of-way which shall include, but
not be limited to:
- deferral of ultimate buffering until
installation of S.W. 10th Avenue, or
until called for by the City; however,
some aspects of the perimeter
landscaping may be required;
- assumption of maintenance for the
right-of-way area and the installation
of sod and irrigation within it.
e) continuation of the public sewer main from
M.H. #3 to the north property line, with
appropriate easements, and the main placed at
a depth sufficient to accommodate sewage
flows from the north.
f) preliminary construction plans (design plans)
for Germantown Road improvements which shall
be of at least one additional travel lane
(total travelway width of thirty-six feet) ;
along with a pavement marking plan. . . . .
these design and pavement marking plans shall
be developed in concert with Palm Beach
County Engineering prior to their submittal
to the City.
7. that the following modification be made to the
site plan:
a) elimination of parking spaces which are
aligned with points of entry from Germantown
Road (8 spaces) ;
b) reduction of the northerly driveway to 24 '
width;
c) addition of a fire hydrant at the south
building;
d) on-site signing and pavement marking for
traffic flow including the on-site truck
routing.
P&Z Board Minutes
July 18, 1988
Page 12
C. Consideration of the Master Preliminary Plat for the
Sabal Lakes (Pulte) Housing Project:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report.
The Chairman asked if the applicant was present and if
he wished to address the Board.
Mr. Frank S , representing Pulte Homes, stated
that there were no objections.
Mr. Andrews expressed concern of the easements and
pedestrian walkways in Sections 8 & 9 .
It was then moved by Ms. Sumrall, seconded by M .
Soloway and passed 6-1 (Andrews dissenting) to
recommend approval of the preliminary plat subject to
the following conditions:
1. Revise the plat to show that the parcel
description is tied to a section corner.
2. That additional fire hydrants will be provided so
that the maximum spacing of 500 feet road travel
will be met.
3. That detailed plans be submitted with the final
plat for Phase I to show the following on-site
and off-site roadway improvements:
- a right turn lane east approach and a left
turn lane north approach at Lake Ida and
Barwick Roads.
- a four lane urban section from Barwick Road
to the west school entrance and a three lane
section to the last school entrance.
modifications to the existing turn lanes at
the Barwick Road entrance to conform to the
geometry of the widened entrance road. Such
modification may only require restriping as
the transition and storage may be adequate.
P&Z Board Minutes
July 18, 1988
Page 13
at Lake Ida and Barwick Roads :
a right turn lane on the east approch.
- a left turn lane with left turn signal
phasing on the north approval.
- a left turn lane with a left turn
signal phasing on the south approach.
4 . Prior to the City Commission consideration of the
Final Plat of Phase I, a determination will be
made as to the developer's cost responsibility in
the provision of the 12" water main extending
from its present point of termination to the
eastern bounday of the project.
5 . Revise the preliminary plat to show a utility
easement covering the proposed lift station.
6 . State on the plat under "notes" that the useable
open space area within Phase IV will be a minimum
of 2 .32 acres.
7 . That the preliminary plat be revised to
incorporate a 25 foot landscape easement along
Barwick Road extending from the southern property
line to the main entrance.
8 . That street names be added on the plat and the
limits of the roadway system (the end of the
public roadway/ beginning of the private roadway)
be noted.
9 . Prior to the City Commission consideration of the
final plat for Phase I, approval be obtained from
L.W.D.D. to allow the outfall in the L-30 Canal.
P & Z Board Minutes
July 18, 1988
Page 14
D. Consideration of the Final Plat for Delray Mazda
Expansion:
Mr. Kovacs introduced the item to the Board through a
review of the staff report. The following items were
emphasized:
- the submittal was not complete enough for
action as a final plat but the Board could take
action on it as a preliminary plat.
The Chair asked if the applicant was present and if he
had anything to state.
Roger Saberson, Attorney, representing William
Chamberlain, property owner, addressed the Board and
asked for direction from the Board on several
conditions.
Mr. Kovacs stressed that the Planning and Zoning Board
needs to certify that all technical issues are
completed in order to provide more efficiency and
effectiveness before presentation to the City Commission.
He emphasized that these issues needed to be addressed
by the City Attorney prior to being forwarded to the
City Commission.
Saberson: will submit an agreement - Chamberlain
agrees to 20% of the cost of improvements. City go get
permit. .has a letter of letter dated 1/5/88 from
Eng.Dept. re median cut on Federal/Ave.F Also,
letter dated in Aug. ?, did agreed initially,etc. . .City
should share responsibility and applicant pay 20%.
Kovacs: City will not do median cuts will go in ref.
DOT (go with DOT's recommendation) City will not be
applicant - it' s the developer' s responsibility
misunderstood Gerry Church' s intention. . .City would
assist.
Mu. (a t.c` h
Maureen Miesialefremployee of Mr. Chamberlain' s, suggested
that these problems need to be discussed in detail at a
workshop meeting.
The Board directed that the agent meet with staff to
resolve platting problems. It was determined that it
was the developer' s responsibility and not the City' s
to prepare engineering data for the associated FDOT
permit application.
The Chairman directed that this request be continued to
the Planning and Zoning Board Workshop Meeting on July
22nd.
P & Z Board Minutes
July 18, 1988
Page 15
E. Consideration of the Site Plan for the Exxon Station
Redevelopment at Congress and Atlantic and Disposition
of the Conditional Use Request
Mr. Kovacs introduced the item to the Board through a
review of the staff report.
The Chair asked if the applicant was present and if he
had anything to state.
David Felton, representing Exxon addressed the Board by
stated that his only concern was relative to the lift
station,
The Chairman then asked if any Board Member had
comments or questions; there being none, requested
action.
It was then moved by Plume with a second by Soloway and
carried 5-2 (Sumrall & Currie dissenting) to recommend
approval of the conditional use and site plan for the
Exxon Service station subject to conditions (1) thru
(6) as follows:
1. Indicate height, type, strength and direction of
proposed lighting pursuant to Section
30-22(G) ( 5) (0) ;
2. The following notes must be added to the landscape
plan;
- all landscaped areas will receive 100%
irrigation from a source other than City
water.
- Sod and irrigation will be provided to the
edge of pavement.
- All landscaped areas adjacent to high traffic
areas will be curbed pursuant to Section
9-374(b) .
- All plant material will be Florida #1 or
better pursuant to Section 9-378(C) (1) .
3 . Provide calculations to show that the required 10%
of total paved area is provided in interior green
space.
4. Conflicts exist between the landscape plan and
proposed lighting location. Along the north
II perimeter two light poles appear to conflict with
tree canopies.
P & Z Board Minutes
July 18, 1988
Page 16
5. Platting will be required prior to the issuance of
any building permit.
6. The following contributions are required of this
development and must be paid prior to issuance of
a building permit.
At the time of widening of Congress Avenue, a
contribution shall be made to the City for
beautification of the Avenue. Such contribution
shall defray the cost of irrigating and
landscaping the median on the roadway in
accordance with plans developed by the City.
Payment shall not exceed $10. 00 per front foot and
shall be applied in accordance with an ordinance
to be adopted by the City which the applicant
understands and agrees will be application to this
project.
F. Consideration of the Final Plat for the Replat of
Parcel 1, Linton Center (Linton Office Center)
Mr. Currie stepped down from the Board because of his
conflict of interest with this item and turn the Chair
over to Vice-Chairman Plume.
Mr. Kovacs introduced the item to the Board through a
review of the staff report. The following items were
emphasized:
the submission was not complete enough for
consideration as a final plat but that action
could be taken on it as a preliminary plat.
The Vice Chairman asked if the applicant was present
and if he had anything to state.
Larry Schneider, representing, Currie, Schneider &
Associates, stated that he was under the assumption
that this request was for a final plat and not as a
preliminary plat.
Mr. Kovacs explained that the submission is inadequate
for a final plat and that the Board could not act on a
preliminary plat.
It was determined that matters pertaining to Germantown
Road construction and bonding is to be accepted by the
City Engineer prior to this request being forwarded to
the City Commission.
P & Z Board Minutes
July 18, 1988
Page 17
The Vice Chairman asked if any Board Member had
comments or questions. There being none, the Vice
Chairman turned to the Board for action.
It was then moved by Sumrall with a second by Soloway
and carried 6-0 (Currie absent) to approve the Linton
Center Replat submission as a preliminary plat and
certified it as a final plat, subject to the following
conditions:
1. That a determination be made by the City Engineer
as to the adequacy of right-of-way for the
Germantown Road extension to accommodate the turn
lanes required for northbound traffic; and a
determination that Tract "S" accommodates the
ultimate right-of-way dedications necessary for
Linton.
•
2. That the "reservation" language be deemed
acceptable by the City Engineer.
3 . That construction plans for the ultimate
improvement of the Germantown Road extension be
provided with the final plat submission along with
I� any phasing program and the method of providing
the financial guarantee. Said improvements and
phasing being subject to approval of the City
Engineer.
4. That financial guarantees and commitments as to
timing of installation be provided for the turn
lanes on Linton and for the traffic signal as part
of the final plat submission.
5. That the contributions to the office impact fee
and Linton Boulevard Beautification fee be made
concurrent with submission of the final plat.
6. That a formal letter designating the
"Engineer-of-Record" be provided to the City
Engineer.
7. That the plat be revised to show the dimensions of
Tract "S" .
8. That the limited access line along the boundaries
of Tract 2 be clarified, as in some cases access
is shown over it; and in any case, the limited
access restriction must extend a minimum of 125
feet south of Linton along S.W. 10th Street.
P & Z Board Minutes
July 18, 1988
Page 18
9. Lindell, as it abuts Tract 2, shall be shown as
the existing right-of-way, which it is.
10. All sidewalk dimensions are to be consistent at
five foot in width.
Mr. Currie stepped back up to the Board.
G. Consideration of the Site and Development Plan for the
Proposed Residential Development at the Sherwood Golf
Course, including Abandonment of Forest Road (continued
item)
Mr. Kovacs introduced the item to the Board through a review
of the staff report. The following items were emphasized:
- that the level of service on Atlantic Avenue upon
completion of this project would be "D" and at the
junction of Forest with Atlantic it would be "D" and
"E" for turning movements. Obtaining a level of
service at this level requires mitigation and such
measures have been identified in proposed conditions of
approval;
- the staff report addresses to sets of standards for
evaluation of this project; one the standard site and
development standards and the other, the PRD-L
standards. The Board must make judgements as to what
degree the PRD-L standards are to apply.
The Chair asked if the applicant was present and if he had
anything to state.
Mike Botos, Attorney, representing the property owner made a
presentation in which he set forth the following: agreed 3
issues:
- stated that the requirement of 15% of open space
was met by the golf course as was determined by
the City Attorney.
- Barwick Road - amend application to include the
frontage parcel and agreed to install. .or develop
the frontage parcel. . .
Mr. Botos reviewed the following problem conditions with
Board:
- clubhouse (room provided for Homeowner' s meeting)
- (#3) sidewalks only on one side , per approval of
the City Engineer.
P & Z Board Minutes
July 18, 1988
Page 19
- #6(c) - east property line wall - provide hedge
- consensus to delete condition C
- #16 delete the word "sewer" and "or prior to"
- #22 lift station
- #23 delete the , second line.
The Chairman allowed the following individuals to address
the Board.
Ms. Helen Coopersmith, inquired as to the calculations
of the traffic study.
Michael Gilfand (Gilford) , member of The Hamlet
Homeowner' s Association, addressed the Board stating
the Association' s opposition to this project and that
there is a need to integrate the entire project. He
expressed concern of buffering, the adjacent uses
ability to use access and the traffic flow. He added
that the The Hamlet Subdivision had paid $30,000 for
a traffic study. Mr. Gil expressed the need for
the petitioner to meet with the attorneys representing
the Hamlet Homeowner' s Association.
Mr. Shelly ? , President of the The Hamlet
Homeowner' s Association, addressed the Board in
opposition. He was concerned as to the type of
clubhouse and emphasized that the site plan is not
adequate.
The Chairman then asked if any Board member had
comments or questions.
Mr. Currie commented that the submittal is not adequate
and that it omitted details.
Mr. Soloway was concerned as to how is golf course
would be integrated into site plan.
Mr. Andrews commented about the golf course fees
Mr. Kovacs informed the Board that the Planning
Department has a more detailed plan that addresses some
of these issues.
Ms. Sumrall stated the need for the Board to review
plans as quickly as possible.
P & Z Board Minutes
July 18, 1988
Page 20
It was the consensus of Board to continue this request
to its workshop meeting on July 22nd so that the
following items would be addressed:
Perimeter landscaping; south property buffering,
clubhouse, elevations/height; fee interest of the
canal; and, confirmation of Engineering' s widening
system.
It was then moved by Sumrall with a second by Soloway
and carried 6-0 (Soloway absent) to recommend approval
of the abandonment and to continue review of the site
and development plan to the Planning and Zoning Board
Workshop Meeting on July 22nd.
delete condition (C)
( 16) changed to read: "The preliminary plat shall show
that water mains will be extended along the
Atlantic Avenue frontage concurrent to development
of the frontage parcel" .
( 22) delete: "which includes the many items
referenced in this report"
The Board then returned to Item (C) .
C. Continued Hearing Regarding Proposed Amendment To The
Zoning Code Regarding "Short Term Residential Uses" and
A Proposed Resort/Tourism (RT) Zone District:
After discussion, it was the consensus of the Board to
continue consideration of the proposed amendments to it
Workshop Meeting on July 22nd. The Chairman so
directed.
V. PLANNING AND IMPLEMENTATION ITEMS:
A. Referral from the City Commission Regarding Deletion of
Parking Requirements in the C.B.D. Zone District:
Mr. Kovacs introduced the item to the Board through a
review of the staff report. The following items were
emphasized:
the question before the Board is to determine how
to proceed in addressing the overall issue.
The Chairman appointed Mr. Andrews, Mr.Shuler and Ms.
Plume to work with staff in developing a proposal to
address the City Commission directive regarding on-site
parking requirements in the Central Business District.
P & Z Board Minutes
• July 18, 1988
Page 21
VI. REPORTS AND COMMENTS:
A. Board Members:
There were no reports nor comments by the Board
Members.
B. Staff:
Mr. Kovacs distributed and commented upon the agenda
for the regular work session scheduled for this coming
Friday morning.
VII. ADJOURNMENT
It was directed by the Chairman to adjourn the meeting
at 11: 40 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the minutes of the meeting
of said body for July 18, 1988, which were formally adopted and
approved by the Board on
Celeste McDonough
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes.
They will become so after review and approval, which may involve
some changes.
MINUTES OF THE PLANNING AND ZONING BOARD 4#4
CITY OF DELRAY BEACH, FLORIDA tr
•
PUBLIC HEARING/REGULAR MEETING
MEETING DATE: AUGUST 15, 1988
LOCATION: CITY COMMISSION CHAMBERS
100 N. W. 1st AVENUE, DELRAY BEACH, FLORIDA
I . CALL TO ORDER:
The meeting was called to order by Chairman Currie at 7 : 05 P.M.
Upon roll call it was determined that a quorum was present.
Members Present: Chairman Currie
Bill Andrews Lamar Shuler
Jack Kellerman Sid Soloway
Phyllis Plume Kathi Sumrall
Members Absent: NONE
Staff Present:
David J. Kovacs, Planning Director
Gerry Church, City Engineer
Paul Dorling, Planner II
Jeff Costello, Planning Technician II
Celeste McDonough, Planning Secretary
II . The Approval of Minutes was deferred to the Planning and Zoning
Board Special Meeting to be held on Monday, August 22, 1988
III . PUBLIC HEARINGS:
A. Atlantic Car Wash, Consideration of a Conditional Use
Request and Attendant Site Plan:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report.
Mr. Carl Monte, Applicant, felt that the wall would act as
security and protection for the site from any vandalism.
He informed the Board that he had made a substantial
investment and felt that the project would be conducive to
that area.
P & Z Board Minutes
August 15, 1988
Page 2
There were no questions and the Chairman declared the
Public Hearing open. The following individuals addressed
the Board:
Mr. Don Langford, 1400 N.W. 14th Avenue, inquired as to
the exact location of the proposed car wash.
Mr. Bruce Harrell, 2455 Lindell Boulevard, informed the
Board that he is the owner of the property and that the
parcel has been vacant for many years. He felt that a car
wash would help upgrade the area.
There being no one else to speak the Chairman then
declared the public hearing closed and turned to the Board
for comment and action.
Ms. Plume asked the Planning Director if any input was
received from the Community Redevelopment Agency.
Mr. Kovacs responded that the CRA had looked at the
proposed use and felt that the use is not appropriate for
the future development intended for Atlantic Avenue.
A motion was made by Ms. Sumrall, seconded by Ms. Plume
and passed by a 7-0 vote to recommend denial based on
failure to make positive findings with respect to Stands
#1, 2, 3 , 4 and 10 of the "Standards for Evaluating Site
and Development Plan Applications" Section 173 . 867) and
Standards #1, 2, 3 and 5 of "Standards for Evaluating
Conditional Uses" (Section 173 . 848) .
B. Byrd Annexation, Consideration of Annexation of Property
East of Lake Ida Road with Initial Zoning of R-1AA:
Ms. Sumrall expressed a possible conflict with this
project and stepped down from the Board.
Mr. Kovacs introduced the item to the Board through a
review of the staff report.
Two extremes. . . .not conditions of approval, just for staff
to look at when subdivision comes forward . . . .
There were no questions and the Chairman then declared the
Public Hearing open. The following individuals addressed
the Board:
P & Z Board Minutes
August 15, 1988
Page 3
Mr. Cliff Hertz, representing Transeastern Properties of
South Florida, addressed the Board emphasizing the following
concerns:
as the contract purchaser for the property felt that
the adjoining county park to the south is not
favorable and that a traffic connection onto 4th
Avenue only would be preferred
- not amiable to the 15 foot right-of-way dedication on
12th and 13th
- the 50 ' extension of Lake Drive is not acceptable
- not amiable to the obligation to upgrade water and
sewer mains in the area
There being no further questions the Chairman declared the
Public Hearing open. The following individuals addressed
the Board:
Mr. Don File, 114 N.W. 12th Street, informed the Board
that the plats to the south appear to be R-1AAA zoning and
expressed the following concerns: felt that a walled
environment would be totally out of character with the
rest of the area; that it would not be consistent with
the City' s beautification efforts; and, requested that
the Board consider reducing the density and that the
proposal should be further reviewed at a workshop meeting.
Mr. Kovacs responded that the zoning map reflects R-1AA
but many parcels are R-1AAA.
Ms. Barbara Gellner, 102 N.W. 12th Street, requested that
the proposal be postponed and further workshoped.
Mr. Don Nieger , 1400 N.W. 4th Avenue, expressed
concern of traffic on Grove Way and felt it was very
dangerous because it a a winding street.
Mr. Mike Leknowski . ,300 Grove Way, expressed
concern of increased traffic.
Ms. Angie Anderson, favored R-1AAA zoning and asked for a
postponement.
There being on one else to be heard the Chair closed the
Public Hearing and turned to the Board for comment and
action.
P & Z Board Minutes
August 15, 1988
Page 4
After lengthy discussion, the Board expressed the
following concerns:
- cul de sac
- proposal is out of character
It was then moved by Mr. Soloway with a second by Ms.
Plume to approve the annexation subject to R-1AA
designation and subject upon positive findings with regard
to the following:
1. That the annexation of this part of Enclave 13 will
not create an enclave( s) .
2. That service will be provided to this property in a
manner similar to that for similarly situated
properties which are already in the City.
3 . That the proposed zoning of R-1AA is consistent with
the adjacent zoning and complies (does not conflict)
with all of the seventeen standards for evaluating
rezoning requests as found in Section 173 . 888 .
4. The proposed zoning is consistent (does not conflict)
with the existing County zoning of RS.
5. The proposed zoning is consistent (does not conflict)
with the City' s Land Use Plan designation of SF
(Single Family) for the property.
Prior to making a recommendation, the Board should seek and
obtain from the applicant acknowledgement of the following:
Obligation to provide water and sewer main extensions to
the western portion of the site and to upgrade existing
service along N.W. 13th Street.
Acknowledgement of the obligation to provide additional
right-of-way including:
- 15 feet for both N.W. 13th Street and N.W. 12th
Street
- 10 feet along N.W. 4th Avenue for a right-of-way
total of 50 feet
- A potention of a 50 foot extension of Lake Drive,
following the present alignment of Lake Drive (North)
south through the property to N.W. 12th Street.
P & Z Board Minutes
August 15, 1988
Page 5
C. Land Use Map Amendment 1988-2, Change in Designation from
"P" to "MP-15" for City Owned Property at Miramar and
Venetian:
Mr. Kovacs stated that this item had appeared before the
Board on several occasions since the rezoning from RM-10
to Community Facilities and that there is no need to
provide additional information for the City Commission.
There were no questions and the Chairman declared the
Public Hearing open. There being no one to be heard, the
hearing was closed and the Chairman turned to the Board
for action.
It was then moved by Mr. Soloway with a second by Ms.
Plume and carried 6-0 (Sumrall abstaining) to recommend
that the Land Use Map be changed from P to MF-15 for this
municipally owned parcel.
IV. LAND USE REQUESTS
A. Consideration of a Site Plan for Albertson' s at Delray
Town Center (Linton Boulevard at Military Trail) :
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following items were
emphasized:
Mr. Doug Feurring, Schmeir and Feurring Properties,
Applicant, pointed out that the proposal exceeds code in
all of the important areas such as building setbacks,
parking requirements, fire, building design, landscaping
and sign codes. He pointed out that the firm has
developed several projects in Boca Raton. Mr. Feurring
pointed out that 80 to 90 percent of the development will
be leased by national tenants prior to completion; that
their market studies showed the area could support 1. 9
million of competitive retail space; there is
approximately $200,000 of impact fee obligation; have
assured that activities are pointed away from the Duncan
Center; and, based upon 1986 traffic counts from Palm
Beach County Traffic Performance Standards showed the area
as Level of Service "A" .
P & Z Board Minutes
August 15 , 1988
Page 6
Mr. Andrews inquired as to the number of total trips
referenced in the traffic count.
Mr. Feurring responded that along with the approved site
plan, this project would account for an additional 317
trips per day.
The Planning Director explained that the submitted traffic
study reported that on a 24 hour basis the Level of
Service is "A" . In 1990 (or when this project comes on
line) the Level of Service on Linton Boulevard would be
"C" and the Level of Service on Military Trail would be
"D" . Mr. Kovacs pointed out that these figures are
consistent with the Comprehensive Plan calculations which
figure a Level of Service for Military Trail at Level of
service "F" for the year 2000 and built-out at six lanes.
However, a critical time would be in the years 1995 to
1998 when the Knight Center project will come on line
which will result in the intersection "falling apart"
regardless of other developments.
There were many residents present representing "Save Our
Neighborhood" which consist of the following
subdivisions: Sherwood Park, Lakeview Homeowners
Association, Shadywoods, Progressive Citizens of Delray
Beach.
Although this petition is not a public hearing, the
Chairman allowed the following individuals to address the
Board:
Mr. Hugh Clinton, 3842 Arelia Drive North, Shadywoods
Subdivision, expressed concern of over commerialization.
Mr. John Adams, 4122 Palm Court Drive North, Shadywoods
Subdivision, addressed the Board relative to the following
concerns:
- opposed project stating there are already five
grocery stores within a ten minute drive.
- concern of increased traffic
- felt that there is a conflict of commercial within
the area
- felt that the northeast corner should also be
residential
P & Z Board Minutes
August 15, 1988
Page 7
- Linton/Military is the last major intersection in
the City and does not want another Atlantic/Military
Trail intersection
- residents in the area realized that the land would
not be vacant forever. At the time of the rezoning
the developer had originally informed the residents
that the development would include low-key boutique
type shops in a garden type plaza. There was nothing
mentioned about a grocery store
Mr. Norman Ross, Executive Director of Duncan Center,
addressed the Board of the following concerns:
- developer had promised that he would build a 85, 000
low impact project that would be a positive image for
the City and that their plans and promises had been
disregarded and set aside. Instead, the proposal is
for a 24 hour food and general purchase store which
utilizes every square footage of retail space;
anti-crime lightings; and, a huge parking lot with
two outparcels;
requested a 50 ' buffered zone for protection ( the
same which has been provided for an office complex on
the golf course immediately to the east) ;
- requested a 6 ' CBS wall to be built on the south side
of the buffered zone;
- requested that the City insist on the previously
requested and approved 85,000 sq. ft. site plan;
requested that the hours of operation and service be
limited from 7 : 00 A.M. to 9 :00 P.M; and,
- that the project complies thoroughly with all City
codes.
Mr. George Anderson, 3565 Lakeview Drive, President of
Lakeview Civic Association, was concerned of the adverse
affect on the market value on the homeowners; increased
traffic would be intolerable; preferred the original site
plan; and, requested that the Board considered rejection
of the proposal.
Mr. Irving Brand, President of Las Verdes Property Owners
Association, informed the Board that there are 1, 150
property owners in Las Verdes. He agreed with the
previous speakers and facts and was also concerned of
hazardous traffic conditions and of the market values.
P & Z Board Minutes
August 15, 1988
Page 8
Ms. Helen Coopersmith, representing Progressive Residents of
Delray, read a statement in the Land Use Policy Guide
referencing of a "compelling public need"
Mr. Feurring stated that he was fully aware that this project
is a very sensitive issue and emphasized that his firm was not
involved in the original site plan. In response to a question
by the Chairman relative to the sale of liquor, Mr. Feurring
pointed out that the City will have to make a determination of
the limitation of hours relative to the sale of liquor and that
this issue will have to addressed by a representative of the
Albertson' s store.
There being no one else to be heard the Chair closed the public
hearing and turned to the Board for comment and action.
Ms. Sumrall: Pointed out to the audience that the residents
should have opposed the rezoning in 1986. She had voted in
opposition to the original site plan because she felt that the
proposal was too intense for the site and was adamantly opposed
to outparcels. She felt that this proposal was too intense for
LC and not sensitive to the surrounding neighbors and totally
opposed to the proposal.
Mr. Kellerman: Stated that he too had opposed the original
site plan and was still opposed.
Mr. Shuler: Expressed concern of the drainage on site and
opposed the project.
Mr. Soloway: Pointed out that he had visited an Albertson' s
store in another city at 1: 00 A.M. and that the store was
almost empty. He asked the Planning Director how to measure the
impact for 140,000 sq.ft. in the LC District.
Mr. Kovacs responded
Ms. Plume: Agreed with Ms. Sumrall' s statements and felt that
the 50 ft. buffer to the Shadywoods Subdivision should be
extended. She was very concerned of the drainage on site and
that the general layout of the plan is poor and not harmonious
nor compatible to the surrounding area. She pointed that the
Planning and Zoning Board has gone on record that it opposed
this project and will vote to deny.
P & Z Board Minutes
August 15 , 1988
Page 9
Mr. Andrews: Felt that the site plan does not address the
Duncan Center property and that a visible barrier is necessary
and that the proposal is inappropriate for the site.
It was moved by Ms. Plume and seconded by Ms. Sumrall to
recommend denial based upon an inability to make proper
findings with five of the ten standards of Code Section
173 . 867 . These standards and a summary of Board reasoning are:
(B) Intensity of Use: The Board felt that the 16,315 sq.ft.
increase in floor was substantial in that the upward
limits of the Limited Commercial zone district were
already reached with the existing site plan. They also
felt that the change in use (from boutique to supermarket)
presented an unacceptable increase in intensity of use
which is not in keeping with the "purpose" statement of
the LC Zone District.
(D) Loading: The Board felt that accommodating a part of the
circulation system for semi-trucks on adjacent property
was inappropriate and further attested to the
overdeveloped nature of the project.
(E) Screens and Buffers: The Board felt that the fifty foot
( 50 ' ) buffer which exists on the POC property to the east
should be continued along the north boundary of the LC
property in order to provide appropriate buffering.
(F) Drainage: The Board felt it inappropriate that drainage
is retained off-site and the situation further attests to
the overdeveloped nature of the project.
(J) Overall Assessment: The Board felt that the overall
project was not harmonious with nearby properties, as
attested to by the public testimony, and felt that its
construction would lead to a lowering of property values
of existing residences.
In addition to the assessment of the project, the Board was
also presented with a staff request to comment upon the
appropriateness of a special "impact fee" for road
improvements, which is above and beyond the standard County
Road Impact Feel. This item is fully addressed on pages 8 and
9 of the Staff Report. It is the consensus position of the
City Engineer and Director of Planning and Zoning that the
special fee is not necessary. The Board deferred to the City
Commission regarding the appropriateness of continuing with the
imposition of the special impact fee.
P & Z Board Minutes
August 15 , 1988
Page 10
B. Consideration of the Site and Development Plan for the
Proposed Sherwood Forest Development ( Continued Item) :
Mr. Kovacs introduced the item to the Board through a
review of the staff report. He stated that this item has
been before the Board at workshop meetings and the only
continuing disagreement is condition ( 14) .
Mr. Kovacs passed out a section of the code relative to
the waiver of sidewalks to the members of the Board. He
explained that normally sidewalks are required on both
sides of a street but that a sidewalk can be waived under
unique situations if pedestrian traffic can be
accommodated safely and conveniently.
Mr. Gerry Church, City Engineer, reinforced the Planning
Director' s position on the sidewalk waiver. He explained
that the City' s minimum right-of-way is 50 feet to
accommodate traffic and then explained the technicial
reasons.
Mr. Marvin Sanders, Agent, summarized revisions made since
the last Planning and Zoning Board Workshop Meeting and
stated that there were no objections to conditions ( 1)
thru ( 9) .
Mr. Michael Gilfand, Attorney representing The Hamlet
Homeowners Association, informed the Board that the Hamlet
residents have met with the developer and have agreed on
several issues; however, he requested the following:
- need for a six foot wall on the southern boundary of
the property. He pointed out that a 4 ft. wall does
not give any protection and requested that if the
Board of Adjustment does not grant the sidewalk
waiver, the wall issue should be returned to the
Planning and Zoning Board.
It was moved by Plume, seconded by Sumrall and passed by a
vote of 7-0 to recommend approval of the conditional use,
site and development plan subject to conditions as
outlined in the Staff Report with several amendments.
The Chairman requested that the motion be amended to
reflect the requests of The Hamlet Homeowners Association.
P & Z Board Minutes
August 15 , 1988
Page 11
The motion was then amended by Plume, seconded by Sumrall
and carried 7-0 to recommend approval of the conditional
use of a golf course, club house, and driving range; the
granting of an abandonment of Forest Road; approval of the
site and development plan for the residential and golf
course development subject to conditions as listed in the
Staff Report and subject to the following conditions:
A. That the residential is sufficiently integrated with
the golf course development that sufficient open
space is provided and the design standards of the
PRD-L zone district do not apply; and
B. That the proposed residential development and golf
course development comply with the standards for
conditional use and site plan development based upon
analysis of the site plan revised as of August 11,
1988, and the contents of the staff reports prepared
for the Planning and Zoning Board meetings of July 18,
1988, and August 15, 1988 , and subject to the
conditions contained the recommended action of
approval; and,
C. That a requirement of 3 . 5 parking spaces per hole is
hereby established for an Executive Golf Course; and,
D. That the proposed buffer wall along the south
property line provides an appropriate and desirable
separation between the proposed development and
existing development and the Planning and Zoning
Board recommends that the Board of Adjustment grant
an approval for the height of said wall; and,
E. There is no further public purpose for the
right-of-way known as Forest Road provided that
sufficient replacement easements for utilities are
provided.
F. That sidewalks be required only on one side of the
street system and that a reduction of right-of-way to
forty feet ( 40 ' ) be granted.
The Planning and Zoning Board recommends approval of the
conditional use of a golf course, club house, and driving range
and the granting of an abandonment of Forest Road and approval
of the site and development plan for the residential and golf
course development subject to the following conditions:
1. That the CC&R( s) provide that boat and recreational
vehicles not be parked in driveways, front yards, or
on the private streets;
P & Z Board Minutes
August 15, 1988
Page 12
2. That documentation is provided, current with the
preliminary plat submission, showing that the
dedication for Forest Road came totally from the
property which comprises the Sherwood Golf Course and
is to revert to that property.
3. That C.A.B. approval be gained for the final
landscaping plans prior to action on the preliminary
plat by the Planning and Zoning Board and that said
plans include:
a) landscaping for the club house parking lot;
b) the tennis court, playground, and tot lot area
and include the equipment which is to be
provided in the tot lot and playground;
c) all perimeter landscaping;
d) landscape area at the sewer lift station;
e) street tree planting program;
f) typical lot plantings;
g) irrigation system including location of
irrigation wells; and,
h) the club house complex elevations.
4. That a traffic study for the new intersection of
Barwick and Atlantic be provided concurrent with the
preliminary plat submission and it address
improvements needed at the intersection and
signalization. Further, that the developer is
responsible for providing intersection improvements
as required by the County Engineer and that he is
also responsible for modifications to the existing
signal or its replacement.
5. A utility plan which shows the location of all
utilities (gas, water, sewer, power, telephone, and
cable) and their relationships within the roadway or
other easements shall be provided as a part of . the
preliminary plat submittal.
6. Impact fees for in lieu park requirements and for the
County road impact system shall be collected pursuant
to City policy.
7 . The lift station shall be designed to accommodate
flow from the west and easements shall be provided
for sewer main connections to the west along with
access easements over the road system to the City for
water and sewer maintenance purposes.
8. Dedication for right-of-way along Atlantic Avenue
shall be provide during the platting process.
P & Z Board Minutes
August 15, 1988
Page 13
9. That replacement easements for Forest Road must be
provided to any agency or entity which requests them
as a prerequisite to abandonment of Forest Road.
These shall include an easement to The Hamlet for
access to, and the repair of, their west boundary
wall and landscaping.
10 . The developer shall be responsible for extension of
water and sewer mains, if they have not been
provided, to the site prior to the commencement of
construction. In the event that the mains are
provided, the developer may tap into them only upon
payment of a "Benefitted user" charge as assessed by
the Director of Public Utilities. The developer
shall loop the water main to the existing water main
in Atlantic in the vicinity of Forest.
11. One third of the lots shall contain three bedroom
units (thus attempting to promote the family nature
of the development) .
12. That a sewer assessment which addresses downstream
capacity of the sewer system and lift stations be
provided as a part of the preliminary plat submission
and if deficiencies are found, the developer shall be
responsible for upgrading the system to accommodate
this development.
13 . That platting is required and that a preliminary plat
must be submitted, processed, and approved by the
Planning and Zoning Board prior to any earthwork or
removal of vegetation on or from the site. The
preliminary plat submission, in addition to normal
requirements and items heretofore listed in these
conditions of approval, shall also contain:
a) a letter from L.W.D.D. regarding the status of
permitting; the location and requirements of
right-of-way; and the method in which permission
to use L.W.D.D. fee property will be
accommodated;
b) limits of land to be dedicated for Atlantic
Avenue as determined by the County Engineer;
c) extension of a water main along the Atlantic
Avenue frontage and commitments as to its
installation ( it may be necessary to install
that portion which will rest beneath the new
intersection concurrent with the construction of
the intersection) ;
P & Z Board Minutes
August 15 , 1988
Page 14
d) fire hydrants shall be located at 500 ' intervals
or as approved by the Fire Marshall along the
private road system;
e) the agreement which places the golf course use
in perpetuity;
f) the agreement which provides for homeowner' s
rights in the golf course; and,
g) building location layouts for those lots which
have been identified in the July 18th and August
15th staff reports as having potential setback
or lot line problems.
14. That the south boundary wall shall be at a height of
six feet ( 6 ' ) from the finished grade of the Sherwood
Forest lots. If a variance to allow the wall at this
height is not granted by the Board of Adjustment,
this item of buffering along the south perimeter
shall be revisited by the Planning and Zoning Board.
15 . That if at the time of platting it is determined that
there are conflicts between areas required for
landscaping, utilities, and lot development adequate
provision shall first be made for landscaping and
utility installations.
16. That a single story limitation shall be placed on any
ten lots within the development by the Board of The
Hamlet Homeowners Association.
17 . That a mature tree ( 12 to 15 feet of height at time
of planting) shall be located in the rear yard of
each lot (on the southern perimeter only) .
18. That the conditional use and site plan approvals
shall be valid for a period of eighteen months
following City Commission approval. The site and
development plan shall be vested pursuant to Code
Section 173 . 868. The abandonment of Forest Road
shall be accommodated immediately preceding action on
the final plat.
• P & Z Board Minutes
August 15 , 1988
Page 15
444.
D .,::
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. ''FT,
C. Consideration of a Request for Extension of Site Plan
Approval, Isles of Delray Residential Development Off Lake
Ida Road:
Mr. Kovacs explained the reasoning behind the site plan
extension and recommended that the extension not be
granted because he felt that the petitioner should come
back to the Planning and Zoning Board for review of the
ten standards that are in effect today.
Mr. Roger Saberson, Attorney, explained that when the
project goes forward there will be a positive economic
impact on the area because the canal system is very unique
and requested that the Board permit the project be
grandfathered in to allow the two year extension of the
site plan and conditional use approval.
Mr. Gilbert Goldstein, Developer, informed the Board of
his frustration of trying to receive approval from South
Florida Water Management District and the State to get
environmental approval for dredging work. Mr. Goldstein
requested a two year extension but would still have to go
back to the South Florida Water Management District and
they have since changed their rules since the original
approval.
Ms. Plume pointed out to Mr. Goldstein that traffic has
also changed and that the Board has to review conditions
to the City' s present codes.
Mr. Currie stated that normally the Board is not in favor
of granting extensions; however, he felt sympathetic
because the applicant did not have complete control over
the situation of receiving permits and approvals.
Mr. Herringer, 602 Sunshine Drive, representing the
homeowners in the area, stated that the property has been
a concern to the residents because it presents a lack of
security in the area; considered the parcel an eyesore;
also, the subject several months ago of a low income
housing project. However, he supported the efforts of Mr.
Goldstein and that the development of this project with
housing consistent with the surrounding housing,
especially on the north and east side. He stated that the
residents desired that the City help in the applicant' s
efforts; however, felt that the City and not the
developer should be responsible for upgrading the
entrance.
D , ,,
. ., , Mr. Kovacs asked if the property owners of Lots 1 thru 14
' } helped to maintain the private streets.
P & Z Board Minutes
August 15, 1988
Page 16
Mr. Saberson responded that the streets in the original
plat were dedicated to the Homeowners Association and that
the restrictions cover the entire parcel, including the
fourteen lots.
The Planning Director suggested that the petitioner
start with a new site plan submission that complies with
today' s changes instead of requesting a two year extension
"as is" .
Mr. Saberson responded that "as is" means that the project
is subject to all the eleven conditions as set forth by
the original approval of the project. He pointed out that
one of these conditions was a traffic impact analysis.
Mr. Kovacs again suggested that the petitioner should,
within six months, do an update submission attempting to
comply with today' s codes, prepare a traffic study,
prepare the surveys, complete an application to appear
before the Community Appearance Board, prepare a plat
submission, and the engineering work concurrently and then
go after the South Florida Waste Management permit. He
did not want the same situation repeated two years from
now.
There being no one else to be heard the Chair closed the
public hearing and turned to the Board for comment and
action.
Ms. Sumrall asked Mr. Goldstein why a "For Sale" sign is
on the property.
Mr. Goldstein responded that the sign is for the purpose
of a joint venture.
Ms. Sumrall stated that she had voted against the original
proposal but is sympathetic toward the petitioner' s
endeavors.
It was then moved by Mr. Soloway and seconded by Mr.
Kellerman and carried 7-0 to approve the two year
extension.
Mr. Soloway then amended the motion, seconded by Mr.
Kellerman and carried 7-0 to approve the two ( 2) year
extension provided that within six ( 6 ) months (of the City
Commission action) a traffic study shall be conducted and
provided to the City (and accepted as sufficient for
processing and action) , and the development shall become
responsible for all off-site street improvements which are
deemed appropriate (by the City) ; and, subject to the
ordinance already adopted by the City Commission that
• x ":� r units 87 through 91 inclusive be deleted.
P & Z Board Minutes
August 15, 1988
Page 17
D. Request for Abandonment of Street Sections in the Woods of
Southridge:
This item will be continued to the Planning and Zoning
Board Special Meeting on August 22, 1988 .
E. Consideration of a Site Plan for the Proposed Hidden Lake
Subdivision, off of Homewood Boulevard:
Mr. Currie announced a possible conflict and stepped down
from the Board for this item.
Vice Chairman Plume then assumed the Chair.
Mr. Kovacs explained that the Community Appearance Board
recommended to support a variance to allow the reduction
of the lot width for the lot located immediately south of
the entranceway so as to preserve the boulevard
entranceway but that the Planning staff does not support
the variance. Staff suggests that the unit be made a
duplex with the adjacent property to meet the code
requirements or that there are only two lots of record.
Mr. Marvin Sanders, representing the Agent, explained that
the idea is to maintain the integrity of the whole scheme
of the plan and asked that the Planning and Zoning Board
to support the waiver.
Board Comments:
Mr. Andrews: expressed concern of one unit only 10 feet
from the community pool.
Ms. Sumrall: stated that she would be willing to support
a variance and suggested deleting a unit in exchange for a
tot lot.
Mr. Soloway: suggested to keep that particular unit and
to eliminate the tennis court.
Mr. Nathan Miller, Agent, informed the Board that he would
prefer to eliminate the unit and to keep the tennis court.
The Board then agreed to Mr. Miller' s proposal.
P & Z Board Minutes
August 15, 1988
•
Page 18
It was then moved by Ms. Sumrall, seconded by Mr. Soloway
and passed 6-0 to recommend to the City Commission
approval of the site plan based upon compliance with the
Standards for Evaluating a Site Plan and the PRD-7 Zoning
District regulations subject to the following conditions:
1.
A. Recommend to the City Commission that a waiver
to the requirement for sidewalks on both sides
of the street and attendant reduction to the
right-of-way requirement be granted, thus
allowing sidewalks on one side of the street
with the exception of the entrance road and the
eastern leg of the loop road.
B. Recommend to the Board of Adjustment that a
variance be granted to allow the reduction of
the lot width and setback for the lot located
immediately south of the entrance drive.
2. That the following items be provided as a apart of
the preliminary plat submittal:
- improvement plans for a left turn lane north
approach at the Homewood Boulevard/entrance
intersection.
- off-site easements to allow connections to the
water and sewer facilities within the Lago Del-
Rey subdivision.
- limited access easements coinciding with the
landscape buffer treatment along Homewood
Boulevard and Casa Way.
- provide a note on the plat stating that
"maintenance of the landscaped area between the
property line and the edge of pavement of
Homewood Boulevard is the perpetual
responsibility of the Homeowners Association" .
- provide verification of the size of the existing
lift station and determine its capability to
accommodate this project.
- provision of easements to cover the utilities
located within the private streets.
- identification of the private street system and
common areas as individual tracts.
- the status of permitting by L.W.D.D. and
S.F.W.M.D
• P & Z Board Minutes
August 15 , 1988
Page 19
3 . That Lot 7 be deleted and the area developed as a
part of the recreational complex, including the
provision of additional parking.
4. That at least three building elevations be provided
and reviewed by the Community Appearance Board prior
to consideration of the final plat by the City
Commission.
5 . That additional landscaping be provided for the
individual units with approval by the Community
Appearance Board prior to consideration of the final
plat by the City Commission.
6. That the agent understands that additional green/
buffer area along the southern perimeter of the site
and/or fencing may be required upon further review.
7. That this approval be valid, pursuant to Code Section
173 . 868 for eighteen months.
F. Consideration of the Preliminary/Final Plat for Phase I of
Sabal Lakes Subdivision (Pulte) :
It was moved by Ms. Sumrall, seconded by Ms. Plume, and
passed 7-0 to certify the plat as acceptable as a final
plat subject to the following conditions:
1. Recommend to the City Commission that a waiver be
granted to allow the construction of the model units
prior to the recordation of the plat.
2. That the full cost of extending the 12" water main
from its present point of termination to the eastern
property line near Lone Pine Road be borne by the
developer and that this be reflected in the financial
guarantee provided for this improvement.
3 . That prior to . the execution of the plat, permits
from L.W.D.D. , S.F.W.M.D. , the County Health
Department of Palm Beach and revised plans must be
submitted to address the items identified under the
technical code requirements and engineering plan
sections of this report.
4. That prior to consideration by the City Commission
improvement agreements and financial guarantees for
public improvements must be accepted by the City
Engineer.
P & Z Board Minutes
August 15, 1988
Page 20
G. Consideration of the Final Plat for the Chevron Parcel at
Congress and Atlantic Avenues:
This item is to be continued to the Planning and Zoning
Board Special Meeting to be held on Monday, August 22,
1988 .
H. Consideration of the Final Plat for St. Mary' s The Virgin
Church, Homewood Boulevard and Atlantic Avenue:
This item is to be continued to the Planning and Zoning
Board Special Meeting to be held on Monday, August 22,
1988 .
I . Referral from the City Commission Regarding Zoning of
Enclave 45 (Delray Toyota) :
It was moved by Ms. Plume, seconded by Ms. Sumrall and
passed by a vote of 6-1 (Andrews dissenting) to approve
the findings as recommended in the Staff Report and based
upon a change in circumstances i.e. combining contiguous
properties into a single parcel, to recommend that Enclave
45 be annexed with initial City zoning of Specialized
Commercial.
V. PLANNING AND IMPLEMENTATION ITEMS
A. Consideration of Proposed Zoning Code Amendments Dealing
with "Short-Term Residential Uses" and a Proposed
"Resort/Tourism" (RT) Zone District:
It was the consensus of the Board to continued this item
to the Special Meeting on August 22, 1988 .
B. Referral from the City Commission Regarding Paving of
Front Yard Areas for Parking Purposes:
It was the consensus of the Board to advance the proposed
solution as an interim measure and take the matter under
advisement for a broader range approach at such time as
the entire code is overhauled.
P & Z Board Minutes
August 15, 1988
Page 21
VI. REPORTS AND COMMENTS
A. Board Members
Mr. Andrews suggested N/A dis.re the city
pucrhasing the vacant Winn-Dixie being converted into
city offices and then the city would have money for a
parking garage
B. Staff
The meeting was adjourned at 11: 55 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the minutes of the meeting of
said body for August 15, 1988, which were formally adopted and
approved by the Board on
Celeste McDonough
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes.
They will become so after review and approval, which may involve
some changes.
D , FT
MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH, FLORIDA
17/-41
SPECIAL/MEETING
MEETING DATE: AUGUST 22, 1988
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I . CALL TO ORDER
This SPECIAL MEETING was called to order by Second Vice
Chairman Soloway at 7 : 05 P.M. Upon determining that a quorum
was present, the Chair announced that the purpose of this
special meeting was to consider the annexation of various
enclaves and to address items which were continued from the
Board' s Regular Meeting of August 15, 1988.
Members Present:
Sid Soloway
William Andrews James LaMar Shuler
Jack Kellerman Kathi Sumrall
Members Absent:
Robert Currie
Phyllis Plume
Staff Present:
Stan Weedon, Assistant Director, Enclave Coordinator
David J. Kovacs, Planning Director
Carol Jannotta, Annexation Specialist
Celeste McDonough, Planning Secretary
• P & Z Board Minutes
August 22, 1988
Page 2
II . PUBLIC HEARINGS --- ENCLAVE ANNEXATIONS
A. Enclave 1, Lake Heights Area, Area Generally Between
Seacrest Boulevard and Swinton Avenue and Between N.E.
22nd Street and Gulf stream Boulevard, R-1AA.
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current use
and status of services, and addressed other information as
contained in the Staff Report presented for this enclave
annexation.
There were no questions and the Chair declared the Public
Hearing open. The following individuals addressed the
Board:
Ms. Ingrid Eckler, 2750 Seacrest Boulevard, informed the
Board that she has lived on the property since 1941. She
was concerned of the following issues:
- if all the enclaves have been annexed and for the
expected time frame of these annexations.
- asked if the enclaves were subject to the City' s
bonded indebitness.
- what is meant by "available" water and sewer
services?
Mr. Weedon responded that there are approximately six
enclaves remaining to be annexed out of sixty-five
enclaves. He explained that the time frame is to complete
all of the enclaves by December of this year; however,
there is one area that may not be completed by the end of
this year. In response to the question relative to bond
indebitness, Mr. Weedon stated that the residents are not
responsible for the present bonded indebitness. The term
"available" means that the property is extendable
distance. He explained that in most cases it would be the
City' s responsibility to service the properties but there
are some undeveloped properties, and if and when they are
developed, these extensions will be the responsibility of
the developer.
Mr. David J. Kovacs, Director of Planning and Zoning,
clarified the paying of bonded indebitness by stating that
the current tax levy for the City is 6 mils to pay .off the
encumbered bonds. The cost of the extension for water and
sewer service to unserved areas will be the cost of
extension for the City' s Water Utility Fund and Sewer
Utility Fund. Once water and sewer is made available to
P & Z Board Minutes
August 22, 1988
Page 3
an area, then the cost of connecting to the mains will be
the cost of the property owner. Mr. Kovacs explained that
the cost of the individual property owner will be the cost
of the extension of the service line from the owner' s
house to the mains in front of his lot; and, secondly, for
the connection fees which is approximately $1,200 and is
proposed to be approximately $1,800 next fiscal year.
Mr. Charlie Hill, referred to a letter from the Mayor,
dated April 21, 1986 which stated that the water
connection is not required if the property owner chooses to
hookup to City water. Mr. Hill also was concerned of the
bonded indebitness issue.
There being no one else who wished to speak; the Chair
declared the Public Hearing closed and turned to the Board
for comments and action:
Ms. Sumrall: felt that the City owes a response to these
questions and suggested that perhaps the City Commission
could make some policy decisions. She stated that this is
the first time the Board had been asked about the bonded
indebitness. Ms. Sumrall felt that obligated to vote for
the annexation but felt the City needed to answer
questions from the property owners prior to the Planning
and Zoning Board next public hearing.
Kellerman, Shuler and Soloway agreed with Ms. Sumrall' s
statements.
Andrews: felt that R-1AA was not the proper designation
next to two schools.
It was then moved by Ms. Sumrall, seconded by Mr. Shuler
and carried 5-0 to recommend to the City Commission that
Enclave 1 be annexed to the City of Delray Beach with
initial City zoning of R-1AA based upon the findings as
listed in the Staff Report.
B. Enclave 3, Gulf stream Estates R-1AA, RH and GC:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current use
and status of services, and addressed other information as
contained in the Staff Report presented for this enclave
annexation.
P & Z Board Minutes
August 22 , 1988
Page 4
There were no questions and the Chair declared the Public
Hearing open. The following individuals addressed the
Board:
Mr. Oles Shersty, property owner felt that he was being
discriminated against because a large property owner was
being excluded from the enclave annexation. Mr. Shersty
requested a written response as to the actual cost of
connection of water and sewer services by the City.
Mr. Kovacs explained in order to provide water and sewer
services the City will have to put in major lines and
since this enclave area is one of the last enclaves to be
annexed. It is anticipated water and sewer lines will not
be available for approximately five to six years. In
response to Mr. Shersy' s request Mr. Kovacs stated that he
would be happy to prepare a written response.
Ms. Sumrall asked Mr. Shersty as to what major improvement
he was contemplating.
Mr Shersty responded that he is considering a septic
tank.
Mr. David Eunice, 31 Miller Road, opposed the
annexations.
Mr. Roland Hiltman, McCleary Street, asked if a duplex
would be allowed in the R-1AA district.
Mr. Weedon responded that yes a duplex would be allowed.
There being no one else to be heard the Chair closed the
public hearing and turned to the Board for action.
It was then moved by Sumrall, seconded by Kellerman, and
carried 5-0 to recommend to the City Commission that
Enclave 3 be annexed tot he City of Delray Beach with
initial City zonings of of R-1AA, R-1A-C (Single Family
Dwelling Districts) , MIC (Mixed Industrial Commercial
District) , and RH (Medium High to High Density Dwelling
District) , and direct staff to prepare the noted land use
plan amendment.
P & Z Board Minutes
August 22, 1988
Page 5
The Board consolidated Items ( C) and (D) because both Enclaves are
R-1A.
C. Enclave 22, East of Roosevelt, South of Lake Ida Road,
R-1A:
D. Enclave 23, East of N.W. 10th Avenue, South of Lake Ida
Road, R-1A:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current use
and status of services, and addressed other information as
contained in the Staff Report presented for the enclaves
annexation.
There were no questions and the Chair declared the Public
Hearing open. The following individual addressed the
Board:
Mr. Howie Jones, contractor, asked when Lake Ida Road
would be four laned to Congress Avenue.
The Board responded that the widening is planned in the
County' s Five Year Plan.
There being no one else to be heard the Chair declared the
Public Hearing closed and turned to the Board for comment
or action.
It was then moved by Sumrall, seconded by Kellerman to
recommend to the City Commission that Enclaves 22 and 23
be annexed to the City of Delray Beach with an initial
zoning of R-1A (Single Family Dwelling District) :
Mr. Kovacs stated that the government does a lot of things
i.e, special police task teams coming into this area
(enclave) and cleaning up the crack houses that are within
100 feet of a school and women would be protected from
muggings. He further stated that upsets him to see people
complaining of taxes when the expenditures in the City
have skyrocketed because of conditions in enclaves 22 and
23 i.e. , the City is adding five new Code Enforcement
Officers and thirteen new police officers in the City' s
new budget.
P & Z Board Minutes
August 22, 1988
Page 6
E. Enclave 34, East and West of S.W. 4th Avenue, North of
Linton Boulevard with Mixed Zonings of GC, LI, POC,
R-1-A:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current use
and status of services, and addressed other information as
contained in the Staff Report presented for this enclave
annexation.
The Public Hearing was then declared opened. The
following individuals addressed the Board:
Mr. Tom Jones, owner of property adjacent to Fire
Department, stated that he preferred POC zoning.
Mr. Jack Neible, 517 Industrial Avenue, Boynton Beach,
inquired as to the Planning and Zoning Board' s action
tonight.
Mr. Weedon stated that staff has determined that it would
be best to zone the whole area under one zoning
designation and that zoning should be R-1A. He explained
that anything west of 4th Avenue, except for the existing
Procacci development will be zoned R-1A and that this
designation is considered a temporary "holding" zone.
There being no one else to be heard the Chair closed the
Public Hearing and turned to the Board for comment and
action.
Mr. Kovacs suggested RM-10 or RH designations, as offices
are a conditional use and this would not be considered
downgrading their property. These designations would
allow professional offices.
It was then moved by by Sumrall, seconded by Kellerman and
carried 5-0 to recommend to the City Commission that
Enclave 34 be annexed to the City of Delray Beach with an
initial zoning of R-1A (Single Family Dwelling District) ,
LI (Light Industrial District) , GC (General Commercial
District) and with the following amendment: that
Folio Number 80150 be annexed with an RM Land Use
Designation and initial zoning of
RM-10 .
F. Enclave 53 , Dixie Highway, South of Lindell GC/SC:
Mr. Weedon informed the Board that this Enclave 53 (Lehman
Auto Mall) has been voluntarily annexed into the City.
P & Z Board Minutes
August 22, 1988
Page 7
G. Enclave 65, Six Acres Northwest of Atlantic and Homewood
Intersection, ART and ML:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current use
and status of services and addressed other information as
contained in the Staff Report presented for this enclave
annexation.
There being no one who wished to speak the Public Hearing
was declared closed and the Chair turned to the Board for
comment or action.
It was then moved by Sumrall, second by Kellerman and
carried 5-0 to recommend to the City Commission that
Enclave 65 be annexed to the City of Delray Beach with an
initial zoning of ART (Agricultural Residential
Transitional) .
H. Enclave 68 , 9 Acre Area, South of Germantown Road, East
of Faircrest Heights, ART:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current use
and status of services, and addressed other information as
contained in the Staff Report presented for this enclave
annexation.
There were no questions and the Chair declared the Public
Hearing opened. The following individuals addressed the
Board:
Mr. Harry Gropp, expressed concern of losing exotic trees
in order to prepare a ditch for the connection for sewer
services.
Mr. Dan Meyers, 402 Germantown Road, owner of 2.4 acres
was concerned of continuing a nursery business.
The Board asked Mr. Meyers if he would be receptive in
cooperating with the City to help resolve the drainage
problem. Mr. Meyers responded he would be happy to
cooperate.
Mr. Norm Golberg, 2410 Rabbit Hollow Circle, informed the
Board that the street is too narrow to even paint a
centerline and expressed concern of heavy trucks . . .asked
the Board for a transitional zoning (the Chair explained
that ART is transitional zoning) .
P & Z Board Minutes
August 22, 1988
Page 8
Mr. Meyers referred to the problem of a mudhole and that
the drainage problem needed to be resolved. He stated
that he has operated the nursery since 1972 and agreed
that the road is dangerous.
Ms. Rae Dimotto, Rabbit Hallow Circle, expressed concern
of the safety of the children who ride the school bus in
the area of Germantown Road and Rabbit Hallow Drive. She
informed the Board that there ae approximately 35 to 40
cars parked on the easement and that it was a very
dangerous situation. She objected to twenty trucks parked
along the road every day and was adamantly opposed to
agricultural use in the area.
Mr. Kovacs stated that the City will need to upgrade the
street and suggested privatorization of Germantown Road
because the City needed to face the responsibility of
Germantown Road as a collector street.
_ , Mr. Robert Pool, 16255 -Jre-. 9�. South, stated that he
was not opposed to the annexation and welcomed Fire and
Police protection.
HELP Ms. Sumrall felt that "spot zoning" .
No one else wished to speak; therefore the Chair declared
the Public Hearing closed and turned to the Board for
comment and action.
It was moved by Sumrall, second by Kellerman and carried
5-0 to recommend to the City Commission that Enclave 68 be
annexed to the City of Delray Beach with initial City
zoning of R-1AA based upon the findings as listed in the
Staff Report.
I . Enclave 69, Woodvue Subdivision and Adjacent Nursery
South of Germantown Road at Homewood, Extended:
Stan Weedon, Enclave Annexation Coordinator, identified
the location of the enclave, highlighted the current use
and status of services and addressed other information as
contained in the Staff Report presented for this enclave
annexation.
There were no questions and no one wished to speak when
the Public Hearing was declared open. The Chair closed
the Public Hearing and turned to the Board for action.
P & Z Board Minutes
August 22 , 1988
Page 9
It was moved by Sumrall, seconded by Kellerman and carried
5-0 to recommend tot he City Commission that Enclave 69 be
annexed to the City of Delray Beach with initial City
zoning of R-1AA based upon the findings as listed in the
Staff Report.
II . ITEMS CARRIED OVER FROM THE REGULAR MEETING OF AUGUST 15,
1988.
II . The Approval of the Minutes of July 18 and July 25, 1988
were deferred to the Planning and Zoning Board Public
Hearing/Regular Meeting of September 19th.
IV.D Request for Abandonment of Street Sections in Woods
of Southridge:
Mr. Kovacs informed the Board that this petition will
be continued to the September 19th Regular Meeting
IV.G Consideration of the Final Plat for the Chevron
Atlantic at Congress:
After reconsideration, a motion was made by Kellerman
and seconded by Sumrall and carried 5-0 to certify
the final plat as ready for execution.
IV.H Consideration of the Final Plat for St Mary' s The
Virgin Church, Homewood Boulevard and Atlantic
Avenue:
It was moved by Sumrall, seconded by Kellerman -and
carried 5-0 to certify the final plat as ready for
execution.
The Planning Director informed the Board that expiration terms of
Mr. Andrews and Mr. Shuler are due on September 28, 1988 and asked
if they would like to be considered for reappointment. Mr. Andrews
and Mr. Shuler responded that they both would like to be considered
for reappointment. It was the consensus of the Board to endorse
the continuing appointments to the Planning and Zoning Board.
P & Z Board Minutes
August 22, 1988
Page 10
III. The Chair declared the meeting adjourned at 9 : 35 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the minutes of the meeting of
said body for August 22, 1988, which were formally adopted and
approved by the Board on
Celeste McDonough
•
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes.
They will become so after review and approval, which may involve
some changes.
MINUTES OF THE PLANNING AND ZONING BOARD
CCITY OF DELRAY BEACH, FLORIDA
MEETING DATE: SEPTEMBER 19, 1988
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I. CALL TO ORDER:
The meeting was called to order by Chairman Currie at 7:10 P.M.
with all members present.
Members Present: Chairman Currie, Andrews, Kellerman,
Plume, Shuler, Soloway, Sumrall
Members Absent: None
Staff Present: David Kovacs, Paul Dorling, Jeff Costello,
Celeste McDonough
II. APPROVAL OF MINUTES:
The approval of the Minutes of the meetings of August 5, 24,
and 28, 1987 , September 21, October 19, 1987, July 18, July 25,
1988, August 15 and August 22, 1988 will be deferred to the
Planning and Zoning Board Special Meeting on September 26,
1988.
III. PUBLIC HEARINGS:
A. Consideration of a Rezoning from R-1-A and RM-10 for
Publicly Owned Lands in the Vicinity of Miller Field to
the Community Facilities (CF) Zone District:
Mr. Paul Dorling, Planner, introduced the item to the
Board through a review of the staff report.
Mr. Joe Weldon, Director of Parks and Recreation,
then addressed the Board.
Page 2
There were no questions and the Chairman then declared the
Public Hearing open. The following individuals addressed
the Board:
Mr. Joseph Bacon, 3648 S.W. 24th Avenue, requested that
the Board consider approval of the proposed rezoning.
Mr. Bob Miller„ expressed his approval of the rezoning.
There being no one else to be heard the Chairman closed
the Public Hearing and turned to the Board for comment and
action.
It was then moved by Ms. Plume with a second by Mr.
Soloway and carried 7-0 to recommend to the City
Commission approval of the rezoning from R-1A and MF-10 to
CF Community Facilities and that S.W. 4th Avenue not be
accommodated on the site plan for the south ten acres and
that funding for extension of S.W. 4th Avenue to Dotteral
Road be deleted from any Capital Improvement Program.
B. Consideration of a Conditional Use for the Tietzman
Child Care Located off Germantown Road:
Mr. Paul Dorling, Planner, introduced the item to the
Board through a review of the staff report. He informed
the Board that the site plan submission which normally
accompanies a conditional use request was not adequate for
final action and a formal traffic study was not initially
provided. The applicant requested a postponement due to
the site plan issue. However, the conditional use is
before the Board and that the public hearing has been
advertised.
There were no questions and the Chairman declared the
Public Hearing open. The following individuals addressed
the Board:
Mr. Bob Stump, resident of Crosswinds, stated his
opposition to the proposal.
Mr. Sol Teitzman, applicant, then addressed the Board.
Dr. William Strickler, resident of Crosswinds, expressed
concern of a hazardous condition for school buses in the
area. He stated that a centerline could not even be
painted on the road because the road is too narrow. He
explained that the bridge was torn down and replaced with
two lanes that narrows down to one lane thus creating a
dangerous situation.
P & Z Board Minutes
• September 19, 1988
Page 3
Mr. Reginal Harris, Agent, also addressed the Board.
Ms. Diane Laverna, felt that the proposed child care
center should be located elsewhere and that a luxury home
development would not have the need for a child care
facility.
Mr. Currie explained that the proposal is not for rezoning
but only for conditional use.
The Chairman read a letter from Mr. and Mrs. L. Manupelli,
dated September 15, 1988 into the record. The Manupelli' s
are the owners of lot #11, Woodvue Subdivision, and
opposed the proposed day care center.
There being no one else to be heard, the Chairman declared
the Public Hearing declared closed and turned to the Board
for comment and action.
Ms. Plume expressed concern as to the number of children
( 156) and that the conditional use is only for the front
of the property and not the back half. She felt that the
proposal is too intense an activity for a county road.
Mr. Kovacs, Planning Director, stated that the project has
not been reviewed by the Community Appearance Board and
will have to return to the Planning and Zoning Board.
Ms. Sumrall expressed concern of the opened areas around
the back of the property and agreed with comments made by
Ms. Plume. She questioned the Board' s authority to give
site plan approval for the front half and landlock the
back part. Ms. Sumrall' s greatest concern is of the
traffic impact and was apprehensive because the staff
report was prepared before a traffic study was submitted.
She wanted to preserve Germantown Road because of it' s
"country-like setting" would be ideal for children. She
felt that this site is too intense for this particular use
and did not wish improvements to Germantown Road.
P & Z Board Minutes
September 19, 1988
Page 4
It was moved by Mr. Andrews, seconded by Ms. Plume and
carried 6-1 (Mr. Currie dissenting) to recommend to the
City Commission that the request be denied based upon the
proposed intensity of use and the incompatibility of the
proposed development (as reflected in the submitted site
plan) with the general area.
Mr. Kovacs stated that the applicant will have to provide
access to S.W. 4th Avenue.
Chairman Currie felt that there is insufficient
information at this time and that the applicant needed to
provide answers to several issues.
C. Consideration of a Conditional Use and Attendant Site Plan
for the Proposed Exxon Station Located at Linton Boulevard
and S.W. 4th Avenue:
Mr. Kovacs introduced the item 'to the Board through a
review of the staff report. The following items were
emphasized:
- that this proposal and the next two petitions on
agenda are related
- upon receiving revised plans changes on site plan can
be accomplished administratively
There were no questions and the Chairman declared the
Public Hearing open. The following individuals addressed
the Board:
Mr. Kiernan Kilday, representing Mr. Dan Burns, owner of
the property, informed the Board that his client owns the
whole parcel but is selling off part of the property to
Kentucky Fried Chicken. Mr. Burns will then hold the
balance of the property. Mr. Kilday referred to condition
(B) ( 2) of the staff report relative to access from the
site to S.W. 4th Avenue and requested that condition (C)
be amended.
The Planning Director responded that the staff report was
written prior to CAB review and that item (B) ( 2) can be
deleted.
September 19, 1988
Page 5
There being no one else to be heard the Chairman closed
the Public Hearing and turned to the Board for comment and
action.
After discussion, it was the consensus of the Board to
delete condition (B) (2) and to amend condition (C) as
requested by the petitioner.
It was then moved by Mr. Soloway, seconded by Mr. Shuler
and carried 7-0 to recommend to the City Commission
approval of the conditional use and site plan subject to
to the the deletion of Item (B) ( 2) (relative to the
installation of a median along the east border) ; subject
to condition (C) being amended; and, subject to the
following conditions:
1. That the proposed modification which provides a
minimum of 100 feet of clear stacking distance along
the south accessway be made and processed under the
procedures for a "non-impacting site plan
modification" .
2. That screening gates be provided for the dumpsters.
3. That a final plat for the entire holdings must be
approved, with financial guarantees in place, prior
to issuance of any building permit.
IV. LAND USE ITEMS:
1. Consideration of the Site and Development Plan for the
Proposed Kentucky Fried Chicken to be Located at Linton
Boulevard and S.W. 4th Avenue:
Mr. Kovacs introduced the item to the Board through a
review of the staff report.
Ms. Sumrall asked if the size of the building had been
reduced.
Mr. Kiernan Kilday, Agent, responded that the site plan
was thoroughly redesigned.
P & 2 Board Minutes
September 19, 1988
Page 6
It was moved by Ms. Sumrall, seconded by Mr. Soloway and
passed 7-0 to recommend to the City Commission approval of
site and development plan subject to the following
conditions:
A. Installation of one additional internal tree.
B. That a final plat be approved for the entire holdings
and financial guarantees in place prior to issuance
of a building permit.
2. Consideration of the Preliminary Plat for property at
Linton Boulevard and S.W. 4th Avenue (Burns) :
Mr. Kovacs introduced the item to the Board through a
review of the staff report. The following items were
emphasized:
- met with the County Engineer relative to the traffic
impact of this proposal bastd on the first traffic
study.
- suggested that Lot #3 be deleted on the plat.
- pointed out that condition (6) should be amended to
reflect that said improvements are not identified
as to the four laning of S.W. 4th Avenue at the
intersection to the south property line and then
transitions to the existing pavement.
until such time that the office project for the
balance of the site is submitted, requested
additional traffic work addressing the configuration
of the median on Linton Boulevard.
It was moved by Sumrall, seconded by Plume and passed 7-0
to recommend to the City Commission approval of the
preliminary plat subject to the amendment of condition
( 6) ; and, subject to an additional condition ( 10) . Due to
the number of outstanding comments the plat is not ready
for certification as a final plat. With final plat
submittal the following conditions will be required:
1. Modification to the paving plan to accommodate
redesign of the southern access roadway a the Exxon
driveway.
r Oc" L Dvm.L.tL l'111161'L.GJ
September 19, 1988
Page 7
2. Modification to the conceptual water plans to reflect
two 8" water main extensions along the north and
south property lines with fire hydrants spaced a
maximum of 300 feet of road travel.
3. Dedication of the access roadway to property owners
of each lot and the indication of it as a separate
tract on the plat.
4. Construction drawings for the lift station and
off-site sewer improvements including verification of
off-site easements.
5. Construction drawings for on-site water and sewer
improvements including any phasing proposals.
6. Construction drawing for off-site improvements to
S.W. 4th Avenue .
7. Cost estimate for all on-site and off-site
improvements, excluding median modification to Linton
Boulevard.
8. Permits from SFWMD, LWDD, DER and Palm Beach County
Health Department.
9. Location, size and type of grease traps for both
Exxon and Kentucky Fried Chicken along with
construction drawings for the recycling unit for the
Exxon Car Wash.
10. that said improvements should be the four laning of
S.W. 4th Avenue at the intersection to the south
property line and then transitions to the existing
pavement.
3 . Consideration of a Site and Development Plan for FP&L,
Tract N, Delray Park of Commerce:
Mr. Kovacs introduced the item to the Board through a
review of the staff report. The following was
emphasized:
suggested the location of the drive-in tellers be
changed from the west side of the building to the
east side.
Mr. Theodore L. Roux then addressed the Board stating that
he preferred the drive-in tellers on the west side.
r Cc G DVQltl P�111U1 GJ
September 19, 1988
Page 8
Mr. Currie felt that the tellers should not be located on
the west side because they would be facing a major
thoroughfare. He suggested flip-flopping the site plan.
Mr. Roux informed the Board that he did wish to flip-flop
the plan.
Chairman Currie stated that he would be opposed to the
proposal and felt that this particular plan would create a
dangerous traffic situation.
Ms. Sumrall also felt that the drive-in tellers would
create a dangerous situation and that the site plan should
be balanced - instead of parking at one end of the
property and that the building should be more to the
center. He also felt that the drive-in teller would
create a hazardous situation and that the site plan should
be redesigned.
Mr. Dave O'Connell, District Manager for FP&L, then
addressed the Board.
Mr. Kovacs suggested that the drive-in tellers should be
on the east side with the utility facilities inside the
building.
•
Chairman Currie asked the petitioner to define the
entrance.
It was then moved by Mr. Soloway, seconded by Mr. Shuler
and passed 7-0 to recommend to the City Commission
approval of the site and development plan for FP&L, Tract
N, subject to the following conditions:
1. That the six ( 6) foot sidewalk be provided along Park
of Commerce Boulevard and the site plan be revised to
indicate the location of the existing sidewalk
abutting this tract.
2. That the master landscape plan be revised as a
non-impacting modification, to allow the changes as
identified under Standard E (Screens and Buffers) .
3 . That the landscape plan and following plans be
revised in order to be consistent with the revised
site plan.
4. That final paving and drainage plans be submitted and
approved by the City Engineering Department prior to
the issuance of any building permits.
• r dt CA ov A.L.t1. L•ll11 ll 1.1 J
September 19, 1988
Page 9
5. That calculations on the open space element of the
entire park be provided in order to verify
compliance.
6. That the final landscaping plans and elevations be
approved by the Community Appearance Board prior to
the acceptance of any plans for plan check by the
Building Department.
4. Consideration of a Site and Development Plan for On-Site
Concrete located off Depot Road:
Mr. Kovacs introduced the item to the Board through a
review of the staff report. The following items were
emphasized:
that Phase I needs to be upgraded to meet code
- suggested that the developer go back to Tract A, put
in perimeter landscaping, parking lot landscaping,
reduce the driveway connection onto Depot Road.
Submit a new plat which outlines the perimeter of the
uses that deal with Tract A.
- recommended Alternative Action ##2 as outlined in the
Staff Report subject to five conditions subject to
two additional conditions (F) and (G)
Mr. Earl Gentry, agreed to subdivide the property and to
work with staff to bring the site into compliance with
City codes.
Ms. Sumrall expressed concern of visibility of the
concrete stacks along I-95.
Mr. Soloway was concerned of the daily trips of four
concrete trucks near the vicinity of a residential area.
Mr. Jeff Anderson, General Contractor, informed the Board
that the modular unit is considered a permanent structure.
It was then moved by Ms. Sumrall, seconded by Mr. Shuler
and passed 7-0 to recommend to the City Commission
approval of the site and development plan subject to the
following conditions:
2 dc- 4 tioatu 1'1111u1 CJ
' September 19, 198-8
Page 10
1. Extension of the eight inch water main to the
southern property line and installation of fire
hydrants at a maximum spacing of 300 ' of road travel
along that water main.
2. Approval of a final plat to be accomplished prior to
issuance of a building permit. In addition to normal
requirements the plat submittal is to include
construction plans for the water system and access
improvements (from Depot Road) . (Said plat is to
include the total 2.3 acres and provide for new
boundaries for the two parcels) .
3. Provision of a traffic statement (with the plat
submittal) and compliance with recommendations
contained within it or imposed after its review.
Recommendations will include that "On-Site Concrete"
be responsible for any damage or deterioration of
Depot Road which can be assigned to use by the
concrete trucks.
4. Upgrading of "Tract A" to Code through implementation
of those improvements outlined under Standards #5 and
#3 of the Planning and Zoning Board' s Staff Report.
Site plans for this upgrading are to be provided with
the preliminary plat submission.
5. That the scope of the operation be limited to four
concrete trucks, 25' height limitation on the silo,
and the sand and gravel storage piles are not to
exceed the height of their screening wall.
5. Consideration of a Preliminary Plat for 1410 South Ocean
Boulevard, four lots:
Mr. Kovacs stated that an interpretation by the Board is
needed as to the setback criteria used for the duplex.
The current zoning designation of the parcel is RM
(Residential Medium) which allows both single family homes
and multi-family structures. All single family homes are
required to follow setbacks under the R-1AA zoning
designations. All multi-family structures are required to
follow the setbacks for the RM zoning district. By
definition, a multi-family structure is three or more
units.
As the duplexes are to be conveyed fee simple, it is
staff' s recommendation that the duplexes follow the single
family-duplex setbacks under the R-1AC zoning district.
September 19, 1988
Page 11
It was moved by Ms. Plume, seconded by Mr. Soloway and
passed 7-0 to recommend to the City Commission that upon
positive finding of utilization of the R-1AC zoning
district setback requirements for the duplex structure,
approve the preliminary plat and certify as a final plat
subject to the following comments, to be completed prior
to City Commission action.
a) The P.C.P. 's across from the N.E. and S.E. corners of
the property along AlA need to be noted on the
centerline of AlA.
b) Provide acreage figures for each lot and place on the
face of the plat.
•
6. Consideration of a Request for Extension of Conditional
Use and Site Plan Approval for the Lehman Auto Mall:
Mr. Kovacs informed the Board that it was learned during
the process of preparing the Staff Report that this
request may be withdrawn.
Mr. Roger Saberson, Attorney, representing the applicant,
asked that this request be continued to the Board' s next
meeting.
It was then moved by Mr. Soloway, seconded by Ms. Plume
and passed 7-0 to continue this request to the Planning
and Zoning Board Special Meeting of September 26, 1988 .
7. Consideration of a Request for Extension of Site Plan
Approval, Shops of Seacrest:
Mr. Kovacs introduced the item to the Board through a
review of the staff report.
Mr. Frank Gulisano, applicant, stated that he has made a
substantial investment and that he had reviewed the list
of conditions as outlined in the staff report and had no
objections.
Ms. Sumrall, Ms. Plume and Mr. Andrews expressed concern
that there is a "For Sale" on the property and were
adamantly opposed to the proposal.
p &. Z. Board Minutes
September 19, 1988
Page 12
After considerable discussion with the owner of the
property, the Board recommended that the extension request
be denied. The Board cited the following comments in
support of its recommendation of denial:
insufficient progress in obtaining approvals of the
planning and permitting aspects of the project;
- inappropriate nature of the proposed use while other
more appropriate uses are allowed within the LC zone
district;
overall incompatibility of the site design with the
perceived future of the neighborhood;
- intensity of the use being too great;
- the lack of development testifying to the
inappropriateness of the use and the practical
inability to justify such a commercial use at this
location.
It was then moved by Mr. Soloway, seconded by Mr. Andrews
and passed 6-1 (Kellerman dissenting) to recommend denial
•
for the extension of approval of the site plan.
8. Consideration of a Request for Privatization of the
Streets in the Woods of Southridge:
The Planning Director requested that this request be
continued to the Planning and Zoning Board Regular Meeting
on October 17, 1988. The Chairman so directed.
9. Final Plat for Delray Mazda:
Mr. Kovacs introduced the item to the Board through a
review of the staff report. The following items were
emphasized:
- that the staff ' s recommendation be amended to read
approval of the abandonment of Dixie Boulevard and to
certify the plat as adequate for a final plat with
compliance with technical items listed in the staff
report.
P & 2 Board Minutes
September 19, 1988
Page 13
Condition (3) of those technical items which the long
term improvements to Avenue "F"
median has been F and Federal Highway
e City Attorney.provided under technical review by
ns
the improvement to Federal Highway lino that if te hto
e
County does not give credit for that median
improvement with regard to the impact fees, the
developer does not have to put that improvement in
place. Engineering and Planning staff feel it would
be appropriate for those fees to be credited toward
the impact fee obligation.
Mr. Ro er Saberson Attorne
explained the issues of the ragreementn which is e the a1 to nt
be
approved by the City Attorney and that the agreement for
median improvements along Federal Highway be revised so
that a credit against County Road Impact Fees is not a
prerequisite to the installation of the median. Mr.
Saberson stated that he had no objections to the list of
conditions.
It was moved by
passed 7-0 to re ormmend approval seconded by Ms. Plume and
Mayor of the final plat and
authorize the Ma
Y to execute the mylars upon
• presentation of appropriate documents providing the
following:
appropriat
dedicationest statement (City Attorney) ;
the mortgagee
certification as to form of the agreements for
Federal Highway landscaping and Federal Highway
median improvements;
modification of the Federal Highway median agreement
regarding credit against County Road Impact Fees;
and,
either improvements being in
guarantee being in place place or a financial
code, pursuant to the subdivision
10. Water Service A reement R.O. Priest (Barwick Road) :
Mr. Kovacs introduced the item to the Board through a
review of the staff report. The following was
emphasized:
P & Z Board Minutes
September 19, 1988
Page 14
- the City will provide the water service lines from
the east side of Barwick Road over to the property.
He recommended that the water service be approved but
not be executed until such time that the petition
processes an application for annexation.
- that the guest house not be enlarged for use by
members of the house and non-paying guests.
if the applicant wishes to rent the guest house, then
the property will have to subdivided.
It was then moved by Ms. Sumrall, seconded by Mr. Andrews
and passed 7-0 to recommend approval to the City
Commission of the water service agreement subject to the
condition that the agreement not be executed until a
formal annexation petition has been received.
V. PLANNING AND IMPLEMENTATION ITEMS
A. Referral from the City Commission Regarding Paving of
Front Yards for Parking Purposes:
B. Final Consideration of Proposed Zoning Code Amendments
Regarding "Short-Term Residential Uses" and a Proposed
"R/T Zone District" :
After lengthy review, Ms. Plume suggested that the
proposed zoning code amendment needed further study by the
Board.
Chairman Currie directed that this item be continued to
the Planning and Zoning Board Meeting of October 17, 1988.
P & Z Board Minutes
•
September 19, 1988
Page 15
C. Determination of Use: Determination of Accessory Use
in a Marina -- Canvas Top Repair, and Fabrication of
Boat Paraphernalia:
Mr. Currie stated a possible conflict and stepped down
from the Board for this item.
Mr. Kovacs then introduced the item through a review of
the staff report.
Mr. Andrews stated that he did not oppose the use as long
as no metal work is conducted on site.
Ms. Plume and Ms. Sumrall felt that the site was not
appropriate for this use and that the use would be too
difficult to monitor.
It was moved by Ms. Sumrall, seconded by Mr. Soloway and
passed 5-1 (Andrews dissenting) that canvas top repair and
fabrication of boat paraphernalia is not an appropriate
accessory use within a marina. ,
Mr. Currie returned to the Board.
VI. REPORTS AND COMMENTS
A. Board Members
Consideration of Changes to the LC Limited Commercial
District (Plume) :
Ms. Plume suggested that an ad-hoc committee be formed to
review and meet with the Planning Director because she
felt the preface should be rewritten and that there should
be a limitation on square footage.
It was then moved by Ms. Plume, seconded by Mr. Andrews
and passed 7-0 to recommend to the City Commission to
initiate a plan amendment to change the text of the
Limited Commercial District. The Board appointed Mr.
Soloway and Ms. Plume to work with the Planning Director.
P & Z Board Minutes
September 19, 1988
Page 16
B. Staff
The Planning Director informed the Board of a special
workshop meeting to be held on Friday, October 7th at 8:00
A.M. . This will be an orientation meeting for the
recently appointed members to the Planning and Zoning
Board. The Planning and Zoning Board Regular Meeting will
be held on October 17, 1988 at 7:00 P.M. in the Commission
Chambers.
VII. The meeting was adjourned at 11:35 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the minutes of the meeting of
said body for September 19, 1988, which were formally adopted and
approved by the Board on •
Celeste McDonough
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes.
They will become so after review and approval, which may involve
some changes.
MINUTES OF THE PLANNING AND ZONING BOARD
%CITY OF DELRAY BEACH, FLORIDA il)/ AIFT
MEETING DATE: SEPTEMBER 26, 1988
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I . CALL TO ORDER:
The meeting was called to order by Chairman Currie at 7: 05 P.M.
Upon roll call it was determined that a quorum was present.
Members Present: Chairman Currie, Andrews, Plume, Shuler,
Soloway, Sumrall
Members Absent: Kellerman
Staff Present: David Kovacs, Stan Weedon, Carol Jannotta,
Celeste McDonough
Mr. Stan Weedon, Assistant Planning Director and Coordinator of the
44411 Enclaves, announced that Enclaves 52 and 59 would not be included on
tonight' s agenda. These enclaves will be heard at the Planning and
Zoning Board Special Meeting of October 24, 1988.
II .PUBLIC HEARINGS
A. Enclave 13 , Lake Ida Area:
Mr. Weedon introduced the item to the Board through a
review of the staff report.
There were no questions and the Chairman then declared the
Public Hearing opened. The following individuals
addressed the Board:
Mr. Robert Gaffney, 1508 Lake Drive, inquired as to what
will happen to the a 60 foot easement that goes to the
water.
Mr. Weedon responded that the City has no plans to change
the easement because it is only a the maintenance
easement for access to the water.
MINUTES
HISTORIC PRESERVATION BOARD
FRIDAY, FEBRUARY 16, 1990 , 8: 00 A.M.
COMMISSION CHAMBERS, CITY HALL
1. Roll Call:
Chairman Patricia Healy : Present
Diane DeMarco : Present
Alice Finst : Arrived Late
David Martin : Absent
David Nathanson : Present
Rose Sloan : Present
Spencer Pompey : Arrived Late
Staff Present:
Pat Cayce, Historic Preservation Planner
2 . COA 8-097 Victor Nocera, 122 S.E. 1st Avenue. Install 8
new solid core wooden doors on south side of building.
MOTION: Postpone to the 9: 00 AM at the February 23 , 1990
meeting.
Made: David Nathanson
Seconded: Diane DeMarco
VOTE:
Healy : Y Finst : Y
Nathanson : Y Sloan : Y
DeMarco : Y Pompey : Y
MOTION: APPROVED
COMMENTS: The applicant was not present. The applicants
agent was present but did not have authorization to
represent nor the fee for the COA.
VOTE:
Healy : Y Finst : Y
Nathanson : Y Sloan : Y
DeMarco : Y Pompey : Y
MOTION: APPROVED
MOTION: Approve the installation of a temporary office
trailer at site of present construction trailer.
Made: David Nathanson
Seconded: Diane DeMarco
VOTE:
Healy : Y Finst : Y
Nathanson : Y Sloan : Y
DeMarco : Y Pompey : Y
MOTION: APPROVED
7 . Discussion of State of Florida Planning and Survey grant for
Banker' s Row - Pineapple Grove streetscape.
COMMENTS: The Board discussed and approved a request to
made of the City Commission for approval to apply,
in conjunction with Pineapple Grove for a State of
Florida planning grant. the purpose of the grant is to
develop a streetscape on N.E. 1st Avenue between 2nd
and 3rd Streets (Bankers Row) .
The Board further approved a motion that a letter be sent to
the City Manager requesting the following actions from the
City Engineer:
1. That dual street name signs be placed on the
streets within the block, reading "Banker' s Row" .
2. That traffic patterns on N.E. 1st Avenue be
studied.
3 . The directional signs are confusing at N.E. 4th
Street and Swinton Avenue and should also be
studied.
4. Consider banning trucks from N.E. 4th Street.
3 . COA 8-098 Tony Keller, Kellerco Construction, 334 N.E. 1st
Avenue. Rehabilitation of residential building.
MOTION: To approve as submitted, except continue
consideration of the roof.
Made: Alice Finst
Seconded: David Nathanson
VOTE:
Healy : Y Finst : Y
Nathanson : Y - Sloan : Y
DeMarco : Y Pompey : Y
MOTION: APPROVED
4 . COA 8-099 Frank E. McKinney, Venture Concepts
International, Inc. 248 N.E. 1st. Avenue. Rehabilitation of
residential building.
MOTION: To approve as submitted.
Made: Alice Finst
Seconded: David Nathanson
VOTE:
Healy : Y Finst : Y
Nathanson : Y Sloan : Y
DeMarco : Y Pompey : Y
MOTION: APPROVED
5 . COA Pre-Application Kirk Stetson, Architect, Capt. & Mrs.
Bruce Blomgren, Owners, 315 S.E. 7th Avenue. Major addition
to existing residence.
COMMENTS: By consensus, the Board approved the preliminary
floor plan for the addition. The applicant will return with
a regular application at a later date.
6 . COA 8-015 Continuation Old School Square, Marylou Strollo.
Landscaping for Phase I and placement of temporary office
trailer.
MOTION: Approve the Phase 1 landscaping.
Made: David Nathanson
Seconded: Diane DeMarco
8 . Timetable for dedication of Historic 5 Sites Marker and
Mini-Park.
COMMENTS: The Board by consensus approved the wording of
the dedication ceremony press release, but did not approve
the expenditure of funds for printing the program. The cost
will be borne by the private parties involved.
By consensus the Board also approved and recommended to the
City Commission that the mini-park associated with the
marker be named B. F. James and Francis J. Bright Park.
9 . Discussion of landscaping for east side of N.E. 1st Avenue
between N.E. 4th and N.E. 3rd Streets (Post Office Square) .
COMMENTS: Richard Bauer (Code Enforcement) was not present
so Pat Cayce explained to the Board what she knew of the
situation from her discussions with Mr. Bauer.
10 . Approval of Minutes: October 20, 1989
November 17, 1989
December 4, 1989
December 8 , 1989
December 15, 1989
David Nathanson motioned and Alice Finst seconded that items
10 thru 13 be continued to the meeting of February 23 , 1990.
The Board approved the motion by consensus.
11. Unfinished Business
12. New Business
13 . Adjournment
The Board adjourned by consensus.
MINUTES
HISTORIC PRESERVATION BOARD MEETING
WEDNESDAY, NOVEMBER 14, 1990
1 . Roll Call:
Bill Ayers Present
Christine Bull Present
Wayne Campbell Present
Spencer Pompey Present
Rose Sloan, V. Chairman Present
Pat Healey-Golembe, Chairman Present
Absent: Daniel Carter
Staff Present:
Pat Cayce, Historic Preservation Planner
Stan Weedon, Assistant Planning Director
Pat Cayce noted that agenda Item #5 which reads "4. 4 .76" ,
should read "4 . 4 .24.G2 . " On Item #10, Approval of Minutes , the date
should read "October 17, 1990 " as opposed to "October 12, 1990 . "
2 . COA 8-60A - Continuation 26 Lake Court, Eva or William Dezearn,
owners. Re-roof with same material.
Rose Sloan moved approval of the re-roof with the same materi-
al, seconded by Bill Ayers . The vote was as follows: Bill Ayers - Yes;
Christine Bull - Yes; Wayne Campbell - Yes; Spencer Pompey - Yes; Rose
Sloan - Yes; Pat Healy-Golembe - Yes. Motion passed 6-0 .
3 . COA 8-142 - 101 Dixie Blvd. , Estate of Edward Carpenter, Pre-
sented by Marty Yedvarb, Modern Roofing Co. , Authorized Agent. Re-roof
with same material.
Rose Sloan moved approval of the re-roof with the same materi-
al, seconded by Bill Ayers. The vote was as follows: Bill Ayers - Yes;
Christine Bull - Yes; Wayne Campbell - Yes; Spencer Pompey - Yes; Rose
Sloan - Yes; Pat Healy-Golembe - Yes. Motion passed 6-0 .
4. COA 8-143 - 330 N.E. 1st Avenue, Eileen Baker, Pamela Turner,
Wayne Meyer, Owners. Presented by Robert Turner, Authorized Agent.
Re-roof, Exterior Paint, Fence, New Front door.
The representatives not being present at this time, this Item
was moved to the end of the meeting.
5 . COA 8-144 - 120 N.E. 1st Avenue, Frank McKinney, Owner.
Rehabilitation/Restoration, Including Roof, Exterior Paint, Windows,
ence, Parking and Required Landscaping.
For the record, Frank McKinney stated he was not the owner of
the company.
Rose Sloan moved approval of the restorations with the excep-
tion of the fence, seconded by Christine Bull. The vote was as follows:
J 11yu�;; - Yes; Christine Bull - Yes; Wayne Campbell - Yes; Spencer
- Yu;,; Rose Sloan - Yes; Pat Healy-Golembe - Yes. Motion passed
Pat ilc�aley-Golembe read- the letter of Request of Waiver to
low
parkin j
Bill Dyers moved approval of the Waiver to allow parking in the
1c,ut yard, s(•uonded by Spencer Pompey. The vote was as follows: Bill
yc,�-:; - Yes; Christine Bull - Yes; Wayne Campbell - Yes; Spencer Pompey
yc•:;; Rose Sloan - Yes; Pat Healy-Golembe - Yes. Motion passed 6-0 .
Jo:; . Sloan stated Item #5 could be approved upon submittal of
'my rendering, followed by a telephone poll. Stan Weedon stated the
understanding will be if the design guidelines are adopted as otherwise,
it will bu handled that way.
6 . COA 8-141 - 325 S.E. 7th Avenue, David Riekse, Owner. Consider
demolition of above noted residence.
Roger Sabserson, Attorney, was present on Mr. Riekse' s behalf.
Bill Ayers moved approval for demolition, seconded by Rose
Sloan.
Pat Healy-Golembe read a letter from Daniel Carter, an absent
Board Member, who stated he chose to deny the demolition request.
Letters from residents were also read.
The following people spoke regarding the demolition:
Ray Yardley stated he is in favor of the demolition.
Dawn Blumgren stated the house should be moved, not demolished.
Carolyn Patton stated she is against the demolition.
James Bowen stated he is against the demolition.
Carol Westendorf stated she is in favor of the demolition.
Alieda Riley stated she is against the demolition.
In order to avoid demolition, the structure is available for
removal if it can be done within a proper time frame. Bill Ayers
suggested Mr. Rieske contact a moving company to see if the building can
be moved from it' s present location, and then return to the next meeting
to present his findings.
After extensive discussion, a vote was taken on this issue.
The vote for the above motion was as follows: Bill Ayers - Yes;
Christine Bull - No; Wayne Campbell - Yes; Spencer Pompey - Yes; Rose
Sloan - Yes; Pat Healy-Golembe - No. Motion passed 4-2 .
The consensus of the Board was to give Mr. Rieske 30 days to
see if the building can be moved and/or to see if there is any public
interest in this structure.
4 . It was the consensus of the Board to inform the owners of this
building that no action has been taken, it has not been approved and all
work should be stopped.
-2- 11/14/90
1,111k
7 . COA Pre-Application 250 Royal Court, Betty Tomelleri, Owner
Sign Design and Location.
This Item was withdrawn until the December meeting.
8 . COA 8-119 Continuation 840 E. Atlantic Avenue, Bridge Restau-
rant. Consider Exterior Light Fixtures .
Rose Sloan moved acceptance of the concept of the deck, thus-
far, and approved the lighting, awnings and landscaping as in the Boyd
Building, seconded by Bill Ayers. The vote was as follows: Bill Ayers -
Yes; Christine Bull - Yes; Wayne Campbell - Yes; Spencer Pompey - Yes;
Rose Sloan - Yes; Pat Healy-Golembe - Yes. Motion passed 6-0 .
Wayne Campbell moved approval of a sign designating parking,
subject to the approval of the sign department, seconded by Rose Sloan.
The vote was as follows: Bill Ayers - Yes; Christine Bull - Yes; Wayne
Campbell - Yes; Spencer Pompey - Yes; Rose Sloan - Yes; Pat Healy-
Golembe - Yes. Motion passed 6-0 .
9 . Consider Plaques to replace Dual Street Signs for "Banker' s
Row. "
This Item will be back at the next meeting, when more details
can be given and a decision can be made.
10. Approval of Minutes of meeting of October 17, 1990 .
Bill Ayer moved approval of the Minutes of the meeting of
October 17, 1990, seconded by Rose Sloan. The vote was as follows: Bill
Ayers - Yes; Christine Bull - Yes; Wayne Campbell - Yes; Spencer Pompey
- Yes; Rose Sloan - Yes; Pat Healy-Golembe - Yes. Motion passed 6-0 .
11 . New Business.
Christine Bull moved to change the meeting date of December
19th to December 12th, seconded by Rose Sloan. The vote was as follows:
Bill Ayers - Yes; Christine Bull - Yes; Wayne Campbell - Yes; Spencer
Pompey - Yes; Rose Sloan - Yes; Pat Healy-Golembe - Yes . Motion passed
6-0 .
Pat Cayce informed the Board that the Strubel ' s will have
hedges around their duplex in the very near future.
12. Unfinished Business .
Wayne Campbell stated he is very dissatisfied with Mr. Mc-
Kinney' s answer regarding the jalousie windows.
Stan Weedon stated the tapes should be heard again, and if the
Board is not satisfied, Mr. McKinney should be notified.
-3- 11/14/90
1P11114-
13 . Adjournment.
Motion made by Bill Ayers to adjourn at 7 :25 P.M. , seconded by
Rose Sloan. The vote was as follows: Bill Ayers - Yes; Christine Bull -
Yes; Wayne Campbell - Yes; Spencer Pompey - Yes; Rose Sloan - Yes; Pat
Healy-Golembe - Yes . Motion passed 6-0 .
-4- 11/14/90
r
lito
AGENDA
HISTORIC PRESERVATION BOARD MEETING
WEDNESDAY, DECEMBER 12, 1990, 5: 00 P.M.
FIRST FLOOR CONFERENCE ROOM, CITY HALL
Please be advised that if a person decides to appeal any decision
made by the Historic Preservation Board with respect to any matter
considered at this meeting or hearing, such persons will need a
record of these proceeding, and for this purpose such persons may
need to ensure that a verbatim record of the proceeding is made,
which record includes the testimony and evidence upon which the
appeal is to be based. The City does not provide or prepare such
record.
1 . Roll Call
2 . COA 8-086A Continuation 305 N. Swinton Avenue, Richard or
Pat Loeffler, owners.
Re-roof with same material.
3 . COA 8-146 101 N.E. 4th Street, Mary J. Ahern, Owner.
New Railing for Stairs and Balcony.
4 . COA 8-143 330 N.E. 1st Avenue, Robert Turner, Authorized
Agent.
Side, Rear and Front fences . Re-Roof with White
Asphalt Shingles .
5. COA 8-127A Continuation 123 N.E. 1st Avenue, Jerome
Vanhille, Owner.
Front Fence and Lamp on Post.
6 . COA 8-145 250 Royal Court, Betty Tomelleri, Authorized
Agent.
A. Design Approval for Signs.
B. Due to unique circumstances the applicant is
requesting the Board to recommend to the City
Commission that a waiver be granted to allow
signs in a public right of way.
C. Modification of existing landscaping, subject
to material approval by City Horticulturist.
41.4 .r
Page 2
Historic Preservation Board
Agenda, December 12, 1990
7 . COA 8-147 Sundy House 106 South Swinton Avenue, Lew Jenson,
Owner.
Paint exterior.
8 . Consider Front Fence Approval for 120 N.E. 1st Avenue. This
item was postponed at the November 14, 1990 meeting.
9 . Discussion of the Lack of Signs and Awnings at the Boyd
Building, 840 E. Atlantic Avenue.
10. Consider Recommending to the Planning & Zoning Board a
Similarity of Use, pursuant to Section 4 .4 .24(B) (8) in the
OSSHAD, to Allow a Pet Grooming Shop at 5 N.E. 2nd Street.
11. Approval of Minutes for November 14, 1990.
12 . Unfinished Business
A. Public Hearing for Colony Hotel, Arcade
Building and Flamingo Service Station
Postponed to January 16, 1990.
B. Design Guidelines to be mailed to
Representatives of Local Historic Districts
for Comments and Critique.
13 . New Business
14 . Adjournment
1.. S
MEMORANDUM
DATE: DECEMBER 7, 1990
TO: HISTORIC PRESERVATION BOARD
FROM: PAT CAYCE Vfr.
SUBJECT: STAFF COMMENTS ON ITEMS BEFORE THE BOARD FOR THE MEETING
OF WEDNESDAY, DECEMBER 12, 1990
1. Roll Call
2 . COA 8-086A Continuation 305 N. Swinton Avenue, Richard or
Pat Loeffler, owners.
Re-roof with same material.
Recommend approval.
3 . COA 8-146 101 N.E. 4th Street, Mary J. Ahern, Owner.
New Railing for Stairs and Balcony.
Railing is to be made of aluminum with white enamel finish.
Recommend approval .
4 . COA 8-143 330 N.E. 1st Avenue, Robert Turner, Authorized
Agent.
Side, Rear and Front fences. Re-Roof with White
Asphalt Shingles.
This application was on the November 14, 1990 agenda. Neither
the owner nor the authorized agent was present. Before the
November meeting the owner had painted the house and installed a
new front door without HPB approval. Re-roofing was started
without a building permit and a stop work order was put on the
project.
Items before the Board are:
Reroof with white asphalt shingles .
Install a 3 ' high white picket fence across the front of the
property.
Install a 6 ' high batten and board fence on the south property
line and the north west half of the rear property line. Fence to
be stained natural .
Recommend approval .
4 . ' ink
Page 2
HPB Board Notes
Meeting of December 12, 1990
5 . COA 8-127A Continuation 123 N.E. 1st Avenue, Jerome
Vanhille, Owner.
Front Fence and Lamp on Post.
At the HPB meeting, August 15, 1990 the applicant was given
approval to "install a 3 'tall white picket fence across the
front of the property if he chooses to do so" . The applicant is
requesting approval for a 3 1/2 ' tall white picket fence in the
same location and a decorative lamp on a post on the N.W. front
corner of the property.
Recommend approval.
6 . COA 8-145 250 Royal Court, Betty Tomelleri, Authorized
Agent.
A. Design Approval for Signs.
B. Due to unique circumstances the applicant is
requesting the Board to recommend to the City
Commission that a waiver be granted to allow
signs in a public right of way.
C. Modification of existing landscaping, subject
to material approval by City Horticulturist.
This item was on the November agenda but was withdrawn at the
applicant' s request. You may want to drive past the property
again. The building has been maintained as an architect's office
since it was built. The applicant will use the building as a
doctor' s office. The application for a sign permit has not been
filed and therefore has not been reviewed by the Sign Department.
Joyce Desormeau does not want this to come to the HPB for design
approval until her staff has reviewed the proposal. The applicant
is meeting with the City Manager on Monday to discuss this matter
and I have left it on the agenda for that reason. It is possible
that items A and B will be withdrawn and considered at the
January meeting.
The applicant is asking for approval to add a new walkway,
install a fountain and additional appropriate landscaping
materials . These new materials must meet with the City
landscaping specifications.
Page 3
HPB Notes
7 . COA 8-147 Sundy House 106 South Swinton Avenue, Lew Jenson,
Owner.
Paint exterior.
Main color to be white, gables and screen frames to be original
green. Color chips will be available at the meeting.
8 . Consider Front Fence Approval for 120 N.E. 1st Avenue. This
item was postponed at the November 14, 1990 meeting.
The HPB agreed to consider approval of a front fence by telephone
consensus. No size or color specification were included with the
drawing therefore I didn't mail it to you for consideration. I
have since talked to Mr. Mckinney the fence will be 4 ' tall on 8 '
centers . The decorative posts will be 6" x 6" .You may vote to
approve this without the owner being present. If the design is
denied it will be necessary for the applicant to come before the
HPB.
9 . Discussion of the Lack of Signs and Awnings at the Boyd
Building, 840 E. Atlantic Avenue.
Please see the attached letter. Lula Butler is addressing this
matter and her letter of response will be available at the
meeting.
10 . Consider Recommending to the Planning & Zoning Board a
Similarity of Use, pursuant to Section 4 .4 .24 (B) (8) in the
OSSHAD, to Allow a Pet Grooming Shop at 5 N.E. 2nd Street.
Please see the attached note addressed to David Kovacs from
Kimberely Pet Grooming and Boutique, 142 S.E. 6th Avenue.
David Kovacs recommends denial .
11 . Approval of Minutes for November 14, 1990.
12 . Unfinished Business
A. Public Hearing for Colony Hotel, Arcade
Building and Flamingo Service Station
Postponed to January 16, 1990.
B. Design Guidelines to be mailed to
Representatives of Local Historic Districts
for Comments and Critique.
Staff will comment on these items at the meeting.
13 . New Business
14 . Adjournment:.
• P & Z Board Minutes
September 26, 1988
Page 3
B. Enclave 37, Silver Terrace and Adjacent Mobile Home:
Mr. Weedon introduced the item to the Board through a
review of the staff report.
There were no questions and the Chairman then declared the
Public Hearing open. The following individuals addressed
the Board:
Mr. Charles Spalletta, 2719 Dracaena Court, representing
the owner of lots 9 and 10, Block 5, asked what option did
a property owner have when a parcel is downgraded from
commercial to multi-family.
Mr. Currie responded that a high density multi-family
designation is not necessarily lower in value and that the
owner has two choices - develop multiple family or
consolidate into a larger parcel.
Ms. June Carr, 1102 Miami Boulevard, stated her opposition
to the annexation and inquired as to sidewalk installation
on S.W. 10th and Dixie Highway and of a wall between the
residential area and the Delray Mall She felt that these
should be installed by the City and perhaps funds would be
available through the City' s Contingency Fund.
Ms. Laura Yates, 1934 Park Place, informed the Board that
she is a five generation resident of the City and that she
is now a widow living on a limited income. She felt that
she could not possibly afford the connection fees required
by the City once annexed. Ms. Yates stated that it was a
hardship on residents in similar circumstances.
Mr. James Maas, asked if the cost of improvements (paving
and installation of sidewalks) were included in the
calculations by staff.
Mr. Weedon explained the cost estimates included paving,
drainage, curb and gutter and sidewalks. He pointed out
that the Level of Service "A" was of the highest quality
of service. He further explained that the Capital
Improvement Program would be implemented over a period of
five years and this area is listed by the City as a second
priority (Germantown Road area is first priority) .
Mr. Maas then asked if a 40 foot wide trailer would be
permitted on a vacant lot that is substandard lot size.
Mr. Weedon responded that a mobile home, single or double
width, which is designed as a single dwelling could be
placed on a site no less than 40 feet of average width and
zoned MH (Mobile Home Park) .
P & Z Board Minutes
September 26, 1988
Page 2
Mr. John Wilmer, 1115 N.W. 5th Avenue, owner of two
parcels with this enclave, stated that he is adamantly
opposed to the annexation because City taxes are higher
than the County taxes that he has been paying for many
years. Mr. Wilmer reminded the Board that the City has
tried to annexed this area before and has been in
the court system since 1961 .
Mr. Currie explained that the Planning and Zoning Board
has the responsibility to assure that proper zoning is
placed on all annexed parcels.
Mr. William Murtha, representing Citizens Against
Political Annexation, stated his opposition to the
annexation of all the enclaves. Mr. Murtha felt that the
City should wait until final decision by the courts and
reminded the Board that two law suits are still active.
There being no one else to be heard the Chairman closed
the public hearing and turned to the Board for comment and
action.
Ms. Plume asked how staff calculated the operating
figures as outlined in the Staff Report.
It was explained by the Planning Director that in addition
to property taxation, a large part of revenue is from fees
paid and reimbursed to the City, which are reimbursed from
the State. These are based on the per capita revenue.
Mr. Kovacs further explained that to determine the
expenditures under the Enclave Act is the per capita cost
relative to the General Fund i.e. Police, Fire, City Hall
expenditures, streets, etc. .
Ms. Sumrall expressed her displeasure of the comments made
by residents who live in the enclaves and use the City' s
streets, parks and beaches. She stated that she was
personally offended by these comments and was glad to see
her tax dollars put to good use by the City.
It was then moved by Ms. Sumrall, seconded by Ms. Plume
and passed 7-0 to recommend that the City Commission
approve the annexation of Enclave 13 with initial zoning
of CF Community Facilities and R-1AA Single Family
Dwelling District.
& L boara minutes
• September 26, 1988
Page 4
Mrs. Maureen Maas then addressed the Board stating that
she and her husband would like to build a 12 unit
apartment building but needed access from Federal Highway
because she felt that people do not like the area when
they drive down Miami Road.
After lengthy discussion, it was suggested by Chairman
Currie that Mr. and Mrs. Maas week legal action relative
to an abandonment of S.W. 2nd Avenue and request to appear
before the Planning and Zoning Board at a future date.
Ms. Sumrall asked the Planning Director what agency
regulated the Adult Care Center.
Mr. Kovacs responded that the center was under the
jurisdiction of the County' s Health and Rehabilitative
Services and that the County would have to investigate as
to any offenses.
It was then moved by Ms. Plume, seconded by Mr. Andrews
and passed 7-0 to recommend that the City Commission
approve the annexation of Enclave 37 with initial zoning
of RH and MH.
C. Enclave 52, IandiMarino Mobile Home Park ( rehearing) :
This enclave will be reheard at the Planning and Zoning
Board Special Meeting of October 24, 1988 .
•
D. Enclave 59, Delray Shores:
Mr. Weedon introduced the item to the Board through a
review of the staff report.
There were no questions and the Chairman then declared the
Public Hearing opened. The following individuals
addressed the Board:
Reverend Gibbons, resident of Delray Shores, opposed the
annexation of this enclave.
Mr. Michael Conners, representing Mrs. Jack Dorson, owner
of a large vacant parcel, stated his does not oppose the
annexation of the enclave but did oppose the change from
commercial to residential designation. He informed the
Board that his client' s ten acres, located on the northern
portion of this enclave, is surrounded on three sides by
commercial.
P & Z Board Minutes
September 26 , 1988
Page 5
Mr. Sonn Luis, 3947 Angler Drive, was concerned of the
lack of street lights in the Delray Shores Subdivision and
asked if the City would consider installing the lights.
Mr. Weedon stated that some improvements will mostly be
made to the general area of Davis Road because of the
proposed school.
Mr. Bert Fashaw, stated that he was in favor of the
annexation and asked if the City would install street
lights in the Delray Shores Subdivision once the area is
annexed.
Mr. Weedon explained that the County is so large it is
difficult to regularly control isolated areas.
Ms. Mamie Rhodes, 1387 Lawrence Road, felt that all the
residents should pitch in and help to clean up their own
area.
There being no one else to be heard the Chairman closed
the public hearing and turned to the Board for comment and
action.
approve except for area #4
It was then moved by Ms. Sumrall, with a second by Mr.
Soloway and carried 7-0 to recommend that the City
Commission approve the annexation of Enclave 59 with
initial zonings of R-1AB (Single Family Dwelling
District) , GC (General Commercial) , ACT (Agricultural
Commercial Transitional) , ART (Agricultural Residential
Transitional) , RM (Medium to Medium-High Density
Residential and POC Planned Office Center for Area 4.
E. Enclave 63 , Industrial and Underdeveloped Areas East and
West of Congress, Midway between Lake Ida Road and
Atlantic Avenue:
Mr. Weedon introduced the item to the Board through a
review of the staff report.
There were no questions and the Chairman then declared the
Public Hearing opened. The following individuals
addressed the Board:
• P & Z Board Minutes
September 26, 1988
Page 6
Mrs. Michaelson, High Point, Section 2, asked the if the
City would give a violation to the concrete company
loading
The Planning Director responded that he would ask the
City' s Code Enforcement Division to investigate the
matter.
It was then moved by Ms. Sumrall with a second by Ms.
Plume and carried 7-0 to recommend that the City
Commission approve the annexation of Enclave 63 with
initial zoning of ART (Agricultural Residential
Transitional District) , GC (General Commercial) , and LI
(Light Industrial) .
F. Enclave 66 , Commercial and Industrial Areas East and West
of Congress just North of Atlantic Avenue:
Mr. Weedon introduced the item to the Board through a
review of the staff report.
There were no questions and the Chairman then declared the
Public Hearing opened. There being no one to be heard,
the hearing was closed and the Chairman turned to the
Board for action.
It was then moved by Ms. Sumrall, seconded by Ms. Plume
and carried 7-0 to recommend that the City Commission
approve the annexation of Enclave 66 with initial zoning
of ART (Agricultural Residential Transitional District) ,
GC (General Commercial) , and LI (Light Industrial) .
G. Enclave 69, Woodvue Subdivision and Adjacent Land along
Germantown Road, West (rehearing) :
This enclave is not included on this agenda and will be
reheard at the Planning and Zoning Board Special Meeting
on October 24, 1988.
• P & Z Board Minutes
September 26, 1988
Page 7
III. ITEMS CONTINUED FROM THE REGULAR MEETING OF SEPTEMBER 19TH
A. APPROVAL OF THE MINUTES:
The Planning Director announced the approval of the
Minutes will be deferred to a subsequent meeting.
B. Consideration of a Request for Extension of Conditional
Use and Site Plan Approval for the Lehman Auto Mall:
Mr. Kovacs informed the Board that this request has been
withdrawn.
C. Final Consideration of Proposed Zoning Code Amendments
Regarding "Short-Term Residential Uses" and a Proposed
"R/T Zone District" :
Ms. Sumrall recommended that Supplemental Regulations
should be thoroughly reviewed i.e. parking and setbacks
and stated her opposition to a reference in the
definitions as to not to discriminate permanent to
nonpermanent residents.
After discussion, it was the consensus of the Board to
review and make recommendation for each of four Exhibits
presented.
It was moved by Ms. Plume, seconded by Mr. Andrews and
carried 7-0 to recommend to the City Commission approval
of the text amendment, Exhibit A (New Code Definitions) as
amended, subject to approval to discriminate
permanent and nonpermanent residents.
It was then moved by Ms. Plume, seconded by Mr. Andrews
and carried 7-0 to recommend to the City Commission
approval of the text amendment, Exhibit B as amended,
subject to the following modifications:
- delete "motels" from the GC General Commercial and SC
Specialized Commercial Districts; and,
- the following standards are required for minimum
square footage for occupancy for Bed & Breakfast and
Boarding Homes:
90 sq.ft. ( single) ; 120 sq.ft. (double) and 150
sq.ft. (triple) .
• P & Z Board Minutes
September 26, 1988
Page 8
Ms. Plume then made a motion, seconded by Mr. Soloway and
carried 7-0 to recommend to the City Commission approval
of the text amendment, Exhibit C, as amended subject to
the following modifications:
- add District Boundary Regulations to Supplemental
Regulations (D) (e) ;
- delete "Resort" from the Allowed Uses and add to the
Conditional Uses; and,
- amend the language under "Purpose" to read as
follows: "the R/T shall only be applied to territory
which is designated as commercial and industrial.
It was then moved by Ms. Plume, seconded by Ms. Sumrall
and carried 7-0 to recommend to the City Commission
approval of the text amendment, Exhibit D.
The Board directed staff to establish guidelines for
resorts.
The meeting was adjourned at 10: 45 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the minutes of the meeting of
said body for September 26, 1988, which were formally adopted and
approved by the Board on
Celeste McDonough
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes.
They will become so after review and approval, which may involve
some changes.
•
N r N [y•
MINUTES OF THE PLANNING AND ZONING BOARD •
PUBLIC HEARING/REGULAR MEETING
CITY OF DELRAY BEACH
MEETING DATE: DECEMBER 19, 1988
LOCATION: CITY COMMISSION CHAMBERS
100,N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I . CALL TO ORDER:
The► meeting was called to order by Chairman Plume at 7: 00
P.M. Upon roll call it was determined that a quorum was
present.
Members Present: Plume, Andrews, Bridges, Coopersmith,
Schmidt, Soloway
Absent: None
Staff Present: David Kovacs, Paul Dorling, Jeff Costello
II . ON THE APPROVAL OF THE MINUTES of October 17, 1988, Mr.
Schmidt stated that the record reflected that he had
stepped down from the Board for Item (B) and requested
that the record reflect that he also had stepped down for
Item (C) . It was then moved by Mr. Soloway, seconded by
Mr. Andrews and passed 6-0 to approval the Minutes of
October 17, 1988 as amended. It was then moved by Mr.
Soloway, seconded by Ms. Coopersmith and passed 6-0 to
approve the Minutes of October 24, 1988
Consideration of the following Minutes was deferred to a
later meeting:
- August 5, 24 and 28th, 1987
- September 21, 1987 and October 19, 1987
- July 18, 1988 and July 25, 1988
- August 15, 1988 and August 22, 1987
- September 19, 1988 and September 26, 1988
1 - November 21, 1988
December 19, 1988
Page 2
Item V.C. was brought forward on the agenda prior to the Public
Hearings.
V. PLANNING AND IMPLEMENTATION ITEMS
C. Determination of Use: Yacht Clubs as a Conditional Use in
the RM-15 Zone District:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report.
There were no questions and the Chairman turned to the
Board for comment and action.
It was then moved by Mr. Bridges, seconded by Mr. Soloway
and passed 6-0 that "yacht clubs" is similar to "tennis
clubs" and "swim clubs" and, as such, is allowable as a
conditional use in the RM-15 and RH Zone Districts.
The Board then returned to the Public Hearings.
III. PUBLIC HEARINGS
A. Dorson Rezoning, Property at the Southwest Corner of
Congress Avenue and Lake Ida Road:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following items were
emphasized:
- that the attorney representing the property owner had
objected to the traditional zoning and required
zoning at the Planning and Zoning Board Special
Meeting on the Enclaves.
- that the City has adopted is the over commercial-
ization at intersections.
- that it is not compatible to have commercial
abutting residential
- that it would be inappropriate to have commercial
land use abutting single family homes along Davis
Road.
should the Board recommend all residential, than
staff should recommend high density of 15 units per
acre.
- that the recommendation of staff is a mix of the RM
designation (7 to 10 units per acre) .
1JCl;CnuJC1 .L 1 .i 'o o
Page 3
Mr. Michael Conners, Attorney representing the property
owner, informed the Board that his client preferred the
County' s zoning of commercial. He felt that it would be
appropriate to have southern portion zoned General
Commercial and Limited Commercial for the northern
portion.
Mr. Robert -Bence, Planner, and Landscape Architect,
addressed the Board and emphasized the following:
surround land, vehicular access to the property; and,
alternative development opportunities.
The Planning Director pointed out to Mr. 'Bence that the
property from Davis Road to the shopping center does not
have any commercial zoning and is zoned Planned Office
Center. He explained that at the time of the annexation
of the parcel on the corner, which was zoned "0" in the
County, Mr. Grocer was made a nonconforming use.
Mr. Kovacs then informed those present that approximately
two years ago there was a very controversial zoning at the
corner of Linton Boulevard and Military Trail. The
proposal was to change from residential to commercial
zoning. A presentation was made to have a low intensity
commercial use and with that proposal the residents of
Shadywoods applauded the proposal but later realized that
they had made a mistake and that they should not have
listened to the petitioners.
There were no questions and the Chairman declared the
public hearing opened. The following individuals
addressed the Board:
Mr. Arthur Jackel, Chairman of United Property Owners,
felt that RH (high density) would be inappropriate for
this area.
Mr. Bernie Benklow,resident of the Villas of Rainberry
Lakes , opposed the change in zoning because he felt that
high density zoning would decrease the value of homes in
the area.
Ms. Phyllis Harco, resident of Rainberry Bay, stated that
a that low density single family community was an
incentive for her to move to this area.
Mr. Joe Vedelli, representing the Board of Directors of
County Manors, was adamantly opposed to any commercial
zoning.
December 19, 1988
Page 4
Mr. Donald Albrough, representing the Board of Directors
of Rainberry Lakes, felt that the quality of life for
retirees should not be disturbed and opposed the rezoning.
Mr. Robert MacCallough, representing Delray Plaza, opposed
the MF designation and suggested POI designation. He was
concerned of vandalism and felt that if high density
residential units were built it would have an adverse
affect on the neighborhood.
There being no further questions the Chairman closed the
Public Hearing and turned to the Board for comment and
action.
Ms. Coppersmith cautioned the property owners present of a
commercial designation and stated that she would vote
apprehensively.
Mr. Bridges felt that there should be a controlled zoning
and suggested Planned Office Center designation. He felt
the downtown area should be protected and opposed
commercial zoning.
Mr. Andrews was opposed to commercial that would be too
close to residential and suggested the Planned Commercial
Center. He felt there was a need to relieve traffic
congestion at the Lake Ida/Congress intersection.
Mr. Schmidt liked the residential buffer to the north but
preferred PRD-L with a maximum of 6 units per acre. He
preferred that a developer submit plans for the Special
Activities District.
Because there were very few large parcels left in the
City, Ms. Plume felt that the approximately 18 acres be
developed as a total site. She preferred POC or PCC
zoning would be less traffic impact and would be more
compatible with LI to the south.
Mr. Kovacs stated that the POC zoning is more industrial
related and the POC would be more consistent with the Land
Use Plan designation. The residential possibility under
the POC designation is that residential would be developed
per the residential low zoning standards ( 3 to 6 units per
acre) . It would be unlikely to see a residential
development with such a low density and that it would go
to the office related development.
December 19, 1988
Page 5
The Chairman read the POC regulations into the record and
stated that the Planning and Zoning Board were very
sympathetic to the neighborhood.
It was then moved by Ms. Coopersmith, seconded by Mr.
Bridges and passed 6-0 to recommend to the City Commission
that the entire parcel be rezoned to POC (Planned Office
Center) .
Mr. Conners, Attorney representing the owner, stated that
he preferred GC or LC zoning because he felt that it would
be more compatible with the County' s zoning.
The Planning Director pointed out the the POC designation
would be the same intensity, the same character of use as
the uses allowed in the MF-10 and on that basis the POC
would be consistent with the MF-10 portion. _With regard
to the commercial portion] a less intense use would be -
consistent with the Land Use Plan.
Mr. Bridges expressed a conflict of interest and stepped down from
the Board for the following item.
B. Conditional Use - Fronrath Chevrolet Expansion North of 3rd
Street:
Mr. Kovacs introduced the item to the Board through a review of
the Staff Report. The following points were emphasized:
- that the existing repair facilities are a non-conforming
use.
- that the Apex Tire site is now proposed as a part of the
expansion. By combining these two sites there is a total
site area of less than 1.5 acres. Therefore, cannot be
established as an automobile related use under the
Specialized Commercial zoning.
- that an earlier condition was that this property would be
used in conjunction with the Fronrath operation.
He pointed out that it is the City Attorney' s
interpretation that aggregation of properties is not
possible because the properties are seperated by a street
rather than an alley and therefore are not contiguous.
that the recommendation is of denial based upon the
position that there is less than 1. 5 acres of automobile
related use and a non-conforming use.
December 19, 1988
Page f
- failure to be consistent with Visions 200 Policy Statement
addressing auto uses between S.E. 3rd Street and N.E. 4th
Street along Federal Highway.
- failure to be consistent with the City' s adopted Land Use
Policy with respect to transitional zoning around the
Central Business District.
failure of the development proposal to be consistent with
the Community Reddevelopment Plan which shows General
Commercial uses north of S.E. 3rd Street.
- shodid the Board recommend approval, the Planning Director
suggested that the City Commission initial an amendment to
the Zoning Code to allow the reduction of the use or to
allow the aggregation of properties across the street.
Mr. Mark Marsh, Architect, informed the Board that from a
technical standpoint the project has met all the City' s
requirements.
Mr. Michael Shannon, Attorney, representing Dennis Fronrath,
informed the Board that Lots 28 and 29 have been considered a
conditional use and will be demolished completely now that they
have been considered a non-conforming use.
Chairman Plume commented that the Dennis Fronrath Chevrolet
facility has outgrown the area.
Mr. Kovacs quoted from Section E of the Zoning Code which
states that lot and depth regulations may be "waived by the
City Commission after review and recommendation by the Planning
and Zoning Board for existing uses where it can be demonstrated
that it is not physically possible to achieve or it is not
feasible to assemble additional land to achieve. Further, "a
waiver may only be granted where all lots to be utilized for
the proposed use abut one another, except by an alley" .
There being no further questions the Chairman declared the
Public Hearing opened. The following individuals addressed the
Board:
Ms. Jean Beer, 945 Tropic Boulevard, stated that she did not
want to see any codes changed to accommodate this particular
petition.
There being no one else to be heard the Chairman closed the
Public Hearing and turned to the Board for comment and action.
December 19, 1988
Page 7
It was then moved by Ms. Coopersmith, seconded by Mr.
Schmidt and passed 5-0 to recommend to the City Commission
denial of the Conditional Use based upon the following:
- failure to meet the minimum depth and area
requirement pursuant to Section 173.510(A) (a) (c) and
Section 173 . 510(A) ( 1) (d) ;
- failure to be consistent with Visions 2000 Policy
Statement addressing auto uses between S.E. 3rd
Street and N.E. 4th Street along Federal Highway;
failure to be consistent with Land Use Policy Guides
with respect to transitional zoning around the CBD;
and,
- failure of the development proposal to be consistent
with the Community Redevelopment Plan which shows
General Commercial uses north of S.E. 3rd Street.
Mr. Bridges then returned to the Board.
C. Conditional Use - Happy Times Day Care, Southwest Corner
of S.W. 1st Avenue and S.W. 2nd Street:
Mr`:'rovacs' 'introduced the-- item to the Board through a
review of the Staff Report. The following points were
emphasized:
- recommended denial based upon the imcompatible nature
of the development with the surrounding residential
neighborhoods and the fact that there is currently a
concentration of day care center within the immediate
area.
There were no questions and the Chairman declared the
Public Hearing opened. The following individuals
addressed the Board:
Ms. Mamie Owens, applicant, stated the need for child care
centers for working mothers.
Mr. Phillip Owens, informed the Board that the neighbors
are willing to overlook any possible increase in traffic
because of the need for this center in this area.
Ms. Mary Frances Wright stated that she supported the
proposal.
December 19, 1988
Page 8
Mr. Arthur Patterson, presented revised site
plans to the Planning Director.
There being no one else to be heard the Chairman declared
the Public Hearing closed and turned to the Board for
comment and action.
Mr. Schmidt inquired as to the data used by staff to
determine the need for child care centers.
Mr. Andrews expressed concern of the traffic impact on
S.W. 2nd Avenue and felt that this particular site is too
small and not appropriate for this location.
It was then moved by Mr. Andrews, seconded by Mr. Schmidt
and passed 5-1 (Soloway dissenting) to recommend to the
City Commission denial of the Conditional Use rrequest
based upon negative findings with respect to Standand H
(compatibility) , and Standard J (economic effect) of
Section 173 . 848 (Standards for Evaluating Conditional
Use) .
Chairman Plume explained to the applicant the reasons for
denial and suggested that the petitioner look for an
alternative location.
Mr. Bridges expressed a conflict of interest and stepped down from
the Board for the following item.
D. Rezoning, City Hall Complex and Contiguous City Property:
Mr. Kovacs introduced the item through a review of the
Staff Report. The following was emphasized:
CF Community Facilities designation is recommended
for the total of the property
There were no questions; therefore the Chairman declared
the Public Hearing opened. There being no one to be heard,
the hearing was closed and the Chairman turned to the
Board for action.
It was then moved by Mr. Soloway, seconded by Mr. Schmidt
and passed 5-0 to recommend that the CF Zoning District
designation be applied to the entire property.
December 19, 1988
Page 9
_ . . .a section of the tapes was blank during most of this
discussion and all the way to Enclave #24.
IV. PROJECT REVIEW ITEMS
A. Site Plan - City Hall
Mr. Kovacs introduced the item through a review of the
Staff Report. The following items were emphasized:
that parking is a major issue. He suggested that the
Board review the site plan and that staff will
recalculate the parking requirements. He then
stressed that parking be planned on the north end of
• the property.
•
- that there will be a second access entry onto N.W.
2nd Street (Martin Luther King Boulevard) which will
then become a collector street.
- that there is a requirement for 48 compact parking.
He recommended that 300 of compact spaces be required
because all City owned vehicles are compact cars.
Mr. Mark Marsh, Architect, informed the Board that parking
had not as yet been addressed on the north side of the
property. He then asked for a clarification as to a
landscape buffer requirement because he had originally
been informed that the required height for a landscape
buffer was 5 feet and was now informed that it should be
10 feet.
Mr. Kovacs explained that a code requirement is that there
be a 15 ' landscape buffer when CF zoning abutts single
family residential zoning or it could be 10 ' if a hedge is
provided on N.W. 2nd Avenue.
REFERENCE was made to not requiring the granting of a variance by
the Board of Adju4ent to allow reduced parking space requirements —
( #3 )
He then suggested that the Board amend the list of
conditions as follows: that paragraph # 1 be changed to
reflect 300 of compact parking be provided; paragraph # 2
be deleted; that paragraph # 3 be clarified to reflect
that the current parking requirements be met; and, the
deletion of paragraph # 4.
December 19, 1988
Page 10
There being no questions the Chairman turned to the Board
for action.
It was then moved by Mr. Soloway, seconded by Mr. Schmidt
and passed 5-0 to recommend to the City Commission
approval of the Site Plan upon positive findings to
Section 173.867 (Standards for Evaluating Site Development
Plans) subject to items one through eight nine
. . . .under Technical Items: and,
recommend approval of the Administrative Relief request to
provide 43 compact parking spaces; and
recommend that the 127 proposed parking spaces adjacent to
the Public Utilities trailer be funded and installed as
part of Phase I development.
provide funding for Phase II -
B. Site Plan - Professional Office in the RO Residential
Office Area, Swinton North of Atlantic Avenue:
Mr. Kovacs introduced the item through a review of the
Staff Report. The following items were emphasized:
- that the request for variances from the Historic
Preservation Board be granted.
- that approval must be obtained for the parking
surface material from the City Engineer and/or the
Historic Preservation Board once a determination as
to the appropriate channel of authority is made.
- that recordation of a Unity of Title be acceptable
to the City Attorney.
Mr. Christopher F. O'Hare, owner of the property, stated
that he had spoken to the City Engineer and the Chief
Building Official and that several issues have been
resolved.
At this point, Mr. Bridges then returned to the Board.
There being no questions, the Chairman turned to the Board
for comment and action.
December 19, 1198E
Page 11
It was then moved by Mr. Soloway, seconded by Mr. Schmidt
and passed 5-0 (Mr. Bridges abstaining) to recommend to
the City Commission approval of the site plan to allow the
change of use subject to the following conditions:
that the request for variances from the Historic
Preservation Board as identified under "Other
Considerations" section of the Staff Report be
granted;
that the following items must be addressed prior to
the issuance of any Certificate of Occupancy:
- approval must be obtained for the parking
surface material from the City Engineer and/or
variance from the Historic Preservation Board
once a determination as to the appropriate
channel of authority is made.
- recordation of a Unity of Title acceptable to
the City Attorney.
recommend to the CC that pearock be allowed instead of gravel ,
C. Preliminary Plat - Exxon Gas Station at Atlantic Avenue
and Congress Avenue:
The Planning Director informed the Board that this item
was postponed - -_
The Board brought Item V.B. forward on the agenda.
V. PLANNING AND IMPLEMENTATION OF ITEMS
B. Proposed Code Amendments to "Flag Lots" :
Mr. Kovacs introduced the item through a review of the
Staff Report. The following items were emphasized:
- points made at staff meeting (Nov. 9th memo)
- subject to the addition of two additional items
•
Page 12
Mr. Michael Listick, Agent, referred to
Boca Raton' s Ordinance. . . .
Mr. Roger Saberson, Attorney, addressed the
Board compatibility with neighboring
properties. . .language
Ms. Elizabeth Matthews, representing the Beach Property
Owners Association, addressed the Board high
quality, etc,etc. .
•
Mr. David Leitmen, property owner,
There being no further questions, the Chairman turned to
the Board for comment and action.
It was then moved by Mr. Bridges, seconded by Mr. Soloway
and passed 4-2 that flag lots not be permitted
(Schmidt, Andrews, Coopersmith and Plume voting for
denial. Soloway and Bridges dissenting)
The Board then returned to the agenda.
A. Initiation of Rezonings in Enclave 24:
Mr. Kovacs introduced the item through a review of the
Staff Report and passed out colored maps to the Board
Members which designated the existing commercial and
proposed zonings.
The Chairman then allowed the following individuals to
addressed the Board:
Mr. and Mrs. Hannigan, owners of Lot #2, Eastview Avenue,
efficiency apartments referred to commercial
property owned by Frankhouse,
Mr. Kovacs explained that the property was zoned
commercial by the County and since the area was single
family, it was zoned Ri-A by the City upon annexation and
that public notification had been made.
December 19, 1988
Page 13
Mr. Michael Conners, Attorney representing Mrs. Yake,
property owner, stated that he had no objection to the
proposed zoning.
There were no further questions; therefore, the Chairman
turned to the Board for comment and action.
It was then moved by Mr. Soloway, seconded by Ms.
Coopersmith and passed 6-0 to recommend to the City
Commission initial rezonings re latest
exhibits as presented by staff
The meeting was adjourned at 10: 30 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the minutes of the meeting of
said body for December -19, 1988, which were formally adopted and
approved by the Board on
Celeste McDonough
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes.
They will become so after review and approval, which may involve
some changes.
MINUTES OF THE PLANNING AND ZONING BOARD I
CITY OF DELRAY BEACH, FLORIDA " '�'
f �,,
MEETING DATE: JANUARY 23 , 1989
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I. CALL TO ORDER
The meeting was called to order by Chairman Plume at 7: 00
P.M. Upon roll call it was determined that a quorum was
present.
Members Present: Chairman Plume, Andrews, Bridges,
Coopersmith, Plume, Schmidt, Shuler
Members Absent: None
Staff Present: David Kovacs, Stan Weedon, Paul Dorling,
Jeff Costello, Vickie Renna,
Celeste McDonough
II . APPROVAL OF THE MINUTES OF:
The Minutes of the meeting of November 21, 1989 were
before the Board. It was moved by Mr. Soloway, seconded
by Ms. Coopersmith and passed 7-0 to approve the Minutes
as presented.
P'
The inutes of severall meetings were deferred to a
subsequent meeting.
III. PUBLIC HEARINGS
S
Mr. 1 stepped down from the Board for the following item.
A. Auburn Trace Rezoning, R-1A to RM:
Mr. Kovacs introduced the item to th Board through a
review of the Sta f Report. crdi L a sywick.. lic , •y
There were ' no questionsw met' the Chairman then
declared the Public Hearing opened. There being no
one to be heard, the hearing was closed and the
Chairman turned to the Board for action.
It was then moved by Mr. Soloway, seconded by Mr.
Shuler, ` and passed 6-0 to recommend to the City
-Commission approval of an enacting ordinance on the
22 . 79 acre parcel from R-1A (Single Family
Residential) to RM (Medium to Medium High Density) .
Mr. •1 ' then returned to the Board.
P&Z Board Minutes
• January 23, 1989
Page 2
B. Flohr Rezoning RM-15 to SAD:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following items ere ,10k1-4
emphasized:
•
e—next -emcee-ti U►'�I"
ad i nrr Gt th
- should the Board look favorably upon the use but
not the intensity, the appropriate action would
be to ask the applicant if he would reduce the
• total number of units and redesign the project.
should the Board not support the use, then a
recommendation of denial would be forwarded to
the City Commission.
- that the Special Activities District is
consissten wit 1 the—Compre rencive an-
�iTaZ�z rn—r3—sro•���;1 cccrccc—�6—p�:�6�$6.3�-3�g.
- that Staff recommends that the request be denie
quit 'tnN. a is. . 14i hake u 111�b4j} 2
- not consistent with the Policy Cuidc
statement r-e-lative to e —emse—of SAD
zoning;
• that there is no change in circumstances in
c ze area—to warr tnt he—cha rge—f roi —
multi family to SAD;
- that there is a potential adverse impact
upon property values of permanent
residential units,
hat t- —would be gr a t g--a-very- r } i
privilege to the applicants in that other
=ems t,%moo= accommodations are net along
--
along AlA and not a use permitted in the--
- areas and,
that there is insufficient evidence to
support this application.
P&Z Board Minutes
• January 23, 1989
Page 3
The Planning Director read the following into the
record:
- a letter of opposition from Bermuda
High West
- a petition and excerpt of Minutes were received
from the Costa Del Ray Condominium Association
- a letter wac received from Currie, Schneider and
Associates correcting two issues listed in the
Staff Report
a postcard was received from John and Helen
. . .Rosen)-, 120 South Ocean Boulevard, in
opposition to high density commercial use
a letter was received from John F. Kennealy,
2225 South Ocean Boulevard, in favor of the
current RM-15 zoning to maintain the quality of
life
- a letter was received from Shirley House, 1017
Seagate, strongly objecting to the project
- a letter was received from Michael Hendrix, 2175
South Ocean Boulevard, in opposition to the
proposal.
Chairman Plume read the following into the record:
- a petition containing 85 signatures wac- rcccivcd
from the Coastal House, in opposition to the
proposal
- a petition containing 57 signatures in
opposition was received from the Court of Delray
There were not' questions. fin' •¶he Chairman declared the
Public Hearing opened. The following individuals
addressed the Board:
Ms. Elizabeth Matthews, representing the Beach Property
Owners Association, complimented staff for their objective
view and stated that the Association was adamantly opposed
to SAD zoning because they felt that the zoning is not
appropriate and that the quality of life should remain the
same. Ms. Matthews stated that the Association did not
feel that there is anything unique regarding this
particular proposal. She preferred the current RM-15
zoning and felt that SAD zoning would diminish property
values. She informed the that the City Commission, in
reviewing the Resort/Tou ism Ordinance at a recent
workshop meeting, stated t at they would be opposed to a
hotel/motel on AlA.
P&Z Board Minutes
• January 23 , 1989
Page 4
Mr. Bob Chapin, Attorney representing Bermuda High West,
stated that he had conducted personal research along AlA
()Mk, Vevm `l outlining that theeuse i 'snot considcrcd transit in nature
but residential in characterQaad kread the following into
the record: that property immediately adjacent to the
property on the east side of AlA consists of 15 permanent
residents with only one unit that is leased; Costa Del Ray
South contains 40 units and permits only one lease per
year with a minimum of a three month lease; the Pink Fancy
itindpcgr is vacant and has been for sale for many years;
Bermuda High South contains 22 units of icL5 are rente '.
for the season or annually; the D /a Beac Club; the
Fountain House contains 30 vil no leasing
permitted; a series of small y.eorts (the Breakers, 7
V A Caribbean Ocean Villas, Cay Coye, Colony Surf, and the
Colony Beach Club; Court of Delray ?r consists of 43
units with no leasing permitted; the Coastal House which
consists of 85 apartments.=with no leasing; Bermuda High
West which consists of ,46 apartments, no leasing unless a
hardship; five—snge family residences along Bermuda
Lane; De j Beach/Cl b Sht-i-tii consists of 77 apartments,
allowing one a per year with a minimum of three
months; the Outrigger which consists of 25 apartments,
one month minimum lease; and, the Penthouse of Delray
which consists of 80 apartments.
Mr. John Kenneally, 225 South Ocean Boulevard, stated
that his property is immediately adjacent to the hotelaand4e
opposed the proposal Gu,tg - "the following reasons:
preferred to keep the residential open space affect;
maintain the quality of life; maintain residential
density; control motor vehicle traffic and pedestrian
traffic; prevent shadows that would cast on the Villas of
Delray; preserve the view of the ocean that nature has
provided; and, did not wish to open a "Pandora' s Box" .
Dr. Robert Schwimmer, 2125 South Ocean Boulevard (Costa
Delray) expressed his concern of the population on the
beaches and the ecology of the area and felt that the area
should be preserved because of its uniqueness of character.
Mr. Tom Clemente, 2175 South Ocean Boulevard, opposed the
proposal because he felt that it would not be an
aesthetically pleasing project for the community.
Mr. John Campbell, 2220 South Ocean Boulevard, stated that
his property directly abuts the proposed hotel on the
west side of AlA and2objected the proposal.
P&Z Board Minutes
January 23, 1989
Page 5
Mr. Sakulsky, 2200 South Ocean, felt that SAD zoning would
depreciate the market value of all the surrounding
residences and condos.
Mr. Harry J. Kang, Director of the South Ocean Condominium
Ianers, stated that tho 10 unit condo was inadvertently
left off Mr. Chapin' s list.
Mr. Frank Lahodge, 2363 South Ocean, Highland Beach,
admanately opposed the project.
Mr. Dan Draper, Attorney, representing several property
owners in Highland Beach, felt that the proposed use
adjacent to residential would be inconsistent with the
Intergovernmental Coordination policy of the Comprehensive
Plan.
Ms. Beth -Reisner, Attorney representing the Camelot
Homeowners Association, Highland Beach, wished to correct
a statement regarding a three story building and pointed
out that that the building was never intended to be
residential.
Mr. Larry Henderson, 2225 South Ocean Boulevard, stated
that the Villas of Delray were opposed to the project.
Mr. Brian McManus, 2175 South Ocean Boulevard, felt that
the proposal is not suitable for SAD zoning.
Mr. Robert Currie, Architect for the proposed project,
addressed the Board explaining that the proposal is for a
100 unit hotel and that the intensity of use is the
essential concern. He further explained that his clients '
property taxes increased between 400 to 500 percent. Upon
protecting this increase they were informed that they were
not utilizing the potential of the site and that the new
tax rate reflected the potential of the site. They were
then told to go to the County and be rejected. The Flohrs
then made an application to the County, in the interim the
City encouraged them to be annexed into the City under the
Enclave Act. He continued that the existing use is that
of a hotel and the compatible zoning is RM-15, with the
possibility of rezoning to Resort/Tourism District but the
R/T was then denied by the City Commission. Mr. Currie
stated that a traffic study was submitted which reflected
that there would not be an adverse impact and would not
alter the level of service. He then presented pictures to
the Board and pointed out that his clients are not
realtors, as was stated previously, but merely property
owners.
ti
P&Z Board Minutes
January 23, 1989
Page 6
Ms. Mary Ann Marino, Town Manager for the Town of
Highland Beach, reiterated comments of opposition
that she had made to the Board at a workshop meeting
held on January 13, 1989. She pointed out that the
north end was rezoned and it was downzoned from
residential single family to Residential Estate which
zoning is more stringent. Ms. Marino felt that the
quality of life along the shores of Florida should be
preserved.
There being no one else to be heard the Chairman
closed the Public Hearing and turned to the Board for
comment and action.
Ms. Coopersmith felt that the property along the
coast should be low and residential in nature in
order to preserve the quality of life.
Mr. Bridges stated that he had mixed feelings and
felt that the property owners have a right to develop
their property. He felt that the mixed uses along
AlA added to the charm of the area. Mr. Bridges
responded strongly to a statement made during the
public hearing that people pollute the beaches as he
felt this statement was insensitive.
Mr. Soloway felt that SAD zoning is not consistent
with the Land Use Policy Guide statement and did not
want to increase the intensity of use.
Mr. Shuler sympathized with the applicants but felt
that the project would greatly affect the
neighborhood and concurred with staff findings.
Mr. Andrews complimented the architect on his work
but felt that the intensity is beyond reasonableness.
Ms. Plume felt that a 100 unit hotel is a commercial
use and could not vote to support this use.
It was then moved by Mr. Coopersmith, seconded by Mr.
Shuler and passed 6-1 (Bridges dissenting) that the
requested SAD rezoning be denied in that it does not
comply or meet with the standards which are to be
applied in the evaluation of rezoning requests as
follows:
Standard "A" - not consistent with the Policy
Guide with respect to the use of S.A.D. zoning.
"Standard "F" - although conditions in the area
have changed, they have not changed to such a
degree as to render the current zoning
inappropriate.
P&Z Board Minutes
January 23 , 1989
Page 7
"Standard "K" - a potentially adverse impact
upon property values of permanent residential
units and vacant land in the Town of Highland
Beach.
Standard "M" - the ability to establish resort
or hotel accommodations is not provided to
others along AlA.
Standard "Q" - sufficient evidence and arguments
have not been presented which would justify a
departure from existing policy.
\/ C. Enclave 24 Rezonings:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report.
There were no questions and the Chairman then
declared the Public Hearing opened. The following
individuals addressed the Board:
Mr. Michael Conners, Attorney representing the
property owner of approximately 17 acres, stated that
his client preferred the RM-6 designation.
Mr. Vince Ferrarie, owner of Lot 6 on Allen Avenue,
informed the Board that his property is surrounded by
commercial on three sides and felt that his property
should also be zoned commercial.
It was explained by Mr. Kovacs that the proposed
RM-10 zoning district has two non-residential uses
which could be accommodated. One is to be combined
with properties on Federal Highway which is to be
used for parking and the other is that under the
conditional uses in the RM-10 zoning district to be
used as office development. He recommended against
the General Commercial zoning because it would not be
practical to have a commercial use behind a primary
commercial use.
Mr. Jim Talbaker owner of lots . .inquired if
deed restrictions would take precedence over land
uses and zoning.
(,
P&Z Board Minutes
January 23, 1989
Page 8
The Planning Director explained that the use that a
person makes of the land is regulated by the City as
a public entity and by deed restrictions, which are
private. There are equal; whereby, whoever uses the
land has to comply with both. In response, if there
is a deed restriction on that particular property and
the private partner involved wants the deed
restriction to be adhered to, then the City cannot
make the use to be something else.
Mr. Kovacs continued that it would be appropriate for
the property to be rezoned to an open space category
as opposed to a reservation category. He explained
that the property will be shown on the Conservation
Element of the Comprehensive Plan that these five
parcels be preserved.
Mr. Hank Arnold or Arrow, 749 South Lake Avenue,
owner of Lots 21 and 22, asked what will happen to
1 the lane east of his property.
r; Mr. Kovacs stated that if and when there is a
u
-` development proposal on the property to the east,
staff would encourage that as much land as possible
be assembled in the development proposal.
Mr. Bruce McMann, owner of Lots 25 and 25 1/2 on
North Palm Trail, expressed concern as to the
possibility of N.E " 10th Avenue would be a dead
end street or would be tied in to North Palm Trail.
He felt that the dead end street offers protection
from the flea market traffic.
Mr. Kovacs stated that it is an existing right-of-way
and is undeveloped.
There being no one else to be heard the Chairman
closed the public hearing and turned to the Board for
comment and action.
P&Z Board Minutes
January 23 , 1989
• Page 9
It was then moved by Mr. Bridges, seconded by Mr.
Soloway and passed 7-0 to recommend to the City
Commission that the following rezonings be initiated:
Yake Property be rezoned from R-1A to RM-6
Lot 18, Block E
Hacienda be rezoned form R-1A to R-1A-C
Nitschke Property be rezoned from GC to RM-6
Costa Del Oro be rezoned from R-1A to RM-6
Toots 8 & 9,
Block 1, Kenmont be rezoned from LI to GC
South of Bond Way be rezoned from R-1A to R-1A-C
Lots B,C,D,& E
1 Kenmont be rezoned from R-1A to CF
111)1.
exception of Mr. Ferrarie's property
Mr. Bridges stated a conflict of interest and stepped down from
the Board for the following item.
D. Mayfair Animal Hospital (Surles Building) Conditional
Use Request and Attendant Site Plan:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following items were
emphasized:
- that the property had been zoned commercial due
to an error on the zoning map which should have
been residential. The zoning map was corrected
to reflect a commercial zoning of Specialized
Commercial.
- that there is a question as to whether the total
site upgrading is required under the conditional
use approval.
suggested that the main entry should be directed
toward the parking lot.
P&Z Board Minutes
January 23 , 1989
Page 10
- that the front of the building will have to be
landscaped and the applicant will need to
receive a driveway permit to improve the
condition of the sidewalk and curb cuts along
Federal Highway.
Dr. Jim Grubb, Veterinarian, and Mr. Mark Vlaskek, Agent,
presented a rendering to the members and stated they had
no objections and will work with staff to upgrade the
property. Mr. Vlaskek informed the Board that there will
be only 4 to 5 small animals that will stay overnight
recovering from surgery.
There # being no further questions, the Chairman then
declared the Public Hearing opened. The following
individuals addressed the Board:
Mr. Kovacs stated that a letter in opposition was received
from Mr. Eli Behar.
Mr. John Daley, President of the Barrton Condominium
Association, presented a petition with 111 signatures to
the Board in opposition to the proposal stating the
following issues:
- that the proposed use is inappropriate and too close
to a residential area
- that the veterinary clinic presents a public health
hazard because of: 1) poor sanitary conditions; and,
2) possible health hazards to nearby human beings
- real estate value at The Barrton could deteriorate
Mr. Daley then extended an invitation to the petitioner to
attend a meeting of the Association.
Mr. Art Ellerholtz, 555 South Ocean Boulevard, informed
the members of the Board that Mr. Daley is a physician and
added the following comments:
- residents of The Barrton pay high taxes and wished to
maintain a high quality of living
- questioned the use of an animal exercise area
that the porches of 13 floors of apartments would
face this exercise area
P&Z Board Minutes
January 23 , 1989
Page 11
1 ' Mr. Kierin (Hugh) ? "Brittle" , resident of The Barrton,
expressed concern of drainage.
Mr. Michael Weiner, Attorney representing Mr. Surles,
property owner, felt that a property owner has rights and
that his client has been working to upgrade the property.
Mr. Neil Wood, 415 S.E. 7th Avenue, stated that he was
opposed to the proposed use.
Dr. Grubb, Vegetarian, stated that he did not wish to be
offengive and invited residents of The Barrton to visit
his facility.
Mr. Leon Surles, informed the Board that he has owned the
building for thirty years and stated that there had never
been a water problem in the building and that the drainage
plans had been approved by the Engineering Department in
April 1988.
There being no one else to be heard the Chairman closed
the public hearing and turned to the Board for comment and
action.
Mr. Schmidt felt that the property has been an eyesore and
that the proposal would definitely be an asset to the
City.
Mr. Shuler stated that the proposal would be a great
improvement to an existing eyesore and pointed out that
the animal clinic could be closely monitored by the City' s
Code Enforcement Division.
Mr. Soloway also felt that the proposal would be an asset
and that any code violations could be closely monitored.
Ms. Coopersmith stated that this particular use would be
more appropriate on Congress Avenue or in an industrial
zone. She felt that the clinic would not be an
appropriate use so close to a residential area and that
the owner has the opinion to choose other uses for the
building.
Mr. Schmidt disagreed with staff ' s interpretation of the
necessity of a replat.
The Planning Director responded that he would discuss the
replat issue with the City Engineer.
P&Z Board Minutes
January 23 , 1989
Page 12
It was then moved by Mr. Schmidt, seconded by Mr. Shuler
and passed 3-3 (Schmidt, Shuler and Soloway voting for
approval; Andrews, Coopersmith and Plume dissenting) to
recommend approval of the Conditional Use and Attendant
Site Plan subject to the following conditins:
a. Submittal of evaluations and a landscape plan meeting
the requirements of Chapter 159 and subject to
approval by the Community Appearance Board of these
plans prior to the request going before the City
Commission for final action;
b. Subject to comments (1) through (6) under the "Other
Code Items" section of the Staff Report;
c. Subject to a positive recommendation for a waiver to
the City Commission from Chapter 159. 30 to reduce the
required perimeter landscaping strip from five feet
to two feet along the south property line adjacent to
the driveway;
d. A positive recommendation for a waiver to the City
Commission from Section 102. 22 (A) via Section 102.22
(C) per a positive recommendation from the City
Engineer, to reduce the minimum driveway width from
24 feet to 19 feet 6 inches to provide a 30" curbed
area adjacent to the south building face and two
landscape strips from the wall along the south
property line;
e. Subject to the submittal of a site plan to the
Planning and Zoning Department addressing comments
outlined under the "Technical Code Item" section of
the Staff Report. The site plan would be processed
as a modification and administratively reviewed prior
to City Commission action; and,
subject to the following additional ( 3 ) conditions:
f. That the floor area for the animal hospital cannot be
expanded beyond that which is initially approved;
g. That animals may be kept in the facility only for the
period which is necessary to recover after surgery or
other medical procedures; and,
h. That no boarding or outdoor exercise areas be allowed
or provided.
P&Z Board Minutes
January 23 , 1989
Page 13
IV. LAND USE ITEMS:
A. Site Plan, Pier I Imports
Mr. Kovacs introduced the item through a review of
the Staff Report. The following items were
emphasized:
- the applicants ability to obtain easements from
the South Delray Shopping Center regarding water
and sewer and utilities in regard to landscaping
on the north property line.
that the owner requested seeking some relief
from condition (1) which states that a plat be
approved prior and recorded prior to the
issuance of any building permits prior to a
Certificate of Occupancy.
- Staff could accommodate a delay of the final
plat but recommends that at least a preliminary
plat be approved and a determination made that
any outstanding items are not critical to the
project.
that he would find it acceptable to amend
condition (1) that the preliminary plat be
approved by the Planning and Zoning Board prior
to the issuance of any permits.
Mr. Michael Botos, Attorney, and Mr. Peter Mines,
Architect, requested that condition (4) under "Technical
Review Items" in the Staff Report be deleted. The
condition reads as follows: "the walkway on the east side
of the building exits into a parking space. Relocate
parking space in order to provide easy access to the
building" .
After a brief discussion, it was the consensus of the
Board to delete this requirement.
It was then moved by Ms. Coopersmith, seconded by Mr.
Soloway and passed 6-0 to recommend to the City Commission
approval of the Site Plan subject to the following
conditions:
1. Prior to the issuance of building permits, a
preliminary plat shall be approved by the Planning
and Zoning Board and a determination made that there
are no outstanding items which affect the ability of
the project to receive services or which will require
redesign.
P&Z Board Minutes
January 23, 1989
Page 14
2. That verification from FP&L and Southern Bell be
provided along with the plat submittal addressing the
adequacy of the existing three ( 3 ) foot utility
easement.
3. It is the responsibility of this development to
construct the access connection within the South
Delray Shopping Center if an easement is granted
prior to the issuance of buildings permits.
4. That specific approval be obtained from the Building
pepartment for the proposed business sign along U.S.
Highway No. 1.
5. That the site plan be revised addressing the items
(1) , (2) , and ( 3 ) under the "Technical Review"
section of the Staff Report.
Mr. Bridges stepped back up to the Board.
B. Preliminary Plat, Sherwood Forest:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following items were
emphasized:
- that since the first submittal the applicant has been
working for water and sewer services and will provide
a force main which creates a conflict with the lift
station and conflicts with the landscaping. Also,
the revised plan shows waiving the balance of the
water main and the requirement for the sidewalk
installation. He explained that staff will not
require the 30 ' of landscaping off Atlantic Avenue at
this time but the developer will plant the trees
along Atlantic behind the property line.
- the applicant has to negotiate with the County in
getting approvals for the intersections and the
signalization coordinated. Staff recommends that the
signalization for the entry road be in place prior to
occupancy permits for a production unit and that
direct access from Barwick will be used (can continue
to use Sherwood Forest) .
- Staff recommends that the parking lot be upgraded and
the renovation of the clubhouse will be tied to first
occupancy of a production unit.
P&Z Board Minutes
January 23 , 1989
Page 15
There being no questions the Chairman turned to the Board
for action.
It was then moved by Mr. Bridges, seconde y Mr. Schmidt
and passed 7-0 to recommend approvt.13 Preliminary
Plat subject to the Engineering Plat Items (1) thru (10) ;
Landscape Code Items (1) thru (10 ) ; Technical Code Items
(1) thru (6) and subject to the following (7)
supplementary conditions:
1. A positive recommendation to the City Commission for
the granting of a waiver from Section 173.030(K) to
Glefer installation of the required 30 foot landscape
strip along Atlantic Avenue, except for street trees,
until development of the Atlantic Avenue frontage.
2. A positive recommendation to City Commission for the
granting of a waiver from Section 172.17 from the
installation of the required five foot sidewalk along
Atlantic Avenue.
3 . Subject to clarification of the landscape
treatment/conflicts with utilities along west
property line.
4. Subject to submittal of a cross-section diagram
showing position of utilities including, water,
sewer, gas, telephone, power and cable with sign-offs
from the appropriate utility companies.
5. Subject to a recommendation to defer installation of
the six-inch water main along the Atlantic Avenue
until development of the Atlantic Avenue frontage.
6. Subject to the clubhouse and executive golf course
parking lot installation prior to the Certificate of
Occupancy on the first production unit.
7. Subject to the installation of the entry road and
signalization at Atlantic Avenue prior to the
Certificate of Occupancy on the first production
unit.
P&Z Board Minutes
January 23 , 1989
Page 16
C. Preliminary Plat, Sherwood Pontiac (north addition) :
This item was postponed to the Planning and Zoning
Board Regular Meeting to be held on February 20,
1989.
D. Final Plat, Gulf stream Motor Lodge:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following items were
emphasized:
- that all previous conditions have been met
- recommended that a hedge be provided on the
south property line
It was then moved by Mr. Soloway, seconded by Mr.
Bridges and passed 7-0 to certify the plat as
acceptable as a final plat subject to the following
conditions:
1. That prior to the consideration of the final
plat by the City Commission the following
conditions shall be addressed:
- provide documentation for off-site utility
easement to cover the utility connections
within the Delray Mall must be provided and
accepted.
- provide documentation for off-site
easements in order to allow utility
connections to traverse over the Lambert
Trailer Court and the Acquilano
Professional Plaza properties.
2. That all the conditions noted under the
"Technical Review" section of the Staff Report
be addressed prior to any consideration by the
City Commission.
P&Z Board Minutes
January 23, 1989
Page 17
Mr. Schmidt stepped down from the Board for the following item.
E. Final Plat, Barwick Ranch Subdivision:
Mr. Kovacs introduced the item through a review of
the Staff Report. The following items were
emphasized:
that a letter was received from the City
Attorney to the applicant an agreement to
provide water lines and to extend
sewer
Mr. George Abou-Jaoude, Agent, stated that he had no
objections to the list of conditions.
Although not a public hearing, the Chairman allowed
the following individuals to speak;
Mr. Joseph Brisson, 13387 Barwick Road, to address
the Board. Mr. Brisson was interested in the future
plans for property owners in the area and, expressed
concern of the right-of-way.
Mr. Tom Hatcher, owner of two five acres, informed
the Board that the property was subdivided in 1969 in
order to provide ranchetts
It was then moved by Mr. Soloway, seconded by Mr. Shuler,
and passed 5-1 (Coopersmith dissenting) to recommend
certification as a final plat subject to compliance with
the following conditions prior to final action by the City
Commission:
a. Subject to the installation of the water main along
Palm Ridge Boulevard along the north half of the
right-of-way;
b. Subject to Engineering Plat Items ( 1) through (17) ;
c. Subject to the Technical Review Items (1) and ( 2) ;
and,
d. Subject to acceptance and signoff of water, sewer,
drainage, and paving plans including permit approvals
from SFWMD, LWDD, DER and Palm Beach County Health
Department.
P&Z Board Minutes
January 23 , 1989
Page 18
V. PLANNING AND IMPLEMENTATION
A. Determination of Use: Auto Emissions Testing
Facility:
Mr. Kovacs introduced the item through a review of
the Staff Report.
There were no questions; therefore the Chairman
turned to the Board for action.
It was then moved by Mr. Bridges, seconded by Mr.
Shuler and passed 6-0 (Coopersmith abstaining) to
It( -.recommend that "auto emissions testing facility" is
similar to the type of activity which is associated
with services provided at an automobile gasoline
(service) station and that it be allowed as a
conditional use in the GC, LC, CC and SC zone
districts.
B. Determination of Use: Awning Manufacturing in
Special GC Area:
Mr. Kovacs introduced the item through a review of
the Staff Report.
There were no questions; therefore the Chairman
turned to the Board for action.
It was then moved by Mr. Bridges, seconded by Mr.
Soloway and passed 7-0 to allow "awning
manufacturing" as similar to uses allowed pursuant to
Code Section 173.471(C) Special General Commercial
area within 400 feet of the F.E.C. Railroad between
N.E. 4th Street and S.E. 4th Street.
C. Determination of Use: Recycling of Materials in
Addition to Metal in the LI
Zone District:
Mr. Kovacs introduced the item through a review of
the Staff Report.
There being no questions the Chairman turned to the
Board for action.
P&Z Board Minutes
January 23 , 1989
Page 19
It was then moved by Mr. Bridges, seconded by Mr.
Soloway and passed 7-0 to allow "recycling of
materials in addition to metal is similar to other
uses allowed as conditional uses in the Light
Industrial Zone District and that it be listed as an
allowable conditional use.
D. Determination of Use: Gym (Exercise Facility) in the
SC Zone District:
Mr. Kovacs introduced the item through a review of
the Staff Report.
There being no questions, the Chairman then turned to
the Board for comment.
It was then moved by Mr. Bridges, seconded by Mr.
Shuler and passed 7-0 to allow a "gym" (exercises
facility with machines" as a permitted use in the
Special Commercial Zone District.
E. Determination of Zoning and Comprehensive Plan
Consistency: RM-10/RM Zoning under a POI Land Use
Map Designation:
Mr. Kovacs introduced the item through a review of
the Staff Report. The following items were
emphasized:
Minto Builders requested to continue the
residential use to the balance of the property
at Linton Lakes (Spring Landing) and forego the
office portion.
would support the proposal because multiple
family residential uses are allowed in the POC
and the current development has been developed
under the POI Map designation.
Chairman Plume felt that by allowing 6 units per acre
would set a precedence for others to request 10
units.
T&Z Board Minutes
January 23, 1989
Page 20
Mr. Kovacs stated that the petitioner cannot go to
POC on the balance of the property because the POC
limits the multi-family density to six units and that
they would like an overall 10 units on the total
holdings. In order to receive RM-10 zoning the Board
would have to find that the zoning is not
inconsistent with the Land Use Plan map; otherwise,
the Land Use Plan map would have to first be amended
which would mean a process of going to the State.
It was then moved by Mr. Soloway, seconded by Mr.
Bridges and passed 4-3 (Schmidt, Bridges, Coopersmith
and Plume to determined that the zoning designation
of RM-10 is not inconsistent with the Land Use Map
designation of POI.
Mr. Schmidt stated that he was not opposed to this
particular expansion. He felt that the Board would
be setting a bad precedence to change the land use
designation to allow up to 10 units.
A call for a reconsideration of the motion was then
made by Mr. Bridges, seconded by Mr. Andrews and
passed 7-0 .
It was then moved by Mr. Bridges, seconded by Mr.
Andrews and passed 6-1 (Schmidt dissenting) to
recommend that the zoning designation of RM-10 is
inconsistent with the Land Use Map designation
of POI.
The action on this determination will not prejudice
the decision of zoning that will eventually appear
before the Board.
VI. REPORTS AND COMMENTS
A. Board Members: No comments by Board Members.
B. Staff:
1. Proposed Schedule for LUP 1989-1 :
It was the consensus of the Board to accept
scheduling for Land Use Plans 1989-1 as
receommended by Staff.
should schedule follow or leave as is?
P&Z Board Minutes
January 23 , 1989
Page 21
The Planning Director announced the resignation of
Phyllis Plume, Chairman of the Board, because of
personal reasons.
The meeting was adjourned at 11:15 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting.
of said body for January 23, 1989, which were formally adopted
and approved`by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as
indicated above, then this means that these are not the official
Minutes. They will become so after review and approval, which
may involve some changes.
AA-
•
MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH, FLORIDA
MEETING DATE: APRI1 989
TYPE OF MEETING: PUBLIC HEARING/REGULAR MEETING
LOCATION: CITY COMMISSION CHAMBERS, CITY HALL
I. CALL TO ORDER
The meeting was called to order by Vice Chairman Soloway at
7: 00 P.M., Upon roll call it was determined that a quorum was
present.
Members Present: Vice-Chairman Soloway, Bridges, Coopersmith,
Schmidt, Schneider, Shuler
Members Absent: (one vacancy)
Staff Present: David Kovacs, Paul Dorling, Vickie Renna,
Jeff Costello, Celeste McDonough
II . CONSIDERATION OF MINUTES:
The Minutes of the meetings of February 27, 1989 and March 20,
1989 were before the Board.
It was moved by Mr. Schmidt, seconded by Mr. Shuler and carried
6-0 to approve the Minutes of February 27, 1989.
It was then moved by Mr. Schmidt, seconded by Mr. Shuler and
carried 6-0 to approve the Minutes of March 20, 1989 .
The Minutes of the following meetings were deferred to a
subsequent meeting.
- August 5 , 24 and 28th, 1987
- September 21, 1987 and October 19, 1987
- July 18 , 1988 and July 25 , 1988
- August 15, 1988 and August 25 , 1988
- September 19, 1988 and September 26 , 1988
- December 19 , 1988
- January 23 , 1989
r.'ocG tbOalu L1111�1CJ
'April 17, 1989
Page 2
III . ELECTION OF OFFICERS
It was the consensus of the Board to place this item last on
the agenda.
IV. PUBLIC HEARINGS
The Board considered Items (A) (Local Land Use Plan Amendment)
and (B) (Rezoning) jointly: •
A. Continued Hearing re Local Land Use Plan Amendment,
Southeast Corner of Lake Ida Road and Davis Road,
Office to Commercial:
Continued Hearing Re Rezoning from POC to LC or NC,
Southeast Corner of Lake Ida Toad and Davis Road:
Mr. Kovacs introduced the item through a review of the
Staff Report.
Mr. Roger Saberson, Attorney, stated the owner will be
happy to work with the City on the notification to
property owners within 500 ft. of the property; and, in
the event the request is not reconsidered within 92 days,
the request will be considered withdrawn.
There being no questions the Vice-Chairman declared the
Public Hearing opened. The following individuals
addressed the Board:
Ms. Jay Slavin, resident of Rainberry Bay, objected to the
fact that the applicant requested a continuance and
requested that the Board decline additional continuance of
this request. Ms. Slavin felt that the owner of the
property has the option of other allowable uses for that
site.
Mr. Arthur Jackel, 784 N.W. 25th Avenue, 7
In response to Ms. Coopersmith' s questions relative to the
reasoning behind a 92 day extension, Mr. Kovacs responded
that he had suggested the 92 day extension as a reasonable
alternative amount of time, since the property owners will
be notified when the applicant is ready for submittal.
ruz, 33vaiAt
April 17, 1989
P4ge 3
There being no one else to speak the Vice-Chairman then .
closed the Public Hearing and turned to the Board for
action.
It was the consensus of the Board that this would be the
last continuance allowed until submittal.
It was moved by Mr. Schmidt, seconded by Mr. Shuler, and
passed 6-0 to grant an extension by or before July 17,
1989 with a notice to the applicant that no further
extensions will be considered.
A second motion was then made by Mr. Schmidt, seconded by
Mr. Shuler and passed 6-0 to recommend that the Plan
Amendment and Rezoning be continued within a time frame of
92 days but that prior to reconsideration, the applicant
shall provide proof of notice being mailed to property
owners within 500 ' of the property at least ten days prior
to the meeting date; and, in the event the request is not
reconsidered within 92 days that it be considered
withdrawn.
C. The Oak School of Delray, Inc. Conditional Use for
Establishment of a School (St.Paul' s on Swinton) :
Mr. Kovacs presented the item to the Board through a
review of the Staff Report and recommended approval subject
to the condition that a non-impacting site plan be
submitted and that the site plan address all conditions as
listed in the Staff Report.
The Vice-Chairman then declared the Public Hearing opened.
The following individuals addressed the Board:
Mr. Ian Hanson, Agent, concurred with the Staff Report and
stated that additional parking would create an economic
hardship to upgrade the entire parking lot to full
standards.
Mr. Mouw, representing St. Paul' s Episcopal Church, asked
that the Board overlook the upgrading of the total
property.
There being no one else to be heard the Vice Chairman
closed the Public Hearing and turned to the Board for
comment and action.
The Board, after brief discussion, concurred that the site
did not need to be upgraded to full standards.
P&Z Board Minutes
April 17, 1989
Page 4
It was then moved by Ms. Coopersmith, seconded by Mr.
Schneider and passed 6-0 to recommend to the City
Commission approval of the conditional use to accommodate
establishing a Kindergarten thru 3rd Grade elementary
school subject to a submission of a non-impacting site
plan modification addressing drop-off area improvements as
outlified under the Site Plan Analysis Section of the Staff
Report.
D. Linton Lakes II Rezoning, POC to RM-10:
Mr. Kovacs introduced the item through a review of the
Staff Report and stated that a residential zoning of RM-10
would be most straightforward.
Mr. Henry Handler, Attorney representing the applicant,
then addressed the Board and introduced the following: Mr.
Mike Greenberg, President of Minto Builders, Mr. Henry
Posen, Executive Vice President of Minto Builders and Mr.
Walt Keller, Traffic Consultant. He stated that these
gentlemen were available to answer any questions by Board
members.
Mr. Craig Unger, Director of Planning and Engineering,
Minto Builders, complimented staff on the Staff Report.
Mr. Unger requested RM-10 Multiple Family zoning for the
entire property (8.6 units) and that a site plan will be
submittal in the near future.
There were no questions; therefore the Vice-Chairman
declared the Public Hearing open. The following
individuals addressed the Board:
Mr. Sam Schwimmer, resident of the Pines of Delray East,
informed the Board that the Board of Directors recently
met with the petitioners and that the development was in
favor as long as the development was in keeping with the
surrounding area.
Mr. Arthur Jackel warned the Board that any future request
for commercial would be adamantly opposed by residents;
otherwise he had no objections to the proposal.
There being no one else to be heard the Vice-Chairman
closed the Public Hearing and turned to the Board for
comment and action.
.- April 17 , 1989
Page 5
Board Comments:
Mr. Schmidt stated that he had previously voted against
this proposal because he felt that it is not consistent
with the Land Use Plan, although he felt the design was
acceptable. Until an interpretation is received from the
City Attorney to the contrary, he would vote against the
proposal.
Mr. Schneider had no objections to RM-10 zoning for the
entire site.
Mr. *Shuler felt that most concerns expressed at the
workshop meeting were met and had no objections to the
proposal.
Ms. Coopersmith was in favor of the proposal because she
felt the City was in desperate need of this type of
quality rental development.
Mr. Bridges felt that the design was good and liked the
access from Germantown Road. Mr. Bridges suggested that
the lake should be included in the density and felt that
the development would offer a mix of young people and
senior citizens alike. Mr. Bridges did not want the
petitioner to return to the Board for any commercial
requests in the future.
Mr. Soloway: felt that the applicant should not be
penalized and had no objection to include the lake in the
density calculations.
It was then moved by Mr. Bridges, seconded by Mr.
Schneider and passed 5-1 (Schmidt dissenting) to recommend
to the City Commission approval of RM-10 to accommodate
the entire multiple family residential development.
Mr. Bridges stepped down from the Board for the following item.
E. Silver Terrace Rezoning, RH to RO:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He pointed out that staff
will not request Miami Street and other adjacent streets
to be brought up to total standards on site but off-site
improvements be deferred or waived in totality. He
explained that all streets and improvements should be
completed at one time.
April 17, 1989
Page 6
Mr. Bob Feiderspeil, Attorney, was present to represent
this petition.
The Vice-Chairman then declared the Public Hearing opened.
The following individuals addressed the Board.
Ms. June Carr stated that she had no objections to the
rezoning and suggested that when the site plan is
submitted the parking does not spill over to adjacent
properties. Ms. Carr informed the Board that they should
be aware of flooding on the street, possibly where the
offe will be located, and that trucks have led to the
deterioration of the street.
There being no one else to be heard the Vice-Chairman
closed the Public Hearing and turned to the Board for
action.
It was then moved by Mr. Schmidt, seconded by Ms.
Coopersmith and passed 5-0 to recommend approval of the
rezoning request from PH to RO (Residential Office) upon a
finding of it being consistent with the Comprehensive
Plan and upon positive findings with respect to the
"Standards for Evaluating of Rezoning" request pursuant to
Section 173 . 88 of the Zoning Code.
Mr. Bridges stepped back up to the Board.
F. Annexation with Initial Zoning of S.A.D. , the Extra
Closet Along with Annexation of the Post Office (on
Military Trail) with Zoning of C.F. Community
Facilities:
Mr. Kovacs introduced the item through a review of the
Staff Report and stated that a letter dated April 11, 1989
was received from the Post Office objecting to the
Community Facilities zoning designation and preferred to
have the property retain its Commercial designation. He
pointed out that the Land Use Plan' s designation was CF
and that CF zoning reflected the current use rather than
that of a commercial designation.
There being no questions the Chair declared the Public
Hearing opened. There being no one to be heard, the
hearing was closed and the Chair turned to the Board for
action.
- JYOcL DVcilu 1'L111u 1.1:.J
April 17, 1989
Page 7
It was then moved by Mr. Bridges, seconded by Mr.
Schneider and passed 6-0 to recommend to the City
Commission approval of the Extra Closet annexation with
initial zoning of SAD Special Activities District and
recommend approval of the annexation of the Post Office
with initial zoning of CF Community Facilities.
Mr. Schmidt stepped down from the Board for Items (G) and (A) .
G. Day Care Center in Conjunction with the Auburn Trace
' Housing Development, Conditional Use Request:
Mr. Kovacs introduced the item through a review of the
Staff Report.
The Vice-Chairman declared the Public Hearing opened.
There being on one to be heard the Public Hearing was
closed and the Chair turned to the Board for action.
It was then moved by Mr. Schneider, seconded by Mr. Shuler
and passed 5-0 to recommend to the City Commission
approval of a day care center as a part of the overall
development subject to the following conditions:
1. Submittal of a complete landscaping plan to be
approved by the Community Appearance Board.
2. Subject to the designation of the Day Care Center as
a separate parcel within the plat submittal required
as a condition of approval with the overall Auburn
Trace Development submittal of a complete landscaping
plan and platting.
3 . Provide six foot perimeter fence around playground
areas.
4. Provide verification of figures used to calculate
internal square footage for centers capacity.
April 17, 1989
Page 8
V. LAND USE ITEMS
A. The Groves of Delray, Site and Development Plan,
Located North of Linton at S.W. 10th Avenue, Extended:
Mr. Kovacs introduced the item through a review of the
Staff Report. He pointed out that this project has a
long history and that several site plans have been revised
during the past two years. These site plans were rejected
because they did not comply with code. He then emphasized
the following:
- that the existing fence will not be used and that a
wall be built.
- that the Engineering Department has recommended that
the traffic circle be eliminated.
- suggested that the driveways be realigned so that a
jog does not occur. (This will involve some movement •
of buildings) .
- that sewer stub outs be provided to extend to
Strickland Road and S.W. 8th Avenue. This project
will need to "_ redesign the storm sewer systems.
- to provide a better pedestrian access.
- that the applicant accept Staff's recommendation
relative to the location of stabilized sod.
Mr. Matt Haggerty addressed the Board and introduced Ms. Debra
Turner, Landscape Architect. Ms. Turner preferred that the
traffic circles - - '_ remain and asked the Board if Conditions
(10 ) and (13 ) could be eliminated.
The Vice-Chairman allowed the following individual to address
the Board.
Mr. Les Stevens, Attorney representing residents of four
townhomes on Bessie Street, Mr. Stevens stated that this
development has gone through many metamorphosis over the years
and that six townhouses were build in that section. He
explained that his clients have been put in a position to deal
with many people over the years. The site plan eliminates
twelve parking spaces that are currently in existance that
access on Bessie Street. He suggested that the developer
dedicate some portion of Bessie Street.
•
Oc Gl>LJCZLuiai al u�.�..�
• • April 17, 1989
Page 9
The members of the Board stated that they felt that the
Planning Staff was gracious in its review and recommendation of
approval with conditions; however it was the consensus of the
Board that the proposal did not meet the standards for
evaluating a site and development plan.
It was then moved by Mr. Schneider, seconded by Mr. Bridges and
passed 4-1 to recommend denial based upon a failure to find the
proposal compatible with Standard "J" : "determination of the
suitability of the site plan, with particular attention to
assuring that the appearance and general layout of the
development will be compatible and harmonious with adjacent and
nearby properties and the City as a whole, so as not to cause
substantial depreciation of property values" .
Mr. Schmidt stepped back up to the Board.
B. Delray Beach Yacht Club Condominiums, Site and
Development Plan:
Mr. Kovacs introduced the item through a review of the
Staff Report. He following points were emphasized:
- suggested that the Board recommend to the City
Commission that the 3 waivers be granted: (1) a
widewalk along MacFarlane Drive; ( 2 ) an additional
right-of-way dedication; and, ( 3 ) an additional 5 '
landscape perimeter.
- that Administrative Relief be granted from the
multi-use parking requirements and for the use of
compact car parking.
- that legal counsels for the City and the applicant
will meet to determine if a plat is required.
Mr. Matt Gracey, Agent, was present to represent this
petition and stated that he had no objections to the list
of conditions.
In response to a question by Mr. Schmidt relative to the
notification of property owners, Mr. Kovacs pointed out
that the Beach Property Owners Association, the
condominium owners and the owners of single family homes
across from McFarlane Drive were notified of this
petition.
tec , UVC1tu ia.i♦a.. —�..
April 17 , 1989
Page 10
•
It was then moved by Ms . Coopersmith, seconded by Mr.
Shuler and passed 6-0 to recommend approval of the site
plan subject to the following:
1. Recommend to the City Commission that waivers be
granted to the following Code Sections:
i. Waiver of the sidewalk along MacFarlane per
Subdivision Regulation 172. 17(B) .
ii. Waiver of additional right-of-way dedication per
+ Subdivision Regulation 172. 16(P) .
iii. Waiver for the additional five ( 5) foot
landscape perimeter per Landscape Regulation
159.67(A) .
2. That Administrative Relief be granted from the
multi-use parking requirements per 173 .771(E) (2 ) . Or
that the parking requirement be established at 105
based upon the establishment of parking for a "yacht
club" as recommended by the T.A.C. ;
3 . That Administrative Relief be granted for the use of
compact car parking per 173 .771(F) along the
MacFarlane frontage in order to provide additional
streetscape landscaping;
4. Previously stated conditions within the "Standards
for Evaluating Site and Development Plan
Applications" section of the Staff Report; and,
5. Submission and approval of drainage calculations and
plans, along with the approval of the 12 unit condo
plat being approved.
C. Preliminary Plat, Andover Section III , R-1AA
Subdivision, South of Germantown Road:
Mr. Kovacs introduced the item through a review of the
Staff Report and pointed that Condition (5 ) has been
resolved (relative to how parking will be accommodated if
one car garage units are proposed.
DUalu
• . April 17, 1989
Page 11
Mr. Tom Fleming and Mr. Bill Maher, owners of the
property, addressed the Board and presented photographs to
the members. They pointed out that the lake is owned and
maintained by the Homeowner' s Association.
The applicants requested that if Conditions (4) and (5)
could be deleted and requested that permits for the new
water and sewer mains and roadway improvements to
Germantown Road be submitted at final plat.
Mr. Kovacs expressed concern of the landscaping plan. He
felt. that the trees on top of a force main was a major
problem.
After discussion, it was the consensus of the Board to
delete Conditions (4) and (5) and to amend condition (6)
to show proof of permits from DER, Palm Beach Health
Department and Palm Beach County.
It was then moved by Mr. Schmidt, seconded by Mr.
Schneider and passed 6-0 to recommend approval of the
preliminary plat subject to the conditions listed under
the Technical Review Section of the Staff Report. These
conditions are to be complied with in the final plat
submission.
A subsequent motion was then made by Mr. Schmidt, seconded
by Mr. Bridges and passed 6-0 to recommend to the City
Commission that waivers be granted from Code Sections
172.16(P) , 102. 22(A) and 172. 17(A) thus allowing a 40 foot
right-of-way with a 20 foot pavement section and a six (6 )
foot pedestrian pathway in lieu of sidewalks on both sides
of the streets.
D. Sherwood Forest, Final Plat, South of Atlantic Avenue
at Barwick Road:
Mr. Kovacs introduced the item through a review of the
Staff Report and pointed out that there are
inconsistencies between the landscaping plan and suggested
that condition (4 ) be modified to required landscaping
plans be approved by the Community Appearance Board prior
to the final plat being approved by the City Commission.
Mr. Don Sarlo, Agent, stated that he did not have any
objections to the list of conditions but did have a
problem with the landscaping plan. He preferred to use
"regularly used standards per landscaping regulations and
expected to have all permits within one week.
rOL .nvniu
April 1? , 1989
Page 12
•
Mr. Kovacs pointed that the the final plat cannot be
forwarded to the City Commission with a list of
outstanding conditions. He explained that all permits &
CAB approval need to be in hand prior to certification of
the plat. The Planning Director suggested the complete
submittal be thoroughly reviewed and accepted by the City
Horticulturist.
It was then moved by Mr. Schneider, seconded by Mr. Shuler
and passed 5-1 (Schmidt dissenting) to recommend to the
City Commission certification of the final plat subject to
a waiver from Section 159. 29 (trees forty feet on center)
at points where the internal roadway crosses the LDWW
Canal and subject to conditions (1) through (6) as listed
in the Staff Report; and, subject to Condition (4) being
modified to read "complete submittal to be thoroughly
reviewed and accepted by the City Horticulturist".
Mr. Bridges stepped down for the following item.
E. Delray Auto Grooming, Site Plan/Conditional Use
Extension Request, N.E. 2nd Street at N.E. 2nd Avenue:
Mr. Kovacs introduced the item through a review of the
Staff Report.
It was then moved by Ms. Coopersmith, seconded by Mr.
Schneider and passed 5-0 to recommend to the City
Commission grant an eighteen ( 18 ) month extension of
approval for the conditional use and site plan approval.
Mr. Bridges then returned to the Board.
VI. PLANNING AND IMPLEMENTATION
A. Change of Street Name, Coconut Row (Road) :
Mr. Kovacs stated that the Board reviewed this item in
March and since that time notice had been given to four
property owners on Coconut Row of the intent to change the
name. He pointed out that Jonathan and Donna Dunn had
suggested that the name be changed to "Kyle Lane" . Other
suggested names were: "Ocean Breeze Road" , "Tidal Road"
and "Surf Road" .
It was then moved by Mr. Schneider, seconded by Ms.
Coopersmith and passed 6-0 to recommend to the City
Commission that the street name for what is now known as
"Coconut Row" be changed to "Kyle Lane" .
rac, 'lw alu 1liuul .
April 17, 198g
Page 13
•
The Board then returned to Item III on the agenda.
III. ELECTION OF OFFICERS:
Mr. Kovacs stated that official elections will be held in
October but due to the vacancy created by Ms. Phyllis Plume' s
resignation as Chairman of the Planning and Zoning Board there
is a need for two Vice-Chairmans to Chair the meetings in the
event one is absent. (Mr. Soloway, will act as Chairman until
the October' s election and Mr. Shuler will become First
Vice-Chairman.
It was the consensus of the Board to elect Mr. Bridges as 3rd
Vice-Chairman.
VII . REPORTS AND COMMENTS
A. Board Members
It was the consensus of the Board to meet on March 4th at
4: 00 P.M. to review applications for the Planning and
Zoning Board. It was then suggested by Mr. Soloway that
applications be referred by numbers instead of names.
These "numbers" will be referred to the City Commission
for appointment.
B. Staff
The Planning Director reminded the Board that the Regular
Workshop Meeting will be held on May 12, 1989 at 8: 00 A.M.
and the Regular Meeting and Public Hearings for the
Comprehensive Plan will be held on May 15, 1989 at 7 : 00
P.M. Other meetings will be announced in the near future.
. • April 17 , 1989
P.-age 14 1
The meeting was adjourned at 9 : 25 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting of
said body for
Celeste McDonough
If the Minutes that you have received are not completed as indicated
above, then this means that these are not the official Minutes.
They will become so after review and approval, which may involve
some changes.
Pr
MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
PUBLIC HEARING/REGULAR MEETING
MEETING DATE: May 15, 1989
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1st AVENUE, DELRAY BEACH, FLORIDA
I . CALL TO ORDER:
The meeting was called to order by Acting Chairman Soloway at
7: 05 P.M. Upon roll call it was determined that a quorum was
present.
Members Present: Soloway, Bridges, Coopersmith, Klaher,
Schmidt
Members Absent: Schneider ( 1 vacancy)
Staff Present: David Kovacs, Stan Weedon, Frank Spence,
Paul Dorling, Jeff Costello, Vickie Renna,
Celeste McDonough
Acting Chairman Soloway introduced a new member of the Board,
Mr. David Klarer, who was recently appointed by the City
Commission, and welcomed him to the Planning and Zoning Board.
II . CONSIDERATION OF MINUTES:
The Minutes of the meeting of May 8 , 1989 were before the
Board. It was then moved by Mr. Bridges, seconded by Mr.
Schmidt and passed 5-0 to approve the minutes as presented.
The Minutes of several meetings were again deferred to a
subsequent meeting.
III . PUBLIC HEARINGS:
A. Formal Hearing on the Proposed Comprehensive Plan:
A. Land Use Designation at Military Trail and Linton
Boulevard (Pugliese, represented by Urban Design
Studio) :
The Chair declared the Public Hearing opened. The
following individuals addressed the Board:
P&Z Board Minutes
May 15, 1989
•
Page 2
Bob Basehart, representing Pugliese' s Town Center,
requested that the City change the eastern 10 acres
to a Commercial designation as opposed to
Transitional so that a subsequent application can be
filed in order to allow the expansion of the approved
shopping center to accommodate an addition of
approximately 77,000 square feet. He cited the
success of the Albertson' s site and that the market
study reflects approximately 60, 000 residents. He
stated that the study also reflected that the area
can support over 2 .1 square feet of competitive
commercial use and over one half million square feet
can be justified in the area. Mr. Basehart also felt
that the project would not be creating any land use
conflicts and that traffic impacts would not
increase. Mr. Basehart then referenced the Staff
Report which indicated the primary concern of a 50 '
buffer along the north end of the site and the use of
the buffer area, the lake and vegetation on the
easterly portion of this site. He felt that these
issues are site plan related and not land use in
nature and that these issues could be addressed at
site plan review and subsequent rezoning.
Mr. Hugh Clinton, representing the Board of Directors
at Shadywoods, commented on the history of the
developer. He stated that the developer made many
promises everything and that the residents of
Shadywoods later discovered that the developer had no
intention of building as submitted. Mr. Clinton
considered the hospital as a central point and that
the office buildings are usually occupied with
professional tenants. He felt that the current
traffic congestion and an increase in
. retail/commercial space would have an adverse impact
on traffic.
Mr. Norman Ross, representing the Duncan Center,
adjacent to the proposed site, commented that the
developer is well known to the Board and to this
community with a history of broken promises, legal
threats and ruthless development. He then made
reference to a published article in the SOUTHEAST
REAL ESTATE NEWS which read "Shopping centers in
Southeast Palm Beach County are overbuilt with up to
12% vacancies in medium sized shopping centers.
P&Z Board Minutes
May 15 , 1989
Page 3
Mr. Ross commented that at the present time the City
has been active in promoting the downtown area and
the Delray Park of Commerce on Congress and he did
not feel it was wise to have unnecessary competition.
He felt that the proposed modification from office to
commercial or retail would increase an additional
demand of up to 7,000 gallons of water per day (or 2
1/2 million of gallons per year) . Further, that any
change to the corner of Linton and Military Trail
would have a negative impact.
Mr. George Anderson, President, Lakeview Civic
Organization, felt it was critical for this property
to remain as office use as opposed to commercial. He
requested that the Board deny the request for
commercial designation.
Ms. Jean Beer, 945 Tropic Boulevard, pointed out the
vacancy rate of the retail mall at the southwest
corner of Linton Boulevard and Military Trail and
that the mall' s retail space is currently empty of
tenants.
Mr. J. P. Martell, representing residents of
Shadywoods, presented a petition with 150 signatures
in opposition to the proposal and presented figures
of unoccupied retail space at Atlantic and Military
Trail and 200,000 sq.ft. of vacant retail space at
Linton and Military Trail.
There being no one else to be heard the Chair closed
the Public Hearing and turned to the Board for
comment and action.
In response to Mr. Basehart' s comment that the main
issue is related to land use and not site plan
related (i.e. buffering requirements) , Mr. Kovacs
explained that the Staff Report does point out that
the appropriate issue is that of land use between
Shadywood' s subdivision and the golf course and
shopping center at the corner is that of a
Transitional designation. Mr. Kovacs informed the
Board that he has had recent discussions relative to
three separate properties within two miles of this
site which call for an additional 350, 000 square feet
of retail space on land that reflects commercial use
and is already zoned for commercial use.
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P&Z Board Minutes
May 15 , 1989
Page 4
Board Comments:
Mr. Schmidt was opposed to changing the land use
designation to Commercial.
Mr. Klarer thought that the estimates quoted tonight
were misleading.
Ms. Coopersmith commented that the City' s downtown
area is in need of an anchor store in it' s
revitalization efforts and suggested as an
alternative that the developer should seize the
opportunity to develop in this area of town.
It was then moved by Mr. Bridges, seconded by Mr.
Schmidt and passed 5-0 to stay with the Transitional
land use designation at Military Trail and Linton
Boulevard.
B. Auto Related Uses - Land Use Policy A-2.4:
The Chair declared the Public Hearing opened. The
following individuals addressed the Board:
Robert Feiderspeil, Attorney representing the Delray
Beach Automobile Dealers Association, reiterated his
comments made at the May 8th meeting and
suggested that the policy should be more flexible.
He felt that auto related uses would help to
redevelop North Federal Highway financially and
aesthetically.
Roger Saberson, Attorney representing Ed Morse
Cadillac, argued that the language as written in the
existing policy could be misinterpreted.
Jean Beer, was opposed to any expansion into any
residential area by existing automobile dealerships
on North and South Federal Highway.
There being no one else to be heard the Chair closed
the Public Hearing and turned to the Board for
comment and action.
P&Z Board Minutes
May 15, 1989
Page 5
It was then moved by Mr. Schmidt, seconded by Mr.
Bridges and passed 4-1 (Coopersmith dissenting) to
amend Land Use Policy A-2. 4 as follows:
To delete the second guideline in its entirety and
replace with the following language:
"Existing automobile dealerships may expand onto
adjacent property which is currently zoned to allow
such use. In addition, new dealerships may be
located on the east side of Federal Highway, north of
4th Street, but not south of S.E. 4th Street. "
The Planning Director stated that he would meet with
Mr. Schmidt : 0 review the language extensively;
thereafter, he would prepare the write-up upon
presentation to the City Commission.
C. Swinton Avenue - Traffic Policy A-5.7 ; B-3 . 2:
The Chair declared the Public Hearing opened. The
following individuals addressed the Board:
Ms. Mary Lou Jamison, representing the Del Ida Park
Homeowner' s Association, requested that the
beautification projects for Swinton Avenue as listed
in Policy B-3 . 2, item (d) should be changed to
reflect expansion from Lake Ida Road, south to S.W.
10th Street and north to S.W. 22nd Street.
Ms. Ann Fulton, representing Old School Square, felt
the beautification of Swinton Avenue should include
the Historic District with the additionI of street
lights and benches. She felt that Swinton Avenue
should become one scenic road from S.W. 10th Street
to N.W. 22nd Street in order to create a "unified"
avenue.
Ms. Elizabeth Matthews felt that more monies should
be added to the G.O. Bond (perhaps to increase street
lights and more additional streetscape) .
Mr. Frank Spence, Director Development Management
Services, addressed the Board and presented
information that was not made available at the
VISIONS 2000. He explained that there is $800,000 in
Federal Grant funds available for the beautification
from Swinton Avenue west to I-95 .
Mr. Schmidt suggested that any additional monies be
added to the GO Bond for landscaping and right-of-way
from NW 4th to SW 10th Street.
P&Z Board Minutes
May 15 , 1989
Page 6
Mr. Clemmer Mayhew III, in response to Mr. Soloway' s
question as to the Historic Preservation District' s
boundaries, stated that the District runs from NE 8th
Street to the north and south to SE 2nd Street.
There being no one else to be heard the Chair closed
the Public Hearing and turned to the Board for
comment and action.
It was the consensus of the Board to amend Policy
Statement B-3 . 2 as follows:
To add the following at the end of Policy statement
B-3 . 2: "The following shall be financed through the
General Obligation Bond Program:
a) Atlantic Avenue east of the Intracoastal
Waterway to A-1-A;
b) Atlantic Avenue between Swinton and I-95;
c) Atlantic Avenue between I-95 and Military Trail;
d) Swinton Boulevard from S.E. 10th Street to N.E.
8th Street; and,
e) Barwick Road, north from Atlantic Avenue" .
It was then moved by Mr. Bridges, seconded by Mr.
Schmidt and passed 5-0 to change the allocation for
Swinton Avenue beautification from $100,000 to
$150,000 (total of $250,000) and to expand the limits
from 10th Street to the south, and north to 8th
Street.
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P&Z Board Minutes
. May 15, 1989
Page 7
D. Pineapple Grove - Land Use Objective C-4:
There being no questions the Chair declared the
Public Hearing opened. The following individual
addressed the Board:
Ms. Dottie Patterson, representing The Pineapple
Grove Support, felt that a new Policy C-4. 5 should be
added to the Plan and thanked the Board for its
support.
There being no one else to be heard the Chair closed
the Public Hearing and turned to the Board for
action.
It was then moved by Mr. Schmidt, seconded by Ms.
Coopersmith to amend the Land Use Objective C-4 by
adding a Policy C-4. 8 to read as follows: "A
neighborhood plan shall be prepared for the
"Pineapple Grove" area in FY 89/90 . The neighborhood
plan shall be prepared under the auspices of the
City' s Planning and Zoning Department. An amount of
approximately $500,000 which is designated as
"redevelopment seed money" is the 1989 GO Bond
Program shall be used for redevelopment purposes in
the Pineapple Grove area with the specific use ,
determined through the neighborhood planning
process" .
E. North Beach Parking Lot:
Mr. Kovacs stated that the Board had directed a
priority item be added to the Recreation Element for
a North Beach Parking Lot in the allocation of
$1,500,000 to the G.O. Bond financing for the
acquisition of the land and the creation of the
parking lot. He further stated that at the City
Commission level the North Beach Parking Lot
acquisition was directed to be deleted. It was the
sentiment of the Planning and Zoning Board at its May
8th meeting to reinstate the North Beach Parking
Lot.
There were no questions and the Chair declared the
Public Hearing opened. The following individuals
addressed the Board:
Ms. Betty Matthews informed the Board that
approximately five years ago the City had a
Referendum which was rejected by the voters for
additional beach parking.
P&Z Board Minutes
May 15, 1989
Page 8
Ms. Lorraine Kasper, 3000 Spanish Trail, felt that
perhaps double decking parking would be a good
solution; also, she felt that the north beach was
not used as much as the south beach.
It was then moved by Mr. Bridges, seconded by Ms.
Coopersmith and passed 4-1 (Klarer dissenting) to
reinstate "Beach Parking" to the list of needs in the
Open Space Policy A-1. 6 and to reinstate former
Policy B-3 .1 which implemented the project.
F. Public Facilities Element:
There was no public comment on this item.
It was then moved by Mr. Schmidt, seconded by Mr.
Bridges and passed 5-0 to add a new policy B-2.4 to
the Public Facilities Element as follows:
"Acquisition of rights to develop a western wellfield
and initial steps taken with the South Florida Water
Management District to allow establishment of a
future wellfield shall be pursued in FY 89/90 if not
sooner. The lead agency shall be the Community
Services Group working in conjunction with the City
Attorney. Proceeds from the 1984 Water/Sewer Bond
shall be used to accomplish this policy" .
It was then moved by Mr. Schmidt, seconded by Mr.
Bridges and passed 4-0 (Coopersmith not present for
the vote) to add a new Policy B-2-4 as follows:
"Acquisition of rights to develop a western wellfield
and initial steps taken with the South Florida Water
Management District to allow establishment of a
future wellfield shall be pursued in FY 89/90 if not
sooner. The lead agency shall be the Community
Services Group working in conjunction with the City
Attorney. Proceeds from the 1984 Water/Sewer Bond
shall be used to accomplish this policy" .
Policy E-3 . 2:
The Chair declared the Public Hearing opened. The
following individuals addressed the Board:
Ms. Jean Beer fell that streets identified of needing
repair in 1985 should not take precedence over
streets which are in deplorable condition and that
may have been recently been identified as in need of
repair.
P&Z Board Minutes
May 15 , 1989
Page 9
There being no one else to be heard the Public
Hearing was closed and the Chairman turned to the
Board for comment and action.
Mr. Frank Spence informed the Board that the City
Commission, in approving the 41 streets, did
determine that additional streets are in need of
repair but the names of the streets are unknown at
this time. He suggested that $1,000, 000 be added in
a lump sum as undetermined uses to be used for a date
uncertain.
Mr. Kovacs explained that the $1,000,000 is to come
out of the Pavement Study which is presently being
updated. He pointed out that a significant change
proposed to the Board on May 8th was that the updated
study not be restricted to that $1,000,000 but can
compete with the 41 streets which were identified in
1985.
It was then moved by Ms. Coopersmith, seconded by Mr.
Klarer and passed 5-0 to amend Policy E-3 . 2 to read
as follows:
"The 41 streets identified in the 1985 street
inspection report as needing reconstruction shall be
considered as projects in the G.O. Bond allocation
for street reconstruction. In addition to those
streets, additional needs as contained in the 1989
street inspection update shall be considered. A
priority list which includes the streets from both
reports shall be prepared in the summer of 1989 and
shall be the basis for determining streets to be
reconstructed pursuant to the 1989 G.O. Bond
election" .
G. Land Use Designation for Blood' s Grove - Future Land
Use Map (Page III-G-39) :
The Chair declared the Public Hearing opened. The
following individuals addressed the Board:
Ms. Carol Stanley, representing the property owner,
presented maps to each of the Board members and
explained that the maps were revised to reflect
changes suggested by the Board at its meeting of May
8th. Ms. Stanley felt that the overlay of a new
designation of PRC Planned Resort Community
would be an appropriate designation.
P&Z Board Minutes
May 15, 1989
Page 10
Mr. Kovacs was totally opposed to creating a new
designation for one specific location only.
Mr. Clemmer Mayhew III, felt creating a PRC zoning
designation would be appropriate; however, he did
not object to the current designation as long as the
language could be clarified.
There being no one else else to be heard the Chair
closed the Public Hearing and turned to the Board for
action.
need to use language supplied by the representative
(whatever that is) and to use staff's land use
categories
•
It was then moved by Mr. Bridges, seconded by Mr.
Klarer and passed 5-0 to modify the language of the
Future Land Use Map under Item #2 to reflect the
following:
- Open Space (future park potential of 9-10 acres)
associated with Community Facilities (potential
Fire Station site) :
- Accommodation of mixed use concept which is
depicted by Medium Density Residential in
conjunction with the Commercial Core designation
to accommodate a "resort" type conference
center/health oriented center or similar
intensity use together with attendant and
supportive commercial uses which would be
integral to the "resort" i.e. would not be
oriented to Linton Boulevard or Military Trail.
- The balance is to be low density residential
which is to be compatible with existing
development primarily to the east and south.
Also, the Future Land Use Map is to be changed.
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P&Z Board Minutes
May 15 , 1989
Page 11
H. Land Use Designation - Yake "17 Acre Parcel"
Property:
The Vice Chairman Bridges then declared the Public
Hearing opened. The following individual addressed
the Board:
Michael Conners, Attorney representing the property
owner, reiterated comments he made at the May 8th
meeting relative to deleting references in the Open
Space and Conservation Elements. Mr. Conners agreed
with Open Space and Recreation Policy B-2. 1 and
Conservation Element Policy B-1. He suggested
a longer timeframe be allotted for private developers
in the Coastal Element Policy C-5.1.
There being no one else to speak the Chair declared
the Public Hearing closed and turned to the Board for
comment and action.
After discussion, it was moved by Mr. Schmidt,
seconded by Ms. Coopersmith and passed 4-0 (Soloway
not present for the vote) to leave all the objectives
and policies as written but change the Land Use Map
to eliminate the most western open space/conservation
strip and one-half of the adjacent open
space/conservation strip with the amendment of the
Coastal Element Policy C-5. 1 to reflect a timeframe
for private development to 1994.
Discussion relative to property at Lake Ida Road and Congress
Avenue (Dorson) :
Mr. Michael Conners, representing the property owner,
reiterated his comments at the Board' s May 8th meeting, asking
for a change from the Transitional designation to a Commercial
designation. Mr. Conners felt that office use was not
appropriate for this location.
It was moved by Ms. Coopersmith, seconded by Mr. Schmidt and
i passed 4-0 (Soloway not present) to leave as already
designated.
P&Z Board Minutes
May 15, 1989
Page 12
Discussion Relative to West Atlantic Avenue:
The Chair declared the Public Hearing opened. The
following individuals addressed the Board:
Ms. Deborah Wright, representing the West Atlantic
Property Owner' s Association, stated that the major
concern is the area of 1st to 1st and that the current
Plan does not reflect the present zoning. She felt that
if and when changes are made the Plan could be amended to
reflect those changes.
? Mr. L. D. Lyon Weatherspoon approached the Board and
agreed with Ms. Wright' s comments.
The Planning Director explained that there are six
concepts of redevelopment areas as outlined in the
Comprehensive Plan. These are reflected as special areas
and an application for a redevelopment area should be
processed on a case-by-case basis.
There being no one else to speak the Public Hearing was
declared closed and the Chair turned to the Board for
action.
It was then moved by Mr. Bridges, seconded by Ms.
Coopersmith and passed 5-0 to keep as designated
Mr. Weedon .passed out copies of the West Atlantic Avenue
Policy statement to interested parties.
Discussion of Property at the N.E. Corner of Lake Ida Road and
Congress Avenue:
The Chair declared the Public Hearing opened. Sam
Cracchillo, representing C.L. Associates, approached the
Board requesting a change of the Land Use Plan from medium
density to commercial. He felt that a commercial
designation would compliment a Planned Commercial Center,
Delray Park of Commerce, across the street. Mr. Cracchillo
felt that there would be too much traffic impact for a
residential area and that a proposed project that he .
intended to build would not be too intense for that
location.
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P&Z Board Minutes
May 15, 1989
Page 13
Mr. Kovacs stated that he would prefer to either remain
with a residential zoning of a medium density of 12 units
per acre or a Transitional designation which would
accommodate either the residential uses, Planned
Commercial Center or Medical Office Institutional.
There being no one else to speak the Chairman closed the
Public Hearing and turned to the Board for action.
It was the consensus of the Board to concur with the
Planning Director.
It was then moved by Ms. Coopersmith, seconded by Mr.
Klarer and passed 5-0 to recommend Transitional zoning
because the Transitional designation would accommodate the
existing zoning on the property
Housing Element:
The Chair declared the Public Hearing opened. Mr. Lynn
Stokes expressed concern of the need for adequate funding.
She felt that even though there is funding available at
the State and Federal level the City needs to allocate a
reasonable amount in order to a thorough job.
There being no one else to speak the Chair closed the
Public Hearing and turned to the Board for comment and
action.
Mr. Kovacs explained that there are two policies in the
Housing Element that affect funding for housing in the
City: 1) was to be a revolving low interest fund for
housing rehabilitation which should have had $100,000
initially a year and $50,000 thereafter for ten years.
During review, the City Commission directed that the
policy determine its feasibility and explore funding
sources and then amend the Plan; and 2) all the policies
and programs were left intact with regard to the housing
rehabilitation program (purchasing vacant lots, services,
building houses and then selling those houses) thereby
repeating that sort of program. He further explained that
the City Commission proposed that funding be $500,000 a
year but after the Commission finished the list of Capital
Improvement projects and funding budget impacts (General
Fund Forecast) the Commission wanted to set the mil rate
at the maximum.
It was then moved by Mr. Bridges, seconded by Mr. Schmidt
and passed 5-0 to recommend an additional $200,000 be
added to the Housing Element (total $300,000) .
P&Z Board Minutes
May 15, 1989
• Page 14
Mr. Arthur Jackel approached the Board with the following
comments: 1) that money should be taken from the Utility
Tax or Bond Escrow; 2) Old School
Square ;
3 ) that $400, 000 is an insufficient amount for the
Municipal Golf Course; and, 4) was opposed to any
widening of Lake Ida Road. He suggested that the road be
kept to two lanes like Swinton Avenue in order to keep the
areas residential in character.
In response to Mr. Jackel' s concerns, the Planning
Director pointed out that the Bond Issue would be decided
by the City Commission and that the Commission has
designated an organization is handling all aspects for the
Old School Square project. Regarding the widening of Lake
Ida Road, he explained that approximately one year ago at
the VISIONS 2000 a policy was established that the
construction for the widening be accelerated. The
County' s Five Year Plan has been amended to include the
widening of Lake Ida Road from Swinton to Military Trail
and then from Military Trail to Jog Road and that the City
will assist the County in its construction and design for
the FY 92-93 .
Mr. Roger Saberson, Attorney, then approached the Board
for clarification of the Special Activities District. He
stated that he had appeared at the Planning and Zoning
Board' s meeting of May 8th for a project west of Congress
on Lake Ida Road with a request for either the LC or NC
designation. Mr. Saberson felt that the SAD was used as a
"floating designation" to be used by developers applying
for zoning
The Board did not support Mr. Saberson' s comments. . . .
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P&Z Board Minutes
May 15, 1989
Page 15
The Planning Director read into the record public comments
which were received from the following individuals:
- a letter was received from the City Attorney which
stated that nothing was gained by having a separate
element for Preservation and that the City has met
requirements of the State addressing Historic
Preservation both in land use and conservation.
- a letter was received from the Delray Beach Library
requesting a correction of the phrase "Friends of the
Library" be changed to "Delray Beach Public Library
Association, Inc. , with operational funding provided
by the City" .
- a request from Mr. Clemmer Mayhew, III to delete the
word "not" be used and identified four places in the
draft of the Plan.
- a letter was received from the Coalition for
Wilderness Islands with suggested policies to
preserving native ecosystems on developable land.
It was then moved by Mr. Bridges, seconded by Mr. Schmidt and
passed 5-0 to direct the Planning Director to make the
necessary changes and provide language to the Comprehensive
Plan and to then forward these recommendations and changes made
by the Planning and Zoning Board to the City Commission.
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P&Z Board Minutes
May 15, 1989
Page 16
Mr. Bridges stepped down from the Board for Items (B) , (C) and (D) .
B. Marina Delray A.C.L.F. , Conditional Use Request:
It was moved by Mr. Schmidt, seconded by Mr.Klarer and
passed 4-0 to defer this item to the Planning and Zoning
Board Regular Meeting on June 19th.
C. Corniche Rezoning, POC to GC or LC, Parcel on the East
Side of South Federal Highway:
Mr. Kovacs introduced the item to the Board and pointed
out that this property has a complex history and that the
previous approved site plan has lost any vested status.
There were no questions and the Chair declared the Public
Hearing opened. The following individuals addressed the
Board:
Mr. Mark Marsh, Architect representing the owner, informed
the Board that the owner had voluntarily annexed into the
City asked if the Board would recommend approval of a
waiver of the landscape code relative to a 30 ' setback off
Federal Highway.
Mr. Robert Irwin, resident at The Harborside Condominiums,
presented a petition containing 96 signatures, in
opposition to the proposed rezoning.
Mr. Skip Jackman, representing the property owner to the
south, supported S.A.D. zoning because he felt that this
category would offer flexibility.
There being no one else to be heard the Chair closed the
public hearing and turned to the Board for action.
It was then moved by Mr. Schmidt, seconded by Ms.
Coopersmith and passed 4-0 (Soloway not present for the
vote) to recommend approval on first reading a rezoning
ordinance from POC to SAD and direct that a public hearing
not be held until a revised site plan is reviewed by the
Planning and Zoning Board and forwarded for final action.
However, in no event shall second reading occur beyond
December 12, 1989.
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P&Z Board Minutes
May 15, 1989
Page 17
D. Wallace Dealership, Conditional Use and Attendant Site and
Development Plan, Property Between the Federal Highway
Pairs and 9th and 10th Street:
Mr. Kovacs introduced the item through a review of the
staff report and recommended approval subject to
conditions ( 1) through (7 ) as listed in the Staff Report.
Mr. Schmidt expressed concern of the entrance off S.W.
10th and felt it will be a traffic hazard.
Ms. Jean Beer, suggested that there be adequate employee
parking on site.
Mr. Marsh responded that the site plan has been revised to
reflect 16 designated employee parking spaces.
It was then moved by Mr. Schmidt, seconded by Ms.
Coopersmith and passed 4-0 to recommend to the City
Commission approval of the conditional use and attendant
site plan subject to the conditions:
1. Obtaining a variance from the Board of Adjustment
from Section 173 . 510 (A) (7) (d) for the loading area
location or an opinion from the Chief Building
Official and/or City Attorney that a variance is not
required.
2. Recording of a Final Plat prior to issuance of a
Certificate of Occupancy.
3 . Providing verification that deadend water system
meets minimum fire flow requirements.
4. Providing documents privitizing existing utilities
within the 16 foot alley.
5 . Submittal of a revised site plan addressing the
following:
Provide center line pavement markings along the drive
to the southeast of the five future service bays.
Provide an additional 16 employee parking spaces
(Standard %2 under "Conditional Use Analysis" ) .
Provide "Left Turn Only" signs instead of "No Right
Turn" at ingress and egress to Federal Highway.
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P&Z Board Minutes
May 15, 1989
• Page 18
6. Submittal of revised Water and Sewer Plans addressing
the following:
Provide location of water meters, grease traps and
backflow preventers.
7. Submittal of revised Paving and Drainage Plans
addressing the following:
Provide stop bars at all exits.
Mr. Bridges then returned to the Board.
IV. LAND USE ITEMS:
A. Delmar Woods Preliminary Plat, Eight R-1-AA Lots on
Property Commonly Known as Teitzman:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following points were
emphasized:
letter dated May 15, 1989 from William Blackham,
Consulting Engineer, was received requesting
clarification of a requirement of a sidewalk.
Mr. Blackham asked the Board to support a waiver for the
eletion of a sidewalk on the east side of the property.
It was then moved by Mr. Schmidt, seconded by Ms.
Coopersmith, and passed 4-0 to recommend that the City
Commission grant waivers from Code Sections 102. 22(A) and
172.17(A) thus allowing a 20 foot pavement section and
eliminating a sidewalk on the east side of the entry road.
A separate motion was then made by Mr. Schmidt, seconded
by Mr. Klarer and passed 4-0 to recommend to the City
Commission approval of the Preliminary Plat subject to
conditions ( 1) thru ( 5) as listed in the Staff Report.
P&Z Board Minutes
May 15, 1989
Page 19
B. Sabal Lakes, Phase II Final Plat, 107 Mix of Conventional
and Zero Lot Line Units:
Mr. Kovacs introduced the item through a review of the
Staff Report and pointed out that a jogging trail shown in
the park area not be required and that the benches in the
passive park also not be required. Staff does not have
any objection to the deletion of the jogging trail but do
require that the benches be installed.
Ms. Dawn Sonneborn, Agent, felt that the passive park
is too narrow and that it will create a walk adjacent to
the right-of-ways. She informed the Board that a
representative from Pulte Homes had informed her that
there was no objection to the benches.
It was then moved by Mr. Klarer, seconded by Ms.
Coopersmith and passed 5-0 to certify the plat as
acceptable as a final plat subject to the following
conditions:
1. That prior to consideration of the final plat by the
City Commission the following conditions be
addressed:
- Revised permits from LWDD and SFWMD which
incorporate the modifications noted with this
phase.
- Permits from DER, Palm Beach County Health
Department for new water and sewer mains and the
public swimming pool are required.
- Approval of a non-impacting modification of the
master plan, incorporating the elimination of
the two cul-de-sacs, the creation of two
landscape buffers, relocation of pedestrian
paths and notes the reduction in the lake tract
area.
- Final approval for landscaping and building
elevations from the Community Appearance Board.
- That all the conditions noted under the
"Technical Review" section of the Staff Report
be addressed.
2. That financial guarantees be provided in the amount
of $506 ,738. 10 per Code Section 172.63 (A) ( 6 ) .
P&Z Board Minutes
May 15, 1989
Page 20
C. F.D.K. Final Plat, Industrial Block, S.W. 10th Street and
S.W. 12th Avenue:
The Planning Director informed the Board that there were
no particular problems with this item and recommended
approval subject to conditions.
It was then moved by Mr. Bridges, seconded by Ms.
Coopersmith and passed 4-0 (Schmidt was not present for
the vote) to certify the final plat and forward to the
City Commission subject to compliance with conditions (1)
thru ( 4) as listed in the Staff Report.
D. Auburn Trace Preliminary Plat and Revised Site and
Development Plans, 256 Multiple Family Units:
Mr. Kovacs informed the Board that this item was not ready
for action.
E. Amendment to Hanover Square S.A.D. , Alterations to Change
from Zero Lot Line to Conventional Siting and to Eliminate
Common Areas:
Mr. Kovacs introduced the item through a review of the
Staff Report and reviewed the list of conditions with the
agent.
Mr. Robert Bentz, Agent, gave a presentation which showed
graphic designs
Mr. David Blackburn, resident of Hanover Square, informed
the Board that a representative from L.J. Hooker Homes had
visited the association to find out how the residents felt
about taking additional land that is now the common area
and who would be responsible for maintenance expenses. It
was a strong consensus of those residents to be in favor.
He felt that this should extend to all the other owners in
Phase II.
Mr. Jim Hahn, representing L.J. Hooker Homes, addressed
the Board. . . .area around pool area did want to
limit entire development to limit future .FP&L line will
have to be relocated plunge pools allowed.
P&Z Board Minutes
May 15, 1989
Page 21
DJK. . . if everyone cannot be accommodated in Phase II,etc.
Bridges. . .common center will have to be unanimous among
owners. . .
The Board then addressed each item on page 5 . . . . (yes/no)
DJK- changes can be done administratively
- each block
- Phase I west of 41st need every owner' s signatures to
make changes
Spence High Point Section #1 new owner need to
comply. . .Mr. Edwin Wussow - fence- not reflected in the CC
minutes -- SAD ordinance
It was then moved by Mr. Bridges, seconded by Mr. Schmidt
and passed 5-0 to recommend (no CC Doc nor
recommendation written in report
a
P&Z Board Minutes
May 15 , 1989
Page 22
V. PLANNING AND IMPLEMENTATION
1. Determination of Similarity of Use, Motorcycle Sales in
the SC Zone District:
The Planning Director read the following into the record:
- a letter dated April 25, 1989 was received from Mr.
James P. Hudson requesting this particular use.
- a letter was received from Mrs. Nitschke, 1605 North
Federal Highway adjacent to the proposal, in
opposition to the use.
After brief discussion it was the consensus of the Board
to find that "motorcycles" is not similar to other uses,
permitted or conditional, as allowed in the General
Commercial Zone District.
2. Determination of Similarity of Use, Funeral Home as a
Conditional Use in the RO Zone District:
Mr. Kovacs introduced the item through a review of the
Staff Report.
Ms. Lynnette Green,
Ms. Coopersmith expressed concern of this particular use
in a residential area.
It was then moved by Mr. Schmidt, seconded by Mr. Klarer
and passed 4-1 (Coopersmith dissenting) to find that
"funeral home" is similar to other conditional uses as
listed in 173 . 392 and that it be listed as an allowable
use therein.
3 . Issue Raised by the Board of Adjustment Regarding Setbacks
Along canals and Other Dedicated Open Space:
The Planning Director informed the Board that this item
will be deferred to a workshop meeting.
VI . REPORTS AND COMMENTS
A. Board Members:
None of the members had any reports or comments to make.
P&Z Board Minutes
May 15, 1989
Page 23
B. Staff:
The Planning Director asked the Board if they would be
available for a workshop meeting on Thursday, May 25th, at
7: 00 P.M. It was the consensus of the Board to meet on
that date.
The meeting was adjourned at 11: 55 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting of
said body for May 15, 1989, which were formally adopted and approved
by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as indicated
above, then this means that these are not the official Minutes.
They will become so after review and approval, which may involve
some changes.
MINUTES OF THE PLANNING AND ZONING BOARD `. ^r "
CITY OF DELRAY BEACH, FLORIDA " as, tz
.
MEETING DATE: JUNE 19, 1989
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I. CALL TO ORDER:
The meeting was called to order by Acting Chairman Soloway
at 7:10 P.M. Upon roll call it was determined that a
quorum was present.
Members Present: Soloway, Bridges, Klarer, Schneider,
Parker
•
Members Absent: Coopersmith, Schmidt
Staff Present: David Kovacs, Frank Spence, Stan Weedon,
Paul Dorling, Jeff Costello, Vickie Renna
Celeste McDonough
II. CONSIDERATION OF MINUTES:
The approval of minutes of several meetings were deferred
to a subsequent meeting.
III . PUBLIC HEARINGS:
A. Enclave 50 Annexation, Various Zoning:
Mr. Kovacs introduced the item through a review of
the Staff Report. The following items were
emphasized:
that water and sewer service was not available
to all the properties.
that there will be approximately $100, 000 worth
of improvements along LaMat Avenue.
There were no questions and the Chairman then
declared the Public Hearing opened. The following
individuals addressed the Board:
Mr. Beril Kruger, representing a property owner at
the southeast corner of LaMat and Federal Highway,
informed the Board that the only lots that were to be
zoned Commercial were those bordering Federal
Highway. Mr. Kruger stated that any zoning other
Page 2
than General Commercial would be a hardship for his
client because part of his property will be zoned
residential and part commercial (the Commercial lots
are only 87 ' deep) .
Ms. Lorraine Kasper felt there is a hazardous
traffic situation as a driver enters Federal Highway
off of LaMat Avenue because a driver can not see over
the cars parked along Federal.
It was pointed out by Mr. Kruger that his client' s
building was built prior to the construction of the
right-of-way along Federal Highway.
Mr. Harry Regan, President of the Harbor Club
• Condominiums Association, opposed any commercial
designation other than those already on Federal
Highway.
Mr. Roger Saberson, Attorney representing Auto Ranch,
requested Specialized Commercial zoning instead of
General Commercial. He pointed out that the Planning
and Zoning Board and members of the Automobile
Dealers' Association, after long months of discussion
had compromised on regulations. He felt that all
dealerships on the east side of Federal Highway
should be allowed to expand.
Ms. Jean Beer, 945 Tropic Boulevard, presented
colored maps that she had prepared to each of the
Board members. She stated that according to the tax
rolls, there are two owners of the Auto Ranch The
upper portion of the property is owned by Mr. Levy;
and, the adjacent property, which has an abandoned
house on it, is owned by Mr. George Patton. Both lots
are under half an acre and that combined the
properties do not meet the 1. 5 minimum requirement
for auto use. She commented that the homeowners of
Tropic Isles and Tropic Bay have worked for years to
upgrade their residences in hopes that a quality
townhome development would be built on the property.
Also, that the Auto Ranch property has never had a
successful auto use facility on it and has only been
used for used cars sales. Ms. Beer further stated
that Enterprise Leasing was annexed GC and the auto
use grandfathered. She emphasized in but that the
Planning and Zoning Board and the City Commission did
not want small pieces of auto zoned property on the
east side of Federal Highway.
Page 3
Mr. Parson, owner of Del Raton Trailer Park,
preferred Specialized Commercial and was opposed to
the annexation of his property. He pointed out that
the park is not a mobile home park as designated by
staff but a recreational vehicle park and that he was
licensed by the State to store, sell and buy cars. He
mentioned that a billboard is on the property and
that it is also properly licensed by the County.
Mr. Charles Smith, 2110 Spanish Trail, adamantly
opposed Specialized Commercial zoning and reminded
the Board that there had been a lot of public input
in the review of the auto regulations.
Mr. Paul Smith, 924 Jasmine Drive, Tropic Isle, also
opposed SC and expressed the following concerns: did
not want any more expansion of automobile dealerships
along the east side of Federal Highway; that
Enterprise Leasing did not meet the 1. 5 minimum
requirement for auto use; and, that Auto Ranch has
been leased for over two years.
Mr. Al Milch, owner of property on Florida Boulevard
stated that he preferred RH (medium to high density
multiple family) .
Mr. Beril Kruger, 3115 Spanish Trail, addressed the
Board as a resident of Tropic Isles. He informed the
Board that the County had required a traffic light at
the corner of LaMat and Federal Highway.
Approximately fifteen years ago the property owner
had a fruit stand fronting on Federal Highway and
that the owner lived in the house behind the fruit
stand. He felt the property has been commercial for
many years and should be zoned General Commercial
upon annexation.
Mr. Kovacs pointed out that the auto regulations were
not written to allow dealerships to expand as much as
when a property zoned SC is consumed into a larger
dealership contiguous to it. He added that the City
is trying to rid itself of undesirable uses. In
regard to Mr. Milch' s situation, Mr. Kovacs felt that
it would not make not make much difference if his
property was zoned RH or RM. He then explained that
professional offices were a conditional use in the RM
District.
There being no one else to be heard the Chair closed
the Public Hearing and turned to the Board for
action.
Mr. Schneider moved to recommend RM for all areas on
the map that reflect RH, the motion was seconded by
Mr. Bridges and passed 5-0.
It was then moved by Mr. Bridges, seconded by Mr.
Schneider and passed 5-0 to recommend SC Specialized
Commercial zoning for the Trailer Park parcel.
It was then moved by Mr. Schneider, seconded by Mr.
Klarer and passed 5-0 to recommend GC General
Commercial zoning for property at the southeast
corner of LaMat and Federal Highway (Patton and Levy
properties) .
Mr. Bridges moved to recommend GC General Commercial
for ( 1) thru ( 5 ) and Lot ( 31) thru ( 33 ) and RM zoning
for Lot ( 30) for the parcel off Avenue G. The motion
was seconded by Mr. Schneider and passed 5-0.
It was then moved by Mr. Bridges, seconded by Mr.
Klarer and passed 5-0 to recommend that the City
Commission approve the annexation of Enclave 50.
B. Renaissance Dental Studio, Conditional Use Hearing and
Attendant Site Plan (Del Ida Park) :
Mr. Kovacs introduced the item through a review of the
Staff Report. The following items were emphasized:
- the Historic Preservation Board has reviewed the
request and has granted a Certificate of
Appropriateness; Also, the Historic Preservation
Board granted relief to the standard parking lot
design standards by allowing the use of shell rock as
a parking lot surface.
- recommended that Condition ( 1) (second item) be
amended to read that the site plan must be revised to
show the elimination of the driveway onto N.E. 2nd
Avenue and the elimination of the existing walkway
leading from the building.
- . Page 5
recommended that Condition ( 1 ) (fifth item) be
amended.
Mr. Schneider suggested that Condition ( 1) (fourth item)
be modified to read "grab bars" instead of "hand bars" .
There were no questions and the Chair then declared the
Public Hearing opened. There being no one to be heard,
the hearing was closed and the Chair turned to the Board
for an action.
It was then moved by Mr. Schneider, seconded by Mr. Klarer
and passed 5-0 to recommend approval of the conditional
use and site plan subject to the following conditions:
1. That prior to the issuance of a building permit the
following items must be addressed:
- A Unity of Title must be filed and recorded.
- The site plan must be revised to show the
elimination of the driveway onto N.E. 2nd Avenue
and the extension of the existing walkway
from the building to the public sidewalk.
- With the construction permit application the
upsizing of the 3/4 inch water meter to a one
inch meter and the provision of a backflow
preventer system must be incorporated on the
plans.
- With the construction permit application a floor
plan to be submitted to show the provision of
handicap fixtures such as increased door widths
and grab bars within bathrooms.
- That the site plan be revised addressing the
items noted under the "Technical Review" section
of the Staff Report.
2. Prior to the issuance of any Certificate of Occupancy
the existing wood posts located at the southwestern
and western area of the site should be removed.
3 . That specific approval be obtained from the Building
Department and the Historic Preservation Board for
the business sign along N.E. 2nd Avenue.
ray C o
C. Conditional Use Hearing, United Methodist Haitian Church
Establishment of New Use:
Mr. Kovacs introduced the item through a review of the
Staff Report. The following points were emphasized:
- that staff has no problem with the church itself but
how the church grows in respect to the improvements
that are to be provided.
- that the size of the congregation is eight to
twenty-five families and the proposal is that the
first phase will have no improvements until such time
that the threshold has been reached. Then additional
parking will be provided. Staff's concern is that it
will be hard to monitor when the additional parking
should be provided.
- that the Community Appearance Board has recommended
that the existing site be brought up to
specifications as far as the parking lot design,
landscaping, and upgrading of the area between the
existing fence and the pavement.
suggested that a sidewalk be installed along 6th
Street and 6th Avenue when existing improvements are
to accommodate residents walking to the church.
There were no questions and the Chair then declared the
Public Hearing opened. The following individuals
addressed the Board:
Mr. Paul Radco, lay person representing CROSS, (Christians
Reaching Out Society) suggested that the City' s
Engineering Department should check into the alignment of
the sidewalks.
Ms. Charlotte Durante, owner of the property, stated that
the Staff Report had referenced the property was not well
maintained.
Mr. Kovacs responded that the Staff Report was written
prior to his visiting the site. He then apologized for the
comment.
Ms. Zurleen Williams, 513 S.W. 6th Street, President of
Neighborhood Concern Group (Rosemont Park Subdivision)
informed the Board that she represented approximately 30
families who were very concern how the church would
adversely impact the neighborhood. She expressed the
following concerns:
- concern of parking at the church;
•
. Page 7
- the alarm at the school goes off during the night and
disturbs the residents who then call Police; and,
- how will the growth of the church be controlled.
Reverend Andre Benony, Pastor of the United Methodist
Haitian Church, asked the Board to approve the project.
Mr. Bridges had reservations of the size of the church' s
membership and of the parking impact upon the
neighborhood.
The Planning Director suggested that this item be
continued to the July meeting in order for the
Nei*hborhood Group and the Church to resolve outstanding
problems.
Ms. Durante informed the Board that she had personally had
sent letters and made phone calls to residents in the area
but that she had had no response.
Mr. Klarer stated that should this request be continued to
the July meeting, suggested that Phase II be "forwarded"
There being no one else to heard the Chairman closed the
Public Hearing and turned to the Board for action.
It was then moved by Mr. Bridges, seconded
by Mr. Klarer and passed 5-0 to continue the request for
consideration of conditional use approval to the Planning
and Zoning Board Meeting of July 17 , 1989 .
Ms. Williams wished to explained that the letters that she
sent out were not mailed but were placed in the doors of
residents in the neighborhood.
It was the consensus of the Board that both interested
parties meet at a workshop meeting in July.
VI . LAND USE ITEMS
A. Site Plan, Mayfair Animal Hospital:
Mr. Kovacs introduced the item through a review of the
Staff Report and recommend approval of the site and
development plan.
There were no questions; therefore, the Chairman turned
to the Board for an action.
, Page 8
lI
It was then moved by Mr. Bridges, seconded by Mr. Klarer
and passed 5-0 to recommend to the City Commission
approval of the site plan based upon findings and subject
to the Conditions (1) thru ( 8 ) as outlined in the Staff
Report.
The meeting was adjourned at 10: 00 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting of
said body for June 19, 1989, which were formally adopted and
approved by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as indicated
above, then this means that these are not the official Minutes.
They will become so after review and approval, which may involve
some changes.
�. i
MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH, FLORIDA
PUBLIC HEARING/REGULAR MEETING
MEETING DATE: JULY 17, 1989
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I . CALL TO ORDER:
The meeting was called to order by Chairman Soloway at 7 : 10
P.M. Upon roll call it was determined that a quorum was
present.
Members Present: Chairman Soloway, Bridges, Coopersmith,
Parker, Schneider, Schmidt
Members Absent: Klarer
Staff Present: David Kovacs, Stan Weedon, Vickie Renna,
Jeff Costello, Celeste McDonough
II . CONSIDERATION OF MINUTES:
The approval of Minutes of several meetings was deferred to a
subsequent meeting.
III . PUBLIC HEARINGS
A. Rezoning from CF to RM-10 (Holt) , N.E. 1st Street, Current
Location of Harbor View Apartments :
Mr. Kovacs introduced the item through a review of the
Staff Report.
There were no questions and the Chairman declared the
Public Hearing opened. There being no one to be heard,
the hearing was closed and the Chairman turned to the
Board for an action.
It was then moved by Ms . Coopersmith, seconded by Mr.
Parker and passed 5-0 to recommend that the zoning on Lots
1,2 and 3 of Park Court Subdivision be changed from CF
Community Facilities to RM-10 based upon a finding of
consistency with the Future Land Use Map.
P&Z Board Minutes
July 17, 1989
Page 2
Item (D) was brought forward on the agenda in order to accommodate
residents in attendance for this particular item.
D. Rezoning from CC to MIC, 4 .9 Acres at the Southeast Corner
of Lake Ida Road and Congress Avenue:
Mr. Kovacs introduced the item through a review of the
Staff Report. He then read into the record a letter which
was received from the applicant requesting that this item
be continued; however, public testimony would be taken
tonight. The following items were emphasized:
- that Community Commercial was first placed on the
property on a total of approximately 15 acres of land
and felt that the property should be developed in a
unified manner.
- that MIC zoning is consistent with the Land Use Plan
and would offer less traffic generation than the
present zoning of Community Commercial.
- that the property use is for a small scale auto
center at a corner location.
that staff recommendation is based upon the request
not promoting an acceptable land use pattern; that it
will result in a diminishing of development standards
for this key property; and, will result in
undesirable development on adjacent properties .
There were no questions; therefore, the Chairman declared
the Public Hearing opened. The following individuals
addressed the Board:
Mr. Arthur Jackel, 784 N.W. 7th Avenue, stated opposition
to the proposal for the following reasons: 1) that the
proposal is inappropriate for the area because it is
largely residential in character; 2) that the property
across the street (Dorson property) was denied commercial
and was granted POC; and, 3) that there is no need for
another gas station because there are several gas stations
located only one block south on Atlantic Avenue.
P&Z Board Minutes
July 17, 1989
Page 3 j
r j
Mr. Steve Deutsch, Agent, stated that the Board that the
gas station will be removed from the plans because he
wished to develop the parcel in a professional manner. He
informed the Board that comments made by the Board at the
last workshop meeting have not been incorporated into
revised plans as yet and asked the Board for more time
(possibility of one or two months) because he wished to
meet with the residents of the community in order to
resolve any desires or concerns .
Mr. Donald Altenbough, representing the Rainberry Bay
Homeowner' s Association, asked the Board to deny the
proposed request and pointed out that there are already
three auto repair facilities between Lake Ida Road and
Atlantic Avenue. He felt that the proposal would have a
negative impact on the surrounding area and was opposed to
any more commercial uses .
Mr. Sanford Fisher, Director of Rainberry Bay, felt that
there will be additional traffic even after Congress
Avenue is widened. He suggested that a traffic light is
needed on Lake Ida Road because he felt it is already
impossible to get out of the development.
Mr. David Tyson, owner of property to the east of the
proposed project, expressed concern as to the percentage
of manufacturing that will be used for MIC. He was
informed by the Planning Director that manufacturing is
allowed only in the LI or MI Districts .
There being no one else to speak the Chairman closed
the public hearing and turned to the Board for comment and
action.
It was the consensus of the Board that the property should
not be rezoned at this time and that MIC was not the
appropriate zoning designation.
Mr. Kovacs pointed out that CC allows retail use and that
the proposal would reflect a high intensity retail use of
several thousand square feet. Either MIC of PCC zoning
would actually be a reduction in traffic as opposed to
retail uses . He explained that once the Comprehensive Plan
is adopted the Land Use Plan is more appropriate to rezone
PCC rather than MIC. Also, under the City's Code, if a
rezoning application is denied for property in general, it
takes approximately a year to rezone again. An
alternative would be the consideration to withdraw the
petition.
P&Z Board Minutes
July 17, 1989
Page 4
Mr. Deutsch stated that he thought he had made it clear
that he welcomed the opportunity to withdraw the petition.
It was then moved by Mr. Schmidt, seconded by Mr. Parker
and passed 6-0 to accept the applicant' s request to
withdraw the petition.
The Board then returned to Item (B) .
B. North Federal Highway Annexations with Initial City Zoning
of GC General Commercial -- Properties North of the Former
Delray:
Mr. Kovacs explained since the completion of the Enclave
Act the City is now calling for all water service
agreements and that individual letters were sent to each
owner of unincorporated property in the North Federal
Highway area asking the owners to consider voluntary
annexations . This attempt invited these property owners
"free annexation" (no charge for attorney fees, etc. ) .
Mr. Stan Weedon, then introduced the item to the Board
through a review of the Staff Report and informed the
Board that six of fourteen property owners who have signed
petitions have requested specific considerations as
conditions to their cooperation. The owners and
conditions are as follows :
M.A. Simpson: Requested that an existing billboard remain.
This billboard would be subject to a requirement that City
Code requires that all billboards be removed by July 10,
1991; therefore, the owners would have approximately 23
months before mandatory removal.
Gene Moore, Trustee: Undersized lot. The GC zoning
district does not have a required site area or lot
dimension. The annexation of this lot would therefore
limit the uses which are permitted on this site.
However, the size of the lot would limit the future
intensity of the uses on the site.
Ralph Buick, Inc. : Requested that an existing drug and
alcohol rehabilitation and halfway house under the owner,
Drug Abuse Foundation of Palm Beach County, Inc. , be
allowed to continue operation. This use is allowed as a
conditional use under the GC regulations. As a
preexisting use, the City would permit the facility to
continue its operations but any future change or
modification to the use, structures would be subject to
City Code.
P&Z Board Minutes
July 17, 1989
Page 5 ' % ! f
Paul E. Huhman: Requested to permit an existing shellrock
driveway and parking lot for a real estate office to
remain for three years ( 1991) . There is no existing
requirement which would require the owner to bring the
pavement and parking area into conformance with the City's
requirements.
A.J. Granet: Requested to "Grandfather" an existing
warehouse/light industrial contractor' s use. Mr. Weedon
explained that the existing contractor' s office is
permitted to remain since this use is permitted under the
GC regulations and may be expanded. However; any
industrial and warehouse use and any outside storage which
may exist are subject to certain restrictions as a
nonconforming use.
Richard A. Barnett: Requested that the City grant a
special use to allow an existing unimproved parking lot
for one year from the date of annexation. Mr. Weedon
stated that this is a complex situation since this use is
not legal under the County' s jurisdiction and the owner is
presently under violation.
Mr. Kovacs commented that the City' s position is based on
the assumption that the special exception uses are legal,
if not, the City will require that the uses be removed.
He explained that all responses are based on the fact that
these uses are legal under the County's standards .
There were no questions; therefore, the Chairman declared
the Public Hearing opened. The following individuals
addressed the Board:
Mr. Richard Barnett, 200 Coconut Palm Road, stated that
there is no special exception for a parking lot in the
County. He explained that he need a one year extension
in order to complete improvements to his property (i.e.
paving, landscaping, ) and more time was needed to have
plans drawn and to have time for the approval process . He
added that monies would be put into escrow in order to
address any fines placed on the property.
Ms . Barbara Simpson, owner of Morey' s Tool Chest, informed
the Board that the property is in violation with the
County and that a daily fine of $250 was placed on the
property. Ms. Simpson stated that she would be happy to
cooperate with the City.
Mr. Thomas Schwerin, owner of Lots 15 and 16, questioned
the possibility of the voluntary annexations affecting his
property.
P&Z Board Minutes
July 17, 1989
Page 6
Mr. Kovacs responded to Mr. Schwerin' s question by
explaining that his property would not be affected and
there would be no changes.
There being no one else to be heard the Chairman declared
the Public Hearing closed and turned to the Board for
comment and action.
It was then moved by Mr. Schneider, seconded by Mr. Parker
and passed 6-0 to forward a recommendation to the City
Commission to approve the annexation of the North Federal
Highway voluntary annexations with initial zoning of GC
General Commercial.
C. Rezoning from RM-10 and GC to SAD (Marina Cay) Eleven Acre
Mixed Use Concept Located Immediately South of the Former
Delray Drive-In Site:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following items were
emphasized:
- that the Board has been given the complete sets of
the initial submission plan and also a revised plan
which incorporated comments made by the Board at the
workshop session.
that the Board should address the issue of intensity
of use and proceed with the public testimony.
that the majority of the 17 Standards for Evaluating
Site and Development Plans do support this request in
that this area is identified in the Comprehensive
Plan for a large scale mixed use development.
that there are several negative aspects to the
project which deal with the relationship to existing
land use, the relationship to residential properties
to the south on Allen Avenue and the impact to the
surrounding area.
overall the project could be viewed as a
revitalization of the area and an enhancement for
surrounding properties; however, there is a definite
adverse traffic impact to neighbors to the south.
Mr. Roger Saberson, Attorney, representing the applicant,
addressed the Board and stated that comments made by the Board
at its workshop meeting were incorporated into the plans . He
pointed out that phasing has been eliminated, the entryway has
been eliminated and that a narrative relative to the retail
shops and redesign will be submitted by the architect.
P&Z Board Minutes
July 17, 1989
Page 7
Mr. Stanley Malowski, resident of Allen Avenue, expressed the
following concerns :
- the possibility of Allen Avenue (a dead-end street)
becoming a thoroughfare as a result of traffic from
the neighboring Flea Market;
that the proposed project exceeds the height
limitation in that area;
that a wall on Allen Avenue should be installed prior
to construction of the project;
that the marina slips be used for the retail use only
and that no storage of boats be allowed, and that no
gas station nor restaurant be allowed (residents did
not want another "Shooters Restaurant" .
that there is already a need for a traffic signal at
the Flea Market and additional impact would only make
the traffic congestion worse.
Mr. Loren Sheffer, Vice President of Barton Volvo, and Chairman
North Federal Highway Group addressed the Board in support of
the proposal .
There being no one else to be heard, the Chairman declared the
Public Hearing closed and turned to the Board for comment and
action.
Board Comments :
Mr. Parker was impressed with the proposal and felt that the
project would add value to the area. Mr. Parker suggested that
the phasing be eliminated and that staff has more of an idea as
to the time element and progress of the project.
Mr. Bridges stated that he would not be in attendance at the
Board' s next meeting to vote on the proposal but felt that the
project would enhance the surrounding area.
Ms . Coopersmith felt that the height limitation for the
building should be clarified.
Mr. Richard Brautigan, Architect, felt that Palm Trail is full
of pot holes and should be brought up to City standards. He
then informed the Board that the plans will be revised to
reflect the emergency access .
The Chairman informed the agent that all comments made by the
Board should be incorporated into the plans before the Board' s
next meeting.
P&Z Board Minutes
July 17, 1989
Page 8
It was then moved by Mr. Schneider, seconded by Mr. Parker and
passed 6-0 to continue the consideration of rezoning to the
Planning and Zoning Board Regular Meeting of August 21, 1989 .
Mr. Schneider declared a conflict and stepped down from the Board
for the following two items.
E. Rezoning from SAD to GC, at the Southwest Corner of Linton
Boulevard and S.W. 4th Avenue (proposed site for COSTCO) :
Mr. Kovacs stated that this parcel has a very interesting
history. In 1983 the property was vacated by the County,
later the property was annexed into the City with the
original plat description. In 1984 this property and the
property to the west (shopping center and bank) to S.W.
10th was developed as Laver' s International Plaza as SAD.
A conference center and hotel was proposed on this
particular property.
There were two plats made of the entire holdings,
including the bank parcel, retail shops and the creation
of Laver' s Avenue. Even though this particular parcel was
not part of the replatting, it created some concerns from
staff while proper identification was being made in regard
to ownership. Mr. Kovacs informed the Board that he had
received certification from an attorney in respect to the
applicant has the right of access off Laver' s Drive via
the plat itself. He stated that he would then forward the
certification to be reviewed by the City Attorney.
The Planning Director then emphasized the following points
in support of the proposal:
that staff had requested a Traffic Report (because of
the change from a hotel/conference center to a high
retail intensity use) . The Traffic Report reflected
a Level of Service "C" at the intersection of S.W.
4th Avenue and Linton.
pointed out to the Board that the SAD had envisioned
the potential tennis stadium and the hotel and is no
longer the situation. The SAD is now an
inappropriate designation. Should this parcel be
used for high intensity retail use, it will be an
adverse impact on properties, particularly to the
north.
Items of concern:
that the SAD be revisited (should a proposal be
submitted for a hotel/conference center) .
•
P&Z Board Minutes
July 17, 1989
Page 9 I
W ! t
that a recommendation had not been prepared in the
Staff Report because legal matters needed to be
resolved with regard to traffic impacts and
legations .
There were no questions and the Chairman then declared the
Public Hearing opened. The following individuals addressed
the Board:
Mr. Allen Ciklin, Attorney representing the applicant,
felt that the proposal is consistent with the Land Use
Plan and would help to generate growth in the area. This
project has limited hours as opposed to the originally
approved hotel/ conference center and restaurant that
would have operated at all hours of the day.
Ms . Jean Beer, 945 Tropic Boulevard, expressed concern of
changing to a more intense use. She preferred the
original approved hotel rather than retail and suggested
that the petitioner seek a different location.
There being no one else to be heard, the Chairman closed
the Public Hearing and turned to the Board for comment and
action.
Board Comments:
Mr. Schmidt expressed concerned of the traffic impact and
questioned the agent as to the height of the elevation.
Mr. Ciklin answered that the dimensions are 31 ' from the
top of the building and 45 ' to the every top of the roof.
Mr. Parker felt there would be less traffic if Costco was
built rather than the originally approved hotel/conference
center.
Mr. Bridges had mixed feelings toward the proposal and
stated that the landscaping and trees on site were
plentiful and that he was delighted that there were no
outparcels .
Ms . Coopersmith expressed concern of Linton Boulevard
being a major east/west corridor and that the City should
be sure to approve only quality developments.
Mr. Ciklin informed the Board that the site plan will
reflect what is already proposed and will be part of the
submission.
P&Z Board Minutes
July 17, 1989
Page 10
Mr. Steve Godfrey, Engineer, representing Kimley Horn,
Traffic Consultants, addressed the Board regarding the
Traffic Study.
It was then moved by Mr. Parker, seconded by Mr. Bridges
and passed 5-0 to recommend to the City Commission
approval of the rezoning request to CC Community
Commercial.
F. Rezoning from CC to GC, Portion of Linton Center, Parcel
1, Southwest Corner of Linton Boulevard and S.W. 10th
Avenue (proposed site for McDonalds) :
Mr. Kovacs introduced the item through a review of the
Staff Report. He pointed out that no recommendation has
been prepared because of policies that deal with this
issue and the history of past Planning and Zoning Boards
that did not make recommendation. Without a firm policy
at hand, Mr. Kovacs passed the decision to the Board's
discretion.
Mr. Allen Ciklin, representing the property owner,
presented a graphic design of the overall project and
explained that the project is part of the master plan and
is the only outparcel of the development. He refered to
the special architectural treatment as an outparcel of
Catalina Center in Boynton Beach and the McDonald' s
located at the new Crocker Center in Boca Raton. He
informed the Board that Ocean Properties will also develop
the rest of the 19 acres and that the reason the developer
purchased the 25 acres initially was to preserve the
Waterford DRI on Linton Boulevard. Mr. Ciklin pointed out
that McDonald' s will be leasing the site.
There being no one else to speak the Chairman closed the
public hearing and turned to the Board for comment and
action.
Mr. Bridges stated that at the Board' s workshop meeting
he had not realized the proposal was for an outparcel. He
thought it was part of the overall master plan and felt
that an outparcel would "stick out like a sore thumb" .
Mr. Bridges was adamantly opposed to rezoning property
prior to site plan approval process and that he would vote
against this proposal.
•
P&Z Board Minutes
July 17, 1989
Page 11 .__
Mr. Schmidt felt the proposal would create further traffic
congestion on Linton Boulevard and was opposed to the
outparcel because it did not meet the 4,000 sq. ft.
requirement for GC zoning.
It was then moved by Ms . Coopersmith, seconded by Mr.
Parker and passed by a vote of 3-2 (Schmidt and Bridges
dissenting) to recommend to the City Commission approval
of the rezoning from CC to GC General Commercial .
Mr. Schneider then returned to the Board.
G. Annexation with Initial Zoning of GC, Property on the West
Side of Military Trail South of The Promenade Shopping
Plaza (proposed site for WAL-MART) :
Mr. Kovacs introduced the item through a review of the
Staff Report and emphasized the following:
that the annexation process should proceed
that this project will increase revenue for the City
- that there is a possibility of two outparcels on this
property, each with less than two acres .
There were no questions; therefore the Chairman declared
the public hearing opened. The following individuals
addressed the Board.
Mr. Fred Rath, Agent, stated that the owner of the
property was very interested in voluntary annexation of
approximately fourteen acres and would appreciate any
comments by Board members . Mr. Rath informed the Board
that the property abuts residential and that loading will
be kept away from the residential to the south. Also,
that turn lanes were already constructed via approval of a
project considered several years ago (Polo Plaza) .
Mr. Arthur Longdon, resident of County Lake, inquired as
to the turning lanes into his development.
The Planning Director responded that the City has been
looking for a petitioner to finish improvements along
Military Trail and that staff 's position was that there be
a right turn lane all the way into the entry into County
Lake.
Mr. James Lyon, resident of County Lake, expressed concern
as to the type of buffering that will be required between
the residential area and the project.
P&Z Board Minutes
July 17, 1989
Page 12
Mr. Mike Schorah, Agent, stated that the existing
buffering is very extensive and that anything worth saving
will be saved. He added that the building is only 23 '
high and that there will be some landscaping treatment at
the southwest corner.
Mr. Kovacs informed the Agent that the City Code requires
either a 6 ' masonry wall or a 6 ' landscaping strip with
hedging. These issues will be be required at site plan
review.
There being no one else to be heard the Chairman closed
the Public Hearing and turned to the Board for comment and
action.
Ms . Coopersmith was very concern of the traffic impact and
was opposed to any commercial encroachment into a
residential area. She pointed out that there is already a
K-Mart within two miles from the proposed project.
Mr. Bridges felt that the building needed to be broken up
and that the landscaping should be close to the building.
He stated that there are four elevations, no parapet walls
and that the elevations needed softening. He did not want
an "industrial warehouse" look and would be checking to
see how the elevations will be treated.
Mr. Schorah responded that he would present the Board' s
comments to his client but felt that the outparcel would
be buffered by 30 ' of landscaping and that he did not know
if his client would be willing to change the building.
Mr. Parker commented that he supported the proposal.
Mr. Schneider had no objections since the site plan will
be reviewed at a later date.
There was no objection by Mr. Schmidt as long as the
project was compatible to the surrounding area.
It was then moved by Mr. Schneider, seconded by Mr. Parker
and passed 5-1 (Coopersmith dissenting) to recommend to
the City Commission that the request for annexation be
approved with initial City zoning of GC (General
Commercial) .
P&Z Board Minutes
July 17, 1989
Page 13
i
H. Conditional Use and Site Plan, Kiddie Child at the
Northeast Corner of S.W. 10th Street and S.W. 12th Avenue:
Mr. Kovacs introduced the item through a review of the
Staff Report. The following points were emphasized:
- that the proposal was originally a Conditional Use
request and that a site plan had been submitted.
Staff had reviewed the site plan and found many
difficulties with it. Rather than make the applicant
go through expensive redesign, he pointed out that
only the use will be discussed by the Board.
- that the Community Redevelopment Agency recommended
denial.
- Because the proposed center is in the close vicinity
to S.W. 10th Avenue and because of other child care
centers already in the area, Mr. Kovacs recommended
denial based upon incompatibility with the
neighborhood.
There were no questions; therefore, the Chairman declared
the Public Hearing opened. The following individuals
addressed the Board:
Mr. Stewart Davis, 106 Mahogany Drive, Boynton Beach,
expressed concern of the safety of the children in the
area and supported the proposal as long as the center has
a secured door which could only be opened by a staff
member.
There being no one to be heard the Public Hearing was
declared closed and the Chairman turned to the Board for
comment and action.
It was the consensus of the Board that the location was
inappropriate; however, the Board was not opposed to the use.
It was then moved by Mr. Schmidt, seconded by Mr. Schneider and
passed 6-0 to recommend to the City Commission denial of the
Conditional Use request upon a failure to make a positive
finding with respect to Standard H (Compatibility) of Section
173 .848 "Standards for Evaluating Conditional Uses" .
•
P&Z Board Minutes
July 17, 1989
Page 14
Mr. Bridges declared a conflict and stepped down from the Board for
the following item.
I . Conditional Use and Attendant Site Plan, Saturn Auto
Dealership at LaMat and Federal Highway:
Mr. Kovacs suggested that the applicant address the
conditions of approval with the members of the Board.
Mr. Mark Marsh, Agent, presented a letter to the Planning
Director requesting a waiver for the installation of a 5 '
sidewalk on the south side of LaMat Avenue since LaMat is
now being reconstructed by the County. He asked the
Board' s support for the waiver of the boundary treatment
requirement (Condition #3) .
Mr. Kovacs pointed out to the Board members that Condition
(5) (c) will need to be amended.
Mr. Marsh stated that he wished to proceed with the
agreement approach at platting (if and when Dixie Highway
is widened) .
Mr. Schmidt stated that he preferred the 20 ' landscaping
treatment along the west side of Dixie Highway.
The Planning Director pointed out that under the Special
Regulations for Automobile Sales, when across the street
from residential zoning, that a wall is required when an
auto use in across the street from residential zoning.
He recommended that this requirement not be proposed.
In lieu of a masonry wall along Dixie Highway, Mr. Marsh
felt that a 10 ' landscaping treatment would be more
aesthetically pleasing.
After lengthy discussion, it was then moved by Mr.
Schneider, seconded by Mr. Parker and passed 5-0 to
recommend to the City Commission that the Conditional Use
and attendant Site Plan be approved based upon positive
findings with respect to the ten standards under Section
173 .848, Section 173.867 and the special provisions of the
Specialized Commercial Zone District subject to Conditions
( 1) (2) (4) and (5) ; subject to the elimination of
Condition (3) ; and subject to Condition (5(c) being
amended (or delete the requirement of the modification of
the site plan to accommodate a twenty foot landscaping
strip) . These conditions are as follows:
1 . That the Planning and Zoning Board recommends the
waiver of the boundary treatment requirement of
173 .510(A) (2) (b) .
P&Z Board Minutes
July 17, 1989
Page 15
2 . A commitment to provide a traffic signal at the
intersection of LaMat and Federal Highway upon demand
of the County Traffic Division; however, this
condition shall become void if not exercised by the
County within twelve months following the issuance of
a Certificate of Occupancy of the proposed Phase II
facilities .
3 . That the site plan be modified to accommodate the
following:
a) designation of 34 additional spaces specifically
for employees and customer parking; and,
b) elimination of one of the identification signs
proposed along Federal Highway.
4 . A plat is required and may be accommodated in a
single submission. The submission must include, in
addition to normal requirements, the following:
a) status of D.E.R. permitting for water and sewer
facilities;
b) status of D.O.T. permitting for the right turn
facilities and entries as shown on the paving
plan;
c) a proposed agreement for the accommodation of
the special 20 ' landscaping treatment along the
west boundary when Dixie Highway is widened;
and,
d) dedication of sufficient right-of-way to provide
an overall 80 ' right-of-way for LaMat or
documentation from the County Engineer (Traffic
Division) as to the adequacy of 75 ' of
right-of-way.
Mr. Bridges then returned to the Board.
IV. LAND USE ITEMS:
A. Site and Development Plan, McDonalds -- on a Portion of
Parcel I, Linton Center, Across from Wallace Dodge:
This item was postponed to the Planning and Zoning Board
Regular Meeting of August 21st.
P&Z Board Minutes
July 17, 1989
Page 16
B. Site and Development Plan, COSTCO at the Southwest Corner
of Linton Boulevard and S.W. 4th Avenue:
This item was postponed to the Planning and Zoning Board
Regular Meeting of August 21st.
C. Site and Development Plan, Linton Lakes II, 299 Unit
Apartment Complex at the Southwest Corner of Linton
Boulevard and Congress Avenue (MINTO) :
Mr. Kovacs introduced the item through a review of the
Staff Report and pointed out that in regard to Condition
(3) a provision of another access of right in/right out
along Linton Boulevard. He suggested that an alternative
would be for access through an internal road. He
expressed concern of safety and that this condition may be
modified or deleted by the City Engineer.
Mr. Henry Handler, Attorney representing Minto Builders of
Florida, Inc. , pointed out that this project was
originally planned for 325,000 sq. ft. of commercial space
and in recognizing the needs of the City and market
conditions, Minto Builders amended its plans and proceeded
to rezone the land to accommodate a change to build
multi-family dwelling units . He felt that the traffic
impact has been reduced as a result of the rezoning from
commercial to residential. This would also reduce the
traffic impact from this site onto Linton Boulevard by a
45% reduction in the A.M. peak hours and 62% reduction in
the P.M. peak hours. He informed the Board that the
applicant was requested by staff to provide a traffic
report. The proposed site plan will accommodate the
conditions of approval as recommended but that the need
for additional access has been addressed.
Mr. Craig Unger, representing Minto Builders, concurred
with staff on all the conditions with the exception of
Condition (3) .
Walter Keller, President of Walter H. Keller, Jr. , Inc. ,
Consulting Engineers and Planners, informed the Board that
he has worked on this project for four years and that
there has been a significant change in the market and
scale of the project. He pointed out there has been a
significant reduction of traffic impacts than what was
originally approved. The property had changed from
commercial, and as a result the daily traffic impact had
been reduced by 45% and that there has been a reduction of
70% than what was originally approved for A.M. peak hours;
also, the P.M. peak hours have been reduced by 62% .
P&Z Board Minutes
July 17, 1989
.
Page 17 J:
Mr. Keller stated that since the submission of the
original traffic report, his firm performed several
studies to ascertain if a third access was really
required. A GAP study was also conducted for the proposed
entrance on Congress Avenue. This study was performed to
see if it would be safe to leave the development in a safe
manner and that the study reflected the critical time to
leave the development and proceed north on Congress Avenue
entrance was five seconds. The GAP study reflected the
A.M. peak hours was that five seconds or greater was
available in the traffic stream. In summary, Mr. Keller
stated that he did not see a justification to have a third
access into the development.
Mr. Kovacs explained that the reason for the third access
is to provide the residents of the existing developments a
safer situation then to drive across northbound to
Congress .
Mr. Bridges inquired as to the access off Germantown Road
on the original site plan.
Mr. Unger responded that stabilized access required by the
Fire Department on Phase I for emergency access only. The
City Commission had instructed that this access be only
for emergency use only.
Mr. Schneider felt there were security gaps in the walls
along the perimeter of the property.
Mr. Schmidt stated that he drives that route daily and
that he had requested ingress/egress points at the
workshop meeting.
Mr. Kovacs felt that the members of the Board had a
legitimate concern in regard to crossing Congress Avenue and
suggested that Minto provide another access on Congress .
He suggested that the developer construct Buildings 23, 24
& 25 so that a change could be made in regard to access .
The applicant was warned by Mr. Bridges of the possibility
of accidents and that he would personally keep an eye on
the Police records regarding the traffic situation.
It was the consensus of the Board to delete Condition (3)
regarding an additional access be created along Linton
Boulevard.
It was then moved by Mr. Bridges, seconded by Ms.
Coopersmith and passed 6-0 to recommend to the City
Commission approval subject to Conditions ( 1) and (2) as
outlined in the Staff Report.
P&Z Board Minutes
July 17, 1989
Page 18
Mr. Bridges requested that the plans reflect the removal
of two parking spaces and that these spaces be replaced
with stabilized sod.
D. Review of County Petition 87-103(B) , Establishment of Auto
Sales on Military Trail:
Mr. Kovacs introduced the item through a review of the
Staff Report.
Mr. Basehart, Agent, informed the Board that the property
is currently General Commercial in the County as an auto
salvage yard for many years . A few years ao the County
approved a Special Exception for the use for a
mini-warehouse and auto repair center. The property is
located approximately two miles north of Atlantic Avenue
and is designated in the County Comprehensive Plan for
commercial use. He explained that the proposal before the
County was to eliminate the auto salvage yard and to
renovate the property as a new automobile dealership
containing a 40,000 sq. ft. showroom and repair facility
and detailing facility at the rear of the property. Mr.
Basehart did not think it appropriate for the City of
Delray Beach to object to this use because it is in the
Reserve Area. He pointed out that Boynton Beach will
provide water and sewer services and support the proposal
and that strict regulations have been accepted by the
developer. He also pointed out that the Delray Dunes
development would be the most affected and support the
proposal.
Ms . Coopersmith stated that she and Mr. Kovacs had
attended the meeting of the Countywide Planning Council in
objection to this proposal. Ms . Coopersmith felt that an
introduction of a new automobile dealer is not desired by
the City of Delray Beach that the City has set aside areas
along Federal Highway and opposed to any auto dealers on
Military Trail.
It was then moved by Ms. Coopersmith, seconded by Mr.
Schmidt to recommend to the City Commission that the
County Petition 87-103(B) be denied. The vote failed to
pass by a vote of 3-3 (Schneider, Bridges and Soloway
dissenting) .
P&Z Board Minutes
July 17, 1989
Page 19
Mr. Schmidt declared a conflict and stepped down from the Board for
the following item.
E. Revised Site and Development Plan, The Groves of Delray
144 Unit Townhome Project Located at an Extension of S.W.
10th Avenue, North of Linton Boulevard:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report.
Mr. Robert Eisen, Attorney, informed the Board of the
following changes to the site plan which were based upon
the Board' s comments at the workshop meeting: buildings
were moved back; the number of units were reduced;
recreational facilities were increased; and, the amount of
landscaping was increased. He stated that there were no
objection to the list of conditions. He pointed out that
there are six homeowners in the existing buildings of
which two are owned by his client.
Mr. Les Stevens, Attorney, representing four of the six
units property owners, informed the Board of the following
additional concerns that have not been addressed on the
revised site plan:
- the request for direct access for his clients from
10th Street. There are currently 15 parking spaces
being used and reserved for owners . There is a
question as to the functionability of these spaces.
a) the cars backing out of the spaces perpendicular;
b) the space of the one car against the other along
that side; and c) the fact that Bessie Street is now
cut off by a wall, which makes a turnaround
impossible.
the location of the dumpster is not functional
- the fire lane at the fire hydrant located on Bessie
Street is now on the other side of a 6 ' wall and is
accessible to emergency vehicles. This situation
creates a severe concern for the safety of the
residents .
- a letter was sent to the developer on June 15, 1989
and was not really addressed until tonight' s meeting
and requested that the Board deny the request.
Mr. Stevens then suggested the creation of a cul-de-sac on
Bessie Street and access out to 8th Street. He stated that his
client would work with the City in terms of a special exception
for parking.
P&Z Board Minutes
July 17, 1989
Page 20
Mr. Eisen had no objections to Mr. Stevens ' suggestion for the
future; however, desired to proceed with the plans.
Mr. Schneider expressed concern with the entry and the location
of the dumpster.
Mr. Eisen stated he would be agreeable to explore an
alternative relocation of the dumpster.
There were some issues that were discussed at the workshop
meeting that still have not been incorporated in the plans such
as : the density has not been reduced; the number of buildings
should be reduced; and, a compacter should be used at the
entrance instead of dumpsters.
It was then moved by Mr. Bridges, seconded by Mr. Parker and
passed 5-0 to recommend to the City Commission approval of the
site and development plan subject to the following conditions:
1. That the eighteen technical comments under the Technical
Adjustment Section of the Staff Report be reflected in a
revised site plan submittal to be provided with the
preliminary plat submittal.
2 . Modifications of Lift Station 26 and 26A as discussed
under Standard #7 (Sanitary Sewers) .
3 . Subject to the construction of S.W. 10th Avenue to City
standards from the development entry south to Linton
Boulevard. Improvements are to include a three lane
section at the Linton Boulevard/S.W. 10th Avenue
intersection.
4 . Provide an escrow account to cover the cost for sod and
irrigation to edge of pavement for S.W. 10th Avenue, S.W.
llth Street, Strickland Road, and S.W. 8th Avenue.
5 . Subject to platting as required per Section 173. 073.
6 . Provide a revised traffic study based on the new layout.
7 . Provide all parking spaces in paving.
and, subject to the parking spaces to the existing buildings on
the south side of Bessie Street be made a vertical with a
turnaround; subject to the removal of the dumpster and
replaced by two compacters at the entrance to the development;
and, subject to the landscaping being clarified.
It was the consensus of the Board to have the issue of density
discussed at the City Commission level.
P&Z Board Minutes
July 17, 1989
Page 21
Mr. Schmidt then returned to the Board.
V. PLANNING AND IMPLEMENTATION ITEMS:
A. Determination of Similarity of Use, Gas Stations in the
MIC Mixed Industrial Commercial:
Mr. Kovacs pointed out that a traditional gas station
would be appropriate in the MIC; however, the high
volume/convenience stations would not be allowed.
There was no action taken by the Board.
B. Determination of Similarity of Use, Car Wash in the MIC:
Mr. Kovacs pointed out that a car wash is allowed in the
MIC when the use is an assessory to a car care center.
There was no action taken by the Board.
Mr. Schmidt declared a conflict and stepped down from the Board for
the following item:
C. Modification to Section 173 . 030(P) ( 1) to Apply to All
Residential Districts and that this Exception to Take
Precedent Over Conflicts with Base District Regulations:
Mr. Schneider made a motion to recommend that Section
173 . 030(P) apply to all residential zone districts . The
motion was seconded by Mr. Bridges and passed by a vote of
5-0.
The meeting was adjourned at 12 :25 A.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting of
said body for July 17, 1989, which were formally adopted and
approved by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as indicated
above, then this means that these are not the official Minutes.
They will become so after review and approval, which may involve
o e chan es .
•
MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH, FLORIDA
PUBLIC HEARING/REGULAR MEETING
MEETING DATE: AUGUST- 21, 1989
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I. CALL TO ORDER:
The meeting was called to order by Chairman Soloway at 7: 05
--` P.M. Upon roll call it was determined that a quorum was
present.
Members Present: Chairman Soloway, Coopersmith, Klarer,
Parker, Schneider, Schmidt
Members Absent: Bridges
Staff Present: David Kovacs, Stan Weedon, Jeff Costello,
Vickie Renna, .Celeste McDonough
•
II. CONSIDERATION OF MINUTES:
The Minutes of the meetings of June: 26, 1989 and August 3 , 1989
were before the Board. - It was then moved by Mr. Schmidt,
seconded by Mr. Parker and carried 6-0 to approve the Minutes
of June 26, 1989. Mr. Schneider then moved to approve the
Minutes of August 3, 1989. The motion was seconded by Mr.
Parker and passed 6-0.
,' The consideration of Minutes for several past meetings were
deferred to a subsequent meeting.
_: . _ .:III. PUBLIC HEARINGS:
A. Annexation of South Professional Center, Existing Office
Development on Military Trail South of Boca Ray Plaza:
Mr. Kovacs introduced -the item through a review of the
Staff Report. The following points were emphasized:
- that a site plan for the total property, approved by
the County and upon annexation into the City, will no
longer have any status. The applicant will have to
L go through a site plan review by the City.
P&Z Board Minutes
August 21, 1989
Page 2
- that- the proposal will probably meet the City' s
requirements except for one problem area which is the
easterly boundary, which the City will be looking for
25' of land - to be dedicated for . right-of-way
purposes.
if the water and sewer mains are not already planned
to be extended to the far eastern property line.
-did not foresee any problem with respect to Military
Trail and that- the proposal will bring a good project
into the. City.
• There were no questions; therefore,- the Chairman declared -
the Public Hearing opened. The following individual
addressed the Board:
Mr. Bob Basehart, Agent, stated that he was already aware
that site plan review will be necessary.
There being no one else to speak the Chairman then
declared the Public Hearing closed.
it was then moved by Mr. Klarer,- seconded by Mr. Parker
and passed 5-0 to recommend that the City Commission
approve the annexation of the South County Professional
Center annexation with_ initial .City zoning of POC (Planned
Office Center) . •
B. Conditional Use, Amusement Center •(Ballys at the Delray
Mall) :
Mr. Kovacs introduced the _item through a review of the
Staff Report. : The following items were emphasized:
- that- the :proposed use will: be internal =to• the -mall
__ and that there has been an amusement facility which
ceased operation a few years ago.
- that prior to notification to property owners two
letters of objection were received; one letter was
included in the Board members agenda packet, the
other letter of objection was received from W.
Auyers, Harborside Condominiums.
P&Z Board Minutes
August 21, 1989
Page 3
- .-that : staff was concerned of possible delinquency
problems and asked the City' s Police Department to
check out the matter. Sergeant Ross Licata had
• • contacted the Sheriff' s Office, the Boca Raton and
Boynton Beach Police Departments. His report
reflected no problems with the use and that this
facility could possibly enable the Police to observe
any teenagers they suspect who may have problems.
:There *being no questions the Chairman then declared the
Public Hearing `opened. The following individuals
• addressed the.Board:
• Mr. Skip Miller, Attorney representing the applicant,
pointed out that the facility will have an adult attendant
on the premises at all times and that the only entrance
will be through the mall.
Mr. David Balogh responded to Ms. Coopersmith' s inquiry as
to how the facility could enforce teenagers skipping
school. He explained that the Manager or an employee
. . . : .would ask for identification.
There being no one else to speak the Chairman then
`"._declared .the Public Hearing closed.
. It was then moved by Mr. Parker, seconded by Mr. Schneider
and passed 5-0 that based upon positive findings with
respect to applicable standards for the evaluation of
conditional use requests, to forward a recommendation to
•
the City Commission for approval of the conditional use
request.
C. Proposed Text Amendment to Accommodate Bed and Breakfast
in Certain Zoning Districts:
Mr. Kovacs -introduced: the _ item to the Board through a
review of the Staff Report. He pointed out that a lot of
communities do not have the type of restrictions like
Delray is proposing. Some of . Delray' s restrictions are
- geared to our unique problems.
The Chairman then declared the Public Hearing opened. No
' -- -one wished to speak; - therefore, the .Chairman :closed the
Public Hearing closed.
Ms Coopersmith=.asked if permits were necessary in order
. to. run a. Bed and Breakfast facility.
• P&Z Board Minutes
August 21, 1989
Page 4
•
Mr. Kovacs responded that a conditional use approval would
be necessary and that an occupational license approved by
the Health Department would also be necessary.
- Ms. Coopersmith then stated her objection. `to the use of
neon signs.
It was pointed out by Mr. Kovacs that signs are reviewed
by the Community Appearance Board. He suggested that
perhaps the _ CAB could review and approve Bed and
''Breakfast requests on an individual case. Also, due to the
character of the neighborhood, signs could be restricted
further by the conditional use approval process.
Mr. Schneider felt that Bread- and Breakfast Inns should be
limited to serving only one meal (breakfast) as opposed to
three meals.
It was then moved by Ms. Coopersmith, seconded by Mr.
Parker and passed 5-1 - (Schneider dissenting because he
felt that only one meal should be allowed) to recommend to
the City Commission that Bed and Breakfast Inns be allowed
as a conditional use in certain zoning- districts; and,
I = subject to the word "Inn:" being added to the definition of
a Bread 'and Breakfast.
A motion was then made''` by Ms. Coopersmith to recall the
vote because she :felt-that the item should be discussed
- - - -further by the Board members. There being no second to the
motion the vote remained as recommended.
IV. ' LAND USE REQUESTS
- SITE AND DEVELOPMENT PLANS:
Al. . Delray Bay (Crosswinds Apartments) , 222 Units South of
Linton Boulevard:
Mr. Kovacs introduced the item through a review of the
Staff Report. He pointed out that the Board had reviewed
the sketch plan at a work session and then reviewed the
revised site plan at another work session (relative to the
access issue) .
Mr. Larry Young, Radice Corporation, stated that he had no
objections to the four conditions of approval with the
exception of Condition (2) . He felt that a solution would
be worked out and that it may. not be necessary to tear up
the road and agreed that the dead-end situation needed to
be resolved. He suggested that an alternative solution
could be discussed with the Homeowner' s Association.
- P&Z Board Minutes
August 21, 1989
_ Page 5
In regard to the access issue, Mr. Young felt that the
access onto Linton Boulevard is critical to the project;
thereby, allowing the development direct access to the
main arterial road and giving the project a safer
entranceway. .. He also felt that it would eliminate going
through the Crosswind's development property which could
possibly create marketing problems with prospective buyers
being confused and going to Crosswinds by mistake; the
access would increase the volume of traffic in and around
the project itself. Mr. Young informed the Board that the
Crosswind' s Homeowner's Association is very supportive of
_ the access from Linton as the Crosswinds development would
prefer total separation.
- Mr. Charles Radice stated -that he `.would like a
clarification in regard to the replat of the entrance to
Parcel A.
- Mr. Kovacs responded that he did not have the final say on
this issue and that the Planning staff had discussed this
issue with the Engineering Department and the City
Attorney and that . they . did not foresee any problems. He
added that_ they seemed to .be receptive . to Mr. _ Radice's
suggestion.
IF . -Mr. Radice stated that; he did not feel that this project
would adversely .impact_linton Boulevard.
i-It was -then moved by-Mr. Klarer, seconded by Mr. Schneider
and passed 5-1 to recommend to the City Commission
approval of the site and development plan subject to
conditions (1) . thru (4) .
A2. Preliminary Plat for Delray Bay:
Mr. Kovacs: introduced the item through a review of the
Staff Report. He pointed out that are some off-site
connections between -the initial Phase II water main -
construction and a` main along - Germantown Road. - Also,
off-site improvements to upgrade the lift station need to
be completed. Also, modifications were needed to the
drainage permits since_. the. drainage system is.. to be
slightly modified.
It was then moved by Mr. Schneider, seconded by Mr. Klarer
and passed 5-1 (Schmidt dissenting) to recommend_ approval
- of the preliminary plat subject to the following:
1. '` Acknowledgement by the Agent: of the contents- of the
staff report and his commitment to comply with it,
with the understanding that consideration may be
given to other solutions or alternative solutions to
identified problems or requirements during
consideration of the final plat.
P&Z Board Minutes
August 21, 1989
Page 6
•
B. Group Facility and Office, S.W. 10th Street, Silver
Terrace:
Mr. Kovacs introduced the item through a review of the
Staff Report. The following items were emphasized:
- recommended_ that Administrative Relief be granted to
allow parking within the sideyards.
that provisions be made for the removal of a "U"
driveway on S.E. 10th Street (Condition #5) and that
the Board has two alternatives: 1) that it be removed
- at the present time or concurrent with occupancy
because it violates Code standards and that - the
developer is put on notice that it is in violation;
and 2) that both Miami and Park Avenue are unpaved.
He explained that the City requires as a condition of •
development access to parking areas and that the
developer has - a responsibility to help improve the
roads. It was recommended by the City Engineer that
a cash bond be made toward the cost of improvements
and that the funds be placed in escrow to" be .used for
�I the developer's contribution.
•
Mr. Kovacs stated that _ he preferred that- in lieu of
_funding improvements to- Miami Boulevard and Park Avenue,
-the owner enter into -;an agreement to participate in future
improvements.
- that the developer be responsible for some
improvements and upgrading of some streets. That a
cash bond of the amount determined by the approved
cost estimate _be_ submitted to the City. Such a bond
will be held in escrow until such time that the-
improvements are made.
". Mr. Mark "Marsh, Architect, felt that the "U" driveway
would not be . necessary- because of the nature - of the
facility the residents - will not be driving vehicles
themselves and that very little permanent parking would be
on site. Mr. Marsh agreed with Mr. Kovacs' suggestion
that the owner be allowed to enter into an agreement ("Run
with the Land" ) .
-- - It was then moved by-Mr. Schneider, seconded-by Mr. 'Parker
and passed 6-0 to recommend that the site plan be approved
subject_ to the following conditions and prior to the
- • issuance of any building permit:
1. Recordation of a Right-of-Way deed for the additional
seven ( 7) feet of right-of-way on S.E. 10th street.
• P&Z Board Minutes
August 21, 1989
- Page 7
2. That a Unity -of Title be filed and recorded.
3. That an application for a water meter and a sewer
meter be approved by the Public Utility Department.
- •- 4. That all the comments identified in the Technicial
Section of the Staff Report be addressed.
• 5.- That in-lieu of funding improvements to Miami
Boulevard and Park Avenue, the owner enter into a
commitment * to participate in a future
" improvement/assessment district for infrastructure
improvements.
C. Corniche Office Building, S.E. 6th Avenue:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He pointed out that he did
not foresee any problems.
Mr. Mark Marsh, Agent, stated that he had no objections to
II the list of conditions.
It was then moved - by Mr. Schmidt, seconded by Mr.
.Schneider: .and passed :6-0 to recommend to the City'
Commission approval of .thee :site* and development plan
subject to Conditions (1) _ thru- . (3) - as outlined in the
Staff Report.
. -D. Site and Development Plan, McDonalds -- On a Portion of
Parcel I, Linton Center, Across from WallaceDodge:
Mr Kovacs introduced -the -item through a review of . the
Staff Report and pointed out that the Staff Report- was
more complex`for this -item. -He stated that there was no
problem with the Siteplan but there- is -a- problem with the
- coordination of utilities and the Waterford _ Place
project' s road extension. He then pointed out the
following:
that the plat issue has to- be resolved
- - that before construction, arrangements -for a traffic
light at Germantown Road and Linton Boulevard through
Palm Beach County, a cash payment be made for the
traffic signal and that the plat has to be approved
prior to the issuance of any building permits.
' P&Z Board Minutes
August 21, 1989
_ Page 8
- that permission would be needed to remove the
vegetation from the utilities companies. If the
developer cannot get the approval, then the perimeter
landscaping strip will have to be moved outside the
utility easements.
- clarify that the playground is not a part of the site
plan submission at this time.
Mr. Allen Ciklin, representing the petitioner, agreed with
the comments and realized that approval is needed from the
Community.Appearance-Board.
There being no further discussion; - it was then moved by
Mr. Klarer, seconded by Ms. Coopersmith and passed 6-0 to
recommend to the City Commission approval of the site and
development plan subject to conditions (1) thru (8) as
outlined in the Staff Report.
Mr. Schneider stepped down from the Board for the following item.
E. Site and Development Plan, COSTCO at the Southwest- Corner
of Linton Boulevard and S.W. 4th Avenue:
Mr. Kovacs informed the'-Board that a revised Staff Report
was prepared and that staff has met with the petitioners
to review the report. He then emphasized the following:
that three variances were needed: 1) to accommodate
a meandering sidewalk in the special landscape area
along Linton; 2) for relief from the district
boundary requirements; and, 3) relief from the load
area requirements.
that Administrative Relief should be granted to allow
up -to -,155 parking spaces to be designed for compact
car parking. (Mr. Kovacs pointed out that _this
condition was not listed in the Staff Report) .
Mr. Schmidt expressed concern of ;buffering at the rear of the
property.
Mr. Kovacs stated that there - is a ficus hedge on the property
-and a tree line that is already on the.Laver' s property.
f
• P&Z Board Minutes
August 21 , 1989
Page 9
' in regard to condition (A) items (1) thru ( 3) , Mr. Kovacs
stated that the latest information on the
intersection five lane requirement also will be to
construct paving on the north side of the intersection and also
additional dedication on the east side (12 parking
- spaces) . . . . . . . .can .revisit :at plat submission. . ... .
Mr. Ciklin responded that " his traffic engineer had supplied
additional information to the City' s Engineering Department and
that these issues can be.-resolved prior to platting.
Mr. Kovacs pointed out another condition that is not outlined
'. in the staff report_.relative to a requirement of 100 ' stacking
entry distance.
Mr. Schmidt expressed concern with buffering at the rear of the
property.
The Planning Director stated that there is a ficus hedge on
this property and a tree line already exists on the Laver' s
property.
After discussion, the members of the Board made the following
recommendations for eachof the three variances:
It -was_: then moved by- Mr. -Schmidt,- seconded by Mr. Klarer and
passed -5-0 to recommend to the City Commission that a variance
be granted to accommodate a meandering sidewalk in the special
landscape area along Linton Boulevard in that it provides for
greater pedestrian safety. An easement for the sidewalk will
be required on the plat which is to follow.
A motion was then made by Mr. Klarer, seconded by Mr. Parker
and passed 5-0 to recommend to the City Commission that a
variance be granted for relief from the district boundary
requirements in that a sufficient landscape separation exists
when combining the - on-site ' landscaping and the ,:, perimeter
landscaping area on the-.property- to -the south.
It was moved by Mr. Klarer, seconded by Mr. Schmidt and passed
5-0 to recommend to the City Commission that a variance be
granted for relief from the loading area requirements in that
they are not applicable for a large scale single use as
presented in this proposed development; however, this variance
shall be restricted - only to 'this" site plan .and should .not run
with .the .Land.
P&Z Board Minutes
August 21, 1989
Page 10
Mr. Schneider then returned to the Board.
F. Site Plan in Conjunction with a Water Service Agreement
_ for the Gulf Station and Car Wash at the Southwest Corner
of Military Trail and Atlantic Avenue:
_Mr.- :Kovacs introduced the item through a review of the
Staff Report and explained that the proposal is a County
_ project and involves some changes at the corner of
Military Trail and Atlantic Avenue as part of the process
- - to obtain water and sewer services the project will have
to go through the City's site plan review process. He then
emphasized the following:
- as part of the water service agreements, it was made
a condition by the City that the City or County' s
restrictions apply, whichever is the most stringent.
However, when one of the City' s standards conflicts
with one of the County' s standards then the City
would yield because the development is located in the
County. On this particular parcel there- are a couple
of conflicts:
1. .•.; In regard to the property line and the driveway,
the City - .requires 15' of property separation.
- The County wished to move it further west from
the intersection; therefore, the City yields to
the County' s rationale.
2. The City desired a 26 ' landscaping area along
Atlantic they have not provided -because - of-
negotiating with the County.
3. In regard to handicapped parking, the City feels
it should be striped and marked close to the
building. The bounty prefers. it .to remain as
shown on the site plan; therefore, the City is
yielding to the County' s requirement. Once the
property -is annexed into the City the applicant
will adhere to the City' s desires.
Mr. Allan Ciklin, Attorney, stated that he had no
- objections and would be willing to comply with :the City-s
- _ wishes.
Mr. Schneider stated that he -preferred the handicapped
parking spaces stay where it is on the plan. He felt that
the handicapped spaces were be out of the gasoline area.
P&Z Board Minutes
August 21 , 1989
Page 11
It was then moved by Mr. Schneider, seconded by Mr. Klarer
and passed 6-0 to recommend approval of the water service
agreement and the attendant site plan subject to the
following conditions:
1. Submission of a revised site plan addressing the
following comments:
- . provide wheel stops
- provide 26 feet of landscaping along West
Atlantic Avenue
- : property mark the handicap parking space
including signage
2. Submission of a revised landscape plan addressing the
following comments:
- indicate that all trees will be a minimum of 12'
in height.
n - show perimeter hedging along the interior of the
required perimeter landscape strip.
- provide two additional interior trees and
- additional foundation plantings south of the car
wash.
provide a note on the landscape plan that sod
and irrigation will be provided to edge of
pavements in adjacent right-of-ways.
3. Providing proof of ownership for the donut shop site
prior to the execution of water service agreement.
4. Providing a recorded 12 -foot easement for the water
main which crosses -the .site.
•
P&Z Board Minutes
August 21, 1989
Page 12
•
\
PLATS:
G. Final Plat, Delmar Woods (Former Tietzman Property) :
- Mr. Kovacs introduced the item through a review of the
staff report. He pointed out that were some problems such
as:
that a water utility easement be provided and
dedicated for future installation of a public
water main.
- that the developer provide a payment of a- cash
bond for future improvements to Germantown Road.
Mr. Bill 'Blackham, representing the proposal, stated that
he had no objections and asked for clarification of the
word "improvements" and "cash bond" .
The Planning Director responded that the City would
prefer a cash payment for road improvements.
I It was then moved by Mr. Schmidt, seconded by Mr. Parker
.and passed 5-0 (Coopersmith not present for the vote) to
- certify..the final plat subject to the followingconditions
- which -
H. Final Plat, Andover Section III:
Mr. Kovacs introduced the item through a review of the
staff report. -The following items were emphasized:
- - that there has been a reconsideration of an easement
which has been resolved.
-- - theeproximity _of houses _to an existing water main.
- details regarding the signing of 'the plat.
Mr. Bill Maher, co-owner of the property, stated that he
not be put into a position to record A plat before either:
1) that improvements be installed; and, 2) that financial
guarantee be given to the City.
Mr. Kovacs stated that the City does not want to have a
signed plat given to the developer prior to a financial
guarantee in hand prior to execution by the City.
• P&Z Board Minutes
August 21 , 1989
Page 13
Mr. Maher asked for a clarification of the word
"reasonable" in regard to the determination of the width
of the easement (condition #3 ) .
After discussion, it was then moved by Ms. Coopersmith,
seconded by Mr. -Klarer and passed 6-0 certify the final
plat as being consistent with the approved preliminary •
plan pursuant to the conditions and that condition ( 4) be
amended to state it shall not be executed until a
_financial: guarantee .be in place. The conditions are as
:follows:
1. That prior to appearing before the City Commission,
the dedication- pages of the Plat shall be modified to
accommodate the technical items identified in the
Planning and Zoning Staff Report. •
2. That prior to appearing before the City Commission,
the technical aspects of the construction plans must
be modified.
3. That specific easements for the water and sewer mains
which exist outside of Tract "A" (private road) shall
be provided and shall . be on such a width (as
determined by the Director of Public Utilities) so as
to minimize potential damage to future homes and lot
:- improvements. -
4. That the City Commission is to impose a special
condition that a financial guarantee shall be
provided for all pifblic improvements, including
off-site road improvements within the Germantown Road
right-of-way.
`I Replat, Windy Creek aka Hanover Square:
Mr. Kovacs introduced the_ item. through a review of the
- staff report. He stated that the Board acted on the
Windy Creek' s making an amendment to a SAD a few months
;-ago to- eliminate the common areas -behind the lots be made
_apart of each. of_ the lots.
'P&Z Board Minutes
August 21, 1989
Page 14
There being no discussion by the Board, it was then moved
by Mr. Klarer, seconded by Mr. Schneider and passed 6-0 to
recommend that N.W. 41st Avenue be changed to Windy Creek
Lane; and to certify the plat as acceptable as a final
_ plat subject to the following conditions:
•
1. That prior to consideration of the final plat by the
City Commission approval must be obtained for the
abandonment of the utility easements within Tracts
"E" , _ "F" and "G" .
- 2. That all the items stated in the Technical Review
section of the Staff Report be addressed prior to
consideration of this plat by the City Commission.
•
J. Final Plat, Delray Yacht Club:
The Planning Director informed the Board that this item is
postponed to the meeting.
K. Final Plat, Estates III Replat, The Hamlet:
Mr. Kovacs introduced .the item. through a review of the
staff report. Be pointed out- that this proposal has a
history of technical problems- but most can be handled
administratively by staff. He explained that the plat
needs to reflect that Lots 4a, 5a and 6a are tracts and
are not buildable lots (these lots can be combined into
one tract and be called a . landscape buffer tract) . .
Mr. Attorney. . . . . . . . . Owner of Lot C is
willing to be part of the plat. . Lot 1 is a problem. . .
Mr. Kovacs suggested - that perhaps Condition (1) could be
amended to_ read: "or in another manner - as acceptable by
the City Attorney". y
It was then moved - by-.. Mr._ Schneider, seconded by Ms.
Coopersmith and passed 6-0 to recommend approval of the
preliminary plat submission for a replat of a portion of
Block 1, Estates III Subdivision, subject to Condition (1)
and Condition (2) being- amended. -The conditions are as
follows: .
- 1. Inclusion of all of the original boundaries of
original Lots 1 through 6 in the replat or in another
manner as acceptable by the City Attorney.
• P&Z Board Minutes
August 21, 1989
Page 15
changed to reflect the unity of ownership
orig. 2. Combination of Lots 2A through 6A into a single
maintenance and landscaping tract.
OTHER ITEMS:
Recommendations Regarding Street Names Pursuant to the Old
School Square Action:
Mr. Kovacs introduced the item through a review of the staff
report and pointed out that the item before the Board is to
review street names which then will be review by the Fire
Department to check if there may be a duplication of names and
also for the ease of emergency response and dispatches. Mr.
Kovacs recommend approval of the list as submitted with the
following changes:
Chiropractic Street be changed to "Chiropractic Way" ;
- . _Dr. Carol Krol Street be _changed to "Dr. Carol Krol Way" ;
- Fladell' s Road to Dr. Andre' s Way.
Mr. Dick Echerle, Coordinator of the Woodlake Homeowner' s
Association, stated that the association objected to the use of
the name "Chiropractic" because it reflected a commercial image
and asked the Board to consider a name change. _
Ms. Mary Lou Strollo, Executive Director of Old School Square,
Inc. explained to the Board the procedure of the auction and
that the names of the streets came directly from the people who
made purchases at the auction.
After discussion, 'it . was the -,consensus - of the Board that
"Chiropractic Street" was not an.-appropriate name.
P&Z Board Minutes
August 21 , 1989
Page 16
It was then moved by Ms. Coopersmith, seconded by Mr. Klarer
and passed 6-0 to forward the list of requested street name
changes and naming of alleys to the City Commission with a
_- recommendation of approval with the inclusion of the following
changes:
- :that Wallace Drive remain Wallace Drive
- ` ` Fladell' s Road changed to Dr. Andre' s Way
- Dr. .Carol Krol Street_ be changed to Dr. Carol Krol Way
and that the street name of "Chiropractic Street" not be
accepted.
: V. : . PLANNING AND IMPLEMENTATION PROGRAM ITEMS
• Mr. _Schmidt stepped down from the Board for the following item:
A. Ordinance 47-89, Zero Rear ' Yard and Other Encroachments
Along Open Space Areas:
Mr. Kovacs introduced the item through a review of the
staff report. He explained that the the proposal is to
expand the exception privilege and to allow screen pool
enclosures to go to zero setbacks.
Mr. Klarer stated that he objected to other accessory
structures also having such a privilege.
It was then moved by Mr. Parker, seconded by Mr. Schneider
and passed 3-2 (Klarer and Coopersmith dissenting) to
forward a recommendation of approval as recommended by the
Planning Director.
Mr. Schmidt returned to the Board.
P&Z Board Minutes
August 21 , 1989
Page 17
The meeting was adjourned at 10:10 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the . information provided herein is the Minutes of the meeting of
said body for August 21. 1989, which were formally adopted and
_ _ approved by the Board on
. _ Celeste McDonough
If the Minutes that you have received are not completed as indicated
above, then this means that these are not the official Minutes.
They will become so after review and approval, which may involve
some changes.
(r
I
OF THE PLANNING AND ZONING BOARD "
MINUTES J
CITY OF DELRAY BEACH
PUBLIC HEARING/REGULAR MEETING
MEETING DATE: SEPTEMBER 18 , 1989
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FL 33444
I . CALL TO ORDER
The meeting was called to order by Chairman Soloway at 7 : 05
P.M. Upon roll call it was determined that a quorum was
present.
Members Present: Chairman Soloway, Bridges, Coopersmith,
Klarer, Parker, Schmidt
Members Absent: Schneider
Staff Present: David Kovacs, Stan Weedon, Paul Dorling,
Jeff Costello, Vickie Renna,
Celeste McDonough
II . PUBLIC HEARINGS:
Mr. Bridges stepped down from the Board for the following item.
A. Rezonings from POC and R-1A to S.C. (Wallace
Dealerships) along Linton Boulevard at S.W. 10th Avenue
Extended:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following items were
emphasized:
h2- --; - that there are several lots of record that were
platted until aggregation of the property.
- that there was a problem with Queens and
Germantown Road until such time that Wallace
obtained ownership.
the intent is to expand the dealership.
There were no questions; therefore the Chairman
declared the Public Hearing opened. There being no one
to speak the Chairman declared the Public Hearing
closed and turned to the Board for action.
P&Z Minutes - Public Hearing/Regular Meeting
September 18, 1989
Page 2
It was then moved by Ms. Coopersmith, seconded by Mr.
Klarer and passed 6-0 to recommend to the City
Commission approval of the zoning request from POC and
R-1A to SC (Specialized Commercial) .
B. Major Modification of the Wallace Dealership
Conditional Use on the North Side of Linton between
Germantown Road and S.W. 10th Avenue Extended:
Mr. Kovacs introduced the item through a review of the
Staff Report. He pointed out that the request is to
add land to be zoned as part of the conditional use and
if approved, to prepare a new site plan which will
provide for connection between what was proposed east
and west and to move some showrooms to the southeast
corner. The revised site plan will be before the Board
next month for action. He also pointed out that due to
an analysis of the present site plan several problems
were identified which are appropriate to address at the
present time.
Mr. Larry Schneider, Agent, was present and asked a
question regarding buffering to adjacent property.
The Planning Director explained that a wall is required
by code between residential and commercial properties.
He stated that there are three options: 1) follow the
City' s code regulations; 2) to go along with the
applicant' s proposal; and, 3 ) accept the proposal by
staff. Mr. Kovacs added that he had discussed this
issue with the Chief Building Official and he is
willing to accept direction from the Planning and
Zoning Board.
The Planning Director recommended approval of the major
modification and conditional use subject to four
conditions. He added that technical items, as listed
in the staff report, can be addressed in detail during
the site plan review at a later date. However, the
Board needs to address and give general direction on
how to mitigate adverse impacts which will be created
by this specific use.
There were no questions; therefore the Chairman
declared the Public Hearing opened opened.
Mr. Mark Marsh, Architect, asked the Board for
clarification relative to the height of the hedge
requirements to be allowed to proceed with a 3 feet
hedge and to increase the height to 4 1/2 feet.
P&Z Minutes - Public Hearing/Regular Meeting
September 18 , 1989
Page 3
There being no one who wish to speak, the Chairman
declared the Public Hearing closed and turned to the
Board for action.
It was then moved by Mr. Parker, seconded by Mr. Klarer
and passed 6-0 to accept the landscaping layout as
shown on the site plan which provides a 10 foot
landscape strip with 3 foot hedging and Palm trees
15-25 feet on center.
Mr. Schmidt then made a motion to forward to the City
Commission a recommendation of approval for the
Conditional Use request based upon findings to Section
173 . 848 and subject to conditions. The motion was
seconded by Ms. Coopersmith and passed by a 6-0 vote.
The conditions are as follows:
1. That the resolution of the east boundary situation
as recommended by the Board be incorporated into
the Site and Landscaping Plan.
2. That lighting along S.W. 10th Avenue be a maximum
of 40 candles at all times and be confined on
site.
3 . That improvements to S.W. 10th Avenue be phased
corresponding with availability of the entire 50
feet of right-of-way.
4. That information regarding the adequacy of the
employee parking be provided for the site plan
review.
Mr. Bridges then returned to the Board.
C. Annexation with Initial Zonings of GC and POC for
Properties Located on West Atlantic Avenue, East of
Military Trail (West Atlantic Avenue Annexation #1) :
Mr. Kovacs explained that the City initiated annexation
consists of a 56 .41 acre area comprised of sixteen
parcels lying north and south of Atlantic Avenue east
of Military Trail and west of Barwick Road. He
suggested that the effective date of the ordinance
should be December 1, 1989 in order to accommodate
Pharmor which is under construction and a modification
to a gasoline station on the northeast corner.
P&Z Minutes - Public Hearing/Regular Meeting
September 18, 1989
Page 4
In response to a question asked by Ms. Coopersmith
relative to signage requirements, Mr. Weedon explained
that it is the interpretation of the City Attorney that
the existing sign amortization which applies City wide
will also apply to newly annexed areas. Any signs that
are nonconforming will have to removed or replaced
prior to July 10 , 1991.
Should this be mentioned?
Discussion relative to water contamination wells
in incorporated contaminated and residents will be want
to annex in order to receive water etc.
It was then moved by Mr. Bridges, seconded by Mr.
Schmidt and passed 6-0 to recommend that the City
Commission approve the annexation of the West Atlantic
Avenue Annexation #1 with initial zonings of GC
(General Commercial, POC (Planned Office Center) and
ACT (Agricultural Commercial Transitional) .
IV. LAND USE ITEMS:
A. Site and Development Plan: King Office/Warehouse,
Industrial Block North of S.W. 10th Street at S.W. 13th
Avenue:
Mr. Kovacs introduced the item through a review of the
Staff Report. The following items were emphasized:
that the City eventually approved the F.D.F.
project but also took action to initiate rezoning
of the vacant property in the area from Light
Industrial to a residential classification. That
action was halted because it is inconsistent with
the current Land Use Plan. However,
reconsideration of the rezoning will occur once
the proposed Comprehensive Plan is adopted.
Mr. Tom King, Owner, then addressed the Board.
complex discussion re . King wanting relief from what was shown
on the site plan Kovacs suggested to grant it but require
the 5 ft. between Phase II & Phase III to be planted at this
time. . . .
A motion was made by Mr. Schmidt, seconded by Mr.
Schneider and passed 5-1 (Parker dissenting) to forward
a recommendation that the requested waivers for not
dedicating right-of-way and not constructing a sidewalk
along S.W. 13th Avenue be granted and that the existing
drainage easement be abandoned.
P&Z Minutes - Public Hearing/Regular Meeting
September 18 , 1989
Page 5
It was then moved by Mr. Schmidt, seconded by Mr.
Schneider and passed 5-1 (Parker dissenting) to forward
a recommendation of approval for the Site and
Development Plan to the City Commission based upon
findings as required by Section 173 .745 and subject to
Conditions ( 1) and ( 2) and subject to the Technical
Items as outlined in the Staff Report with the deletion
of Items ( 3 ) and ( 10) of the technical requirements.
Mr. Schmidt amended the motion to include the
requirement of the 5 ' landscaping strip for the Phase I
not include the area to be impacted by the Phase II
addition. The motion was seconded by Mr. Schneider and
passed 5-1 (Mr. Parker dissenting) .
B. Site and Development Plan: Wal-Mart, West Side of
Military Trail South of Linton Boulevard:
Mr. Kovacs introduced the item through a review of the
Staff Report.
Mr. Michael Schorah, Agent, was present and suggested
that the developer be financially responsible for the
installation of the traffic signal on Military Trail
and that this requirement be included in the list of
conditions.
HELP!
After discussion, it was the consensus of the Board to
amend condition 2(c) to reflect that the developer
provide cost estimates for public improvements
including the cost of the installation of a traffic
signal.
It was then moved by Mr. Bridges, seconded by Mr.
Schmidt and passed 6-0 to recommend to the City
Commission approval of the site and development plan
based upon positive findings of Section 173 .745 when
subject to the following conditions:
1. That the "Technical Items" listed in the Staff
Report be complied with.
2. That off-site road improvements be provided as
follows:
a) the addition of the third travel lane along
the entire frontage of the property;
P&Z Minutes - Public Hearing/Regular Meeting
September 18, 1989
Page 6
b) continuation of the third travel lane to the
entry of County Lake and then provide a
standard taper south;
(Note: Conditions (a) and (b) may be deleted
if the County Traffic Division determines
that they are appropriate) .
c) execution of an agreement that the developer
shall install, at his expenses, a traffic
signal at the entry with Military Trail if
such a signal is deemed appropriate by the
County Traffic Engineer. If such a demand is
not made within one year of occupancy of the
Wal-Mart store, this condition shall become
void.
(c) . . . .already in writing per above?
ADD wording one year financial guarantee
C. Master Development Plan, Delray Park of Commerce, Lake
Ida Road at Congress Avenue, Northeast Corner:
The Planning Director informed the Board that this item
was not ready for Board consideration and suggested
that the master development plan be continued to a
special meeting.
It was then moved by Mr. Schmidt, seconded by Ms.
Coopersmith to continue this item to the Planning and
Zoning Board Special Meeting of September 28th.
D. Site and Development Plan, Office on N.W. 1st Avenue
(RO Zone) (Piazzola) :
Mr. Kovacs introduced the item through a review of the
Staff Report. The following items were emphasized:
that at the workshop meeting the Board had
expressed concern relative to buffering to the
east of the property and suggested that a line of
trees be provided. He then pointed out that as
the canopy of trees grow out they will interfere
with the power poles. He suggested the following
three options: a) to leave the site plan as it
is and require additional trees and hedging; b)
or to compensate the loss of 5 feet of land along
the frontage by not requiring a landscape area
along the east boundary other than a hedge; and
c) substitute a hedge for a wall.
P&Z Minutes - Public Hearing/Regular Meeting
September 18 , 1989
Page 7
Recommended approval with revised site and landscape
plans that addresses the technical issues and also that
the 5 foot dedication be provided and that a sidewalk
be installed prior to occupancy.
Mr. Paul Piazzola, Owner, stated that he had no
objections except for the 5 ft. width of the building.
He explained that the parcel is an odd size and that
the building has to conform with the lot with parking
in the rear. The building will be professional offices
which will be leased. He informed the Board that it
would be a hardship if the building has to be smaller
and that he would be happy to provide a wall or a hedge
on the east side of the property.
After discussion, the Chairman turned to the Board for
action.
It was then moved by Mr. Bridges, seconded by Ms.
Coopersmith and passed 6-0 to forward a recommendation
of approval for the site and development plan to the
City Commission based upon findings pursuant to Section
173 . 867 and subject to the following conditions:
1. That a revised site and landscaping plan which
reflects compliance with each of the technical
comments listed in the Staff Report and with the
resolution as recommended by the Board be
submitted to the Planning Department within four
months or prior to a request for building permits,
whichever occurs sooner.
2. That dedication of five feet of right-of-way along
N.W. 1st be accomplished by deed prior to
acceptance of a building permit application.
3 . That a standard residential sidewalk be
constructed prior to occupancy.
Also, subject to compensation for the loss of land
along the frontage ( for dedication) by not requiring a
landscape area along the east boundary other than a
hedge ( 2 ft. and maintained at 6 ft. ) planted on the
property line and provide a continuous curb where curb
stops would normally be located for the parking spaces.
E. Final Plat, Delay Beach Yacht Club Subdivision:
Mr. Kovacs introduced the item through a review of the
Staff Report.
Mr. Matt Gracey, Agent, was present and had no
objections to the list of conditions.
P&Z Minutes - Public Hearing/Regular Meeting
September 18, 1989
Page 8
There were no questions; therefore, the Chairman
turned to the Board for action.
It was then moved by Mr. Klarer, seconded by Mr. Parker
and passed 6-0 to certify the plat as acceptable as a
final plat subject to the following conditions:
1. That prior to the consideration of the final plat
by the City Commission the HRS permit for the
extension of the right inch water main along
MacFarlene must be obtained.
2. That prior to the issuance of a building permit a
recorded copy of the Unity of Title binding the
lots into one for parking purposes must be
provided to the Building Department.
Mr. Bridges stepped down from the Board for the following item,
F. Street Abandonment for Abbey Delray and Attendant Site
Plan Modification:
Mr. Kovacs introduced the item through a review of the
Staff Report. The following items were emphasized:
that due to the Congress Avenue widening land was
dedicated which made a bad situation. This
situation then made it necessary to provide
security at the access point at the southeast
which will become access for emergency purposes
only. A newly designed access will be provided on
Lowson and the existing access on the west of the
property will be closed.
that the action before the Board is whether the
public street system be abandoned in favor of a
private street system; and, if the Board
recommends this idea then to approve the concept
of a walled community which involves a reduction
in the travelway.
Mr. Roger Saberson, Attorney, stated that the primary
reason for this project is to provide security for the
residents of Abbey Delray. He pointed out that his
client preferred a two way system throughout the
project and that there will be a main entrance on
Lowson Boulevard and an emergency access on Congress
Boulevard. Mr. Saberson also pointed out that the
widening of Congress Avenue has exposed the facility
which has created a security problem. The residents of
Abbey Delray preferred a wall to be built for security
reasons.
P&Z Minutes - Public Hearing/Regular Meeting
September 18 , 1989
Page 9
Mr. Parker questioned the Agent as to what plans were
being made that the emergency access would be used for
emergency reasons only.
Mr. Mark Marsh, Architect, responded that there will be
a "crash gate" at the location.
It was then moved by Mr. Parker, seconded by Ms.
Coopersmith and passed 6-0 to recommend approval of the
concept of "Privatization" and instruct staff to
process the abandonment petition and securing the
necessary replacement easements through replatting with
the plat and abandonment to go directly to the City
Commission. The proposal is to be revised to
accommodate a full two-way street system with
additional pavement provided on the west side of the
street.
Mr. Bridges then returned to the Board.
G. Extension of Conditional Use and Site Plan Approval for
Christ Missionary Baptist Church (S.W. 8th Street) :
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He stated that there was
no problem with this request from a technical point of
view and recommended approval of the extension request.
He emphasized that it was very important that the Board
consider each extension request appearing before the
Board as to why progress had not been made.
Reverend Mitchell then addressed the Board and
explained the many obstacles the project has
undertaken. He stated that the Church is very anxious
to start its building program.
Mr. Kovacs confirmed that there has been no changes in
the City' s code nor has the neighborhood changed since
the original proposal.
It was then moved by Ms. Coopersmith, seconded by Mr.
Parker and passed 6-0 to recommend to the City
Commission approval of the conditional use and site
plan approvals, as conditioned, be extended for an
additional eighteen ( 18) month period from the date of
City Commission action.
P&Z Minutes - Public Hearing/Regular Meeting
September 18, 1989
Page 10
Mr. Bridges stepped down from the Board for the following item.
H. Abandonment of Alley and Utility Easement Lot 7, Rio
Delray Shores (Wallace, Federal Highway Dealership) :
Mr. Mark Marsh, Agent informed the Board that a new
site plan will be presented to the Board and asked that
this request be deferred.
The Chairman declared that this item be deferred and
was passed unanimously by the Board.
Mr. Bridges returned to the Board.
V. PLANNING AND IMPLEMENTATION ITEMS: •
A. Determination of Similarity of Use, "Dry Cleaning
Plant" as an Allowed Use in Section 173 . 471(D) :
Mr. Kovacs introduced the item through a review of the
Staff Report.
There being no questions the Chairman turned to the
Board for action.
It was moved by Mr. Bridges, seconded by Mr. Parker and
passed 6-0 that based upon the industrial character of
other uses allowed pursuant to Section 173 . 471(D) e.g.
sign shops, custom fiberglass shops, and warehouses,
the Board finds that the use of "laundry and dry
cleaning plat" is similar and thus allowed as a
permitted use in that geographic area described in
Section 173 . 471(A) .
VI . REPORTS AND COMMENTS
A. Board Members
1. Expiration of Term, Chairman Sid Soloway:
Due to the expiration of his term, Chairman
Soloway thanked the Board members and staff for
their time and efforts and expressed his gratitude
for having the chance to serve the City.
Mr. Schneider stated that all specific references
to standards for handicapped facilities should be
deleted from the zoning and subdivision codes
since they are not dictated by State Statues.
P&Z Minutes - Public Hearing/Regular Meeting
September 18 , 1989
Page 11
Mr. Bridges thanked Mr. Soloway for his service to
the Board and expressed sorrow of his leaving.
It was suggested by Mr. Bridges that the Board
hold a special meeting in order to interview
potential applicants.
B. Staff
1. Need for Special Work Session to Meet with Agents
Regarding October Submittals:
The Planning Director informed the Board of the
need to have a special workshop to discuss various
submittals for the month of October.
It was the consensus of the Board to hold a
special workshop meeting on September 29th.
The meeting was adjourned at 9: 15 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting
of said body for September 18, 1989 , which were formally adopted
and approved by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as
indicated above, then this means that these are not the official
Minutes. They will become so after review and approval, which
may involve some changes.
4
s
r
MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
PUBLIC HEARING/REGULAR MEETING
MEETING DATE: OCTOBER 16, 1989
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
If a person decides to appeal any decision made by the Planning
and Zoning Board with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure
that a verbatim record of the proceedings is made. Such record
includes the testimony and evidence upon which the appeal is to
be based. The City does not provide or prepare such record.
I . CALL TO ORDER:
The meeting was called to order by First Vice Chairman
Bridges at 7 : 05 P.M. Upon roll call it was determined that
a quorum was present.
Members Present: Bridges, Coopersmith, Klarer, Parker,
Purdo, Schmidt
Members Absent: Schneider
Staff Presen: David Kovacs, Stan Weedon, Paul Dorling,
Jeff Costello, Celeste McDonough
II . APPROVAL OF THE MINUTES:
The approval of the Minutes of the meeting of September 28,
1989 was before the Board. It was then moved by Mr. Klarer,
seconded by Ms . Coopersmith and passed unanimously to
approve the Minutes of September 28, 1989 .
The approval of Minutes of several meetings were deferred to
a subsequent meeting.
III . ELECTION OF OFFICERS:
The Planning Director declared the floor opened for the
nomination of Chairman. Ms . Coopersmith moved to nominate
Mr. Digby Bridges . There being no other nomination,
nominations for the position of Chairman were then declared
closed. The motion was seconded by Mr. Klarer, unanimously
electing Mr. Bridges as Chairman of the Planning and Zoning
Board.
Planning & Zoning Board - Agenda
October 16, 1989 /: ,
Page 3
Newly elected Chairman Bridges declared the floor open for
the nomination for the position of Vice Chairman. Mr.
Klarer nominated Mr. David Schmidt, seconded by Ms .
Coopersmith. There being no other nomination on the floor,
Mr. Schmidt was unanimously elected as First Vice-Chairman.
The Chairman then declared the floor open for the nomination
for the position of Second Vice Chairman. Mr. Klarer
nominated Ms . Coopersmith, seconded by Mr. Parker. There
being no other nomination on the floor, Ms . Coopersmith was
unanimously elected as Second Vice-Chairman.
IV. PUBLIC HEARINGS:
A. Consideration of West Atlantic Annexation #2, 16+ Acres
Located on the Southeast Corner of Military Trail and
Atlantic Avenue with Initial City Zoning Designations
of GC (General Commercial) and SC (Specialized
Commercial) :
Mr. Kovacs introduced the item through a review of the
Staff Report. He pointed that the area under
consideration is for the annexation and commercial
zoning with the exception of one parcel . The area is
located on the southeast corner of Atlantic Avenue and
Military Trail . The veterinary clinic will become a
conforming conditional use. All the properties are
served with water and sewer.
There were no questions; therefore the Chairman
declared the Public Hearing opened. The following
individuals addressed the Board:
Mr. Julius H. Brownlee, Attorney, representing a
property owner on the northeast corner, addressed the
Board.
The Planning Director informed Mr. Brownlee that this
particular hearing pertains only to the West Atlantic
Annexation #2 . He pointed out that his client's
property is located in the West Atlantic Annexation #1
which was before the Board on September 19th and will
be heard by the City Commission in approximately two
weeks .
There being no one else to be heard the Chairman closed
the public hearing and turned to the Board for comment
and action.
Ms . Coopersmith expressed concern relative to the
amortization of signage for this particular area.
Planning & Zoning Board - Agenda
October 16, 1989
Page 4
It was explained by Mr. Kovacs that under the City's
present code all signs will have to come into
compliance by July 10, 1991. He pointed out that it is
the City Attorney's position that no matter when a
property is annexed, signs either have to be removed or
brought into compliance by that date.
It was then moved by Mr. Klarer, seconded by Mr. Parker
and passed 6-0 to recommend that the City commission
approve the annexation of the West Atlantic Avenue
Annexation #2 with initial City zonings of GC (General
Commercial) and SC (Specialized Commercial) with second
reading on December 12, 1989 .
Mr. Purdo stepped down from the Board for the following item.
B. Consideration of the Holland Annexation, 10+ Acres
Located on the South Side of Linton Boulevard, East of
BocaRay Plaza with Initial Zoning of POC (Planned
Office Center) :
Mr. Kovacs introduced the item through a review of the
Staff Report. He pointed that the area consists of
approximately ten acres which are essentially vacant.
The area contains a nursery and mobile homes with the
zoning designation of POC which is consistent with the
Land Use Plan. He then pointed out the following items
that needed to be addressed when the development review
comes in such as: the road and how that affects the
location of the fire station and the park site; a
traffic study is needed; also, water and sewer mains
exist south of Linton Boulevard but only within the
Linton Oaks/Boca Ray Plaza. It will be necessary to
obtain easements from the property owner to the south
(South County Mental Health) in order to tie into the
City's water and sewer services. If necessary, the
City will use the power of condemnation to gain rights
of access to those public systems.
The Chairman then declared the Public Hearing opened.
The following individual addressed the Board:
Mr. Clemmer Mayhew, representing the property owner,
informed the Board that his client has owned the
property for over fifteen years and wished to preserve
the quality of development on Linton Boulevard. Mr.
Mayhew asked the Board to consider approval of the POC
zoning designation.
Planning & Zoning Board - Agenda =,� i > -
October 16, 1989 j } '
Page 5 f
r.
There being no one else to be heard the Chairman closed
the Public Hearing and turned to the Board for comment
and action.
Mr. Schmidt felt that the development should not have
the sole responsibility of improvement for a collector
road and perhaps the City should help toward the cost.
It was then moved by Ms. Coopersmith, seconded by Mr.
Klarer and passed 6-0 to recommend that the City
Commission approve the annexation with initial City
zoning of POC (Planned Office Center) .
Mr. Purdo returned to the Board
The Board considered Items (C) and (D) jointly
C. Consideration of a Local Land Use Map Amendment from
Office (0) to Commercial (C) on Property Located at the
Southeast Corner of Lake Ida Road and Davis Road (All
American Enterprises, Inc. ) :
D. Consideration of a Rezoning from POC (Planned Office
Center to SAD (Specialized Activities District) , All
American Enterprises, Inc. :
Mr. Kovacs reviewed the items through a review of the
Staff Reports. He stated that this request was before
the Board in March. The item was continued for a 90
day period. Since there was with no activity the item
was considered officially withdrawn and is now before
the Board for consideration.
The Chairman opened the Public Hearing for testimony on
both items. The following individuals addressed the
Board:
Mr. Arthur Jackel, resident of Rainberry Bay, felt that
the uses were satisfactory to the majority of the
residents and would not add additional traffic if the
uses were limited to the hours of 9 :00 A.M.to 5: 00 P.M.
He had no objection to having the property changed from
office to commercial as long as the proposed list which
was submitted by the Agent was limited to certain uses;
otherwise, he felt those uses would not be detrimental
to the community.
Mr. Purdo questioned Mr. Jackel as to how he felt the
change would be detrimental to the community, if not
changed.
Planning & Zoning Board - Agenda
October 16, 1989 (�
Page 6
Mr. Jackel thanked Mr. Purdo for the correction. He
explained that at the present time the property is not
a credit to the area and is definitely detrimental to
the area. He stated that he approved of the developer
in requesting relief of zoning because he cannot leave
the property with the present zoning.
Mr. Sanford Fisher, resident of Rainberry Bay, did not
have any objection to the zoning change as long as the
property could be adapted to certain uses and not
subject to heavy traffic. He would object, however, to
any use that would create noise and would prefer that
any office use would operate between the hours of 9 :00
A.M. to 5 : 00 P.M.
Mr. Donald Allauge, representing the Rainberry Lakes
Homeowners Association, approved of the list as
presented by the Agent with no stipulations and as long
as the hours of operation were limited. Upon question
by Mr. Purdo, Mr. Allauge confirmed that his community
agreed to any of the uses on the proposed list as long
as the hours of operation were unconditioned and that
he was in full agreement with comments made by the
previous speakers.
Mr. Roger Saberson, Attorney representing the
applicant, felt that the proposed list of uses were
consistent with the Land Use Plan. He informed the
Board that his client has spent in excess of $100,000
for improvements for upgrading the property and to make
the center more appealing. Also, because of the
existing POC zoning designation, his client has been
losing thousands of dollars each month with the
possibility of going into foreclosure.
Mr. Schmidt asked Mr. Saberson which homeowner
associations were present when this item last appeared
before the Board.
Mr. Saberson responded that the communities of
Rainberry Bay, Rainberry Lakes, Rainberry Woods,
Rainberry Villas and Country Manors had received
notification of the rezoning petition.
Mrs . Adele Jackel approached the Board and pointed out
that most of the residents that met with the Agent were
familiar with the rezoning process and asked that the
uses the residents felt were offensive be deleted and
that the uses that they considered borderline uses
remain.
• Planning & Zoning Board - Agenda
October 16, 1989
Page 7
Mr. Parker expressed concern that the property owner
has
has been losing money and felt that it was the City's
responsibility to approve the rezoning.
There being no one else to be heard the Chairman
closed the Public Hearing and turned to the Board for
comment and action.
Ms . Coopersmith expressed concern of traffic and of
trucks loading and unloading on the site. She stated
that if she were to approve the rezoning, that the
following uses be deleted: child care, auto supplies,
appliance (sales & service) and furniture (sales &
service) .
The Planning Director responded that the Board should
focus on the use aspect today and there will be
significant changes on the site once the widening of
Lake Ida Road has been completed and that would
establish specific parking requirements on site when
the Board reviews the redesign.
Mr. Purdo asked the Agent to address three items as
outlined in the Staff Report which were negative
reasons relative to the change of zoning from POC to
SAD.
Mr. Saberson explained that there has been substantial
changes in the form of the application that has been
submitted, the zoning district and the types of
requested permitted uses. He felt the SAD is a more
controlled zoning district. Also, that he had met with
many residents of the area and they seemed to be
satisfied with the list of permitted uses . In regard
to the land use pattern, there were no vacant parcels
west to Military Trail and that it was all developed.
In response to Item (H) as listed in the Staff Report
relative to Excessive Traffic Congestion, Mr. Saberson
felt that there will be some increase in the total
number of trip generation based on commercial land use
versus general office use; also, medical offices demand
more traffic generation as opposed to general office.
He pointed out that because of the widening of Lake Ida
Road to four lanes, staff recommended that this site
dedicate an additional fourteen feet and any additional
traffic should then be accommodated.
Mr. Purdo then inquired if the Agent felt that because
of economic hardship on the owner or should the area
change, property becomes less valuable and that the
Planning and Zoning Board should accommodate a change
in zoning or stay with the Land Use Plan regardless of
any changes .
• Planning & Zoning Board - Agenda
October 16, 1989 t F
Page 8 � f- {
^ 1: ! � ' t
t':
Mr. Saberson responded that he felt that one had to
take in account the economic conditions in designating
zoning. He pointed out the impact on land values in the
area would be an example and that the Board should view
each request individually. He continued to state that
it was common knowledge that there were only three
tenants at the center for a considerable period of
time. His client has tried to rent the property but to
no avail, even with the upgrading of the property. He
felt that it is in the best interest of the City to
have property that is rented which would then add to
the tax base of the City.
Mr. Purdo felt that it was inappropriate to vote
tonight on the permitted uses on such short notice.
After considerable discussion, it was the consensus of
the Board that the following uses be deleted from the
list of requested uses : equipment rental; child care;
furniture and appliance repair and sales; and, auto
supply (sales) .
It was moved by Mr. Schmidt, seconded by Mr. Klarer and
passed 6-0 to eliminate the above uses from the list of
permitted uses .
It was then moved by Mr. Schmidt, seconded by Mr. Purdo
and passed 6-0 to forward a recommendation of approval
of SAD zoning request with the deletion of the above
uses and with the requirement that a site and
development plan be received and reviewed prior to
second reading of the enacting ordinance by the City
Commission and subject to the following conditions:
1 . That fourteen feet ( 14 ' ) be dedicated, by deed,
for right-of-way along Lake Ida Road within thirty
(30) days following enactment of the rezoning
ordinance or the zoning reverts to POC.
2 . That a formal site plan submission be made which
provides for the redesign of the site when
accommodating the dedication along Lake Ida Road.
The perimeter landscaping requirements of 173.633,
the accommodation of two loading berths and
attendant maneuvering areas, and adequate on-site
parking. Said site plan to be reviewed, through
normal procedures, and acted upon by the Planning
and Zoning Board prior to enactment of the SAD
rezoning ordinance by the City Commission.
r;:
• Planning & Zoning Board - Agenda f(:7 C t :�
October 16, 1989
Page 9
l=s
3 . That as a apart of the site plan redesign, a
determination be made and concurred upon by the
City and County Engineering Departments relative
to the closing of the Davis Road access point
closest to Lake Ida Road. And that the City shall
examine the appropriateness of retaining the south
access point along Davis Road in light of the City
policy and general code requirement which
prohibits commercial use of such a street when
there is abutting single family zoning.
E. Consideration of a Rezoning from GC (General
Commercial) to SC (Specialized Commercial) at the
Eighth Street (Henry's Marina) Together with
Consideration of a Conditional Use Request to Allow
Boat Sales and to Allow the Fabrication of Boat
Paraphernalia and Accessories. The Property is Located
between Palm Trail and the Intracoastal Waterway on the
South Side of N.E. 8th Street (George Bush Boulevard) :
Mr. Kovacs introduced the item through a review of the
Staff Report. He pointed out the request is to rezone
the property from GC to SC and the Conditional Use to
allow the boat storage facility; secondly to recommend
approval subject to two conditions; and, to allow the
fabrication of boat paraphernalia and accessories
subject to three conditions. Also, to forward a
recommendation to the Board of Adjustment that a
variance be granted to the landscaping requirements
along N.E. 8th Street and recommend to the City
Commission that Administrative Relief be granted in
order to accommodate the off-street parking on the
church site.
There were no questions; therefore the Chairman
declared the Public Hearing. The following individuals
addressed the Board:
Mr. Michael Schneider, Landscape Architect, highlighted
the following items to the Board Members: 1) the
intention is to improve and enhance the property
through upgrading the landscaping by creating a
continuous landscaping buffer; and, 2) that
arrangements were made with the adjacent church
property to allow accommodations for any overflow
parking.
Mr. Leonard Perry, Manager of the Marina, informed the
Board that he is willing to cooperate with the City.
Planning & Zoning Board - Agenda
October 16, 1989
Page 10 /
AJf
There being no one else who wished to speak the Public
Hearing was declared closed and the Chairman turned to
the Board for comment and action.
Mr. Schmidt asked the Planning Director for a
clarification of the rezoning.
Mr. Kovacs explained that the rezoning is for the
entire parcel and the conditional use request is for
single building.
Motion #1: Mr. Schmidt moved to recommend to the City
Commission approval of the rezoning from GC General
Commercial to SC Specialized Commercial. The motion
was seconded by Mr. Parker and passed 6-0.
Motion #2: It was then moved by Mr. Purdo, seconded by
Mr. Schmidt and passed 6-0 to recommend approval of the
establishment of the conditional use of "Boat Sales"
subject to the following conditions:
A. That a site improvement plan be processed and
approved pursuant to the site plan review
procedures and that it reflect the concepts
proposed in the applicant' s sketch plan and the
representations that the applicant made in his
letter dated September 21, 1989 and subject to
comments outlined in the Staff Report.
B. That the City Commission endorsed the use of
"reservation" in lieu of "dedication" with respect
to right-of-way needs along Palm Trail and 9th
Street.
C. That the boat storage facility be painted a color
that is acceptable to the Community Appearance
Board.
Motion #3: It was then moved by Mr. Schmidt, seconded
by Mr. Parker and passed 6-0 to recommend approval of
establishment of the conditional use of "Fabrication
and assembly of boat paraphernalia" subject to the
following conditions :
A. That canvas tops cannot be assembled and
fabricated at this site and installed at another
site;
B. That off-site work can be done on boats which are
regularly docked at the marina or which have
rented space at the marina but are temporarily
located elsewhere; and,
Planning & Zoning Board - Agenda I
October 16, 1989
Page 11 .` Lj
C. That the primary business of this enterprise is
conducted at the Marina and for boats which use
dockage at this Marina.
Motion #4 (Combined motion for Items (4) & (5) ) : It
was then moved by Mr. Schmidt, seconded by Mr. Klarer
and passed 6-0 to recommend to the Board of Adjustment
that a variance be granted relative to the required
landscaping along 8th Street due to existing hardships
relative to availability of land between the structures
and the existing right-of-way and the desire to have
the property upgraded.
To recommend to the City Commission that Administrative
Relief be granted in order to accommodate off-site
parking for the marina use in the church parking lot to
the west subject to the following conditions :
A. That an agreement for perpetual use of the parking
be provided prior to site plan approval.
F. Consideration of a Conditional Use Request and
Attendant Site Plan Modification to Allow a Kawasaki
Dealership at 505 N.E. 5th Avenue:
Mr. Kovacs introduced the item to the Board and pointed
that the site lies within the City' s Community
Redevelopment Area and will be reviewed by the CRA at
its meeting on October 19th. He suggest that the Board
support a variance from the Board of Adjustment for
parking deficiencies .
It was then moved by Mr. Klarer, seconded by Mr. Parker
and passed 6-0 to recommend to the Board of Adjustment
that a variance be granted to allow 34 parking spaces
on the site and that the conditional use request be
approved subject to the condition that a revised site
plan addressing the technical items noted in the Staff
Report be processed as a non-impacting modification.
•
Planning & Zoning Board - Agenda
October 16, 1989
Page 12
G. Consideration of a Conditional Use Request to allow a
Day Care Center Located on the West Side of S.E. 3rd
Avenue Just South of S.E. 2nd Street (Eben-Ezer Day
Care Center) :
Mr. Kovacs introduced the item through a review of the
Staff Report. The following items were emphasized:
- that a letter of objection was received from Mr.
John Nestor who expressed concern of additional
traffic in the area.
- that a sketch plan could not meet the requirements
for an outdoor play area for the requested number
of children.
- a need for extension of a water main to the south
border of the property and a fire hydrant located
in this proximity.
- that this request is located in an area of
redevelopment proposed in the Land Use Plan. It
is a the policy is that when a land use
application in a redevelopment area is submitted,
is to either tak the option of excelerating the
redevelopment plan or to consider the request on
its own merit.
There being no further questions the Chairman declared the
Public Hearing opened. The following individual addressed
the Board:
Ms . Katherine Brunson informed the Board that she sent
letters to approximately 66 property owners in the area and
had only received responses from six, one of which was from
Mr. Nestor.
Mr. Purdo asked as to the estimated cost a week per child.
Ms . Brunson responsed that the cost would be approximately
$30 to $40 per week for each child.
There being no one else to be heard the Chairman closed the
Public Hearing and turned to the Board for comments and
action.
Mr. Purdo expressed the following concerns :
- turning a residential neighborhood into a commercial
neighborhood
that there were already three more centers proposed
within the area
• Planning & Zoning Board - Agenda f '
October 16, 1989
Page 13 �� ` �'' �• � f '
- the impact of traffic outside the neighbh000d and the
intensity of 93 preschoolers
- that a Miami based entrepreneur coming into the area in
order to make a profit as opposed to a local group
that the project is scheduled for a CRA meeting on
October 19th and the Board is presently without the
Agency' s imput or advice.
Mr. Purdo then moved to deny denial based on failure to make
a positive finding with respect to Standard H
(Compatibility) of 173.848 "Standards for Evaluating
Conditional Uses" . The motion was seconded by Ms.
Coopersmith and failed to pass on a split vote of 3-3
(Klarer, Parker and Bridges dissenting) .
V. LAND USE REQUESTS
SITE AND DEVELOPMENT PLANS
Mr. Bridges stepped down from the Board for the following item.
A. Site and Development Plan, Wallace Auto Dealerships on
Linton Boulevard Together with a Request to Abandon the
Right-of-way for Queens Avenue:
Mr. Kovacs introduced the item through a review of the
Staff Report and express concern relative to the
adequacy of employee parking.
Mr Mark Marsh, Agent, informed the Board that there
were no objections to staff ' s comments; however,
preferred that the employee parking remain in the
central area as proposed.
After discussion, it was the consensus of the Board to
have the Agent meet with the Planning Director in order
to ensure that sufficient parking is supplied and to
then revise the plans accordingly.
In regard to the abandonment of the right-of-way of
Queens Avenue, Mr. Kovacs stated that the County has
voiced objection because they are trying to gain
additional right-of-way along Germantown Road and had
thought it was under their jurisdiction.
In order to avoid any confusion relative to the
obtaining of additional right-of-way along Germantown
Road is that the abandonment occur from the east line
of Lot #1 (extend to Wallace' s property and then
abandonment it) and exclude that from the abandonment.
Planning & Zoning Board - Agenda
October 16, 1989 ,'�
Page 14 t .
It was moved by Ms. Coopersmith, seconded by Mr. Parker
and passed 5-0 to recommend approval upon positive
finds with respect to the "Standards for Evaluating
Site and Development Plan Applications" pursuant to
Section 173 .867 subject to conditions ( 1) thru (5) as
outlined in the Staff Report.
It was then moved by Mr. Klarer, seconded by Mr. Parker
and passed 5-0 to recommend approval of the abandonment
subject to the following conditions:
A. Recordation of non-exclusive utility easements to
the City of Delray Beach and FP&L.
B. Consolidation of the properties through the
platting process.
C. Revision of the abandonment request to accomodate
the following:
Exclusion of that portion of Queens Avenue
adjacent to Lot 1 unless a determination from the
City Attorney is provided allowing the abandonment
of that portion.
Mr. Bridges returned to the Board.
FROM NOTES ONLY
B. Site Plan, Corporate Tech Center, Congress Avenue South
of 22nd Street, 48,854 sq.ft. Building on Lot 2:
Mr. Kovacs introduced the item through a review of the
Staff Report. The following points were emphasized:
applicant requested a waiver from the City
Commission for the requirement for trees 25 ' on
center on the eastern boundary and that this
requirement not apply but that the property owner
does comply with trees 40 ' on center.
also recommend to the City Commission for granting
of Administrative Relief for the designation of 22
compact car spaces.
Mr. Sam Cracchiola stated that the 40 ft. requirement
would be consistent with the other buildings .
Planning & Zoning Board - Agenda
October 16, 1989
Page 15 = , a
It was then moved by Mr. Schmidt, seconded by Mr.
Parker and passed 6-0 to recommend approval upon
positive findings with respect to Section 173 .867
"Standards for Evaluating Site and Development Plan
Applications" and subject to conditions ( 1) thru (4)
below and forward a positive recommendation to the City
Commission for a waiver both from Section 159 .30
(Perimeter Landscaping) and for Administrative Relief
for 22 compact parking spaces :
1 . Submission of revised water, sewer paving and
drainage plans addressing the following:
* Fire hydrant spacing which does not exceed
300 feet of road travel .
* Handicap signage for designated spaces.
* Provide signage ( "Do Not Enter" signs) both
sides of exit from area between buildings .
2 . Submission of revised landscap plan addressing the
following:
* A lighting plan indicating location,
direction height and type.
* Provide a 5 ' minimum landscape island at the
southwest corner of the building.
3 . Submission of a revised site plan addressing the
following:
* Provide one way north movement for entire
area between the two buildings .
* Amend parking calculations for Building Unit
C.
4 . Subject to submittal of a Unity of Title between
Lot 1 and 2 .
Planning & Zoning Board - Agenda /
October 16, 1989 ' c Ir
Page 16
C. Ocean Crest Condominium, Site Plan, 16 Units on A-1-A
South of Linton Boulevard:
Mr. Kovacs introduced the item through a review of the
Staff Report. The following items were emphasized:
that there are problems relative to parking for
the units being provided either by two car garages
or a one car garage with a second parking space
next to the garage on an adjacent driveway. Since
there are 16 units, the requirement is for 8 guest
parking spaces . The submissed site plan reflected
7 parking spaces .
- on the submitted site plan the vicinity of the
clubhouse there are 4 spaces . These 4 spaces were
not included in any of the calculations in the
Staff Report.
- that the Board has three options : 1) to
tentatively accept the site plan and that the
applicant appear before the Board of Adjustment
for a variance; 2) that the parking space be
provided and that the Planning and Zoning Board do
not support a request for a variance; or 3) take
in account the 4 parking spaces at the clubhouse
and the 4 paved spaces and that would meet the
code requirement.
Mr. Carl Glock, President of the Bermuda High West
Homeowners Association expressed concern of adequate
parking and sufficent turnaround maneuvering ability.
He supported the variance request.
Mr. Schmidt suggested that the mailboxes should be
moved to another location and to use that area for
compact parking spaces .
After lengthy review relative to the parking issue, it
was the consensus of the Board that the following be
accomplished:
- that the parking spaces requested for stabilized
sod, not be sodded but that a redesign occur;
- that the mailbox location be moved closer to the
entry;
that compact spaces be installed perpendicular
between the street and the privacy wall by Unit 7;
- that the compact spaces be surfaced with paver
blocks or equivalent decorative materials;
Planning & Zoning Board - Agenda
October 16, 1989 r
Page 17
- the resulting 7 guest parking spaces are deemed
sufficient given the interpretations which were
previously discussed.
It was then moved by Mr. Parker, seconded by Mr. Klarer and
passed 6-0 to forward the site and development plan with a
recommendation of approval to the City Commission subject to
the above statements and subject to the following
conditions :
1. Provide verification from Southern Sanitation on the
acceptability of individual can pick up and their
ability to maneuver on site.
2 . Protective curbing is required around planting areas
adjacent accessways. Curbing is required in guest
parking area.
3. Provide 24 feet of pavement for accessway to existing
clubhouse. The applicant had originally reduced the
width to 20 feet to accommodate additional landscaping.
The additional travel width is required by the
Engineering Department to facilitate proper access .
Also, subject to a plat being provided; and, support from
the Planning and Zoning Board for the granting of a waiver
from the provisions of Section 172 . 17 (A) (2) (sidewalk
installation along A-1-A) .
PLATS AND OTHER ITEMS:
D. Marina Cay, Preliminary Plat, Mixed Use Project on
Federal Highway, North:
Mr. Kovacs informed the Board that this item was not
ready for action tonight.
Mr. Bridges stepped down from the Board for the following item.
E. Saturn Auto Dealership, Preliminary Plat, Southwest
Corner of Federal Highway and LaMat Avenue:
Mr. Kovacs introduced the item through a review of the
Staff Report and recommended support of a waiver from
landscape boundary requirement.
Mark Marsh, Architect was present for this item.
Planning & Zoning Board - Agenda
October 16, 1989 ?;' }
Page 18
It was then moved by Ms . Coopersmith, seconded by Mr.
Parker and passed 5-0 to approve the preliminary plat
subject to compliance with the technical items ( 1)
through (6) and with a positive recommendation forward
to the City Commission in support of a waiver from
Section 159 . 30 (landscaping for abutting property
lines) .
Mr. Bridges stepped back to the Board.
F. Delray Bay (Crosswinds) Final Plat, 222 Apartment Units
on the Southside of Linton Boulevard, West of Homewood:
Mr. Kovacs introduced the item through a review of the
Staff Report. The following items were emphasized:
that conditions (2) , (3) and (4) have been
complied and (5) is presently being worked out
through the City Attorney's Office. Mr. Kovacs
then inquired as to the status of water and sewer
permits and the permit from the County for
improvements on Linton and Germantown Road.
Mr. Larry Young, representing the developer, responded
that the HRS permits for water and sewer should be
ready within the week and that he has supplied staff
with written documentation. Also, that a letter has
been provided from DOT relative to the improvements and
anticipated permits within the week. All permits
should be ready prior to October 24th.
Mr. Young stated that in regard to Condition (2) , the
plat will be redesigned but in order to do so will be
to added a small piece of the property to the
Association, they in turn would deed it back to the
developer. After the rezoning the developer will then
deed this piece back to the Association. He pointed
out that the developer is complying, with the
Association's wishes .
The Planning Directed explained that the City' s Code
does not allow land to be deleted, substracted and
conveyed from a larger parcel and deeded to another
party without the City' s subdivision process . The
Raddice Corp. has violated the Subdivision Regulations
to quick claim their interest to the Crosswinds
Association. The Court Order stated that the land
needed to be conveyed, with proper legal procedures
need to be accomplished. He pointed out that the legal
procedure is to create this parcel as Tract "D" . Once
this has been done it becomes a legal lot and then it
can be transferred. He emplasized that this procedure
has to be adhered to.
r I ` \
Planning & Zoning Board - Agenda
October 16, 1989
Page 19
It was then moved by Ms . Coopersmith, seconded by Mr.
Parker and passed 6-0 to certify the final plat as
being consistent with the approved preliminary plat and
pursuant to the following conditions being addressed
prior to consideration by the City Commission:
1. Receipt of the following permits :
* H.R.S. permits for water and sewer plan
* Permit from the County for Linton improvements,
Germantown Road improvements and Germantown
Road sidewalk.
2 . Provision of certified cost estimates for all
improvements that are to be subject to a financial
guarantee.
VI . PLANNING AND IMPLEMENTATION ITEMS:
Mr. Purdo stepped down from the Board for the following item.
A. Determination of Similarity of Use: Restaurants in the
POC Zone District:
Mr. Kovacs introduced the item through a review of the
Staff Report. He pointed out that restaurants are
appropriate use in the POC District and is similiar in
use to other conditional uses in the POC. The
rationale is the restaurants are acceptable within a
Planned Office center but not as a stand alone building
or as a permitted use.
It was then moved by Mr. Klarer, seconded by Mr. Parker
and passed 5-0 that based upon a finding that a
restaurant is similar to other uses allowed under POC
zoning when the restaurant is a part of a planned and
unified complex of primarily office buildings, that the
use of "restaurant" be added to the list of conditional
uses allowed in section 173 . 693.
Mr. Purdo stepped back to the Board.
Planning & Zoning Board - Agenda
October 16, 1989
Page 20
B. Determination of Similarity of Use: Boat Paraphernalia
and Accessory Fabrication in the SC (Specialized
Commercial) Zone District:
It was moved by Mr. Schmidt, seconded by Mr. Klarer and
passed 6-0 that based upon a finding that it is similar
to the conditional use of "marina" , that the use of
"fabrication of boat paraphernalia and accessories when
a part of a marina" be added to the list of conditional
uses allowed in Section 173.502 .
C. Determination of Similarity of Use: Limo Service in the
LI Zone District:
Mr. Kovacs introduced the item through a review of the
Staff Report. He stated that at the present time the
City does not allow Limo Services anywhere within the
Code. He pointed out that this request is to allow
this use as a permitted use in the LI District and
recommended that the Board not introduce uses into an
industrial district that would bring in the general
public. The rationale in this particular request does
not create a problem in such that the public does not
go to the service; there, the use is appropriate.
Mr. Sam Cracchiola was present for this item.
Mr. Schmidt stated that he preferred conditional use as
opposed to a permitted use.
It was then moved by Mr. Purdo, seconded by Mr. Parker
and passed 5-0 (Coopersmith dissenting) that based upon
a finding that it is similar to other auto related uses
which are allowed in the LI zone district, that the use
of "limousine service" be added to the list of
permitted uses allowed in Section 173.581.
D. Code Amendment Regarding Limitation on Residential
Floors in the RM-15 and Other Zone Districts
173.223(A) (3) et al:
The item was introduced to the Board through a review
of the Staff Report by the Planning Director.
It was moved by Mr. Schmidt, seconded by Mr. Parker and
passed 6-0 that based upon a finding of apparent
oversight forward a recommendation to the City
Commission that the following code sections be
deleted:
173.223(A) (3) --- RM-15 District
173 . 183(A) (3) --- RM-10 District
173 . 143(A) (3) --- RM- 6 District
Planning & Zoning Board - Agenda
October 16, 1989
Page 21
E. Code Amendment Regarding Conflict in Regulations
Pertaining to Setbacks Associated Base Districts and
Townhome Regulations:
Mr. Kovacs introduced the item to the Board by review
of the Staff Report.
After discussion, it was the consensus of the Board to
delete the word "ownership" as recommended in the
"Recommended Action" .
It was then moved by Mr. Klarer, seconded by Mr. Parker
and passed 6-0 that based upon a finding that there is
no apparent basis for a differentiation between
setbacks for townhomes as opposed to other forms of
multiple family housing, forward a recommendation to
the City Commission that the following code amendment
be enacted:
Delete subsections ( 1) and (2) under 173 .973(B)
and replace with the following:
"The yard requirements for townhouses shall be the
same as those for any multiple family structure
within the zoning district in which the townhouse
development is located" .
VII . REPORTS AND COMMENTS
1. Board Members :
There were no comments by Board Members
2 . Staff:
The Planning Director informed the Board that a Special
Meeting will be held on October 26 re comments from the
Department of Community Affairs .
The meeting was adjourned at 10 : 35 P.M.
Planning & Zoning Board - Agenda
October 16, 1989
Page 22
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting
of said body for October 16, 1989, which were formally adopted
and approved by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as
indicated above, then this means that these are not the official
Minutes . They will become so after review and approval, which
may involve some changes.
%3ZAjeD9
�.l
y'
MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
PUBLIC HEARING/REGULAR MEETING
MEETING DATE: NOVEMBER 20, 1989
LOCATION: CITY COMMISSION CHAMBERS, CITY HALL
100 N.W. 1ST AVENUE, DELRAY BEACH
I . CALL TO ORDER:
The meeting was called to order by Chairman Bridges at 7 : 05
P.M. Upon roll call it was determined that a quorum was
present.
Members Present: Chairman Bridges, Coopersmith, Kiarer,
Parker, Purdo, Schneider, Schmidt
Staff Present: David Kovacs, Jeff Costello,
Celeste McDonough
II . APPROVAL OF THE MINUTES OF:
The Minutes of November 10, 1989 were before the Board. Ms.
Coopersmith moved to the Minutes of November 10, 1989 . The
motion was seconded by Mr. Parker and passed unanimously.
The Minutes of several meetings were then deferred to a
subsequent meeting.
III . PUBLIC HEARINGS:
A. Amendment of Linton Square SAD to Accommodate a
Veterinary Clinic:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following items were
emphasized:
that the Linton Square shopping center was
approved as a SAD district; and as such, to add a
new use which would mean to revise the acting
ordinance for the following reasons : 1) a
veterinary clinic is a conditional use in all
other zoning districts, so it would be appropriate
to go through the public hearing process; 2) in
reviewing the records, veterinary clinics were
excluded at the time of initial discussion of the
creation of this SAD.
r •t.
P&Z Minutes - Public Hearing/Regular Meeting f wK
November 20, 1989
Page 2
in regard to the use, the proposal is to use one
of the vacant store fronts as an after hours
(after 5 : 00 P.M. to early morning) emergency
location so that an animal in distress could be
brought when the principal veterinary is not
available.
The Chairman then declared the Public Hearing opened.
The following individual addressed the Board:
David Carpenter, representing the petitioner, informed
the Board that the veterinarian has another facility
which is located on Military Trail. He explained that
if an animal has not been picked up by its owner, it
will then be transferred to the new facility for an
overnight stay only. There will not be any boarding of
animals and that the facility will be in operation from
6 :oo P.M. to early morning. Mr. Carpenter pointed out
that there would be a possibility of expanding hours of
operation in the future and wanted the Board to be
aware of this possibility.
There being no one else who wished to speak the Public
Hearing was declared closed and the Chairman turned to
the Board for comment and action.
In response to a question asked by Ms. Coopersmith, Mr.
Carpenter stressed that the facility on Military Trail
has a full staff and offers surgical treatment. He
emphasized that the proposed facility will be for
emergency purposes only.
Mr. Purdo asked for a definition of "emergency animal
care" .
Mr. Kovacs responded that the veterinarian had
submitted a letter to staff that defined emergency care
as follows : "hit by a car; bite wounds, trauma, food
poisoning, accidents, drowning or other condition that
would be considered critical" . The Planning Director
then pointed out that the City could regulate comments
or if there is any increase in activity via Code
Enforcement Department.
It was then moved by Mr. Schmidt, seconded by Mr.
Parker and passed 7-0 to recommend to the City
Commission approval of the conditional use request to
allow a "veterinary clinic, for emergency animal care
only, hours of service between 6 :00 P.M. and 8:00 A.M. ,
no on-site disposal of carcasses, and providing
overnight accommodation of patients is for medical
treatment only, but excluding boarding facilities",
P&Z Minutes - Public Hearing/Regular Meeting 91W i2j0. .:i
November 20, 1989
Page 3 4 .1
based upon positive findings with respect to the
applicable standards for evaluating conditional uses,
Standards #2, #3, #8 and #10 (Section 173.848) with a
condition that hazardous wastes must be disposed of in
a manner to be approved by the Palm Beach County Health
Department.
B. Conditional Use for South County Drug Abuse Foundation
and Site Plan for West Portion of Site (First Baptist
Church Site, Swinton at S.E. 4th Street) :
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He asked that the Chairman
poll the audience to see if any one wished to speak.
Since there was no one who wished to address the
conditional use issue, Mr. Kovacs stated that the Board
need not dwell on the use issue. He suggested that the
Board could then address the issue of upgrading the
site. He explained that there were four levels for
determining the upgrading of a site such as :
- that which is minimal (that which is proposed by
the developer) ;
- compliance with the most westerly parking row;
total compliance of the westerly parking lot
(removing concrete island and adding landscaping,
etc. )
- to go beyond the western portion of the site and
address the removal of parking spaces that are in
the Swinton Avenue right-of-way and the 4th Street
right-of-way; the installation of landscaping
along 4th Street and Linton Boulevard and the
upgrading of the southeast parking lot.
He then pointed out that there are other items that
deal with the site plan itself of which there are three
issues that needed to be addressed: 1) how much
upgrading that will be done; 2) to bring the minimal
proposal up to Code; and, 3) parking.
There were no questions; therefore the Chairman
declared the Public Hearing opened. The following
individuals addressed the Board:
Mr. Bob Basehart, Agent, explained that the Drug Abuse
Foundation proposed initially to build a new facility
on the westerly 2 .6 acres . The building will consist
of 7,300 sq. ft. with a total of 40 beds. He pointed
out that the Foundation will eventually take over the
entire site and that the westerly portion will be
brought up to Code. The maximum number of staff will
be between 8 to 10 persons and that the existing
parking spaces will accommodate this number of staff.
P&Z Minutes - Public Hearing/Regular Meeting ,
November 20, 1989 r ' } ?.
Page 4
Mr. Basehart felt that 8-10 parking spaces would be
adequate except at special times of the year. He
requested that the Board grant a special exception of
the site plan with conditions to bring the site up to
Code.
Mr. Kovacs recommended that it would be more
appropriate to add 4 1/2 feet to the western parking
lot at the present time. He felt that it would also be
more cost effective to add it now instead of at a later
date.
Mr. Basehart agreed to the Planning Director's
recommendation.
Ms. Claudia Sweeney, President of the Drug Abuse
Foundation of Palm Beach County, stated that the
Foundation proposes to build administrative offices on
the site, as the existing educational center is
presently being used at the present time and that there
is no need to use the Sanctuary at the present time.
Ms. Sweeney informed the Board that the Drug Abuse
Foundation has entered into an agreement with the
Church to purchase the property over a period of time.
She pointed out that the Church still owns the property
and will then lease back a portion to the Foundation.
Ms. Sweeney emphasized that the Foundation will not
abandon the request because it has a sizable equity
interest which is now going into the third year.
In response to the Board's inquiries as to the phasing
of the property and the possibility of the Church
moving, Ms. Sweeney stated that the Foundation would
agree to limit the available seating in the Church to
accommodate number of parking and that this would not
conflict any hardship on church. She pointed out that
there is no stipulation in the agreement that the
property will be divided. She emphasized that the
Foundation is purchasing the whole parcel and not in
segments and that there is quite a large investment.
She further stated that she had supplied copies of the
purchase contract for the members of the Board
approximately one year ago and that she would be happy
to supply copies again. She then pointed out that the
First Baptist Church has purchased property on Military
Trail. She emphasized that the Foundation has existed
in the City for twenty years and is not founded by any
agency, only donations. The Drug Abuse Foundation had
no intention of backing out of any commitment to the
Church or the City.
P&Z Minutes - Public Hearing/Regular Meeting
November 20, 1989 -
�,l
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Page 5
Mr. Schneider stated that he had no objection to the
use of the facility but preferred that the westerly
parking lot be brought up to Code at the present time.
Mr. Basehart stated that he had no objection.
Mr. Schmidt inquired as to the prime visitation hours
of the facility.
Ms . Sweeney responded that the prime visitation for the
facility was at lunchtime on Sunday afternoons and
noted that the professional staff does not work on the
weekends .
There being no one else who wished to speak, the
Chairman declared the Public Hearing closed and turned
to the Board for action.
Motion #1: It was then moved by Mr. Schneider, seconded
by Mr. Parker and passed 7-0 that based upon findings
of compliance with the Standards for Evaluating
Conditional Use request subject to the full upgrading
of the western parking lot with the balance of the site
upgrade to occur with the Drug Abuse Foundation uses
the facility.
Motion #2: It was then moved by Mr. Schneider,
seconded by Mr. Klarer and passed 7-0 to forward to the
City Commission a recommendation of approval for site
plan modifications to accommodate the development of
the western portion of the site for a residential
treatment program subject to the following:
revision of the site plan to provide proper
compliance with the new construction e.g.
- dumpster location, access and screening
- size of trees
- accommodation of a fire hydrant
- provision of parking lot landscape islands and
trees in that portion of the westerly parking
row which is associated with the new
construction
- resurfacing of 4 1/2 ft. of the western
parking lot
- replatting of the property
P&Z Minutes - Public Hearing/Regular Meeting �}
November 20, 1989 S �' �ja f.4
Page 6 ism
C. Conditional Use for Professional Offices in the RM-10
Zone District on N.E. 4th Street (east of 2nd Avenue)
Together with Minor Subdivision Plat:
Mr. Kovacs introduced the item through a review of the
Staff Report. He emphasized the following items:
- that a five foot landscape area be installed along
the east side of the new parking area and that it
include hedging and trees .
- the the first new parking space be twenty-five
feet from the ultimate property line.
that the new parking area be paved on textured
concrete along with wheel stops and/or curbing.
- that all other aspects of parking lot design not
be waived by the Historic Preservation Board.
- recommended that no matter what the Historic
Preservation Board may grant that hard paved
parking be placed on site.
Ms . Kathi Sumrall, Agent, informed the Board that the owner
will apply to the Historic Preservation Board for a
variance. She pointed out that parking spaces # 1, 2 and 3
will be paved and will have wheel stops. Also, that future
parking spaces # 4 and 5 will be sodded and replaced when
needed in the future. She pointed out that these spaces can
be waived by the Chief Building Official. Ms . Sumrall
emphasized that the 35 ' setback would place a hardship on
the property owner.
Mr. Kovacs recommended that the first parking space be
aligned with the front of the planter.
At this point the Planning Director recommended that Item V.A. be
brought forward on the agenda because the Board needed to act on
this item before a determination could be made on this particular
proposal.
V. PLANNING AND IMPLEMENTATION ITEMS
A. Determination of Similarity of Use: Interior Design
Added to Use of "Professional Offices" to be Allowed as
a Conditional Use in the RM-10 and RM-15 Zone
Districts:
It was then moved by Mr. Schmidt, seconded by Mr.
Schneider and passed 7-0 to find that the use of
"Interior Design" is similar to other uses which are
listed as allowable "Professional Office" and thus is
allowed a a conditional use in the RM-10 Zone District
and other zoning districts where a similar list or
distinction is made.
T,ti
P&Z Minutes - Public Hearing/Regular Meeting y p.- �:�,
November 20, 1989 'V%i
Page 7 w c4�. .3� yt;
The Board then returned to Item III .C. for action.
After lengthy review of the conditions of approval by
the Board and the Agent, it was the consensus of the
Board to delete Condition (2) that the first new
parking space be twenty-five feet from the ultimate
property line and that it be incorporated in the sketch
plan.
Motion #1: It was then moved by Mr. Schmidt, seconded
by Mr. Schneider and passed 7-0 to recommend to the
City Commission approval of the conditional use request
based upon a finding of compliance with the Standards
for Evaluating Conditional Uses subject to the
following conditions :
1. That a landscape area be installed along the east
side of the new parking area and that it include
hedging and trees;
2 . That the new parking area be either paved,
textured concrete, or interlocking paver blocks
and wheel stops or curbing be provided along with
appropriate access to the handicapped designated
space; and,
3 . That all other Code requirements for parking lot
design, number of parking spaces, and buffering be
met except as granted a variance by the Historic
Preservation Board or a waiver by the City
Commission and that these, along with Item ( 1) be
shown on a formal site plan submission which may
be processed as a non-impacting site plan
modification.
Mr. Kovacs stated that a separate motion needed to be
made relative to the preliminary plat which addresses
the dedication issue and the installation of a sidewalk
to be installed at the ultimate property line and
subject to three recommended conditions.
Ms . Sumrall felt that 60 ft. is more than adequate for
four lanes and asked the Board to recommend to the City
commission requesting that the dedication be reduced to
60 ft.
2
P&Z Minutes - Public Hearing/Regular Meeting
November 20, 1989
Page 8
Mr. Kovacs pointed out that S.W. 4th Street is shown as
a County' s designated street system and therefore is
maintained by the County, the City has been obtaining
rights-of-way pursuant to the County's Thoroughfare
Plan.
Mr. Schmidt then moved to recommend approval of the
sketch/preliminary plat for a two lot subdivision
subject to Condition (2) being amended to state "at
time of roadway improvements" and subject to the
deletion of Condition (4) .
Upon further discussion by the Board, Mr. Schmidt then
restated his motion to approve the sketch/preliminary
plat for a two lot subdivision subject to Conditions
( 1) , (2) , (3) and (5) and that Condition (2) be
modified to read "sidewalk to be installed at the time
of roadway improvements) . There was no second to the
motion.
The members of the Board then engaged in discussion
relative to the 40 ft. right-of-way (condition 1) . It
was the consensus of the Board that this condition was
in conflict a policy statement in the Comprehensive
Plan. After further discussion, it was the consensus
of the Board that several members of the Board
misunderstood the original motion and requested to vote
on the motion again.
Final Motion: It was then moved by Mr. Schneider,
seconded by Mr. Parker to approve the
sketch/preliminary plat for a two lot subdivision
subject to conditions and instructions. The motion
failed to pass by a vote of 5-2 (Schmidt, Klarer,
Parker Coopersmith and Purdo voting for approval.
Schneider and Bridges dissenting) . The conditions and
instructions are as follows:
1 . That dedication be provided to accommodate 40 ' of
right-of-way from the existing centerline of N.E.
4th Street.
2 . That a sidewalk be installed adjacent to the
ultimate property line concurrent with the
widening of S.W. 4th.
3 . That the resulting irregular shaped lots meet, at
least, the minimum lot area and frontage
requirements and that they accommodate the
required setbacks for existing structures and the
proposed pool .
4 ., t,) tip-
P&Z Minutes - Public Hearing/Regular Meeting L;
November 20, 1989
Page 9
4 . That a revised plat submission which reflects the
above items be made to the Director of Planning
who may, upon a determination that the final plat
is appropriate for action, certify the final plat
on behalf of the Commission and forward it to the
City Commission for approval.
why did Schneider vote NO when he made the motion?
Mr. Schneider asked that staff look at the Comprehensive Plan and
send a letter to the County asking for a revaluation of the issue
of the 60 ft. ultimate right-of-way versus 80 ft. because of the
residential nature of the area.
Mr. Schneider stepped down from the Board for the following item.
IV. LAND USE AND DEVELOPMENT ITEMS
A. Target Shopping Center Together with a Plat for all of
Lot 1 of Linton Center Including Abandonment of
Additional Portion of Lindell:
Mr. Kovacs introduced the item through a review of the
Staff Report. That the following items needed to be
considered by the Board:
- support for a variance relative to loading area
requirements .
- that Administrative Relief for compact car parking
spaces be granted.
- supported relief to the landscape requirements
along Tract boundary lines with the site.
Mr. Allen Ciklin, Attorney representing the property
owner, informed the Board that the Community Appearance
Board' s comments have been incorporated into the
revised plans.
Ms. Coopersmith commented that she had initially
envisioned "something beautiful" several years ago and
had made a mistake to agree with a McDonald's as an
outparcel. She felt that the parking layout was not
acceptable.
Mr. Purdo felt that the project was not compatible with
the rest of the developments along the Linton Boulevard
corridor. He was concerned that the issue of
pedestrian access had been not addressed. However, he
complimented the agent with turning the stores around,
P&Z Minutes - Public Hearing/Regular Meeting �r = �
November 20, 1989 '^�,1
Page 10 2,11 ,;
•
•
of the off-site improvements, and addressing the
architecture of the Target building as the main store.
He added that staff could not properly address specific
issues because of the tardiness of the submittal and
were not able to make a recommendation relative to
interior landscaping requirement calculations . He too
disapproved of the outparcel because he felt that that
it should be a separate parcel. Also, the landscaping
and relocation of the retail parcel to the west was not
addressed.
Mr. Klarer supported Mr. Purdo's criticisms and was
glad to see changes in the elevations and the parking
lot which were discussed at the Board's workshop
meeting. He stated that he realized that the layout
was difficult because of the lot being irregularly
shaped.
Mr. Schmidt felt a strip shopping center was not needed
on Linton Boulevard and then inquired as to why there
were four tracts instead of two tracts .
Mr. Ciklin responded that the four parcels were divided
as follows: office, McDonald' s, Target and the
remainder of the property.
In response to the Planning Director's inquiry to
address several design items, Mr. Ciklin explained that
the parking was in front of the shopping center because
major parking does not work behind the buildings. He
pointed out that the property was previously zoned for
a shopping center and that major parking does not work
and that the Board' s concerns could not be
accommodated.
Mr. Kovacs stated that there was no access from the
Waterford development to this site and accommodations
other than vehicular have not been addressed such as
bikeways and pedestrian ways. He felt that the project
was not sensitive to the neighboring residents.
Mr. Ciklin stated that studies have reflected that
other Target stores throughout the United States found
that pedestrian paths were not needed. Kimley Horn,
Traffic Engineering Consultants, confirmed that
pedestrian paths are not really used and that people
tend to go through the driveways.
After discussion, it was the consensus of the Board
that there was no need for pedestrian walkways through
the parking lot.
P&Z Minutes - Public Hearing/Regular Meeting r, �K
November 20, 1989 4l gr i�.'
Page 11 °t°4 1
Motion #1: Mr. Schmidt made a motion to recommend to
the City Commission approval of the site and
development plan subject to the following conditions :
1 . That a revised site and landscape plan be provided
accommodating the parking lot design and
landscaping items noted under the "Technical
Review" section of the Staff Report.
2 . Revise the site plan and the paving and drainage
plan to address the conditions noted traffic items
of the "Technical Review" section of the Staff
Report.
3. That non-vehicular access be provided from the
southeast and southwest.
4 . That the revised site plan accompany the submittal
of the final plat and be review by the Board.
The motion was seconded by Mr. Parker and failed to pass by
a vote of 3-3 (Parker, Klarer and Bridges voting approval.
Coopersmith, Purdo and Schmidt dissenting) .
Motion #2: Mr. Klarer made a motion to recommend to the City
Commission approval of the Preliminary Plat and associated
abandonment subject to Conditions 1 (A) thru (J) and
conditions (2) and (3) as listed in the Staff Report. The
motion was seconded by Mr. Schmidt and failed to passed by a
vote of 3-3 (Klarer, Parker and Bridges voting for approval.
Schmidt, Purdo and Coopersmith dissenting) .
The Planning Director emphasized that the vote of the above
motion is not to be interpreted as a vote of approval for
the project but a vote of approval of the plat in order to
accommodate the project.
Mr. Schneider then returned to the Board.
P&Z Minutes - Public Hearing/Regular Meeting
November 20, 1989
Page 12
B. Delray Senior Living, Inc. (CLF) , Atlantic Avenue at
E-3 Canal (Simms Road) :
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He pointed out that there
were three items that are not consistent with the
City' s development codes : 1) total unit count; 2)
parking requirements; and, 3) loading space
requirements. He informed the Board that it is the
interpretation of the Chief Building Official and the
Planning Director that the height requirement meets
code requirements. He informed the Board that there
were three conditions that were not discussed at the
workshop meeting (Conditions 7, 8 and 9) relative to
water and sewer mains.
Ms . Jill Jawdesky, Attorney, representing the property
owner, was present and agreed to the conditions.
However, she pointed out that the Palm Beach County
traffic counts have been revised and the numbers have
changed: Phase I was increased to 266, Phase II was
increased to 87 and Phase III was increased to 114 .
In response to Ms . Coopersmith' s inquiry as to the
urgency of processing, Mr. Kovacs explained that the
applicant wanted to enter the County' s processing for
certification and needed documentation from the City in
the form of a water and sewer service agreement. He
explained that the petitioner requested water and sewer
services prior to going to the County. This enabled
the project to get into the County' s system and then
return to the City for review/processing.
Mr. Mark Beatty, Architect, pointed out that the height
meets the County's requirements; however, to comply
with the City' s concerns the height was lowered to five
• stories .
Mr. Purdo and Ms. Coopersmith felt that the
architecture was aesthetically pleasing but the project
would be a step backwards.
The Planning Director stated that he would send a
message to the City Commission explaining that the
Planning and Zoning Board did not feel that the project
is what the City needs and that it would be a step
backward as young families should be drawn toward the
City.
It was then moved by Mr. Schneider, seconded by Mr.
Parker and passed 5-2 (Coopersmith and Purdo
dissenting) to recommend to the City Commission
approval of the site plan subject to conditions (1)
through ( 10) as listed in the Staff Report.
P&Z Minutes - Public Hearing/Regular Meeting
¢ yam
November 20, 1989 ,
Page 13 ktd `'''a C=4s
C. The Renaissance On The Ocean, 16 Units on A-1-A South
of Linton:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report.
Mr. Mark Rothenberg, Agent, was present for this
petition and stated that he had no objections.
Although this was not a Public Hearing item, the
Chairman allowed a member of the audience to speak.
Mr. Harry Kangieser, Director of the Board of the South
Ocean Condominium Association, expressed concerned
relative to the property being used for computation
purposes .
Mr. Kovacs stated that Mr. Kangieser's concerns were
valid in that the survey does not provide a conclusive
definition as to the easterly boundary location. He
pointed out that the site plan is based on surveyed
information and that the plat will be before the board
at a future date. Mr. Kovacs explained that the plat
in itself is the legal document that is certified by
the surveyor and if the plat comes in showing that the
property between the Erosion Control Line and that the
AlA' s north and south boundaries is less, then the
density will be recalculated at that time.
Mr. Rothenberg explained that he is currently in
contact with HRS for an exception relative to
revaluating the pool on the roof from a commercial
requirement to that of a residential requirement. He
informed the Board that HRS has verbally approved the
plans; also, the pool will not be opened to the public.
There being no further questions the Chairman then
turned to the Board for action.
It was then moved by Mr. Schneider, seconded by Mr.
Schmidt and passed 7-0 to recommend approval of the
site plan upon positive findings with respect to the
ten standards in Section 173.867 (Standards for
Evaluating Site and Development Plan Applications)
where subject to Conditions ( 1) and (2) as listed in
the Staff Report.
s1W. ..1 F.":
P&Z Minutes - Public Hearing/Regular Meeting ; ��, ,: � :K .
November 20, 1989 F ;' 4';,� rf�;
Page 14 - {. 3
Mr. Bridges stepped down from the Board for the following two
items .
D. Modification, Utilities Department Facility at Martin
Luther King and N.W. 1st Avenue:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He pointed out that there
are problems relative to back-out parking in front of
the building into the street system; also, that the
project lacks two landscape islands . He explained that
the action before the Board is to consider whether the
the modifications are to be considered minor and
approve; deny the request; or to forward to the City
Commission with a recommendation of approval but leave
the ultimate action with the City Commission.
The Planning Director stated that administratively he
could not support the proposal because of the amount of
parking that is being added, plus the existence of the
code violation.
Mr. Mark Marsh, Architect, stated that he was under the
impression that the Board had considered the site a
minor modification at its ' workshop review meeting. He
felt that the type of facility has limited public use
and that the building is not being expanded, only being
remodeling. He informed the Board that the City is
willing to designate the parking and address the
on-site storage and is spending $18,000 to screen and
upgrade the parking internally on the site and $15,000
on irrigation.
It was then moved by Mr. Schneider, seconded by Mr.
Parker and passed 6-0 to consider that the interior
parking on N.W. 1st Street be parallel parking; that
interior landscaping requirements at the bend of the
"L" not be provided; that the landscaping island be
provided at the west end of the building; and, to
either realign the driveway on N.W. 2nd Street or
realign the parking.
E. Royal Commercial Park of Delray (R&N) on Congress
Avenue:
There being no discussion by the Board members, it was
moved by Mr. Schneider, seconded by Mr. Parker and
passed 6-0 to certify the plat subject to conditions
but that it not be forwarded to the City Commission
until receipt of all permits and appropriate
documentation as listed in the Staff Report.
P&Z Minutes - Public Hearing/Regular Meeting
November 20, 1989 ;�_�
Page 15
ea '�•Lu' k5 'CT
Mr. Bridges then returned to the Board.
Mr. Schneider stepped down from the Board for the following item.
F. COSTCO -- Boundary Plat:
Mr. Bharat Shah, Agent, was present for this petition
and stated that he had no objections to the list of
conditions.
It was moved by Mr. Schmidt, seconded by Mr. Klarer and
passed 6-0 to certify the plat subject to conditions
but that it not be forwarded to the City Commission
until receipt of all permits and appropriate
documentation as listed in the Staff Report.
Mr. Schneider then returned to the Board.
G. Ocean Apple Estates, Final Plat:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He explained that this
item had previously appeared before the Board and that
it had to be continued because of the following
problems : Coastal Construction Line, Erosion Control
Line, sewer services, deed requirements, etc. The site
was classified as an historic site and variances were
granted by the Historic Preservation Board relative to
the setback requirements to the parcel to the east on
Ocean Boulevard. The City Commission then waived
dedication requirements along Ocean Boulevard based on
part on statements in the Comprehensive Plan.
Mr. Kovacs recommended that the Board certify the final
plat subject to four conditions and two conditions
before the plat is recorded. That arrangements be made
for the fire hydrant and that a financial guarantee be
in place for the extension of the sewer service or some
other method whereby the City is assured that the sewer
services be provided for the development of the parcel.
Also, prior to being forwarded to the City Commission
that plans be provided outlining how the sewer service
will be provided; also, how DOT will allow for the
cutting of the road for that main.
Mr. Dick Shermeta, Agent, stated he appreciated staff's
position and view points; however, most of the
conditions have been met. He informed the Board that
the issue of the fire hydrant had been addressed by the
Deputy Fire Marshall and that he had indicated that if
Lot 3, which borders Andrews Avenue is developed, that
P&Z Minutes - Public Hearing/Regular Meeting iv , b
November 20, 1989
Page 16 ,"'
would necessitate the need for a fire hydrant because
the existing hydrant is more than 500 feet. The fire
hydrant would be installed at the time of the building
permit for Lot 3 if and - when it is ever sold or
developed. Mr. Shermeta emphasized that it is
inevitable that the lot would probably never be sold.
It was suggested by Mr. Shermeta that a notation be
placed on the plat that would indicate that at the time
of building permits for Lots 1, 2 or 3, that the
developer would be responsible for the installation of
the fire hydrant and for the sewer lateral.
Mr. Kovacs pointed out that Mr. Shermeta' s suggestion
would not be good practice and that the customary
procedures should be followed.
It was then moved by Mr. Purdo, seconded by Ms.
Coopersmith and passed 7-0 to certify that the plat is
acceptable as a final plat subject to the following
conditions:
1 . That the developer is responsible for installation
of a fire hydrant and extension of sewer service
to Lot 1 at, or prior to, construction of either
Lot 1 or Lot 3.
2 . That a financial guarantee be in-place prior to
the recordation of the plat.
Mr. Purdo stepped from the Board for the following item.
H. Site Plan Modification for BocaRay Plaza re Pizza Hut
Restaurant (Continued to 11/20 per Applicant) :
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following points were
emphasized:
- that there are two new items, verification from
FP&L relative to the encroachment
- water and sewer facilities were not accommodated
on site;
- that water and sewer easements be continued to the
east property lines .
P&Z Minutes - Public Hearing/Regular Meeting r,� , ,�
November 20, 1989s
h
Page 17 {
Mr. Dick Sheremeta, Agent, and Mr. Stan Ross,
representing Pizza Hut, were present for this petition.
They voiced objection to conditions (4) and (5)
relative to water and sewer easements.
It was then moved by Mr. Schmidt, seconded by Mr.
Klarer and passed 6-0 to approve the site plan upon
positive findings with respect to the ten standards
pursuant to Section 173.867 "Standards for Evaluating
Site and Development Plan applications" subject to the
following conditions:
1 . Submittal of a revised site plan addressing the
following:
a. Pursuant to Section 173.773(F) provide a bike
rack with a minimum of five spaces .
2 . Submittal of a revised landscape plan addressing
the following:
a. Correcting conflicts between the drainage
structure and tree location.
3 . That the owner of the shopping center provides
recorded on-site drainage easements as well as
off-site drainage maintenance agreements between
this parcel and the shopping center.
4 . That the owner of the shopping center provides
easements for sewer mains within the shopping
center including extensions to the east property
line or provide proof to City that easements
exist.
5 . Provide easements for water mains including to the
east property line or provide proof to City that
easements exist.
6 . Provide verification from FP&L of the abandonment
of their easement.
Mr. Purdo returned to the Board.
I . Abandonment of a Portion of Royal Palm (Trainer) :
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report.
There being no discussion, the Chairman then turned to
the Board for action.
P&Z Minutes - Public Hearing/Regular Meeting
November 20, 19 8 9im ,sr
a Y `'�
Page 18tar ,
It was then moved by Mr. Schneider, seconded by Mr.
Schmidt and passed 7-0 to approve the abandonment of
Royal Palm Drive right-of-way west of Lime Lane, as the
right-of-way does not impact the City's circulation
system nor grant access to utilities, subject to the
provision and dedication of easements via a replat of
the site as determined to be necessary at the time a
site and development plan is processed.
V. PLANNING AND IMPLEMENTATION ITEMS
Item (A) was brought forward on the agenda.
VI . REPORTS AND COMMENTS
A. Board Members :
Ms . Coopersmith expressed concern of not having enough
time to review the agenda packets prior to the
Regular/Public Hearing Meeting.
Mr. Kovacs pointed out that the review period has been
reduced from a 60 day review to a 45 day review time.
He explained that the week of agenda preparation is a
very high pressure period with staff receiving new
projects and trying to prepare staff reports at the
same time. He noted that the majority of his personal
time has been devoted to the Comprehensive Plan and has
not focussed on current planning.
B. Staff:
1. Further Information on the Comprehensive Plan
Modifications:
Mr. Kovacs requested that several members of the
Board should attend the City Commission meeting in
order to express the Planning and Zoning Board's
concerns relative to S.W. 4th/Lake Ida Road
improvements.
2 . Special Meeting Date with the Board of Adjustment:
The joint meeting of the P&Z Board and the Board
of Adjustment will be held on December 14th at
4 :00 P.M.
P&Z Minutes - Public Hearing/Regular Meeting
November 20, 1989
Page 19 - t; -
3. Special Meeting Date Regarding Land Development
Regulations :
The Planning Director informed the Board that this
meeting will be held on December 18th.
4 . Possible Rescheduling of the December Regular
Meeting:
Because of the upcoming holidays and the
rescheduling of the City Commission meeting, the
Regular/Public Hearing Meeting will be held on
December 11, 1989 at 7 : 00 P.M.
The meeting was adjourned at 12 : 15 A.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting
of said body for November 20, 1989, which were formally adopted
and approved by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as
indicated above, then this means that these are not the official
Minutes. They will become so after review and approval, which
may involve some changes.
4
DRAFT
MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
RESCHEDULED PUBLIC HEARING/REGULAR MEETING
MEETING DATE: DECEMBER 11, 1989
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH
I . CALL TO ORDER
The meeting was called to order by Chairman Bridges at 7 : 10
P.M. Upon roll call it was determined that a quorum was
present.
Members Present: Chairman Bridges, Coopersmith, Klarer,
Parker, Purdo, Schneider, Schmidt
Staff Present: Paul Dorling, Jeff Costello,
Celeste McDonough
II . APPROVAL OF THE MINUTES:
The approval of Minutes was deferred to subsequent meeting.
III . PUBLIC HEARINGS:
A. Hampton Center (Boat and Recreational Vehicles)
Conditional Use and Site Plan (former Zankl site) N.E.
4th Street and Federal Highway:
Mr. Dorling, Planner II, informed the Board that this item
was pulled from the agenda and will appear before the
Board at a later date.
B. Norris Rezoning, RM-6 to R.O. , to Allow General Office
Use at an Existing Medical Office Building Located at
the Southwest Corner of S.W. llth Avenue and S.W. 1st
Street:
Mr. Dorling introduced the item through a review of the
Staff Report.
There being no questions, the Chairman then declared the
Public Hearing opened. There being no one who wished to
speak the Public Hearing was closed and the Chairman
turned to the Board for comment and action.
P&Z Minutes
December 11, 1989
Page 2
It was then moved by Mr. Parker, seconded by Mr. Schneider
and passed 7-0 to recommend to the City Commission
approval based upon a review of the standards contained in
Section 173 . 888 and a finding that the property is of a
transitional character and that the rezoning accommodates
an apparent error in the past when broad-based zoning code
changes made the specifically approved existing use
nonconforming. S,
L'v(
C. Exxon (Congress and Atlantic Avenue) Conditional Use to fl, ;
Accommodate a Car Wash ( in-lieu of new service area) :
The item was introduced by Mr. Dorling to the Board
through the Staff Report.
Mr. Schmidt questioned staff relative to the handicap
parking space and where it would be moved on the site
plan.
Mr. Dorling responded that the original plan which was
approved approximately six months ago, proposed a parking
space adjacent to the kiash and Administrative Relief was
granted at that time.
Mr. David Felton, Agent, informed the Board that revised
plans were submitted recently that addressed the Community
Appearance Board' s concern and that the handicapped
parking space was accommodated on the south side.
Mr. Purdo asked the petitioner if he had any objections
the the landscaping conditions.
Mr. Felton responded that new landscaping plans have been
submitted which reflect the replacement of the Black Olive
trees. He stated that he had no objections to the
recommended list of conditions.
The Chairman then declared the Public Hearing opened.
There being no one who wished to speak the Public Hearing
was then declared closed and the Chairman turned to the
Board for action.
P&Z Minutes
December 11, 1989
Page 3
It was then moved by Mr. Klarer, seconded by Mr. Purdo and
passed 6-0 to recommend to the City Commission approval of
the Conditional Use request and Site Development Plan
based upon positive findings pursuant to Section 173 . 867
and 173 . 848 and subject to the following conditions:
1. Submittal of an amended L.W.D.D. drainage district
permit.
2. Submittal of a revised landscape plan addressing
Conditions ( 1) thru ( 9) under the "Review by Others"
section of the Staff Report and modification of the
location of signage to correspond with the site plan.
3 . Submittal of revised water' and sewer plans
accommodating the following:
a. Provide reduced pressure zone device on the
domestic water and car wash water lines.
4. Submittal of a revised Lighting Plan which retains
all lighting on site.
5 . Contribution for the Congress Beautification Fund
based on $10. 00 for each front of frontage or 260 ' X
$10 . 00 = $2,600 . 00 .
IV. LAND USE ITEMS:
A. Site and Development Plan, Ocean City Boats (8th Street
Marina) :
Mr. Dorling reviewed the project through a review of the
Staff Report. He pointed out that this item was before
the Board on October 16th and the Planning and Zoning
Board forwarded a recommendation of approval of SC to the
City Commission. The City Commission did not want to see
the SC designation and suggested that the application be
amended to a SAD zoning designation.
He informed the Board that there were outstanding comments
and that Staff had requested the applicant to provide a
sketch plan showing that outstanding comments could be
accommodated. Mr. Dorling suggested that these could be
attached as conditions of approval.
Mr. Mike Conners, representing the applicant, was present
for this petition.
P&Z Minutes
December 11, 1989
Page 4
Mr. Purdo asked for an explanation of a "full service"
marina.
Mr. Joe Graham, , responded that a
full service marina services boats that are actually
lifted out of the water to be serviced.
Mr. Schneider felt the parking calculations should be
included in the parking calculations for those using the
boat racks.
It was pointed out by Mr. Dorling that ten parking spaces
were accommodated for retail, eleven for the existing
slips and the balance was for the marina itself.
Mr. Schneider recommended that the uses under the SAD be
modified to read "small marine engine repair" ; also,
"sale of gas and diesel fuel for recreational boating
only" .
In response to Ms. Coopersmith' s question relative to the
adequacy of parking, Mr. Graham responded that the church
prefers that the marina stay as an marina and have entered
into an agreement to accommodate overflow parking.
Mr. Schneider asked Mr. Conners if he had any objections.
He responded that he had none and that the landscaping
plan will be revised to reflect a new driveway entrance
onto Palm Trail.
Chairman Bridges felt that the boat racks should be
painted blue to which Mr. Graham pointed out that the
color of the boat racks was addressed at the City
Commission meeting.
Motion #1: It was moved by Mr. Schneider, seconded by Mr.
Klarer and passed 7-0 to recommend that the SAD uses
itemized within the Staff Report with the following
amendments: 1) that the "small engine repair" be changed
to "small marine repair" ; and, 2) that the sale of
gasoline and diesel fuel" be modified to state "the sale
of gas and diesel fuel for recreational boating only" .
Motion #2: It was then moved by Mr. Schneider, seconded
by Mr. Klarer and passed 6-1 (Bridges dissenting) to
recommend approval of the Site and Development Plan based
upon positive findings pursuant to Section 173 . 848;
subject to condition ( 4 ) being amended to include
addressing parking requirements for boat storage racks and
subject to the following conditions:
P&Z Minutes
December 11, 1989
Page 5
1. Submittal of a revised landscape plan addressing the
following:
(a) Comments 1-10 under the "Review by Others"
section of the Staff Report.
2. Subject to submittal of a revised site plan
addressing the following:
(a) Comments A-K under the Technical Item section of
the Staff Report.
3 . Providing a landscape maintenance agreement for
installation, irrigation and maintenance of
landscaping with the rights-of-ways for N.E. 8th
Street and Palm Trail.
4. Providing a perpetual easement for off-site parking
with the church to the east; also shall address
parking requirements for boat storage racks.
5 . Subject to platting, with the plat submittal to
include the following:
a. a five foot right-of-way reservation along N.E.
8th Street.
b. a five foot right-of-way dedication along Palm
Trail.
c. survey showing existing elevations on-site and
50 ' off-site and along perimeter right-of-ways.
d. drainage plans.
e. sewer and water plans accommodating the
following:
1. installation of a clean out on the existing
lateral sewer extension to the site
2. installation of a fire hydrant adjacent to
the southern most driveway
3 . replacement of a 2" water main with 6"
main
and subsequently recommend approval to the City Commission
for Administrative Relief for off-site parking pursuant to
Section 173 .775 (B) ( 2) ; and,
a positive recommendation to the Board of Adjustment on a
waiver from Section 173 . 633 (D) to the 10 foot landscape
requirement along N.E. 8th Street.
P&Z Minutes
December 11, 1989
Page 6
I
r
B. Site Plan Modification, Ocean Crest Townhomes (on
A-1-A, South of Bermuda High North) :
Mr. Dorling introduced the item through a review of the
Staff Report. He stated that the item appeared before the
Board on October 18th and the site plan was formally
approved on October 24th. Since then a series of changes
have occurred which the director of Planning and Zoning had
determined to be beyond that of a non-impacting level.
Mr. Dorling pointed out that during the platting process,
it was discovered that the surveyor had inadvertently put
the Coastal Construction Line approximately 14 feet
seaward from where it actually should have been. The site
plan has been modified to take out the 14 feet and the
situation has become further complicated which is why the
item is now before the Board.
Mr. Bob Chapin, Attorney representing the Bermuda High
Beach and Tennis Club, informed the Board that his clients
opposed the proposal because they felt that the change to
the site plan is a major modification. He pointed out
that the site plan had originally been approved with
setback requirements which were violated by 20 feet.
Mr. Dorling explained that the front setbacks were not
taken from the internal road but were taken from the front
of the property. The internal road was incorrectly
interpreted to be a driveway.
In response to Mr. Parker' s inquiry as to whether the
driveway was a public or private roadway, Mr. Dorling
stated that it would be a public ingress/egress way
serving the townhomes and the club house. He explained
that a variance is being requested by the applicant from
the Board of Adjustment on December 28th for the setback
requirement on the interior road. The roadway will be
dedicated as an ingress/egress way on the plat.
conflict . . .Board & Paul as to whether roadway is considered a
private or public road since it will be maintained by the
townhomes
Mr. Purdo asked Mr. Chapin as to how this proposal would
adversely affect the townhomes.
Mr. Chaping responded that his clients were concerned of
the density (overcrowding by placing the townhones flat;
thereby, congesting the area causing his clients to walk
on the road. He agreed that the roadway does have both
characteristics of a private versus public roadway. Also,
the quality of life of the residents of the townhomes
would be affected.
P&Z Minutes
December 11, 1989
Page 7
Mr. Dorling explained that originally there had been a
separate easement along the north side of the property.
Staff understood the developer came to some agreement with
the property owners to combine that easement into the 24 '
ingress/egress easement onto the site. Mr. Dorling
informed the agent that the Mr. Glock, President of
Bermuda High Tennis and Bath Club and the applicant had
attended the Board' s workshop meeting and neither had
voice any objection other than parking to the previously
approved site plan.
Mr. Schmidt pointed out that the settlement agreement
which was made in 1986 reflected a pedestrian easement for
a vehicular easement.
Mr. Chapin agreed that the settlement did provide for this
flexibility; however, his client still felt that the
combination of the overcrowding of the buildings on the
site would be a major change on the site.
Chairman Bridges felt that this request should be
postponed until after the Board of Adjustment makes a
determination on the variance.
Mr. Ted Buenanis , Managing Partner/owner of the
property, pointed out that time and investment had been
made in order to get the project approved but
unfortunately the engineer had made an honest mistake
which necessitied the moving of the four buildings in the
front to the west 15 ft. to accommodate a discrepancy in
the Coastal Construction Line and felt that he was being
penalized.
Mr. Mitch Kunik, Architect, stated that originally
condominiums were proposed but townshomes had been
recommended by the Board because a 15 ' side yard setback
was to be utilized instead of 25 ' setback.
It was then moved by Mr. Schneider, seconded by Mr. Parker
and passed 5-2 to consider the change as a minor site plan
modification and subject to the Board of Adjustment
approval of setbacks (Schmidt, Klarer, Parker, Coopersmith
and Purdo for approval. Schneider and Bridges
dissenting) .
t P&Z Minutes
December 11, 1989
Page 8
V. PLANNING AND IMPLEMENTATION ITEMS:
A. Determination of Similarity of Use, Lawnmover Sales in
the GC (General Commercial) District:
Mr. Dorling introduced the item through a review of the
Staff Report.
There being no discussion, it was moved by Mr. Schneider,
seconded by Mr. Parker and passed 6-0 (Schmidt not present
for the vote) to recommend that based upon the similarity
of the use and other retail uses allowed in the GC General
Commercial zone district, the Planning and Zoning Board
finds that the use of "lawn mower sales, including
service" is similar and thus allowed as a permitted use in
the GC zone district pursuant to Section 173 .471(B) .
B. Worksessions for the Balance of the Year:
VI . REPORTS AND COMMENTS
A. Board Members
B. Staff
1. Status of Comprehensive Plan
The meeting was adjourned at 8: 55 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting of
said body for December 11, 1989, which were formally adopted and
approved by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as indicated
above, then this means that these are not the official Minutes.
They will become so after review and approval, which may involve
some changes.
D * s,'',
MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
RESCHEDULED PUBLIC HEARING/REGULAR MEETING
MEETING DATE: JANUARY 22, 1990
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE
DELRAY BEACH, FL 33444
I . CALL TO ORDER
The meeting was called to order by Chairman Bridges at 7 :05
P.M. Upon roll call it was determined that a quorum was
present.
Members Present: Chairman Bridges, Klarer, Parker, Purdo,
Schmidt, Schneider
Members Absent: Coopersmith
Staff Present: David Kovacs, Paul Dorling, Jeff Costello,
Celeste McDonough
II . APPROVAL OF MINUTES: .
There were no Minutes before the Board. It was noted by the
Planning Director that Minutes of several meetings will be
deferred to a subsequent meeting.
It was the consensus of the Board to move Public Hearing Items (A)
and (B) later on the agenda so that representatives could be present
for those items and to move the Land Use items forward.
III . LAND USE ITEMS:
A. Final Plat, WalMart:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He recommended approval of
the Preliminary -Plat and then to certify the submittal as
a Final Plat subject to Conditions ( 1) thru (5) .
Mr. Fred Roth, Agent, stated that he had no objections to
the list of conditions and stated that he would be happy
to work with staff; however, suggested that Condition ( 3 )
be clarified to read "City of Delray Beach" instead of
"WalMart Stores, Inc. " .
P&Z Minutes
January 22, 1990
Page 2
It was then moved by Mr. Klarer, seconded by Mr. Schmidt
and passed 6-0 to approve the Preliminary Plat then,
certify the submittal as a Final Plat subject to
conditions.
A. That this item not be forwarded to the City
Commission until receipt of all permits and
appropriate documentation as listed as follows:
1 . Receipt of all permits from LWDD, SFWMD, Palm
Beach County Health ( for extensions of water and
sewer mains) and Palm Beach County for proposed
roadway improvements on Military Trail.
2. A developers agreement committing to the
installation of a traffic signal at the
entranceway/median opening on Military Trail (if
warranted within the established time limit) .
3 . Off-site easements must be executed between the
City of Delray Beach and the National Medical
Enterprises, Inc. (Delray Community Hospital)
and Linton Center Company, Ltd. (Promenade) to
allow access for water and sewer connections.
4. Verification that the access agreement dated
March 6 , 1987 has been recorded. If this
agreement has not been recorded updating the
agreement with respect to the new owners
(WalMart Stores, Inc. ) must be accomplished.
5. All the items listed within the Technical Review
Section of the Staff Report.
B. Final Plat, Tract "K" , Delray Park of Commerce:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He recommended approval of
the Final Plat subject to three conditions; however, the
first condition has already been incorporated onto the
revised plat; and the second condition has been worked
out with the Fire Department. He suggested that all three
conditions remain even though they can be met readily.
Motion #1: It was moved by Mr. Schneider, seconded by Mr.
Klarer and passed 6-0 to approve the changes as a minor
modification to the master site plan which shall be
revised to show the new lots and access points.
P&Z Minutes
January 22 , 1990
Page 3
Motion #2 : It was then moved by Mr. Schneider, seconded
by Mr. Klarer and passed 6-0 to certify the final plat as
acceptable as a Final Plat subject to the following
conditions:
1. That all the conditions noted under the Technical
Review section of the Staff Report be addressed prior
to any consideration by the City Commission.
2. That prior to consideration by the City Commission a
determination be made by the Fire Department as to
the adequacy of fire flow from the 8 inch dead-ends
main. If a looped water distribution system is
warranted, the provision of engineering plans to show
its accommodation will be required along with any
appropriate changes to the plat.
3 . Prior to action by the City Commission cross access
easement providing for access over, along and through
all access roads, and parking areas must be recorded
upon acceptance by the City Attorney' s Engineering
Departments.
Mr. Bridges stepped down from the Board for the following item and
Mr. Schmidt then presided over the Chair.
C. Final Plat, Saturn:
Mr. Kovacs introduced the item through a review of the
Staff Report and pointed out that this is a complicated
item as two separate lots have a potential of separate
ownership, and that each lot must stand alone with respect
to code compliance.
Mr. Mark Marsh, Agent, was present and felt that the 80 '
right-of-way requirement was physically impossible and
requested a waiver from that condition.
Mr. Kovacs explained that documentation was needed from
the County stating that no additional right-of-way was
needed.
Mr. Roger Saberson, Attorney, pointed out that his client
has spent in excess of $80,000 for constructing the
right-of-way and that the construction was started prior
to the time that the property was annexed into the City.
P&Z Minutes
January 22, 1990
Page 4
The Planning Director explained that there is a policy in
the County' s Thoroughfare Plan that requires a 80 ft.
right-of-way and that it is apparent that the County has
determined that an 80 ft. right-of-way is not appropriate
and that all is needed is 75 ft. He emphasized that for
the record a letter for documentation purposes from the
County' s Engineering Division is needed stating that the
75 ' right-of-way is sufficient.
After discussion it was the consensus of the Board to
modify Condition ( 6) .
It was then moved by Mr. Schneider, seconded by Mr. Parker
to certify the final plat as being consistent with the
approved Preliminary Plat and pursuant to the Conditions
( 1) thru (6) being addressed prior to consideration by
the City Commission; and forward a positive
recommendation to the City Commission on a waiver from
Section 159. 30 (perimeter landscaping) as it relates to
the common lot line.
1. Receipt of the following permits:
DOT permits for turn lane improvements along Federal
Highway
2. Receipt of the following agreements/commitments:
Agreement to accommodate a full 20 ' landscape
easement along Dixie Highway when the street is
widened.
Commitment to provide a traffic signal at the
intersection of Tropic Bay Boulevard (LaMat) and
Federal Highway if warranted by the County.
3 . Provide cost estimates for public improvements,
including the cost of installation of a traffic
signal, at LaMat Avenue and Federal Highway.
4. Provide verification that the existing on-site FP&L
easements have been abandoned or indicate them on the
plat.
5. Provide maintenance responsibility for drainage
features in the plat dedication language.
6. Dedicate sufficient right-of-way for LaMat to provide
an overall 80 foot right-of-way for LaMat to provide
documentation from the County Engineer (Traffic
Division) as to the acceptance of the existing 75 '
right-of-way; or, request a waiver from Section
172.17(b) to the City Commission to reduce the
right-of-way from 80 ' to 75 ' .
P&Z Minutes
January 22 , 1990
Page 5
Mr. Bridges then returned to the Board.
D. Final Plat, Oceancrest Townhomes:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report and recommended approval
subject to conditions ( 1 ) thru ( 9) . He pointed out that
an appeal has been filed with respect to the site plan
that the Board had approved. Mr. Chapin, representing the
Bermuda High West Condominiums, did write a letter to the
City Commission asking to appeal the action.
Although this was not a Public Hearing item, the Chairman
allowed the following individuals . an opportunity to
address the Board:
Mr. Thomas Bantivoglio, resident of Bermuda High West,
informed the Board that the residents of the condominium
met with the developers and are trying to work out a
compromise although they still object and filed the
appeal. He felt the application is premature. He pointed
out that the developer is presently out of the country and
suggested that this proposal be continued until the
majority of issues can be resolved prior to a formal
recommendation.
Mr. Harold Glock, President of the Bermuda High Bath and
Tennis Club, reiterated Mr. Bantivoglio' s comments.
Mr. Kovacs stated that there are easements of record
across the property that have to be replaced and that the
City has the responsibility to assure the easements are
replaced appropriately.
It was then moved by Mr. Schmidt, seconded by Mr. Parker
and passed 6-0 to recommend approval of the preliminary
plat subject to Conditions ( 1 ) thru ( 9) as outlined in the
Staff Report.
E. Site Plan Extension, FDK Industrial Development:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. The following points were
emphasized:
that this particular request was very complex and has
a lengthy history
P&Z Minutes
January 22, 1990
Page 6
at the time of the approval of the site plan a
situation occurred relative to the Aero Dri situation
which also affected the same wellfield. Also, at
that particular time the County came out with the
Wellfield Protection Ordinance. He explained that a
lot of attention was then focused on this industrial
area which was the result of an industrial
designation that was put over a previously platted
subdivision
that the rezoning is inconsistent with the
Comprehensive Plan; therefore, the reason for the
extension request
Mr. John Grant, Agent, was present for this petition.
After lengthy discussion, it was then moved by Mr.
Schmidt, seconded by Mr. Parker and passed 6-0 to
recommend that because of the technical point of the
Comprehensive Plan not yet being officially adopted, the
site plan be given an extension until such time as either
revised development regulations (as required by the Plan)
are adopted or a site specific rezoning is initiated by
and approved the City (and such regulations or rezoning
prohibits the proposed use) . The time frame for the
former is June, 1990; whereas the latter may occur as
soon as April 24th.
At this point the Board returned to the Public Hearings Items.
III. PUBLIC HEARING ITEMS:
A. Text Amendment Regarding Sidewalk Cafes:
Mr. Kovacs stated that the action before the Board is that
of conducting a public hearing and then making
recommendations and/or changes to staff ' s sidewalk cafe
regulations draft. These recommendations/changes will be
forwarded to the City Commission for a workshop meeting.
He pointed out the draft ordinance will then be prepared
by the City Attorney' s Office.
The Chairman then declared the Public Hearing opened.
There being no one who wished to speak the Public Hearing
was closed and the Chairman turned to the Board for
discussion and action.
P&Z Minutes
January 22, 1990
Page 7
The Planning Director and the Board reviewed in depth the
sidewalk cafe regulations document and made the following
changes to staff ' s draft:
- changed the site plan of the area between the store
front and vehicular travel surface, drawn to a
minimum scale of 1/4" = 1 ' ( instead of 1" = 5)
- amended application fee for permits to $50. 00 for
processing and an annual fee of $50. 00
- Under "Use and Design Regulations" changed the word
"may" to "shall" for Items ( 1) and ( 2) (and (3)?
Items ( 5 ) and (6) changed "six feet ( 6) " to "five
feet ( 5 ) "
Item ( 8 ) be changed to read as follows: Use area
and/or seating capacity realized through a sidewalk
cafe use and continguous outdoor dinning shall not
invoke provisions of the zoning code as they pertain
to parking or other matters.
It was then moved by Mr. Schneider, seconded by Mr. Parker and
passed 6-0 to forward to the City Commission
approval of the draft ordinance with the above referenced
changes
B. Concept of Transfer of Development Rights (text
amendment) :
After lengthy discussion relative to ratio calculations,
it was the consensus of the Board that this item needed to
be reviewed further at a workshop meeting and then
returned for public hearing in the near future.
At this point on the Agenda, Mr. Schmidt left the meeting.
Mr. Schmidt stepped down from the Board for the following item.
F. Site Plan Modification, Old School Square:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He stated that there were no
problems since the Board' s last workshop meeting;
however, a detailed landscape plan needed to be approved
by the Historic Preservation Board. Most of the
recommended conditions of approval pertain to the street
situation, which staff is endorsing if it can legally be
done.
P&Z Minutes
January 22 , 1990
Page 8
Mr. Bob Currie, Architect, stated that he had no problem
with the recommended conditions of approval. He informed
the Board that he had met with adjacent property owners
which would be affected by the proposal and explained the
parking and street system situation. He referenced a
letter which was received in objection from Mr. Victor H.
Neal, owner of Farms Market, Inc. , which stated a concern
of the closing of N.E. 1st Street and N.E. 1st Avenue.
Mr. Currie felt that Mr. Neal did not fully understand the
proposal and emphasized that his business would not be
adversely affected.
After lengthy discussion by Board Members, it was then
moved by Mr. Purdo, seconded by Mr. Klarer and passed 4-0
(Mr. Schmidt and Ms. Coopersmith not present for the vote
and Mr. Schneider dissenting) to forward a recommendation
of approval of the proposed site plan modification based
upon a positive finding relative to the Ten Standards for
Evaluation of site and Development Plans subject to the
following conditions:
1. That either easement be provided for a continuous
pedestrian way on the east side of N.E. 1st Avenue
(clear sidewalk area of five feet minimum) or that
the east side parking be retained in its current
state.
2. That if the easement in item one is obtained, the
sidewalk be installed as a part of the Old School
Square project activity.
3 . That a continuous curb be used instead of wheel stops
for any (non-parallel) parking located in N.E. 1st
Avenue.
4. That the construction work in N.E. 1st Avenue be
coordinated with the City' s installation of a new
water main therein.
5. That a detailed landscaping plan be prepared and
approved by the Historic Preservation Board through
the Certificate of Appropriateness process.
6. That whatever additional right-of-way is needed along
the west side of N.E. 1st Avenue be obtained as a
part of the plat which has previously been required
of the Old School Square project.
7. That prior to action by the City Commission, the City'
Attorney needs to provide an opinion as to the
appropriate process to be following for the
functional change of N.E. 1st Avenue.
P&Z Minutes
January 22 , 1990
Page 9
At this point the Board returned to Item B (Public Hearings)
B. Concept of Transfer of Development Rights (text
amendment) :
The Planning Director and members of the Board engaged in
lengthy discussion in regard to this issue, particularly
relative to ratio calculations.
Because of the complexity of this item the Board felt that
further work was needed. It was the consensus of the
Board that the Transfer of Development Rights be placed on
the City Commission workshop agenda so that further
direction could be given. The item would then be remanded
to the Planning and Zoning Board for a public hearing and
formal recommendation.
The Board then returned to the regular Agenda.
V. PLANNING AND IMPLEMENTATION ITEMS
A. Status of Comprehensive Plan:
1. Report of Action by the State with Respect to
Compliance:
Mr. Kovacs stated that the Department of Community
Affairs has filed a notice to find the Comprehensive
Plan in compliance and that a notice had been
published. If there are no objections or appeals
after 21 days then the Comprehensive Plan could be
considered as adopted (officially as of February 5,
1990) .
2. Appraisal and Evaluation Report, Status Report: •
Mr. Kovacs explained that once the Plan has been
adopted then it will ' be time to start amending the
Plan. He stated that there are three reasons for
amending the Plan, such as:
that the Comprehensive Plan calls for an
Evaluation and Appraisal Report (EAR) to be
prepared annually
there are adjustments that need to be made to
the Five Year schedule of Improvements (Decade
for Excellence Bond)
P&Z Minutes
January 22 , 1990
Page 10
that the Board needs to review events of the
past year and to reassess work programs
( addressing the ORC Report)
The Planning Director further explained that
individual Task Teams will be set up and will be
given direct guidance by Mr. Stan Weedon. The Task
Teams will look at events of the past year and
reassess work programs as contained in the ORC
Report.
B. Land Development Regulations - Processing and Submittal
Requirements:
Mr. Kovacs passed out a draft Table of Contents to the
Land Development Regulations for the Board to review. He
asked for the members to make any notations they wished to
discuss at the Board' s Special Workshop Meeting on the
LDR( s) .
VI . REPORTS AND COMMENTS
A. Board Members
The Board Members did not any any anything to report;
however, expressed their concern of lengthy list of
conditions and offered their assistance to lessen the
burden of work upon staff.
B. Staff
The Planning Director reminded the Board of the following
meeting dates for review of the Land Development
Regulations: Regular Workshop Meeting of January 25th at
7: 00 P.M. and February 2nd at 8: 00 A.M. He also pointed
out that the Circuit City item will be placed on the
Board' s next workshop meeting for further review.
P&Z Minutes
January 22 , 1990
Page 11
The meeting was adjourned at 9: 50 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting of
said body for January 22, 1990, which were formally adopted and
approved by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as indicated
above, then this means that these are not the official Minutes.
They will become so after review and approval, which may involve
some changes.
D ,i, „
, ., *. FT
MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH, FLORIDA
PUBLIC HEARING/REGULAR MEETING
MEETING DATE: FEBRUARY 26, 1990
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I. CALL TO ORDER:
The meeting was called to order by Chairman Bridges at
7:00.P.M. Upon roll call it was determined that a quorum
was present.
Members Present: Chairman Bridges, Coopersmith, Klarer,
Parker, Purdo, Schmidt, Schneider
Staff Present: David Kovacs, Jeff Costello,
Celeste McDonough
II . CONSIDERATION OF MINUTES:
The Minutes of the meeting of January 12 , 1990 were before
the Board. The following changes were noted:
- the name of the individual representing the County
(page 2, paragraph 3 ) to read: Joel Easom
It was then moved by Ms. Coopersmith, seconded by Mr. Parker
and passed 6-0 (Mr. Schmidt not present for the vote) to
approve the Minutes of January 12, 1990 as amended.
III . PUBLIC HEARINGS:
Mr. Schneider stepped down from the Board for the next two items.
Mr. Schmidt stated that he represented an adjacent homeowner and
that he would participate in the discussion but would abstain
from voting.
A. Conditional Use Plan for the Expansion of the El Camino
Real Sotel (A-1-A at Atlantic Avenue) :
Mr. Kovacs introduced the item through a review of the
Staff Report. He stated that comments made tonight
would be off the original plan that was submitted and
that public testimony would be taken so that the
conditional use aspect could be addressed.
P&Z Minutes
February 26, 1990
Page 2
He further pointed out that in 1985 an agreement was
reached between Ocean Properties and the City hereby
the Ocean Properties would give the City land next to
the Manor House for a parking lot and in exchange the
City could give up its current parking area to allow
the hotel to expand. In 1987 the City needed to find
another site for the Fire Station and public hearings
were held.
Mr. Kovacs then highlighted items that were made by the
Board at its last workshop meeting and which still
needed to be addressed, such as:
- access points needed off Atlantic Avenue rather
than off AlA which would necessitate interior
design changes so that the conference center and
restaurant facilities would be directly accessed
off Atlantic instead of AlA.
- hotel will have to have some sort of a traffic
management program in order to make more use of
these access points.
- presently there are two more access points off
Andrews Avenue and have requested information from
the applicant regarding emergency access.
- in regard to parking, they are providing 334
spaces, whereas code requires 441. He explained
that the Board needs to determine if the 334
spaces are adequate.
- the one loading space is inadequate and will have
to be addressed.
- the refuse and service areas are also inadequate.
- impact upon neighboring residents is negative.
- there are no particular problems in regard to
buffers and screening; however, should the tennis
court on top of the parking on Andrews Avenue be
lighted, then CAB approval is needed.
Mr. Kovacs informed the Board that staff felt that because
of the migration of the adverse aspects are so tied in to
the site design, recommended that the site plan not be
forwarded to the City Commission until the final proposal.
P&Z Minutes
February 26, 1990
Page 3 .__:
There were no questions and the Chairman declared the public
hearing open. Speaking from the audience were the following
individuals:
Mr. Tom McMurrain, representing Ocean Properties, was
present for this petition and stated that he would not
address the Board' s comments at this time but will address
them at a later date.
Mr. Daithi Hanley, Architect and resident of The Manor
House, inquired as to the height of the five-story building
which faced vertically on the sea front or if it would have
a setback similar to the Manor House. Mr. Hanley read into
the record a letter that he had sent to the Board proposing
that a new wall be built 5' south of the old property line
in older to preserve decorative planting.
The Planning Director responded that the building is
approximately one block long, contained 5 stories and is 43
feet in height and has a setback 30 feet.
Alvaro Vera, resident of the Manor House, informed the Board
that the residents of the area formed an Ad Hoc Committee
and Ocean Properties had agreed to a 25 ' setback from the
property line. He was concerned that the two-story parking
lot would be detrimental to the neighborhood.
Ms. Gloria Ott, resident of the Manor House, questioned the
boundary of the Manor House. She expressed the following
concerns: that electric cables or utility lines could
possibly interfere with the boundary lines; and, that
emergency vehicles should have access to the area from AlA.
The Planning Director stated that he would immediately check
the issue of utilities lines.
Mr. Rhett Talbot, 122 Andrews Avenue, expressed concern of
ingress/egress off Andrews Avenue and of traffic congestion
at Andrews and Atlantic Avenues. Because of the increased
volume of traffic, he did not want to see Andrews Avenue
become an alleyway for speeding vehicles. He felt that all
these issues would have an adverse impact on the quality of
life of the neighboring residents.
There being no one else who wished to speak the Chairman
declared the Public Hearing closed and turned to the Board
for comments and action.
P&Z Minutes
February 26, 1990
Page 4
Mr. Schmidt agreed with the comments as listed in the Staff
Report but had an additional concern. He stated that the
residents of the area have already complained of the volume
of noise created by equipment and additional machinery that
has been generated by the increased size of the facility.
Mr. Klarer asked how staff had determined the calculations
for parking.
Mr. Purdo asked for more information regarding conventions
at the hotel and clarification as to the variance needed for
parking.
The Planning Director explained that the hotel is smaller in
scale and not the same character than those located in Ft.
Lauder ale and Boca Raton. The El Camino Real Hotel is
rather isolated and not as large with conventions and
conferences of a local nature rather than out-of-towners
coming to the City. He felt that Delray Beach does not have
that large of a draw of professional people attending
conventions.
Mr. Kovacs informed the Board that at the time of the Land
Exchange Agreement between the City Commission and Ocean
Properties, a part of that agreement is that the City would
make the application for the variance in behalf of Ocean
Properties for the reduction of parking spaces. It was
known in 1988 when the zoning was changed in that there
would be a problem with meeting the total requirements of
the Code.
Ms. Coopersmith then asked the Planning Director to clarify
a statement in the Staff Report regarding the need for
traffic management.
The Planning Director explained that he would like Ocean
Properties to provide staff with a Traffic Management Plan
whereby they would direct more of their traffic onto
Atlantic Avenue through interior design changes to the
project itself making Atlantic Avenue the primary entrance
to get to the restaurant, bar facilities, etc. . Also, a use
plan for their employees and guests to use Atlantic Avenue
access.
Chairman Bridges reiterated that the major issues that
needed to be addressed were: access, loading, offensive
odors from the dumpsters and the parking issue. It was then
directed by the Chairman that this request be continued to
the March 19th Regular Meeting.
Mr. Kovacs requested that Ocean Properties prepare a written
response to the Board' s comments and concerns as soon as
possible.
P&Z Minutes
February 26, 1990
Page 5
IV. LAND USE ITEMS:
A. Site Plan and Conditional Use Extension Request for
Gulf stream Motor Lodge (S.W. corner of S.W. 10th Street
and Federal Highway) :
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He pointed out that there
have been no changes made to the property and
recommended approval of the extension.
There being no discussion by the Board, it was then
moved by Ms. Coopersmith, seconded by Mr. Klarer and
passed 6-0 to recommend to the City Commission that the
conditional use and site plan approval be extended for
pan additional eighteen ( 18) month period.
Mr. Schneider then returned to the Board.
B. Final Plat, Old Harbor Square (two lot split of
existing facilities) :
Mr. Kovacs introduced the item through a review of the
Staff Report. He pointed out that this plat only
involves the Amoco Gasoline Station and that the
property has had a change in ownership since January
1989 and that the new owner is finalizing the plat by
bring it into two parts, as he felt it should be
divided. He then emphasized the following points:
- in order to overcome a problem with respect to the
property next to the driveway, the driveway will
have to moved 15 feet to the west.
recommended that the perimeter landscaping be
waived.
- that the request before the Board requires two
separate actions: 1) to recommend that the waiver
be granted; and, 2) to certify the final plat
with one condition.
Motion #1: It was moved by Mr. Klarer, seconded by Mr.
Parker and passed 7-0 to forward a positive
recommendation to the City Commission in support of a
waiver from Section 159 . 30 ( landscaping for abutting
property lines) .
P&Z Minutes
February 26 , 1990
Page 6
Motion #2 : It was then moved by Mr. Schmidt, seconded
by Mr. Parker and passed 7-0 to certify the final plat
for the Old Harbor Plaza Plat No. 2 subject to the
following condition:
Recondition of the separate agreements for cross
access along with drainage rights and maintenance
responsibilities between Tracts A and B must be
accomplished prior to recordation of this plat.
Mr. Schneider stepped down from the Board for the following item.
C. Master Plan for the Municipal Cemetery (Delray Beach
Memorial Gardens) :
Mr. Joe Weldon, Director of Parks and Recreation,
presented a brief overview of the proposed expansion.
Mr. Weldon explained the four main aspects regarding
expansion of the cemetery which is to be accomplished
over the next five years: 1) main access off S.W. 10th
street with a secondary entrance off S.W. 8th Avenue;
2) to establish a central area in the cemetery for a
mausoleum complex; 3 ) to improve the interconnecting
parallel roadways so that it is possible to access all
areas of the cemetery from S.W. 10th Street; and 4)
that a new entrance be constructed off S.W. 10th Street
which is scheduled for 1992/93 .
Mr. Kovacs explained that the funding for these
improvements will come from the Cemetery Fund which is
a self sufficient fund. In the event that it isn' t
self sufficient and the time comes for needed space,
then it would be necessary to seek fund from an
additional source.
It was then moved by Ms. Coopersmith, seconded by Mr.
Schmidt and passed 6-0 to forward the proposed Master
Plan for the municipal cemetery to the City Commission
with a recommendation that it be approved based upon
findings that it is consistent with the Future Land Use
Map and that it is consistent with, and implements a
portion of, Public Facilities Element Objective D-2;
but condition upon the requirement that prior to
implementation of major capital aspects of the Master
Plan, ' the overall project be added to the 5-Year
schedule of improvements (through annual review and
amendment process) and at that time the funding source
and sufficiency of revenue be identified.
Mr. Schneider then returned to the Board.
P&Z Minutes
February 26 , 1990
Page 7
D. Sketch Plan Alternatives for Parcel A Linton Center
Replat (Circuit City) :
Mr. Kovacs introduced the item through a review of the
Staff Report. He stated that a site plan was submitted
in January where upon the Board raised concerns and
then met with the Agent at a special workshop meeting.
Subsequent to that workshop a new concept plan was
submitted. In order to process the new concept plan,
variances needed to be granted by the Board of
Adjustment with respect to encroachment into setback
areas to the south and west of the site. The Community
Commercial zone district require a 60 ' setback in those
areas and these project goes approximately 24' of those
lines.
•
He pointed out that the Staff Report identifies three
major concerns that were addressed by the revised plan.
The following four items still need to be addressed:
1. the north access point
2. loading and access to Circuit City
3 . loading to retail areas both require extensive
backing and also may require the use of public
right-of-way in order for a tractor trailer to be
able to maneuver
4. the improvement of overall aesthetics to the site.
Mr. McMurrain then gave a presentation so that the
Board could review architectural issues and address
comments by Board members. He pointed out that once
the Board of Adjustment has approved the variances a
revised site plan will be submitted for the Planning
and Zoning Board's review.
Mr. McMurrain informed the Board that Ocean Properties
had just received a conceptual front elevation from
Circuit City. He pointed out that only the northern
elevation was addressed but would continue the look
around the west portion of the building.
Although this was not a public hearing item, the
Chairman allowed Ms. Jean Beer to address the Board.
Ms. Beer felt the building has a very harsh plastic
look and did not like the tower. She suggested that
bougainvillea would help to soften the look.
After discussion, -it was the consensus of the Board
that the tower was completely out of character and that
they considered it a logo in a form of a building.
Mr. Kovacs suggested that the tower be brought to the
level of the building.
P&Z Minutes
• February 26, 1990
Page 8
Mr. William Wilsher and Mr. Richard Eckerle were— L.
present to receive the Board' s comments for the
Community Appearance Board.
It was then moved by Mr. Schmidt, seconded by Mr.
Klarer and passed 4-2 (Purdo, Coopersmith dissenting;
Schneider abstaining) to endorse the concept plan and
recommend to the Board of Adjustment that variances be
given to the setback requirements and the loading
requirements in order that this more appropriate site
design can be accommodated.
V. PLANNING AND IMPLEMENTATION MATTERS
A. fnterpretation of Future Land Use Map Regarding
Residential and Redevelopment Area Boundary on
Southridge (Swinton South) :
The Planning Director pointed out that the City
Attorney had responded that he concurred that the
redevelopment area was to include the industrial area.
It was then moved by Mr. Schmidt, seconded by Mr.
Parker and passed 7-0 that there was an error on the
Future Land Use Map and determined that the subject
property is to be included in the Redevelopment Area
#3.
B. Discussion of Land Development Regulations Project
Matter (as time permits) :
The Planning Director provided handouts to the Board
Members of a matrix that reflected the land use
decisions that needed to be made, of the necessary
permits and the approval agency. A second matrix also
was presented that dealt only with the site plan
approval process.
VI . REPORTS AND COMMENTS:
•
A. Board Members
Ms. toopersmith stated that she had received a
telephone call relative to the proposed Albertson' s
site in regard to 75 ' of undisturbed buffer area
adjacent to the Shadywoods ' Subdivision. She inquired
as to the status of the Albertson' s site.
P&Z Minutes
February 26 , 1990
Page 9
Mr. Kovacs explained that the residents of Shadywoods
thought they had an agreement with the developer to
have 75 ' of cleared land next to Shadywoods that was
consummated in an easement agreement. The easement was
for 75 ' of open space area, which meant that 75 ' area
there would be no structures or parking but there would
be drainage and utilities. He continued to explain that
when Albertsons came in with their plans, staff
explained that vegetation and trees had to be
preserved. The lake would have to be moved as far west
as possible to preserve the trees and to provide
additional landscaping. He pointed out that there has
been no special agreement. The rezoning petition was
submitted and then set aside.
B. Staff
1. Schedule for E.A.R. Task Team Meetings
Mr. Kovacs stated that the E.A.R. Task Teams will
be reviewing the policies to identify any policy
that they felt should be taken from the
Comprehensive Plan and placed in a separate
document or perhaps deleted altogether. He
pointed out that the next step is to prioritize
policies. He explained a memorandum has been
supplied to all the City' s Department Heads that
explains the process and a form that needed to
filled out.
2. Status of Amendment #1 to the Comprehensive Plan
Mr. Kovacs stated that the first amendment to the
Comp Plan was behind schedule. He then informed
the Board that a Neighborhood Planner has recently
been hired and that work will now being on the
Pineapple Grove district.
The meeting was adjourned at 9: 25 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting
of said body for February 26, 1990, which were formally adopted
and approved by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as
indicated above, then this means that these are not the official
Minutes. They will become so after review and approval, which
may involve some changes.
MINUTES OF THE PLANNING AND ZONING BOARf3/ ? i
CITY OF DELRAY BEACH, FLORIDA __
PUBLIC HEARING/REGULAR MEETING
MEETING DATE: MARCH 19, 1990
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I . CALL TO ORDER:
The meeting was called to order by Chairman Bridges at 7 :00
P.M. Upon roll call it was determined that a quorum was
present.
Members Present: Chairman Bridges, Coopersmith, Klarer,
Parker, Schmidt, Schneider
Members Absent: Purdo
Staff Present: David Kovacs, Paul Dorling, Jeff Costello,
Celeste McDonough
II . The Approval of outstanding Minutes was deferred to a
subsequent meeting.
III . PUBLIC HEARING ITEMS
A. Consideration of a Conditional Use Request and
Attendant Site Plan for the Proposed Tarrymore Bed and
Breakfast to be Located at the Southwest Corner of
Swinton and N.W. 1st Street:
Mr. Kovacs stated that this item was reviewed by the Board
at a recent workshop meeting and reported that the
Historic Preservation Board held public hearings on this
item and all variances were granted; also, a Certificate
of Appropriateness was issued for the conditional use
request. He emphasized the following:
1) that a revised site plan has been prepared that
reflects the Agent's comments;
2) that, if within a two year period the City decides to
have the alley improved, then Tarrymore Bed and
Breakfast would take that portion along the back of
the property and close off the current curb cut;
also, this would reorient the parking so that
parking would be off the alley.
P&Z Minutes
March 19, 1990
Page 2
t" (`! i .1 F 4r
The Planning Director pointed out that compliance was
needed with respect to the State Fire Code and Handicapped
Access Code. He stated that it is not considered a
condition but the City wants to draw attention to it as
there cannot be any licensing or waivers .
Ms . Diane DiMarco, Agent, was present and had no
objections to the list of conditions.
The Chairman then declared the Public Hearing opened.
There being no one who wished to speak the Public Hearing
was declared closed and the Chairman turned to the Board
for comment and action.
Mr. Schmidt questioned why staff is recommending the
completion of the alleyway improvements within a two year
period timeframe.
Mr. Kovacs explained that staff felt that it would be a
reasonable timeframe in order to tie into this particular
use in case there may be a problem after a year of
operation. Another reason is that the alley paving is
complicated because there is a grade differential, utility
poles may need to be moved, etc.
It was then moved by Mr. Klarer, seconded by Ms.
Coopersmith and passed 5-0 (Mr. Schneider not present for
the vote) for approval of the conditional use request
based upon findings of consistency with the standards for
evaluation of site plans, conditional uses; the standards
established for bed and breakfast inns; and, based upon
the actions of the Historic Preservation Board through its
granting of variances and issuance of a Certificate of
Appropriateness (thus, promoting and implementing those
portions of the Comprehensive Plan which address historic
preservation) ; subject to conditions ( 1) thru (3) listed
below; and, recommend that waivers be granted from the
perimeter landscape requirements (Section 159 .29 and
159 . 30) :
1. That a revised site plan which reflects the
improvements agreed to through the applicant's
response letter be submitted and processed as a
non-impacting site plan modification.
P&Z Minutes
March 19, 1990
Page 3 , 0
1mac-
r
2 . That the use may be established with use of the
existing parking area but prior to establishing the
use an agreement which provides that if, within a two
year period of time, the City improves the alleyway
that the Tarrymore Bed and Breakfast will pay for
that portion adjacent to it and will modify its
on-site parking to close the driveway onto First
Street and to accommodate parking from the alley.
However, if there is additional property owner
participation, the Tarrymore would be treated in the
same manner as other property owners . Said agreement
to be in a form acceptable to the City Attorney and
to be recorded.
3 . That compliance be made with respect to requirements
of the State Fire Code and Handicapped Access Code.
B. Consideration of a Rezoning from Light Industrial (LI) to
Mixed Industrial and Commercial (M.I.C) Yu Brothers
Facility on Congress Avenue South of the L-32 Canal:
Mr. Kovacs introduced the item through a review of the
Staff Report. He stated that this is a very
straightforward item since it is an existing building that
has been opened for occupancy for approximately a period
of one year. He explained that the applicant wishes to be
able to have a showroom and retail outlet for a potential
tenant which was not allowed under industrial zoning but
is allowed under Mixed Industrial. He stated that MIC
zoning would be considered when the City adopts the new
zoning map and that there is no problem with the intensity
of use in that the site has been built from a site plan
point of view as much as possible as only 1300 sq.ft. of
retail can only be accommodated on the site.
The Chairman then declared the Public Hearing opened.
There being no one who wished to speak the Public Hearing
was declared closed and the Chairman turned to the Board
for action.
It was then moved by Ms. Coopersmith, seconded by Mr.
Parker and passed 5-0 (Mr. Schneider not present for the
vote) to forward to the City Commission a recommendation
of approval of the rezoning request from LI to MIC as
being consistent with the Comprehensive Plan and upon
positive findings with respect to the "Standards for
Evaluating Rezoning Requests" pursuant to Section 173.888
of the Delray Beach Code of Ordinances.
P&Z Minutes
March 19, 1990
Page 4 . ) fl
C. Consideration of Expansion of Conditional Use, Executive
Motors, to Include Property Between the Existing Facility
and Avenue F:
Mr. Kovacs introduced the item through a review of the
Staff Report. He explained that the proposal is to be
able to move into the north half of the block as an
automotive related use. The site is vacant even though
there are vehicles parked there at the present time.
The Planning Director then passed out to the Board charts
that identified four code sections which deal with site
upgrading. He recommended approval of the automobile use
subject to conditions as listed in the Staff Report; and,
subject to Condition (2) being amended to reflect the 25 '
perimeter landscaping buffer along Federal Highway. He
proposed that Parcel A stay as it is but with a "Mazda"
type agreement whereby when Federal Highway is widened the
property owner will then provide the 25 ' landscaping along
the frontage of the property. With respect to Parcel C
but concurrent with the establishment of use, that three
additional palms trees be added along with the
installation of a hedge along the Parcel (same as what
exists on Parcel A) .
Also, to reword the requirement for interior landscaping
islands to change to an overall percentage of 10% interior
green space in order to provide more flexibility.
It was then pointed out by Mr. Kovacs that there were some
existing mortgage problems and recommended that some
agreement be processed concurrent with the site plan which
would provide that if at some time that one of the three
parcels do not become part of the project, then the
conditional use approval of the expansion of the
automobile dealership would become void.
Mr. Mark Marsh, Agent stated that he concurred with the
agreement concept as recommended by the Planning
Director.
Vice-Chairman Schmidt then declared the Public Hearing
opened. There being no one who wished to speak the Public
Hearing was declared closed and the Chairman turned to the
Board for comment and action.
After discussion, it was the consensus of the Board to
amend Condition (2) as recommended by the Planning
Director.
P&Z Minutes r_
March 19, 1990
Page 5 El : M
It was then moved by Mr. Klarer, seconded by Mr. Parker
and passed 5-0 (Bridges abstaining) to recommend approval
of the Conditional Use request subject to the following
conditions :
1 . That the 3 parcels be aggregated into one parcel
either through a recordable agreement or the
expansion becomes void; or a Unity of Title; or,
boundary plat.
the required 10% internal green space for parcel
C as a Phase I improvement.
the 25 ' perimeter landscape buffer along Federal
Highway for both Parcels A and C be subject to a
"Mazda" type agreement which would provide for
installation of the 25 ' on the widening of
Federal Highway and that the same agreement
would be applied to Parcel C but that concurrent
with the establishment of use Parcel C shall
have a hedge, plus three additional palm trees
planted.
providing locations for interior landscape
islands which will meet for the overall parcel
10% interior green space requirements for both
Parcels A and B, to be installed as a Phase 2
improvement.
the 5' perimeter landscape strip along the west
property line of Parcel B, to be installed as a
Phase 2 improvement.
sod and irrigation to edge of pavement of Avenue
G, to be installed as a Phase 1 improvement.
D. Consideration of a Conditional Use Request for the
Proposed Tutor Time Day Care to be Located at the
Southeast Corner of Davis Road and Lake Ida Road
(Proposed Use Within the All American Enterprises
S.A.D. Rezoning Request) :
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He stated that the Board had
reviewed the site plan at a workshop meeting and at that
time the Agent agreed that it would be appropriate to
review the site plan to accommodate the Board's previous
critiques. Public testimony will be taken today to
ascertain concerns and the item is to be continued until
such time that the revised site plan is submitted.
P&Z Minutes
March 19, 1990
Page 6
L.(‘*
=~
Staff recommends support of the day care center with the
revised site plan to follow and that there be three items
that were not made a part of the submission previously but
is to be made a part of the submission are as follows:
a parking control plan which identifies the
utilization of parking spaces within the center and
with that justification of the number of parking
spaces that are going to be provided.
- note that the SAD allows the parking to be
established as a part of the ordinance and site plan
approval.
that the playground in Phase II is to be for infants
only; if the center ceases to have infants, that the
playground not be used for toddlers or older
children; and,
that the application specially states that age group
limitation is for 6 years of age or younger.
There being no questions, the Chairman declared the Public
Hearing opened. Speaking from the audience were the
following individuals:
Mr. Arthur Jackel supported the proposal but felt that the
landscaping could be improved.
Mrs. Adele Jackel stated that the Delray Shores Pharmacy,
which is located on Lake Ida Road is used mainly by senior
citizens and many handicapped people. She felt that the
parking area was very small and requested that the parking
be reserved for pharmacy users only.
Mr. Samuel Fisher, representing the Board of Directors
of Rainberry Bay, requested that the hours should be very
rigid for the day care center because there is a lot of
traffic congestion after 6 :00 on Lake Ida Road. This
could become an adverse impact for the entire project.
Mr. Fisher felt that the convenience store should also
have a restriction of operating hours .
Mr. Roger Saberson, Agent, stated that there will be a one
way pattern flow for parents dropping off their children.
He requested that there be a modification for requirement
of the age of children from six years of age to 10 years
of age. This would give flexibility for parents to bring
another child to the center during the summer months.
P&Z Minutes
March 19, 1990
Page 7 t , .1 fill f7'� .y'
kWr✓
Mr. Mark Marsh, Architect, explained that the proposal is
to create an opaque barrier fence for the playground. The
fence along with the hedging and trees will create the
separation from the abutting property. He stated that the
applicant will be proposing a solid fence and will not be
removing any trees . He felt that the 72 parking spaces
would be sufficient, not only for the child care center,
but also for the commercial user. He assured the Board
that there would be designated handicapped parking
available for the pharmacy.
Mr. Kovacs asked that the applicant provide a narrative as
to the outline of the use which would explain the
playground, the age group, and the hours of operation.
Also, that the primary function of the day car center is
for less than six years of age but also for special
programs such as the Latch Key program and for a summer
camp.
Mr. Michael Weisman, owner, informed the Board that he
also owns five other day care centers which are located in
Palm Beach County. He stated that many parents have
children who attend the local school and wish to have
these children in the day care center environment along
with their younger brothers and sisters . The children are
picked up by van after school and brought to the center so
that the parents can then pick up their children around
5:30. He explained that at no time did he anticipate the
use of this center for anything other than a pre school
program, a Latch Key program and the accommodation of the
older children for a summer camp program.
Mr. Weisman assured the residents that he had a very large
investment and emphasized that as an owner, he will have
control of the other tenants. The day care center will be
using 8,000 sq. ft. out of approximately 18,000 sq. ft. of
space that the other tenants will help to make the center
profitable. He stated that there will be on children on
the premises after 6 :30 P.M.
Ms. Coopersmith expressed concern of children 10 years of
age being in close proximity to a grocery store that sells
alcoholic beverages. She felt that the traffic congestion
would adversely affect the center.
It was pointed out by Mr. Saberson that there will be a
left turn lane so that cars going westbound can go around
those cars turning into the center. However, this will
only be a temporary situation as Lake Ida Road will be
widened to accommodate five lanes of traffic by 1992.
P&Z Minutes
March 19, 1990
Page 8 ,,';)`;
:r l] ya7 t
Mr. Weisman explained that the Latch Key program children
are picked up by van and brought to the center in the
afternoon after school hours . He emphasized that all
exits and entrances will be at the back of the building
rather than the front. It was pointed out that attendance
would be taken by a staff person and that he did not
anticipate any problem as each child will be directed to
the center' s entrance by a staff member. All parents have
to sign a release if the child is to attend a class after
regular school hours.
Upon question by Board members, Mr. Weisman emphasized
that there are very strict regulations by the State, HRS,
City, Fire codes, etc. Also, that he was heavily insured
by approximately two million of liability insurance and has
never had a problem with any of his day care centers .
It was then moved by Ms. Coopersmith, seconded by Mr.
Klarer and passed 5-0 to postpone action on the
Conditional Use request, until a revised site plan
accommodating the concerns identified within the staff
report accompanies the Conditional Use action and with the
following direction:
1. A written parking control plan addressing total
number of spaces to be utilized by the child care
use, location of employee spaces and location of park
and drop-off spaces for parents .
2 . Amend the application and site plan to reflect that
playground area No. 2 is for "infants only" .
3 . That a full description of the age group of the
children is to be provided by the applicant.
Mr. Bridges then returned to the Chair.
Mr. Schneider stepped down from the Board for the following item.
Mr. Schmidt also stepped down for the following item because he
represents an adjacent property owner. He stated that he would
participate in the discussion of this item but would not vote.
P&Z Minutes
March 19, 1990
Page 9
Lta
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E. (Continuation) Consideration of Expansion of Conditional
Use, Camino Real Hotel (Holiday Inn) , to Include Property
Between the Existing Facility and the Manor House:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He pointed out that this item
was before the Board on February 26th at which time public
testimony was taken before the Board and the item was
continued to this meeting. Staff received a letter from
Ocean Properties requesting the continuance of this item
in order that revisions can be made to the site and
development plan. He then reviewed the following eight
points of concern which were brought up at the Board's
last public hearing:
- Loading/Delivery areas : The loading will be located
on the west side of the building. Parking of
delivery trucks will be discouraged on Andrews
Avenue.
- Trash/Garbage: The proposal is that it will be at
the southwest corner of the elevated parking deck.
- Traffic and Employee Management Program: The
employee traffic will be restricted to Atlantic
Avenue. Valet parking will be provided at both the
main lobby and the Atlantic Avenue area.
It was suggested by Mr. Klarer that a one-way gate be
installed.
- Step-back architect along the A-1-A frontage:
- Increased setbacks along Andrews Avenue and
additional screening west of the garage and tennis
courts.
- Lighting of Tennis Courts : Agent will provide a full
design outlining the lighting.
- Parking garage access points on Andrews Avenue.
- A basis and rationale which supports a reduction in
required parking to the amount which is planned to be
provided.
Neighborhood impacts with respect to noise created by
equipment and machinery during evening and night
hours: new noise equipment will be placed over the
1-story kitchen restaurant and meeting room. The
1-story portion will be sandwiched between the old
tower and the new tower. The east/west location will
help to elevate the noise level.
P&Z Minutes '
March 19, 1990 {?fi ki
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Page 10 ;. ,
Lj
The Chairman then declared the Public Hearing opened. The
following individuals addressed the Board.
Mr. Alvaro Vera, resident of a condominium across the
street and felt that there should be a 25 '
setback.
Mr. Michael Caruso, expressed the following concerns:
inadequate parking of 107 parking spaces and the
possibility of an overflow into the residential area;
and, that there should be less concern of the lighting for
the tennis courts and more concern of adequate parking.
Mr. Caruso felt that the tennis courts should be
eliminated.
Ms . Carol Bentman, representing the Manor House
Condominium Association, suggested that Ocean Properties
supply a display model showing the different elevations to
help the neighboring residents prior to the finalization
of site and development plan.
Ms. Elizabeth Matthews, representing the Beach Property
Owners Association, expressed concern of large trucks with
displays that stay parked during the duration of a
convention.
Mr. Bill Gray, resident of the Manor House, inquired as to
how valet parking would get from the entrance to the
parking lot.
Mr. Bob Houge, resident of the Manor House, felt that cars
turning left at the entrance of the hotel from AlA would
cause a major problem of stacking.
Mr. Rhett Talbot, 122 Andrews Avenue, expressed concern of
egress onto Andrews Avenue and the increased traffic flow
north onto Andrews to avoid the congestion that might
occur along Atlantic Avenue; the loss of vegetation; and,
that the size of the project is not compatible with the
surrounding area.
Mr. McMurrain, representing Ocean Properties thanked the
Board members for their comments and stated that their
concerns would be incorporated into the revised site plan.
He added that it might be possible to provide an overall
scale for comparison.
There being no further questions, the Chairman turned to
the Board for action.
P&Z Minutes
March 19, 1990 • 1�
F Page 11 W;r
Ly
It was then moved by Mr. Klarer, seconded by Mr. Parker
and passed 4-0 (Schmidt abstaining) to continue
consideration of the conditional use request and attendant
site plan to the Planning and Zoning Board meeting of May
21, 1990.
Mr. Schneider stepped back to the Board.
F. Consideration of a Text Amendment to the Zoning Code to
Provide for Transfer of Development Rights (TDR) :
Mr. Kovacs stated that the Board had workshopped the TDRs
and first reviewed the draft at a regular meeting at which
time the Board declined to make a formal recommendation on
the concept due to its complexity and newness of the
topic. The Planning and Zoning requested that the City
Commission workshop the item and give further direction;
however, the Commission did not give direction thus the
item is again before the Board for consideration.
The Planning Director informed the Board that there has
only been one change since the staff report which was
prepared for the Board's January 22nd meeting. The
recommendation of the Director's on the ratio is for one
residential unit to be equal to 2,000 sq.ft. of office
space.
The Chairman then declared the Public Hearing opened.
There being no one who wished to speak the Public Hearing
was closed and the Chairman turned to the Board for
action.
It was then moved by Mr. Schneider, seconded by Mr. Parker
and passed 6-0 to forward the TDR proposal to the City
commission with a recommendation of approval (this
includes the ratio of one residential unit to 2,000 sq.ft.
of office floor area) .
IV. LAND USE REQUESTS
A. Consideration of a Modification to the Master Site Plan
for the Delray Park of Commerce, a Site Specific Site
Plan, and a Plat all with Respect to Tract E:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He stated that this project
has a lengthy history which goes back to 1985. The
project received site plan approval by the Board on
October 19, 1987; however, the project did not have any
activity and the site plan has since expired.
P&Z Minutes
March 19 , 1990 ,1 f�:
Page 12
The proposal for Tract E is for three structures. He
explained that even though the total square footage has
been reduced by going to three structures and having some
land being devoted to the traffic circulation system (the
roadway stem itself) does not mean that the development
will be less intense. One of staff's criticisms is that
it is quite intense and lacks a lot of characteristics that
are shown elsewhere on the site.
The Planning Director recommended denial due to the number
of outstanding items and the extent of site plan
modification necessary to accommodate the concerns as
stated in the Staff Report. The applicant has provided
revised site plans which do not adequately address staff' s
concerns with respect to the following items: internal
vehicular circulation patterns; inadequate pedestrian
circulation; substandard parking space lengths; and,
conflicts with master landscape plan.
Mr. Jim Johnson, Agent, was present and introduced the
three owners of the property: Harry Hamilton, Gerard
Arsenault and Gary Arsner. These gentlemen then addressed
the Board and explained how they became interested in this
particular parcel.
Mr. Johnson stated that he wished to discuss several
points as outlined in the Staff Report. These are as
follows:
In regard to Standard B as it relates to adjacent
properties - the square footage has been reduced thereby
reducing the amount of traffic. All the overhead garage
doors are contained so they are internal as opposed to
being external. He felt this was an advantage from an
aesthetic point of view and reminded the Board that the
proposal is for light industrial as opposed to a shopping
center. Mr. Johnson pointed out that the staff report
indicated that the parking spaces are of substandard
lengths when in fact there are no substandard parking
spaces on the property.
In regard to Standard C (ingress and egress) , Mr. Johnson
felt was inadequate as the second entry is 15 ' from the
property line instead of 10' as indicated in the staff
report. The owner of Building A feel they have 2,000
sq. ft. and are considering a storage/holding area on the
south half.
P&Z Minutes
March 19, 1990
Page 13
r
7 I
He stated that technically the code requirement can be met
because there is an existing power pole with high voltage
lines and have acquired a 24 ' wide access at that point.
Standard D (off-street parking) : Mr. Johnson's proposal
is to use the edge of the curb in lieu of a car stop.
Standard E (screens & buffers) : There are 8 Black Olive
Trees and 4 Ficus trees, plus a continuous hedge, as
opposed to an intermittent hedge along the property line.
Mr. Schneider expressed the following concerns : that the
second access would divide the property into two parcels;
that even with the Agent' s proposed modifications; a 3 '
sidewalk does not meet the handicapped code requirements;
the location of the dumpster at the east end; had mixed
emotions regarding the FP&L power lines; the site was
jammed with parking spaces for Building C; and, there
seemed to be a conflict regarding approval from the
Community Appearance Board.
Chairman Bridges suggested that there be more greenspace;
however he felt that any outstanding problems could be
worked out.
The owner of the property informed the Board that the
tenant of Building A is losing his lease and requested
that the Board make a few amendments (with the exception
of the Handicapped Code requirement) and suggested that
the site plan could come back to the Planning Director
after the Board's approval.
It was suggested by Mr. Schneider that this item be tabled
or put on the agenda for a special meeting for direction.
Mr. Kovacs explained that there are two issues that the
Board needed to consider: 1) a solution to the problems
of the cars overlapping the sidewalk; or 2) to delete the
sidewalks by replacing the sidewalk with sod and provide
accessways .
After discussion, it was then moved by Mr. Schneider,
seconded by Mr. Parker and passed 6-0 to continue the item
to March 22nd.
P&Z Minutes
March 19, 1990
Page 14
{�`•.+ �.
B. Consideration of an Alley Abandonment as Requested by
Bethel Evangelical Church:
Mr. Kovacs introduced the item to the Board and pointed out
the that the church proposes to build a parking lot which
is separated by an intervening alley. In order for the
parking lot to be used it has to be a part of the
contiguous church property; therefore, by abandoning
the alley, they provide the contiguous. The alley
is already abandoned further south and there is no
problem except with the replacement of easements. The
abandonment needs to proceed so that the church has to do
a redesign of the parking lot. Another reason is that the
church will need to either negotiate with an adjacent
property owner to acquire eight feet of alley, or to
relocate fences of which the applicant is to pay for the
relocation.
It was then moved by Mr. Schneider, seconded by Mr. Klarer
and passed 5-0 (Schmidt not present for the vote) to
recommend approval to abandon the 16 foot alley
right-of-way subject to the following conditions:
1. Concurrent with consideration of the abandonment
petition by the City Commission, replacement
easements shall be granted to cover existing utility
facilities.
2 . Concurrent with the development of the parking lot,
the Church with the permission of the property owner
(Lot 5) , shall relocate the existing chain-link fence
to the centerline of the alley.
3. The proposed parking lot must be designed to
accommodate the existing utility poles.
V. PLANNING AND IMPLEMENTATION ITEMS
A. Consideration of the Realignment and/or Extension of
N.W. 10th Avenue with Respect to Access to Spady
Elementary School.
Mr. Kovacs informed the Board that the expansion plans
call for new administrative facilities relative to parking
areas the the parent drop-off area on the west portion of
the site. He pointed out that the school bus drop-off
area will remain on N.W. 8th Avenue. Also, in order to
provide for access to the school from Lake Ida Road, it
will be necessary to extend N.W. 10th Avenue northward.
P&Z Minutes
March 19, 1990 ._
Page 15 i F:i1
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At the present time, there is no right-of-way for such an
extension. He pointed out that the funding will come from
the Decade of Excellence Bond issue. The Planning
Director anticipated that the realignment and purchase of
the rights-of-way will cost approximately $200,000 out of
the $500,000 which is allocated for this project and that
the Education Board accepts the proposal.
It was then moved by Mr. Schneider, seconded by Mr. Parker
and passed 6-0 to find that the realignment and extension
of N.W. 10th Avenue, as described in the Staff Report, is
generally consistent with the City's Adopted Comprehensive
Plan with specific reference to the proposed findings.
B. Report Regarding the E.A.R. Project and First Amendment to
the Comprehensive Plan.
Mr. Kovacs informed the Board that this project is behind
schedule and
C. Report and Discussion Regarding Further Preparation and
Review of the Local Development Regulations (LDRs) .
Mr. Kovacs informed the Board that he is presently working
on a revised schedule for the LDRs and which will be
available for the Board to review.
VI . REPORTS AND COMMENTS
A. Board Members
Chairman Bridges stated that he would not seek another
term of office when his term expires in September as he
plans to become very active in the City' s Neighborhood
Plans.
B. Staff
1. Rescheduling of the Friday A.M. Work Session in
April.
The Planning Director asked that the Board wait until
Thursday' s meeting to reschedule the regular work
session in April.
P&Z Minutes
March 19, 1990
Page 16 , ;
.�` , _,- •
The meeting was adjourned at 10 :25 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting of
said body for March 19, 1990, which were formally adopted and
approved by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as indicated
above, then this means that these are not the official Minutes.
They will become so after review and approval, which may involve
some changes.
MINUTES OF THE PLANNING & ZONING BOARD 4V L 4 4
CITY OF DELRAY BEACH a f'j
ty
PUBLIC HEARING/REGULAR MEETING
MEETING DATE: APRIL 16, 1990
Location: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I . CALL TO ORDER:
The meeting was called to order by Chairman Bridges at
7 : 10 P.M. Upon roll call it was determined that a quorum
was present.
Members Present: Chairman Digby Bridges, Helen Coopersmith,
David Klarer, Larry Parker, Thomas Purdo,
David Schmidt, Larry Schneider
(Mr. Schneider arrived after the roll
call)
Staff Present: David Kovacs, Paul Dorling, Jasmin Allen,
Celeste McDonough
II . APPROVAL OF MINUTES:
The approval of the Minutes was deferred to a subsequent
meeting.
III . PUBLIC HEARING ITEMS:
A. Delray Town Center Rezoning, POC to LC, Approximately
10 Acres in the Northeast Corner of Military Trail and
Linton Boulevard:
The Chairman invited the petitioner to present the
introduction of this item to the members of the Board.
Mr. Bob Basehart, Agent, stated that the property is
located north of Linton Boulevard and east of Military
Trail and is approximately 9 . 7 acres in size. The
property is adjacent to the Duncan Center on the north
and the Lakeview Golf Course; on the east by the
Shadywoods ' complex and is adjacent to the BocaRay
Shopping center to the south. The property represents
the east half of a parcel approximately 20 acres in
size. Approximately one year ago the western 10 acres of
the site was approved for a shopping center and an
Albertsons . The Albertson's store being about 63,000
sq. ft. , and the total shopping center being about 102,000
sq. ft.
P&Z Staff Report
April 16, 1990 %<< , % tis --
Page 2 ` r The proposal tonight is to seek rezoning from POC to LC,
Limited Commercial, and that a site plan was also
submitted which is trailing this request and will appear
on the May agenda. He pointed out by the time the final
vote by the City Commission is scheduled, the site plan
will catch up to the rezoning application. The latest
approval on the eastern portion, which is under
consideration tonight, was a 98,500 sq. ft. office building
on the existing POC zoning. The request is considered
consistent with the City's Comprehensive Plan. He
explained that the proposal is for an additional 87,000
sq. ft. and will wrap around so that the part leading to
the pedestrian areas at the front entrances to all the
shops will be oriented toward the center of the site.
This is where the activity will occur along the eastern
portion of the building and the area adjacent to the
Shadywoods development.
Mr. Basehart informed the Board that the lake on the
property is 2 . 63 acres in size and that a part of the
original approval on the western half is that the
natural vegetation between the lake and Shadywood's
boundary will be retained and preserved. Landscape
materials removed from the development of the site will
be used to supplement that area to enhance the original
buffer between the Shadywood' s development and the
activity areas of the site. In discussions and
negotiations with the residents of the Shadywoods area,
his client has agreed and committed to the construction
of an 8 ft. high wall privacy wall from the rear
property line at the north, all the way to where the
southern entrance drive that carries the east/west
traffic onto the site. The wall will totally block
visibility from the site. In addition to that, the wall
will continue all the way to the required 30 ft.
landscaping buffer and wrap around the interior 10 ft. to
Linton. The wall will transition from 30 ft. buffer to an
8 ft. to 4 ft. in height and will essentially block any
activity from the site to the Shadywoods development. Mr.
Basehart stated that his client has also agreed to plant
hedging and canopy tree on the inside of that wall to
enhance the appearance of the wall itself. Also, that the
architectural treatment will continue from the front of
the center to all four sides so that anything that could
be seen from the top of that wall would be a finished
building elevation and a mansard roof so that there should
be no negative impact from the view of the building. He
pointed out that the architectural treatment of the
easterly portion of Phase II will be identical to what was
approved by the City for the western portion of the site.
P&Z Staff Report
April 16, 1990
Page 3
He felt that there wasn't a lot of flexibility in terms of
the building mass because a lot of the design of this
eastern portion was set by the approval of the western
half. A traffic report indicated that ultimately there
would be a reduction of turning movements in what will be
the central entrance of the entire center by the
installation of what is referred to as a "peanut" for lap
turns onto Linton from the Center. It was explained that
this necessitated a full turning movement entrance which
lines up with an existing curb cut on Linton Boulevard
that is being constructed all the way over to the western
portion. All of this construction is a part of the first
Phase of the development.
Mr. Basement stated that a market study was prepared
that analyzed the per capita income in the trade area,
which is a little over $18,000 a year. The market area
represents an area approximately half way between
Atlantic and Boynton Beach Boulevard, Yamato Road and
from I-95 to the Turnpike. The market study revealed
that 260,000,000 sq. ft. of competitive retail could be
supported at this location.
In conclusion, Mr. Basehart thanked the Board for being
able to make this presentation and requested that he be
given the opportunity to respond to any questions after
the public hearing portion.
The Chairman then turned to the Planning Director for
the background of this proposal.
Mr. Kovacs presented the following history of this
item to the Board. When the property was originally zoned
residential, some time between 1985 and 1986, the property
owner wanted to change the property to commercial and to
also change the Land Use Plan to Commercial . At the end of
1986, when the decisions were made (that was when the
compromise was made) the west part was to go Commercial,
the east part to office as a buffer land use. There were
other concessions to be made on the land use, and the
office was to go to a speciality type of activity.
Approximately six months later another petition was
submitted for a site plan modification for the western
portion, which was the Albertson' s site plan. During
1987, again there was a lot of controversy over the
project, and in September of 1987 the plan amendment to
change the office to commercial was then set aside so then
all the attention went to the Albertson' s site plan
itself. With the Albertson's recommendation of denial by
the Planning and Zoning Board, it then went to the City
Commission and they followed the recommendation of the
Planning and Zoning Board and denied the site plan.
P&Z Staff Report
April 16, 1990 t<�
g
Pa e 4 F
1.
There was then a petition filed in the court system and
before it came to trial there was a settlement made in
which the site plan - again - went to the Planning and
Zoning Board and many conditions were extracted. Also,
because it was tied up by a court order, or a court
settlement, there could be stipulations made that went
beyond what could be done with site plan which dealt with
hours of operation and the loading at Albertsons. In July
of 1988, the revised site plan was submitted and the
stipulations, that were put forward by the developer,
negotiated with the City Commission, and that site plan
with those stipulations became a part of the court order.
The property was quiet for awhile and then in May 1989,
Mr. Basehart appeared before the City Commission to seek
commercial plan designation for the office part again. In
November the Land Use Plan was back before the Planning
and Zoning Board the final public hearing on the adoption,
there was an amendment made to the Plan which allowed
Limited Commercial zoning to be consistent with the land
use designation of Transitional.
The action before the Board tonight is to decide whether
or not the zoning should be Limited Commercial, rather
than a Planned Office Center. He emphasized that even
though the site plan has been submitted for action next
month, issues could be raised regarding neighborhood
compatibility, noise, lighting, visual affects, etc. He
pointed out that the Board should identify these concerns
so that these issues would be addressed with the site plan
and affixed as conditions of approval of the site plan.
Mr. Kovacs highlighted some of the conditions which were
specified by the court order such as: there would be no
liquor sales by Albertsons; that there be a cut-off time
for delivery trucks for Albertsons between 10: 00 A.M. and
6 :00 P.M. ; that the center's hours of operation be at a
maximum of 6:00 A.M. to 11:00 P.M. seven days a week, with
the City Commission able to adjust the hours of 10: 00 P.M.
closing if 12 : 00 should become a problem. However, with
the City Commission being able to adjust the hours; he did
not foresee any problem.
P&Z Staff Report
April 16, 1990
Page 5 i / ,'
The Public Hearing was then declared opened. The
following individuals addressed the Board:
J.P. Martel, resident of Shadywoods, addressed the
members of the Board and presented them with a petition
containing 120 signatures.
Mr. Steve Rubin, President of the Shadywoods Homeowners
Association, informed the members of the Board that
after several meetings with the developer an agreement
was reached that addressed some of the concerns of the
Shadywoods residents. He informed the Board that the
Association's Board of Directors held a meeting at 5 :30
tonight, and by a vote of 6 to 1, rejected the final
proposal as it stands today regarding what the developer
could or would do for the Shadywoods residents. Some of
their concerns are: the difference between the intensity
of the use; POC versus LC, particularly the operating
hours of the center and the type of activity that will be
going on in a LC district, as opposed to a POC district.
Mr. Rubin expressed concern of additional traffic impacts
as the proposed extension of Germantown Road would be
directly opposite the entrance to the project. Another
concern of the residents of Shadywoods is the loading and
unloading of dumpsters and particularly the operation of
hours as compared to an office complex.
Mr. Rubin emphasized that the main concern of the
residents of Shadywoods is the history of the project
since 1985 and 1986 . He then read into the record a
quote made by the petitioner' s attorney which was
published in the PALM BEACH PLUS (POST) dated June, 1986
stating that there would not be a Walgreens or an
Albertsons or Publix but speciality shops and services
that the residents in that area could use. He concluded
that he felt that the developer should live up to his
promises .
Mr. Robert Fawn, pointed out that the residents of the
community made a mistake years ago by accepting the
developer's original promise of specialty shops or a
small office complex. The residents did not listen to
the Board's warning that a commercial designation would
permit an Albertsons; otherwise, they would never had
agreed to it. He stated that they had made a mistake
and now the residents have to take responsibility.
P&Z Staff Report
April 16, 1990 i, ,
Page 6
There being no one else to speak the Public Hearing was
declared closed and the Chairman turned to the Board for
comment and action.
Board Comments:
Mr. Schmidt: Inquired as to what changes there have
been in the lake that would prevent the construction of
the office building at the present time.
Mr. Basehart responded that there has not been much of any
change in the lake. The primary change has been, as part
of this approval, the requirement for putting an entrance
road link from Linton Boulevard and converse the site.
This has severely limited the ability for the site to be
designed for an office complex. He felt that was just a
minor factor and there were a lot of other reasons why the
property should not be developed as office - mainly
feasibility.
Mr. Schmidt: Then inquired as to the traffic impact of
the project which was his understanding that there would
be an increase of 2,076 trips a day. He asked if that
figure was above the POC zoning or new trips.
The Planning Director explained that this figure
represents new trips beyond the Phase I of the
Albertson' s Center and is not compared to the office
project. The number of trips for the office project is
820 daily. He pointed out that the amount of trips that
would be generated by the development of the east half
of the site as offices, versus the proposed plan, is
the difference of 820 trips more, rather than 2,000
trips more.
Mr. Schmidt: Asked the Agent if the same hours of
operation are proposed for the first phase as for the
other phases of development. Also, if he would be
agreeable to a closing time of 9 : 00 P.M.
Mr. Basehart responded that he could not agree to the
issue at this point but thought his client would certainly
take it under consideration. He pointed out that the
balance of the center has been committed to an 11: 00 P.M.
closing and in the event that operational complaints are
made by the neighborhood, or revisitation of the hours by
the City Commission, with a possible reduction of 10 :00,
was put in the original conditions of approval. He stated
that they would be willing to adhere to those same
conditions for the entire center as for the western
portion.
P&Z Staff Report f. F
April 16, 1990
Page 7
L1
Mr. Schmidt stated that he felt the City Commission has
"opened the door" by allowing LC, the
commercial/transitional designation. He stated that he
had a hard time finding justification turning this down
as a result of that. He had a problem with the POC
designation, as he did not see this site as being
developed, within ten years because there was a possibility
that the property would sit vacant. He did not feel that
POC zoning would support office use.
Mr. Klarer: Stated that he appreciated Mr. Schmidt' s
concerns but felt that the Board has a responsibility
to ensure that the uses are beneficial to the community
as a whole. He was very surprised at the high percentage
of increase in traffic. Mr. Klarer emphasized that the
developer had made a commitment, moved on it, stopped and
started again. Never moving on it in terms of doing
something, until he is finally ready to do something,
which is his best proposition, and it appears to validate
every commitment that he has made in the past. He
emphasized that these commitments were abusing the rules .
Mr. Parker: Warned the Board that they should not get
confused over the desires of one group and forget that
the property owner also has rights. Even though the
Board is sympathetic to the needs and concerns of the
community they should not neglect another
responsibility which is that the property owner has
invested a substantial amount of money and he should
have some liberty to attempt to use that in a manner
that would be profitable to him.
Mr. Purdo: Asked the Agent why a marketing analysis was
prepared even though it was not required.
Mr. Basehart responded that marketing analyses are
quite useful, if for nothing else than to document that
the proposal that one is attempting to have approved is
profitable. He felt that the boundaries and the analysis
of the competitive uses of the area was accurate and that
it reflected a justification as to what is being proposed.
He pointed out that the study was prepared a couple of
weeks prior to submittal, approximately two or three
months ago, and that he would be happy to provide copies
to the Board.
P&Z Staff Report
April 16, 1990 ( � :
Page 8 r ,�
L. 1.1
Mr. Purdo stated that he was concerned of an increase in
the intensity of use and asked if tractor trailers and
other vehicles would be brought to the site.
Mr. Basehart responded that because of the design of
this type of center there wouldn't be because of the
relatively small space of 25,000 sq. ft. which is the
maximum allowable space required for LC zoning. He pointed
out there would not semi-deliveries to the part that is
being requested for approval tonight. However, it was
obvious that Albertson' s would have but that has already
been approved and is under construction. He felt that the
migrating wall that is being offered would eliminate any
impact that the semi might create. In addition, with
hours of limitation and the delivery time that have been
agreed to that would be another factor. He pointed out
that a shopping center situation would have a more even
distribution of traffic throughout the day and would not
be entering and leaving trips at rush hour.
Mr. Purdo: Asked the Agent as to the changing
conditions that made the original rezoning necessary.
Mr. Basehart stated that several factors have already been
mentioned tonight; however, he felt that the major
reason, from a market feasibility point of view, the
justification for market space just isn't there. He
explained that it was not required to have a positive
market statement in order to justify the rezoning. He
pointed out that the property is already zoned for
commercial . The decision is between retail and commercial
activity. The conditions of approval are related to the
western portion of this property. He added that a factor
would be the requirement of placing the driveway to serve
the entire property, located at the east end of the site.
In the original plan there was to have been a full service
drive at what would have been the boundary between the
east and the west half.
In response to Mr. Purdo's question as to whether the
driveway was added after the office building was
approved, Mr. Basehart explained that it was
recommended by staff and adopted by the Commission that
there could not be full turning movements at this
location. What was required is essentially to make the
main entrance to the entire site be placed at the Military
Trail location as part of the last approval. Which means
that all the retail traffic from the western portion would
be traversing to what is now the office site for their
P&Z Staff Report
April 16, 1990 .:
Page 9 ) .{
full turning movements. The location of the east/west
access exits across the site makes it very difficult to
use the office site.
Ms . Coopersmith: Was adamantly opposed to additional
commercial development in that area. She was very
sympathetic to the community and stated that she could not
support LC zoning as she preferred POC.
Mr. Schneider: Felt that residential transitional
designation would be more appropriate than a commercial
zone. However, he would consider either LC or POC as
possible zoning.
Chairman Bridges: Stated that he did not see any need
for additional retail space. He felt that the anything
built west of town should compliment the downtown area and
emphasized that the Board has repeatedly expressed its
concern of outparcels.
Mr. Basehart: Responded that the amount of land that
was dedicated to buffer the main lake from the east
property line was activity area from the center. That
the original 75 ' with the lake meandering in and out of
it, was one of the requirements of the South Florida Water
Management District. The agreement was the water area had
to grow in order to accommodate the current drainage
standards .
The Chairman asked the Planning Director if both zoning
districts were compatible with the Comprehensive Plan?
Mr. Kovacs stated that the LC and POC zones were both
compatible with the Plan.
It was then moved by Ms. Coopersmith, seconded by Mr.
Schneider and passed 6-1 (Parker dissenting) to forward
a recommendation of denial based upon a finding that
the LC District will accommodate usage which is more
intensive than that allowed by POC zoning in terms of
usage extending into evening hours, an overall increase
in average daily traffic (ADT) , and a greater range of
uses some of which may be inappropriate in proximity to
the existing residential area to the east.
P&Z Staff Report
April 16, 1990
Page 10
•
B. Conditional Use, Personal Growth, Inc. (Group Home) with
Attendant Site Plan at the Southeast Corner of N.E. 2nd
Avenue and N.E. 4th Street:
Mr. Kovacs introduced the item to the Board through a
review of the staff report. The property is located at
the northeast corner of N.E. 2nd Avenue and N.E. 4th
Street. He pointed out that a Group Home III has a maximum
of 20 permitted residents . This facility will house female
residents only and may or may not provide education or
training. The residents require mainly personal care,
shelter and other support services; however, strict 24
hour supervision is not required.
It was pointed out by the Director that staff ' s analysis
is to look at the proposed use with respect to its
existing use. The potential use of the building under its
present condition and that which it would be under the
Group Home conditions. 1) because of the limitation of
use and also because of the restrictions being licensed
under HRS strict standards. There will be less intensity
than with the current use; 2) by going through the
conditional use process there will be an upgrading of the
site; and 3) that if the site were to ceased as an
apartment, becomes a group facility in perhaps 3 or 4
years ceased as a group facility, then return the use as
an apartment will require further upgrade of the property
to meet code requirements.
It was pointed out by the Planning Director that the
property is located within the Del Ida Historic District
and as such, is subject to obtaining a Certificate of
Appropriateness . The COA is normally obtained prior to
action by the Planning and Zoning Board; however, it was
not possible for the Historic Preservation Board meet
prior to the Planning and Zoning Board meeting, thus
action on the COA has not occurred. Such an action must
occur prior to consideration by the City Commission. If
the COA is denied, the Historic Preservation Board's
action may be appealed to the City Commission. Mr. Kovacs
informed the Board that the Community Redevelopment Agency
supports the proposal.
Mr. William Maher, Attorney, representing the Center for
Personal Growth, Inc. , explained that the proposal is for
the intermediate care for drug and alcohol rehabilitation
facility for 18 residents. He stated that his client has
no objections to the list of conditions with the exception
of two conditions. 1) would like to explore the
possibility of moving the building down the street; and,
P&Z Staff Report
April 16, 1990
Page 11 ' 1
�. /
2) if it would be possible to alter the stairwell for any
handicapped resident. He felt it will be less intense a
use versus an apartment use, plus there will be less of a
traffic impact. Mr. Meyer invited the members of the
Board to visit the Center' s other facility which is
located at S.W. 20th Court and Congress Avenue.
Mr. Maher then read a letter into the record from the
Treasurer of the Gulfview Condominium Association in
support of the proposal.
Dr. Frank Lavetky, National Institute of Drug Abuse,
explained that the program for the facility is described
as a medium facility for a period of approximately 20 to
30 days for the detoxification from all chemicals, as well
as the stabilization of the emotional and spiritual well
being of its residents . The women will be expected to
help in the maintenance of the facility and are expected
to seek employment prior to leaving the facility.
The Chairman then declared the Public Hearing opened.
The following individuals addressed the Board:
Ms. Mary Lou Jamison, President of the Del Ida Park
Homeowner' s Association, was strongly opposed to the
conditional use change for the following reasons : should
remain residential - the residents of the area felt that
the proposal does not comply with the atmosphere that the
Del Ida Park wants to preserve; incompatible with the
neighborhood; felt that the facility is not suitable for
the amount of residents that will be living there; that
the staff is not adequate; and also that there will not be
24 hour supervision; will reduce property values; and
that the project could possibly stop any future
development on the large parcel of land abutting this
property to the north.
Purdo, Coopersmith and Bridges felt that the location is
inappropriate because it is in a special redevelopment
area (Pineapple Grove District) .
After discussion, it was the consensus of the Board to add
a condition that the permitted residents be female only.
P&Z Staff Report
April 16, 1990 r� r
Page 12 I
! L1_.,
It was then moved by Mr. Schneider, seconded by Mr.
Parker and passed 4-3 (Klarer, Schmidt, Parker and
Schneider voting for approval. Purdo, Coopersmith and
Bridges dissenting) to recommend to the City Commission
approval of the Conditional Use request based upon a
finding that in accordance with Policy A-6 .2 of the
Housing Element the use of the site in such a manner will
aid in the stablization of the area and upon a finding of
general compliance with the Standards for Evaluating a
Conditional Use request as set forth in Section
173 . 848(B) , subject to the following conditions :
1. That, in a manner approved by the City Attorney,
reservation (offer of dedication) of five foot (5 ' )
of right-of-way along N.E. 4th Street be provided
with the stipulation that when the dedication is
consummated, the property owner must remove any
portion of the accessory building which encroaches
upon the dedicated area - at his expense.
2 . That the only access from the site onto adjacent
streets be via the driveway from the parking area to
N.E. 4th Street and any other existing points of
access be physically restricted from such use.
3 . That a sidewalk be installed along N.E. Street in a
manner acceptable to the City Engineer.
4 . That either a Unity of Title or a replat (combining
existing lots into a single parcel) be provided.
5 . That a revised site plan and revised landscaping plan
be provided in response to the technical review
comments provided by staff.
6 . That this approval is limited to the conditional use
aspect of the request and associated upgrading as
proposed by the applicant and is not meant to void or
waive compliance with HRS licensing standards, City
standards pertaining to Group Homes, or to compliance
with Building Code and Utility standards .
7 . That the permitted residents be female only.
P&Z Staff Report
April 16, 1990
Page 13
p 1/
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C. Conditional Use, Little Lee Christian Academy (Day Care)
with Attendant Site Plan at 206 S.W. 13th Avenue:
Mr. Dorling introduced the item to the Board.
Mr. Reginald Harris, Agent, was present and stated that
his client has no objections to the list of conditions as
outlined in the staff report.
The Public Hearing was then declared opened. There
being no one who wished to speak the Public Hearing was
declared closed.
It was then moved by Mr. Schneider, seconded by Mr. Klarer
and passed 6-0 to recommend approval subject to the
following conditions:
1. Provide drainage plans prepared by a registered
Engineer.
2 . Provide cost estimates for the fire hydrant
installation.
3. Revise the site plan to accommodate the following:
a. Show the sidewalk extending through the
driveways .
4 . Provide a Unity of Title.
5. Provide conceptual water and sewer plans which shows
the following:
a. A 2" water service line which is to be extended
down the 16 ' alley.
b. Location of the grease trap and the connection
from the dumpster sewer drain.
c. Location of the backflow preventer.
d. Location of clean out.
P&Z Staff Report
April 16, 1990
Page 14
Mr. Bridges stepped down from the Board for the following item.
Vice Chairman Schmidt then presided over the chair.
D. Conditional Use, Gasoline Station (S.E. 9th Street
Associates) and Other Uses (Block Between S.E. 9th and
10th Streets and the Federal Highway Pairs - Former
Nissan Dealership Site) :
Mr. Paul Dorling introduced the item to the Board and
pointed out that it has been indicated that the existing
sewer service is on the site but relocation will be
requested per the conceptual plan that is submitted for
the project.
Mr. Mark Marsh, Agent, stated that he wished to address
several issues that were brought up at the Board's last
workshop meeting such as: some concerns that this
facility was not appropriate for this location; that the
heavy traffic flow, along with commercial along the
highway, makes this location very appropriate. He felt
that this facility would actually reduce auto related uses
by two thirds . In regard to the traffic impact, Mr. Marsh
stated that there will be a left turn lane into the
property and that the petition intends to exceed the
landscaping requirements so that the proposal will be
aesthetically pleasing on a major corridor into the City.
Vice-Chairman Schmidt declared the Public Hearing opened.
There being no one who wished to speak the Public Hearing
was closed and the Chair then turned to the Board for
comment and action.
Ms . Coopersmith emphasized that she did not want to see
any auto related use associated with this facility nor did
she want to see bright neon lighting. She then inquired
as to ingress/egress onto the site.
Mr. Marsh responded that there will be a second entrance
onto the site. One entrance will be on the northbound
Federal and the other will be located on the southbound
Federal, with another entrance on S.W. 10th. ,
Mr. Schneider did not object to the SC zoning; however, he
did not want to see a car wash at this location.
Mr. Schmidt stated that at least one multiple story
building was in the general location of this facility and
did not want to see any source of lighting visible to the
residential areas.
P&Z Staff Report
April 16, 1990
Page 15
--
It was then moved by Mr. Purdo, seconded by Mr. Parker and
passed 5-1 (Schneider dissenting) to recommend approval of
the Conditional Use request based on positive findings
with respect to the Ten Standards for Evaluating
conditional Uses. The positive findings are made subject
to compliance with comments relating to utility
improvements and traffic concerns.
E. Conditional Use, Tutor Time Child Care, with Attendant
Site Plan, at 3434 Lake Ida Road:
Mr. Dorling introduced the item to the Board and pointed
out that the Agent has provided staff with information
regarding the different programs that will be provided by
the center and has also provided a parking layout. He
pointed out that concerns have been addressed with respect
to buffering. Staff has some concern with certain
portions of the proposed programs, particularly to clarify
the "holiday children" ; and the support functions such as
the Karate school also need to be addressed.
Mr. Roger Saberson, Agent, explained that the holiday
children may exceed the limit for the maximum children
allowed of 174 . In regard to the Karate, dance and music
studio type of use, Mr. Saberson stated that he would like
the option of adding these to the list of permitted uses;
however, not for the portion which has been dedicated for
the child care facility but could be allowed at other
portions of the site.
Mr. Michael Weisman, representing Tutor Time, pointed out
that at no time is the center allowed to exceed the limit
of 174 children, no matter what age group, at any one
time. It is anticipated that the after-school care
program and/or the holiday program will only come into
effect for those children requiring care after 12 :30 or
3: 30 P.M. He stated that approximately 20% to 25% of the
facility's enrollment will be children who will be
attending only on a part-time basis a couple of days a
week.
Mr. Schmidt declared the Public Hearing opened. There
being no one who wished to speak the Public Hearing was
closed and the Chair turned to the Board for comment and
action.
Mr. Klarer expressed concern of children six years of age
or older attending a facility next to a convenience store
that sells alcohol beverages.
P&Z Staff Report
April 16, 1990
Page 16 . .
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C.,!..,„,' ,, N
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L-"'
Mr. Weisman stated that he understood the Board's concern;
however, he has over two million dollars of liability
insurance. He emphasized that he is the owner of the
shopping center and will have total control over the
situation.
It was suggested by Mr. Schmidt that the wall should be
one level .
The Planning Director pointed out that approximately two
months ago the Board wished to process this application
for SAD zoning, which was against his objection. And now
staff has been working with the applicant to accommodate
SAD zoning. He emphasized that the Board should have
rejected SAD the first time.
After lengthy discussion, it was the consensus of the
Board to add a fourth condition that the dedication be
provided as a boundary plat.
It was then moved by Mr. Purdo, seconded by Mr. Parker and
passed 4-2 (Klarer and Coopersmith dissenting) to
recommend approval of the Conditional Use and Site Plan
request upon positive findings pursuant to Section 173 .848
"standards for Evaluating Conditional Uses" and Section
173 . 867 "Standards for Evaluating Site and Development
Plan Applications" subject to conditions ( 1) thru (3) as
outlined in the Staff Report and subject to a (4)
condition that dedication be provided with a boundary
plat.
Mr. Bridges stepped back to the Board.
IV. LAND USE ITEMS:
A. Site Plan, Heritage Manor Multi-Family Structure at the
Southeast Corner of Miramar and Venetian Drives:
Mr. Dorling introduced the item to the members of the
Board.
Mr. Timothy Mann, Agent, was present for this petition.
Mr. Elizabeth Matthews, 1024 White Drive, expressed
concern that the proposed two-story building would not be
compatible with the single story homes that are adjacent
to the property.
Mr. Douglas Brown, 123 Venetian Drive, agreed with
comments made by Ms. Matthews.
P&Z Staff Report
April 16, 1990 ; , t
Page 17 : fL
`"''"1, if)l�' iiY�
Mr. Seedorff stated that he objected to the height of the
proposed structure as it would block the visibility of his
residence.
Even though he thought the building was attractive, Mr.
Purdo did not think the two-story building was not
appropriate at that location as it was not compatible with
the single family homes in the area. He suggested that
the units should be spread out, even though it meant
losing green space.
Mr. Kovacs stated that years ago this particular site was
purchased for the location of a ranch style fire station.
He pointed out that the rezoning of the property in 1988,
was a very emotional meeting because residents of the
community adamantly opposed. There was even a petition
signed by many people who condemned the Planning and
Zoning Board because they preferred a 15 unit, multiple
family structure.
A motion for approval was made by Mr. Parker and seconded
by Mr. Schmidt but failed to pass by a vote of 1-6 .
Upon further discussion, it was then moved by Mr. Schmidt,
seconded by Klarer and passed by a vote of 6-1 (Parker
dissenting) to recommend denial based upon the finding
that the project is incompatible with adjacent land use
and being out of scale with the character of the area in
terms of height and intensity.
B. Site Plan Modification, Linton Lakes II (Southwest
Corner of Congress and Linton) :
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report.
Mr. Craig Unger, Agent, was present for this petition and
stated that he had no objections to the list of
conditions .
There being no discussion on this item, it was then moved
by Mr. Schneider, seconded by Mr. Klarer and passed 5-0
(Schmidt and Coopersmith no present for the vote) to
approve the minor site plan modification based on positive
findings pursuant to Section 173.848 of the "Ten Standards
for Evaluating Site Development Plans" subject to the
following conditions :
1 . Submittal of a plat incorporating changes to both
Phase I and Phase II .
P&Z Staff Report
April 16, 1990 {J�r ), it) ,-.1
Page 18 I :; f t '
V L
2 . Revision of the landscape plan providing additional
landscape material at the southeast corner of Phase
II .
3 . Provide revised water and sewer plans relocating one
fire hydrant and sewer lateral clean outs .
C. Final Plat, Oceancrest Townhomes, South Ocean
Boulevard:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He pointed out that the plat
now conforms with the site plan. Also, that the
petitioner has resolved issues in regard to the concerns
of the surrounding property owners .
It was then moved by Mr. Klarer, seconded by Ms.
Coopersmith and passed 7-0 to certify the Final Plat as
consistent with the preliminary plat and recommend
approval to the City Commission subject to compliance with
the following conditions prior to consideration by the
City Commission:
1. Receipt of HRS permits and FDOT permit.
2 . Verification of abandonment of existing vehicular and
pedestrian easements for Bermuda High West.
3 . Provide a copy of the easement agreement between
Bermuda High West and Ocean Crest, Inc. which is
referenced in the dedication statement.
V. PLANNING AND IMPLEMENTATION ITEMS:
A. Determination of Similarity of Use: Cosmetology Salon
as a Permitted Use in the Residential Office RO Zone
District:
Mr. Kovacs introduced the item through a review of the
Staff Report. He pointed out that the Historic
Preservation Board reviewed the proposal. It was the
Board' s finding that once the Historic Arts District is in
place, this type of use will be allowed in the District as
a permitted use.
P&Z Staff Report
April 16, 1990
Page 19 ' z.
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It was then moved by Mr. Schneider, seconded by Ms.
Coopersmith and passed 5-2 (Bridges and Schmidt
dissenting) to find that the use of "Cosmetology Salon" is
similar to "Business Offices" , thus allowing the use as a
permitted use in the RO Zone District.
B. Review of Items Submitted for May Consideration:
The Board Members and the Planning Director made a quick
review of items that are submitted for action at the
Board' s Regular Meeting in May.
C. Review of Proposed Plan Amendment #1:
The Planning Director informed the Board that there will
be a special meeting to be held on May 7th at 7 : 00 P.M.
D. Schedule of Special Meetings Regarding Plan Amendment
and Local Development Regulations:
Mr. Kovacs informed the Board that there will be
approximately 22 amendments and suggested that the Board
wait until the May 7th meeting to determine the dates for
the LDR meetings. However, after discussion, it was the
consensus of the Board to hold a Special Workshop on the
LDRs on Thursday, May 24th.
VI . REPORTS AND COMMENTS:
A. Board Members
There were no reports nor comments by Board Members .
B. Staff
The Planning Director reminded the Board that the regular
workshop meeting will be held on May llth at 8 :00 A.M. .
P&Z Staff Report
April 16, 1990 , ,,
Page 20 r vfi
1
The meeting was adjourned at 11:00 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting of
said body for April 16, 1990, which were formally adopted and
approved by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as indicated
above, then this means that these are not the official Minutes .
They will become so after review and approval, which may involve
some changes.
pT
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,
MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH, FLORIDA
SPECIAL PUBLIC HEARING
MEETING DATE: MAY 7 , 1990
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I . CALL TO ORDER:
The meeting was called to order by Chairman Bridges at 7 : 00
P.M. Upon roll call it was determined that a quorum was
present.
Members Present: Chairman Bridges, Coopersmith, Klarer,
Parker, Purdo, Schmidt, Schneider
Staff Present: David J. Kovacs, Stan Weedon,
Celeste McDonough
II . PUBLIC HEARING:
A. Consideration of Amendment #1 to the Comprehensive Plan:
The Planning Director gave the following explanation of
the review process and how the First Amendment to the
Comprehensive Plan is closely associated with the annual
budget review process and annual goal setting.
At the end of each fiscal year (October 1st) City staff
reviews the budget as to the implementation of the Plan
and what changes are to be made during the upcoming year.
Then the Planning and Zoning Board, as the Local Planning
Agency, looks at the growth of the City, reviews the Plan
during a few sessions and then makes any adjustments by
holding a public hearing in February or March of each
year. The Planning and Zoning Board then forwards a
recommendation to the City Commission.
This particular year the City is behind schedule to amend
the Plan and had to play "catch-up" . Since the Planning
and Zoning Board was involved as the Local Planning
Agency, staff asked if any citizens would like to
participate in a special Task Team to go through the Plan
and see if any policies should be modified or set aside.
Also, to review projects or activities that were
identified in the Plan and make recommendations as to
whatever should be dropped, moved forward a year or two,
or possibly left as they were or postponed to a future
year.
P&Z Board Minutes
May 7, 1990
Page 2
He pointed out a few examples under the administrative
needs of the Public Utilities Element and explained that
since the public utilities operations are now scattered in
two locations, the City intends to consolidate them into
one facility just north of City Hall. Another significant
change is the deletion of the LC Limited Commercial from
the list of zoning districts .
The Planning Director informed the Board that the
background material was printed on different colored paper
for easy referencing while reviewing the Plan. The CHANGES
TO OBJECTIVES AND POLICIES (blue background) is the work
of the special citizen Task Teams . Changes to Part IV of
the Plan are to the FIVE YEAR SCHEDULE OF IMPROVEMENTS
sdection. He stated that now that the bond issue has been
passed, staff needs to go back into the Plan and rewrite
the text of that chapter to say that the bond has been
passed. Projects are identified and the status of where
they are in the process. Also, revised numbers regarding
the water and sewer project and revisions to the Five Year
Schedule have to occur to reprogram the monies . There are
not any significant ones, except for the Old School Square
project. He emphasized that most of the projects are
falling behind a year.
Section V, CHANGES TO THE FUTURE LAND USE MAP, deals with
how to monitor the Plan and how this would be accomplished
within the fiscal year. Mr. Kovacs informed the Board and
those present in the audience that while staff worked on
the Land Development Regulations to check the proposed
zoning with the Land Use Plan, it was discovered that in
some places, the proposed zoning was not consistent with
the Plan. The reason why these were not consistent was
that the Plan was incorrect. He pointed out the following
examples :
- Pines West which had been shown as low density and
should have been medium density.
Two other changes are in regard to school projects;
one is removing the designation of the school site
from Davis Road site and the relocation to Barwick
Road.
- During the preparation of the Future Land Use Map, a
parcel of land on Lake Ida Road ( Item #19 ) entrance
into the Forest Lake Subdivision was thought to have
been an outparcel/open space of that subdivision and
it may had been the intention at some time; however,
it is in fact, a developable lot.
•
P&Z Board Minutes
May 7 , 1990
Page 3 f '
IL
v 'k1
There is a possible location of an elementary school
between I-95 and Military Trail (south of Linton
Boulevard, in the vicinity of the Bloods ' property) .
It was pointed out that there are different components of
the Plan that need to be kept up to date. There are more
changes that need to be made this year; however, the need
for changes will diminish in the next few years .
At this point, Chairman Bridges arrived at the meeting.
The Planning Director stated that there are additional
items that the Director of Parks and Recreation brought up
at a department head budget report meeting. Some items
were not included in the Plan for this year and were not
included in the privatization process; however, there is
a statement outlying additional needs and funding to be
included in the Five Year Schedule of Capital
Improvements. Of course, these items will be given a
higher priority for next year' s amendment.
Approximately $50,000 was set aside for the irrigation
system which can be funded as a departmental capital
improvement as opposed to the Five Year Schedule Program.
The computerization of irrigation systems is also
identified as an additional need.
At this point Mr. Kovacs publicly expressed gratitude to
the approximately twelve citizens that worked on the
special Task Team for their service to the City.
The Public Hearing was then declared open by the Chairman.
There being no one who wished to speak the Public Hearing
was declared closed and the Chairman turned to the Board
for comment.
Mr. Purdo inquired as to how and who identifies the needs
that exist in the City and how these needs eventually get
into the Plan.
Mr. Kovacs responded that each of the department heads
submit their budget items and a committee consisting of
the City Manager, the Finance Director and the Planning
Director, review each department' s proposal for the fiscal
year. It is then the responsibility of the Planning
Director to check to see if the requests are consistent
with the Comprehensive Plan. If they are found to be
inconsistent with the Plan and are items over $100,000,
then the only way for them to go forward is to actually be
in the Plan.
•
P&Z Board Minutes
May 7, 19903
Page 4 t r � i t
41 f l r r
'arch
At this point the Director asked the Board to focus their
attention on the background information which was provided
on blue paper, CHANGES TO OBJECTIVES AND POLICIES. He
then highlighted items of significance as follows :
- the continued deferral of one year of the beach
transit system;
- the deletion of the scuba park in its totality;
- the publishing of a monthly newsletter by the
Department of Management Services which should not be
included as a mandated activity;
- that the pursuit of redevelopment areas and the
housing program did not get the allocation for this
year' s budget; therefore will be deferred;
- the addition of the word "Possible" in Policy C-3.5
( "Possible" relocation of the tennis courts) ; and,
the deletion from the Land Use Element which deals
with the City and the Community Redevelopment
Agency' s FY 90/91 to develop a strategy for a
moderately sized convention center and civic center.
Chairman Bridges then took a moment to personally thank
the Task Team and stated that the Board felt that they did
an admirable job with the tedious review and of the many
hours they had spent at meetings .
Upon question by Mr. Purdo, regarding the expansion of
Lake Ida Road, Mr. Kovacs informed the Board that it is
presently under survey now and into the early aspects of
design but it is anticipated for expansion in October of
1993.
Part IV: THE FIVE YEAR SCHEDULE OF IMPROVEMENTS (white
background) :
Mr. Kovacs explained that these changes were necessary in
order to get the Plan updated; also, included in this
element is the "Decade of Excellence" which was passed in
November, 1990 . The money from the GO Bond should be
available in approximately three to four months . He then
highlighted the following:
monies for the relocation of the Central Fire Station
was allocated for next year. Now the money has been
broken down; $50,000 for the preliminary site
selection work, next year $325,000 would start the
construction and bid process and in FY 91/92 the
actual construction would begin;
P&Z Board Minutes
May 7, 1990 da r
Page 5
. u;
- in order to make substantial savings, the Fire Chief
requested that all the equipment be purchased early
and in bulk;
that the beautification project for Swinton Avenue be
accelerated;
- that the Phase II project for Old School Square be
moved up; however, there has been no determined
amount at the present time with the possibility of
some changes in September;
- that there were projects added under the Water and
Sewer Fund such as the Odor Control project which was
not previously in the Plan because it is considered a
regional project;
the Master Lift Station project went from $850,000 to
1.5 million. One of the reasons for the increase in
cost is to have a below ground facility with the
building at ground level. This is to be built at
Veterans Park.
the plant conversion to lime has to be
accelerated; also, an ozone treatment has been
identified. It was explained that there is a series
of studies being done at the present time that deal
with water supply and a reverse osmosis for the
western wellfield and an additional treatment method.
These reports will take at least three to four months
before they appear before the Planning and Zoning
Board.
There was no public comment on the objections and policies
issue at this particular time.
Section V: PROCEDURES FOR MONITORING AND EVALUATION OF
THE PLAN (yellow) :
Mr. Kovacs stated that this portion of the amendment will
continue to be revised throughout the amendment process .
There were no comments from Board Members nor public
comment.
P&Z Board Minutes
May 7, 1990 .
Page 6 ea ; i z .
;7-7
Part V: CHANGES TO THE FUTURE LAND USE MAP (pink) :
Mr. Kovacs noted that in addition to some changes already
outlined in the material presented there are additional.
changes that are in an area east of the Intracoastal .
There are some residential zoned properties that were
marked as commercial and some commercial zoned properties
that were marked residential.
Although the bulk of the changes, the first 18 of them)
are identified in the report, Mr. Kovacs highlighted the
following items that were considered significant:
- a new site for the existing middle school; and
- an additional site for an elementary school which is
proposed south of Linton Boulevard.
At this point, the floor was opened for questions .
Mr. Kovacs informed the Board that Ms. Jean Beer had
expressed concern relative to changing some residential
lots as shown on the Land Use Plan to commercial (Item
#18) . He explained these are supposed to be lots that are
already zoned commercial and emphasized that this change
would not create any additional land.
Mr. Dave Nathanson pointed out three typos that were
contained in the CHANGES TO OBJECTIVES AND POLICIES (blue
paper) . These are as follows : Page 2, paragraphs 4 & 5,
change the name "Week" to "Weeks" and Page 6, under Policy
A-2 .4, change "forth" to "fourth" .
Ms . Alice Finst asked for clarification regarding the-
right-of-way on Lowson Boulevard ( Item #23) .
The Planning Director responded that the Open Space
designation be removed between Lowson Boulevard and Linton
Boulevard and the right-of-way north of Lowson remains as
Open Space.
In regard to Item #19, Ms . Finst wanted assurance that the
zoning on the parcel stays low density residential.
P&Z Board Minutes
May 7, 1990
Page 7 ( y;
:;4 !14f ! 70 J� }i
u:t
It was moved by Mr. Schmidt, seconded by Mr. Schneider and passed
7-0 to forward the proposed amendment with a recommendation of
approval along with the following modifications :
the correction of three typos in Part II as stated above;
- moving the Tennis Center project from FY 89/90 to FY
90/91 in the Five Year Schedule of Improvements;
- Item #23 - do not change the designation above Lowson
Boulevard (Dover Road right-of-way was shown as Open Space
for its entire length and south of Lowson Boulevard it is
a functioning street) .
The Board also questioned the proposed level of expenditure
($200,000) for hurricane shutters at City Hall. While supportive of
the need, they felt the cost was extreme and that the cost should be
well documented during the budget preparation and review process.
The meeting was adjourned at 9 : 10 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting of
said body for May 7, 1990, which were formally adopted and approved
by the Board on
Celeste McDonough
If the Minutes that you have received are not completed as indicated
above, then this means that these are not the official Minutes.
They will become so after review and approval, which may involve
some changes .
REF/CM#8/AMEND1 .TXT
MINUTES OF THE PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH, FLORIDA
PUBLIC HEARING/REGULAR MEETING (RESCHEDULED)
MEETING DATE: MAY 31, 1990
LOCATION: CITY COMMISSION CHAMBERS
100 N.W. 1ST AVENUE, DELRAY BEACH, FLORIDA
I . CALL TO ORDER:
The meeting was called to order by Chairman Bridges at 7 : 00
P.M. Upon roll call it was determined that a quorum was
present.
Members Present: Chairman Bridges, Coopersmith, Klarer,
Parker, Purdo, Schmidt, Schneider
Staff Present: David Kovacs, Paul Dorling, Jeff Costello,
Janet Meeks, Celeste McDonough
II . CONSIDERATION OF MINUTES:
The Approval of Minutes was deferred to a subsequent meeting.
III . PUBLIC HEARINGS
Mr. Bridges stepped down from the Board for the following item.
A. Conditional Use, Bayside Manor, A.C.L.F. with Attendant
Site Plan at 244 Venetian Drive:
Mr. Kovacs introduced the item to the Board through a
review of the staff report. The following items were
emphasized:
That there are two items that have been brought to
staff 's attention but was not included in the Staff
Report. These items are as follows :
- on the site plan there is approximately 6 ' of
building that extends over the current property
line. In the original submission, it was
indicated that the 6 ' would be eliminated from
the building in the interior remodeling. The
applicant wishes to retain the 6 ' and get the
land instead, once that is done, the site plan
can be amended.
P&Z Board Minutes
May 31, 1990
Page 2
a letter dated May 23rd was received requesting
to waive the sidewalk requirement between the
off-site parking lot and the main site. There
are no exhibits available that physically show
the sidewalks and vegetation; however, staff
will obtain the exhibits prior to the request
being forward to the City Commission.
The Public Hearing was declared opened. There being no
one who wished to speak the Chairman then closed the
Public Hearing.
Mr. Mark Marsh, Agent, requested that the Board consider
waiving the requirement to provide a fire hydrant in front
of the property.
After discussion, it was the consensus of the Board to
delete the requirement to provide a fire hydrant in front
of the property and to delete condition (5) in its
entirety.
It was then moved by Mr. Schneider, seconded by Mr. Klarer
and passed 6-0 to recommend approval of the development
proposal upon positive findings with respect to the
Section 173 .848 (Standard for evaluating Conditional Use
requests) and Section 173 . 867 (Standards for evaluating
Site and Development Plan Applications) subject to
conditions:
1 . Submittal of water and sewer plans providing the
following:
- Location of the backflow preventer.
- Indicating the size of the water meter,
upgrading may be required.
Show sewer lateral entering the sewer main at a
manhole or provide for the installation of a
monitoring manhole in the sewer lateral.
2 . Provide perimeter elevations both proposed and
existing on the same plan. Provide existing
elevations 50 ' off-site.
P&Z Board Minutes
May 31, 1990
Page 3
3 . Provide revised paving and drainage plans showing the
following:
- Pavement markings i.e. stop bars, etc.
Showing sidewalk to be installed from the
off-site parking area to the building site. The
sidewalk must be shown extending thru the
driveways.
4 . Provide Unity of Title between Lots 1, 2 and a
portion of Lots 4 and 5.
Mr. Bridges then returned to the Board.
IV. LAND USE ITEMS:
Mr. Schmidt stepped down from the Board for the following item.
A. Site Plan, Delray Town Center, Phase II, on the North Side
of Linton Boulevard Between the Proposed Albertson's Site
and Shadywoods:
Mr. Kovacs introduced the item through a review of the
Staff Report and brought the Board members up-to-date
regarding the projects long and controversial history.
The last time the item appeared before the Board was at
the April 16th regular meeting. At that public hearing
the request was denied for the requested zoning change to
Limited Commercial (LC) and then forwarded to the City
Commission. At a meeting on April 24th, the City
Commission moved for the adoption of the rezoning
ordinance.
The Planning Director highlighted items that were
documented in private agreements between the developer and
the Shadywoods development; such as: the hours of
operation, screening, fencing and the utilization of
water. He pointed out that some of the items are the same
as those which the City staff reviews. The agreements do
have a provision whereby if anything that is in the
private agreement violates the City' s Code, then the
City's Code will prevail.
P&Z Board Minutes
May 31, 1990
Page 4
The members of the Board, the Agent and the Director then
reviewed significant items of the site that staff has
identified. These items are as follows :
the perimeter landscape strip along the west property
line:
The Planning Director stated that Phase I was not
being built exactly as on the site plan. There was
plenty of landscaping on the west but none on the
east.
the method of accommodating the parking situation on
Phase II with respect to use of a Unity of Title,
which in effect reduces the parking requirement:
The Planning Director stated that the easiest
solution to each of the above issues is to remove the
bank as an outparcel.
Mr. Bob Basehart, Agent, suggested that landscaping be
installed 5 ' on the east side of the property line. He
stated that the architecture of Phase II will be identical
as Phase I . Also, that both phases reflect unified
access, circulation of buildings so that the entire 20
acres functions as a common site. Further, that both
share utilities and share access points . Mr. Basehart
felt that the outbuilding visually enhances the site.
At this point the Planning Director, the Agent and the
Board Members reviewed the conditions of approval and made
the following comments:
A. That the bank outbuilding be eliminated
(to be discussed later)
B. That a five foot (minimum) perimeter landscape strip
along the west property line adjacent to the
entranceway be provided.
(all parties agreed)
P&Z Board Minutes
May 31, 1990
Page 5
C. That the landscape strip adjacent along the north
perimeter be increased to a minimum of 6 ' X 6" inches
to accommodate the buffer treatment as proposed.
The Director explained that the proposed tree line
located on the east side of the center did not divide
the property; therefore, staff suggested widening on
the east side of the wall. The agreement was reached
with Lakeview in that trees are to be planted on the
north side of the wall (or outside the wall) . With
that being the situation, there will be no need to
plant trees on the east side. Mr. Kovacs recommended
that this item be deleted.
D. That the hours of operation be limited to specific
hours with opening no earlier than 6 : 00 a.m. and
closing no later than 11:00 p.m. , seven days a week;
with the caveat that the City will have the right to
reduce the hours of operation any time in the future
upon the City' s sole determination of conditions that
warrant the earlier closing time, subject to the
right of the owner/developer to endeavor to address
those concerns before final action is taken.
The Planning Director stated that the hours of
operation are outlined in the private restrictions.
He felt that by having two separate standards, that
this item be deleted because the private agreement is
more specific.
E. With the elimination of the bank outbuilding, that
additional parking be provided to accommodate all
parking requirements within Phase II be provided.
F. Either replat Parcel II or modify approved plat
depicting new easements and the provisions of
cross-access rights. With the plat submittal final
engineering plans for the Phase must be provided.
G. That a revised site and landscape plan be provided
accommodating the items noted under the Technical
Review section of the Staff Report.
The Planning Director explained that two items deal with
landscaping relative to a proposed 6 ' chain link fence
south of the lake. He explained that the first 30 ' of the
property is the special setback requirement. Secondly,
open space areas should be kept clear.
Regarding the decorative wall, Mr. Kovacs felt that this
issue should be left to the discretion of the Shadywoods
development.
P&Z Board Minutes
May 31, 1990
Page 6
The Chairman then declared the Public Hearing opened. The
following individuals addressed the Board.
Mr. Steve Rubin, President of Shadywoods Homeowners '
Association, felt that the chain-link fence would be fine for
security reasons; however, he personally preferred an
alternative. He stated that should the Board want an
alternative to the chain-link fence he would have to get
authority from the Association's Board of Directors . He
preferred that the 8 ' wall taper down to 5 ' instead of 3 ' at
the entranceway.
There being no one else who wished to speak, the Chairman
closed the Public Hearing and turned to the Board for comment
and action.
Mr. Purdo: Felt that he could not support the fence and the
wall concept because he preferred to go by the City's
regulations and not through a private agreement between two
parties; also, that he was adamantly opposed to the outparcel.
Ms . Coopersmith: Expressed concern of the possibility that
should the shopping center be taken over by another company,
would the future owners adhere to the private agreement. She
felt the outparcel was not aesthetically acceptable and that
the Planning and Zoning Board has made a clear statement that
it was adamantly opposed to outparcels.
Mr. Parker: Agreed with comments made by Mr. Purdo regarding
the City' s code versus any private agreements .
Mr. Parker: Suggested that the radius of the driveway be
adjusted and if so, how would it affect the feasibility of the
outparcel .
The Planning Director responded that it would not made a great
difference.
Mr. Schneider: Inquired as to the hours of operation.
The Planning Director explained that should the site function
as a unified site then the Court stipulation outlines the hours
of operation. He stated that the hours of operation are 6 :00
to 11 : 00 with the potential to reduce if the City Commission so
desired.
Mr. Schneider suggested that the difference in the landscaping
at the central entranceway should be adjusted to be of equal
dimensions .
P&Z Board Minutes
May 31, 1990
Page 7
The Board failed to make a recommendation by deadlocking (3-3)
on two motions . An amended motion which set forth a
recommendation of approval with a set of conditions which
addressed technical matters and items of conflict between
agreements and codes did not pass (Parker, Schneider, Bridges
in support. Klarer, Coopersmith and Purdo opposing) . The
original motion made by Mr. Purdo, seconded by Mr. Schneider
which also set forth a recommendation of approval but with
conditions per the staff recommendation (removal of the
outparcel) did not pass (Klarer, Coopersmith and Purdo in
support. Parker, Schneider and Bridges dissenting) .
The conditions of approval as recommended by the Board are as
follows :
1. That a five foot (minimum) perimeter landscape strip
along the west property line and adjacent to the
entire entryway from Linton Boulevard be provided and
further that this landscaping match, as near as
possible, the currently approved landscape area on
the west side of the entry.
2 . That if the landscaping along the north wall is not
provided for as described in the agreement between
the owner and Lakeview Golf Course, the landscape
strip adjacent to the north perimeter wall the
increased to a minimum of six feet six inches (6 ' 6"0
to accommodate the buffer treatment shown on the
landscape plan.
3 . That the parking situation be resolved through a
determination that the center is to function as a
whole and that there be legal, recorded documents
which provide for the perpetual right of joint access
and use of all parking spaces by all tenants of
either parcel.
4 . That either Parcel 2 be replatted or the previously
approved, but not recorded plat, be modified to
depict new easements and the provision of cross
access rights . With such a plat submittal, final
engineering plans for this Phase II must be provided.
5 . That a revised site and landscape plan be provided
and that it accommodate the items noted under the
Technical Review Section of the Planning and Zoning
Board staff Report with the following modifications:
* that accommodation for security to Shadywoods
through the use of fencing, but in a manner
other than shown on the submitted site plan, be
accommodated;
P&Z Board Minutes
May 31, 1990
Page 8
Imo, '
* that the wall along the west side of the lake
taper to a height of four feet (4 ' ) ; and,
* that the wall along the north property line and
that portion which is within the rear yard
setback be at a height of six feet (6 ' ) .
6 . That revised engineering plans which address the
items noted under Engineering and Utility items of
the Technical Review Section of the Planning and
Zoning Staff Report be provided.
7 . That this approval shall be valid until such time
that Amendment 90-1 to the Comprehensive Plan is
adopted by the City Commission. At such time, if
Phase II development is not established pursuant to
Section 173 . 868(A) , this approval shall become void.
For purposes of determining "the total cost of all
improvements" to be used to calculate establishment
of use, only those improvements which are associated
with Phase II development and which are not in any
way associated with Phase I shall be used.
B. Site Plan, Holsum Bakery, Part of Tract K, Delray Park of
Commerce:
Mr. Kovacs introduced the item through a review of the
Staff Report and pointed out that the Community Appearance
Board had suggested that the proposed hedge be 36" at the
time of planting instead of the required 24" .
Mr. Jim Johnson, Agent, was present for this petition.
After brief discussion, it was the consensus of the Board
to delete condition (6) relative to the 36 ' hedge
material.
Motion #1: It was moved by Mr. Klarer, seconded by Mr.
Schmidt, and passed 6-0 (Ms . Coopersmith not present for
the vote) to recommend approval of the Site and
Development Plan based upon positive findings pursuant to
Section 173 .867 (Ten Standards for Evaluating Site and
Development Plan Applications) subject to the following
conditions :
1. Provide verification from the City of Delray Beach
Public Utilities Department that the location of the
landscape material within the 25 ' utility easement is
acceptable. If the proposed location is not
acceptable, a site plan modification will be required
to accommodate the landscape material .
P&Z Board Minutes
May 31, 1990
Page 9
2 . That revised plans be submitted addressing the
comments listed under the "Technical Item" section
of the Staff Report and subject to the deletion of
Condition (6) .
Motion #2 : Mr. Klarer then moved to recommend approval of
a waiver to Code Section 159 .30 (Perimeter Landscaping)
along the south property line on the basis that the
property was platted in a manner that the 25 ft.
ingress/egress easement directly abutts the south property
line, a 5 ft. landscape strip will be provided along the
north property line of Lot 2 when Lot 2 is developed and
that the two landscape islands just north of the
ingress/egress easement provide an adequate buffer. The
motion was seconded by Mr. Parker and passed 6-0 (Ms.
Coopersmith not present for the vote) .
C. Site Plan Modification, Church of the Living God, at 44
S.W. 11th Avenue:
Mr. Kovacs introduced the item through a review of the
Staff Report. He emphasized the following points :
- there there is no access to the alley on the original
site plan.
- since the dining facility is allowed as an auxiliary
use; a change to the conditional use is not
required.
Mr. Reginald Harris, Agent, was present and stated that he
had no objections to staff ' s comments . He pointed out
that the same congregation will be using the dining
facilities.
It was then moved by Mr. Purdo, seconded by Ms.
Coopersmith and passed 7-0 to recommend approval of the
site plan modification for the proposed expansion subject
to Conditions ( 1) thru ( 10) as outlined in the Staff
Report.
P&Z Board Minutes
May 31, 1990
Page 10
Mr. Schmidt stepped down from the Board for the following item.
D. Sketch Plan, The Groves, Located North of Linton Boulevard
at S.W. 10th Avenue, Extended:
Mr. Kovacs introduced the item through a review of the
Staff Report. He emphasized the following significant
items :
- a direction to eliminate the cul-de-sac and provide a
connecting driveway stem on the property which will
provide a loop around the existing building.
- that emergency access be provided via Bessie Street.
- relocation, with the consent of the Bessie Street
Townhomes owners, of the entry to the north so that
it aligns with the east/west drive.
- wherever the dead-end parking situations occur, that
there be parking spaces that are striped at the end
with "No Parking" signs so that there will always be
turnaround space.
- that there be knox-box controlled gates at the end of
Bessie Street going into the Southridge area.
Mr. Roger Boos, Agent, was present and stated that all of
staff' s concern will be addressed.
It was then moved by Ms . Coopersmith, seconded by Mr.
Parker and passed 6-0 to accept the sketch plan concepts
with the following modifications:
1. Elimination of the Strickland Road cul-de-sac and use
of controlled gates.
2 . Connecting of the parking areas, via a 24 ' drive, in
the vicinity of Strickland Road.
3. Use of controlled gates at the point of conflict
between the Bessie Townhouse parallel parking area
and the Groves internal parking areas.
P&Z Board Minutes
May 31, 1990
Page 11
4 . Relocation of the entry to the north so as to align
with the internal east/west drive (with the consent
of the Bessie Street Townhome owners) .
5 . Whenever dead-end parking rows exists for turnaround
area by striping and prohibiting parking at the end
space.
6 . Provide knox-box controlled gates at the terminus of
Bessie Street.
Mr. Schmidt returned to the Board.
E. Abandonment of a Portion of Avenue "H", Between U.S.
Highway No. 1 and Frederick Boulevard:
The Planning Director stated that this item has been
postponed to the Planning and Zoning Board Regular Meeting
of July 16th.
F. Revised Site Plan for Heritage Manor at the Southeast
Corner of Venetian Drive and Miramar Drive:
Mr. Kovacs introduced the item to the Board through a
review of the Staff Report. He pointed out that the site
plan was before the City Commission on April 24, 1990 at
which time the item was remanded to the Planning and
Zoning Board. He emphasized the following points:
- that the structure was reduced by one story
- the size of individual units was reduced
- the unit count was maintained
- changes were made to the elevations and some setbacks
were increased.
Mr. Timothy Mayhem, Agent, informed the Board that the
following issues have been addressed: that the overall
height has been reduced; that the parking garage is now
above grade; and increased the project's compatibility to
its neighbors .
Ms. Elizabeth Matthews, representing the Beach Property
Owners ' Association, felt that the project was not
compatible with adjacent uses in the area. She pointed
out that the Association would not object to a three story
building.
P&Z Board Minutes
May 31, 1990
Page 12
Mr. David Armstrong, Attorney, representing The Venetian
House, stated that 10 units of the condominium back up to
this development. He pointed out that these units are one
story with patios that face this development. Mr.
Armstrong felt that 12 units would be more compatible than
15 units which are allowed by Code; also, that a
three-story building would not be compatible and a
four-story building would not be acceptable.
The Planning Director pointed out that the original
development proposal was before the Board at its meeting
of April 16th at which time there was public opposition
regarding the development's compatibility with adjacent
one story residential structures.
Mr. Schmidt felt that the overall height reduction did not
bring the development into compliance with the standards
pertaining to impact of the use and to its use upon the
adjacent properties.
Mr. Purdo, Ms. Coopersmith and Mr. Klarer agreed with
comments made by Mr. Schmidt.
It was then moved by Ms. Coopersmith, seconded by Mr.
Purdo and passed 4-3 to recommend denial based upon the
failure to adequately address concerns with respect to
Standards J (site development) in that the development
proposal is not compatible with adjacent uses as well as
failure to adequately address Standard B in which the
development proposal is out of scale with the character of
the area with respect to height and intensity.
V. REPORTS AND COMMENTS:
A. Board Members :
The Board Members emphasized that they would like for it
to be known that it is the Planning and Zoning Board's
philosophy is to be adamantly opposed to outparcels.
P&Z Board Minutes
May 31 , 1990
Page 13
B. Staff :
The Planning Director reminded the Board that the next
workshop meeting will be held on June 8th at 8 : 00 A.M. and
the Public Hearing/Regular Meeting will be held on July
16 , 1990 at 7 : 00 P.M.
The meeting was adjourned at 10 : 00 P.M.
The undersigned is the Secretary of the Planning and Zoning Board
and the information provided herein is the Minutes of the meeting of
said body for May 31 , 1990, which were formally adopted and approved
by the Board on .
Celeste McDonough
If the Minutes that you have received are not completed as indicated
above, then this means that these are not the official Minutes .
They will become so after review and approval, which may involve
some changes .
F o
Al / 1ai6
„
/
(
• _ .
. .
THE FOLLOWING IS THE DIRECTOR' S RESPONSE TO ITEMS RAISED AT THE
JULY 26 , 1990 , PLANNING AND ZONING BOARD PUBLIC HEARING. IT ALSO
INCLUDES ADDITIONAL PUBLIC REQUESTS FOR CHANGES AND ADDITIONAL
STAFF REVIEW COMMENTS .
ITEMS RAISED DURING THE JULY 26 , 1990 PUBLIC HEARING:
A. Loren Shafer, representing the Delray Beach Automobile
Dealers Association.
1 . Section 2 . 4 . 3 (B) ( 1 ) (page 2 . 4 . 8) Basic Submission Items :
Desired scale to be set at 1" : 100 '
Position: This item has received considerable discussion.
Previously it was recommended that the first line ( setting a
requirement) be deleted.
2 . Section 2 . 4 . 3 (B) ( 6 ) Basic Submission Items : Desired clarity
that adjacent lot lines and off-site buildings not be surveyed
but can be approximate .
Position: I feel the text is clear that the items are to be
"approximate" locations . This item is better addressed in
the application form where the statement "approximate
locations do not have to located by survey methods" . Thus ,
no change in the text .
The following items are found in the A.C . District Regulations :
3 . Section 4 . 4 . 10 (G) ( 2 ) (a) Bullpen Parking Landscaping:
Desired that the 10o landscape requirement be reduced.
Position: The 10o is not a special requirement - it is the
general requirement applied to determine the amount of
landscaping which is required for parking lots . Since it is
not a special requirement, and since the bullpen parking
arrangement is a special consideration for auto uses, it is
my position that no change should be made.
4 . Section 4 . 4 . 10 (G) ( 3 ) ( f) Employee Parking: Desires that
employee parking be allowed in a bullpen arrangement .
Position: This would mean that employee parking could be in
an area where there is not a landscape aisle between rows of
parked vehicles but that an equivalent amount of landscaping
would be provided in another manner. There is a
relationship between this item and the request for
diminishing the landscape requirement for bullpen parking.
Provided that employee bullpen parking is accommodated in
the same manner as bullpen parking is currently handled the
request is reasonable . Also, since this item is requested
where there are large numbers of employees , it should apply
only to full service automobile dealerships .
Add to Subsection (G) ( 2 ) the following subsection (c) :
(c) A bullpen parking arrangement may also be used for an
employee parking area provided that it complies with
the provisions of Subsection (G) ( 2 ) (a) and is in
conjunction with a full service new car automobile
dealership. Employee parking provided in a bullpen
arrangement may count toward meeting employee parking
requirements .
5 . Section 4 . 4 . 10 (F) ( 5 ) (c) : Advertising Restrictions :
Desires ability to fly banners for special occasions .
Position: Delete "banners" from ( 5) (c) ; add the following
( 5 ) (d) ; renumber subsequent subsections :
(5 ) (d) Banners , may be used in conjunction with special
events and promotions at full service new car
automobile dealerships and when pursuant to the
following:
* not to be located within special or perimeter
landscape areas nor attached to vehicles nor
located higher than the roof line the
building it is attached to
* not to be displayed for a consecutive period
of five days , nor more than five days in any
one month, nor on more than six occasions
each calendar year
* text, color, and size shall be approved by
the Delray Beach Automobile Dealers
Association
6 . Section 4 . 410 (C) ( 2 ) (b) Accessory Uses : Does not support
the accommodation of service bays as an accessory use for other
than full service automobile dealerships .
Position: The described use could be accommodated through
the conditional use process (use item D7 ) ; thus , deletion
would not prohibit the use when it may be appropriate.
Thus, delete Subsection (C) ( 2 ) (b)
B. Other public testimony included:
* Jean Beer who commented on the previous items by urging
caution on the banner request and not supportive of the request
for reduction of bullpen landscaping.
* Sara Murray with continued discussion on Lakeview Golf
Course .
* Lois Kelly seeking clarification of fees for "moving"
permits . Her inquiry will be handled with the revisions which
need to occur with the fee schedule.
ITEMS BROUGHT FORWARD BY ADDITION PUBLIC INPUT VIA LETTER AND/OR
CONFERENCES WITH STAFF
C. Zoning Map Items :
Cl. Gulfstream Building: Letter of July 26th from Bob Chapin
pointing out that POC zoning has been applied on the Gulfstream
Building site, a current SAD.
Position: By previous documentation dealing with the
Gulfstream Building rezone request, it is written that RM
zoning would be applied as a part of the LDR process . In a
separate action, a rezoning petition from SAD to POC will be
before the Board on August 20th; thus further consideration
of the specific zoning for this site will be made at that
time. If a determination other than RM is made, a change can
be made to the proposed zoning map prior to formal adoption.
Change the designation from POC to RM.
C2 . Southeast Corner of Congress and Lake Ida Road: Letter of
July 27th from Congress Associates seeking an equivalent to
present zoning.
Position: The Future Land Use Map designates the property
as "Commerce" with MIC and PCC designations being consistent
therewith. PCC has been applied. A development proposal
which involved MIC use was previously (recently) rejected
at the Planning and Zoning Board level. A change to
accommodate PC zoning would first require an amendment to
the Future Land Use Map.
Thus, no change.
D. Text Items :
Dl . Delray Beach Yacht Club: Discussion with owners and
Director focussed upon actions previously taken with respect to
the property and proposed development. The following positions
were requested and accommodated:
Add Yacht Club as a conditional use under Section 4 .4 .6(D) ,
Medium Density Residential (RM) District (page 4 .4 . 10)
Add Parking Requirement for Yacht Club to Section
4 . 6 . 9 (C) (6) by addition a new subsection (r)
(r) Yacht Club: one space per 1,000 sq. ft. of floor area
and outdoor eating/dining area plus one space for -one
half the number of boat slips .
- 3 -
D2 . Outbuildings and Shopping Centers : At the City Commission
meeting of July 24, 1990, additional clarification and direction
was given relative to "compatibility" and decision making
authority on this issue.
Change: Where the phrase "architecturally integrated with
other structures" is used within Subsection (F) , Development
Standards, of individual zoning districts the word
"compatible" shall be used instead of "integrated" . In
addition, at the end of the paragraph (sub-subsection) , the
following shall be added:
"Architectural compatibility shall be determined
pursuant to Section 4 . 6 . 18" .
Add: A new Subsection 4 . 6 . 18(B) ( 13) and renumber subsequent
subsections to accommodate:
( 13) Out-Buildings and Shopping Centers :
(a) Rule: Out-buildings within a shopping center shall
be compatible in terms of color, materials, and
architectural style.
(b) Procedure: The Site Plan Review and Appearance
Board shall make a finding of such compatibility
prior to approval of out-building elevations. If the
Board determines that there is not compatibility with
respect to any of the items, then it shall deny the
elevations. However, if the Board feels, despite the
incompatibility, the elevations should be approved
they shall forward the elevations to the City
Commission with a recommendation of approval and the
City Commission shall take final action.
D3 . Site Plan Approval for Large Projects : At the City
Commission meeting of July 24, 1990, additional thought was given
relative to this matter with direction to provide that all site
plans which are in excess of a certain area shall have
landscaping plans and elevations approved by the Planning and
Zoning Board. The purpose of this is to accommodate a large
project which has integrated parts by working with only one
board. This circumstance (larger scale projects) can be
accommodated by referral to the SPRAB for recommendations prior
to final P&Z action.
Add: to Section 2 .4 .5( I) ( 1) (a) (page 2 .4 . 37) Architectural
Elevations : Rules, at the end of (a) : "the elevations for
any non-residential project which is greater than seven (7)
acres in area may be approved only by the Planning and
Zoning Board" .
Add: to Section 2 .4 .5(H) ( 1) (a) (page 2 .4 .26) Landscape
Plans : Rules, at the end of (a) : However, the landscape plan
for any non-residential project which is greater than seven
(7) acres in area may be approved only by the Planning and
Zoning Board" .
ADDITIONAL ITEMS FROM FURTHER STAFF REVIEW:
E. Text Items :
El. Section 1.3.5(A) (page 1.3 .2) Expansion of Nonconforming
Use: This section allows a nonconformity use to expand within an
existing structure. The section is not new, ; it comes from the
existing code. It was questioned whether or not a limitation
should be placed on such an expansion.
Director' s Position: There are no known abuses or problems
with the current situation; thus, no change.
E2 . Section 2 .4 .3(H) (page 2 .4 . 14) Subdivision Submittal Items:
This section needs to be reformatted to accommodate basic
submittal items, to be clear as to what is to be shown on the
plat and what can be submitted separately, and to provided better
clarity.
E3. Section 2 .4 .4 (C) (page 2 .4 .27) Imposition of Conditions:
The word "neither" was left out of the last paragraph on page
2 .4 .27 .
Director's Position: The last paragraph should begin . . .
"However, neither a final plat nor an abandonment
E4 . Section 2 .4 .5(H) (page 2 .4 .36) Landscaping Plans : The City
Horticulturist desires that a full landscape plan submission be
made concurrent with a site plan plan submission.
Director's Position: Board discretion.
E5 . Section 2 .4 .5(H) ( 1) (b) : Landscaping Plans: rules: Delete
the last portion of (b) in that the requirement for upgrade of
landscaping to apply to existing homes has been dropped from the
•
proposed landscape code which is under separate review.
Director's Position: Concur
E6 . Section 2 .4 .5(H) (3) (b) : Landscape Plans : procedure: Change
the phrase "standards of the City" to "criteria of the Board" in
the last paragraph of this subsection.
Director' s Position: Concur
- 5 -
E7 . Section 2 .4 . 6 (D) ( 1) : Sign Permit Requirements : Add an
additional requirement (h) and renumber subsequent items as
follows :
(h) appropriate exhibits showing the proposed location of
the sign with respect to nearby structures and
vegetation.
Director' s Position: Concur
REF/LDRCHG4 .TXT
- 6 -
PLANNING AND ZONING BOARD MEMORANDUM
TO: PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: SPECIAL MEETING OF JULY 30, 1990 -- L.D. R. S
RECOMMENDED MODIFICATIONS AND DISPOSITION OF REQUESTS
I . ZONING MAP ITEMS
A. Changes to the Proposed Zoning Map: The following
changes are proposed in response to public comment,
property owner requests and staff considerations .
1 . St . Paul ' s Church, on Swinton: Change from OSSHAD to CF
2 . Cason Church: Change from OSSHAD to CF
3 . Add Historic District Overlays with the deletion of Cason
Church from the O. S . S . Overlay
4 . Barnett Bank/Zankle site: Change from AC to GC .
5 . Area north of S . E . 3rd Street between 5th and 6th Avenues :
Change from AC to GC or CBD
6 . Apply R-1-AAA to the area delineated in the Lake Ida
Property Owners Assoc . description dated 06/16/90 .
7 . Gulfstream Building, Change from POC to RM
8 . Apply O. S . zoning to the portion of the Lakeview Golf Course
and a lake which are identified as "Block 30, page 10 & 11"
on the zoning map.
9 . Apply O. S . to the golf course portions of the Del-Aire and
Hamlet developments
10 . Provide RM zoning designation for Fairways on the Green
instead of OS as shown (drafting error)
11 . Remove the Dover Road right-of-way, between Lowson and
Atlantic, from the base map ( it does not exist)
12 . Isles of Delray: No change is recommended at this time;
however, a Board recommendation will be made on August 20 ,
1990 following the Board' s consideration of the Isles of
Delray extension request.
B. Disposition of other matter re the proposed Zoning Map: The
following items, which were raised during the public hearing
process, are not recommended to be accommodate on the
proposed zoning map.
B1 . By Dr. Westine, Professional Office District in the Lake Ida
Historic District in order to promote professional use in the
area. A representative of the Lake Ida Association commented
that they wished to reserve comment at that time.
Position: None at this time. The request should be
specifically considered later this year after there is more
interaction among Dr. Westine, the Del Ida Association, the
Historic Preservation Board, and the P&Z Board. This item
will be assigned to the Neighborhood Planner. Rezoning, if
appropriate, will be initiated by the City.
B2 . By Russ Reinke, Block 77 & 78 to be G.C. instead of C.B.D.
in order to have a various contractor offices and a moving and
storage business and a metal scrapping activity remain and not be
nonconforming.
Position: Stay with C.B.D. zoning with direction to
reexamine the matter subsequent to adoption of the LDRs .
Such reexamination should involve the CRA and DDA and
address similar situations .
B3 . By Jack Little, by the DDA, and by the CRA, Special Zoning
Area for old industrial uses : All parties felt that previous
special areas which allowed certain industrial uses to be allowed
in certain GS and SC Districts be reinstated. In Mr. Little's
case, he suggested that "sign shops" be considered as an
allowable use in the CBD.
Position: Reinstitute the existing special zoning areas in
the same manner in which they are handled in the existing
code with direction to reexamine the matter subsequent to
adoption of the LDRs. Such reexamination should involve
the CRA and DDA. (Note: This item is not accommodated by a
change in the zoning map but in text amendments to the CBD
and GC Zone Districts . )
B4 . Consider changes from CBD to GC along the Federal Highway
pair.
Position: This item was raised by staff and comment sought
from the DDA. It is recommended that it be considered
subsequent to adoption of the LDRs
- 2 -
B5 . By Sara Murray, Lakeview Golf Course: opposed O.S. zoning
and desires placement of current R-1-AA and R-1-AAA zoning
designations.
Position: The subject area is shown as Open Space on the
Future Land Use Map. As such either OS or CF zoning is
deemed consistent. Given the private ownership of the golf
course, OS zoning is most appropriate.
II . TEXT ITEMS
A. Changes to the proposed text: The following
changes are proposed in response to public comment,
property owner requests, and staff considerations.
1 . Section 1. 1.5 (page 1. 1.2) : Effective Date: The Chief
Building Official desires that any application in process prior
to the effective date be processed under previous code and that
any such application which desires to be processed by, or subject
to, the new code be resubmitted post the effective date (includes
new fee schedule) .
2 . Section 1.4 .2 : (page 1.4 . 1) Notice of Violations : Change
"Code Enforcement Officer" to "Code Compliance Administrator"
here and each time hereafter such reference is made.
3. Section 1.4 .4 : (page 1.4 .2) Penalty: This section needs
to be redone by the City Attorney in order to accommodate various
levels of penalties which are currently used.
4 . Section 2 . 1.2(B) : (page 2 . 1. 1) Responsibilities of
required positions: Add language to accommodate the delegation
of items to others with the accountability remaining with the
designated position.
5. Section 2 .2 . 1(A) (page 2 .2 . 1) Qualifications for Board
members: Delete the phrase "manage or operate" .
6 . Section 2 .2 . 3(C) ( 1) : SPRAB: Require a minimum of two,
instead of one, meetings per month.
7 . Section 2 .2 .6(D) (5) : (page 2 .2 .9) Duties of H.P.B. : add
"as they apply to Historic Structures and Districts" for
clarification purposes .
- 3 -
8 . Section 2 .2 . 7 (D) (7) : (page 2 .2 . 9) Change reference from
"Community Appearance Board" to "Site Plan Review and Appearance
Board" here and each time hereafter such reference is made.
9 . Section 2 .4 .2 (B) ( 1) (b) : (page 2 .4 .2) Change reference from
"Local Planning Agency" to "Planning and Zoning Board" here and
each time hereafter such reference is made.
10 . Section 2 .4 . 3(A) (2) : Basic Application Submittal : Add
current certification requirement as it pertains to the warranty
deed.
11. Section 2 .4 .3(B) ( 1) : Site Plan submission requirements:
Delete the first sentence.
12 . Section 2 .4 .3(B) (9) : Tree Information (submittal) : Change
4" to 2" to be consistent with Supplemental Regulations regarding
tree protection.
13 . Section 2 .4 . 3(C) ( 1) : (page 2 .4 . 10) Submission Requirements
- Landscape Plan: Add phrase "along with larger scale
representations for tight or crowded areas" .
14 . Section 2 .4 .3(H) : Subdivision (Platting) Items: Reformat
this subsection in order to provide for submission of a Standard
Application; to differentiate between what is to be on the plat
and what is submitted separately; and to accommodate submission
of a street tree plan and a street light plan when appropriate
(ie for a residential subdivision which is not associated with a
site plan or landscape plan submission) . Also, provision shall
be made for the street tree or street light plan to be in a
narrative (written) form for small subdivision and minor
subdivisions .
15. Section 2 .4 . 3(K) : Fees : The amount of fees needs to be
addressed separately and included in the adopted document.
16 . Section 2 .4 . 10(E) (4) : Form of Financial Guarantee: Add the
form which was accepted with respect to the Target Project.
- 4 -
17 . Section 4 . 1 .4 (B) : Frontage Requirement: Add the following:
"However, neither this provision, nor any other provision of
these regulations, shall prevent construction of a residential
structure on a single family Lot (or Parcel) of Record which has
no frontage. Further, such a Lot of Record with no suitable
access may achieve private access for a single family residence
and similar uses by means of a nonpublic (private) access
easement. "
18 . Section 4 .3 . 3(J) : Gasoline Stations : Expand upon this
subsection to address high turnover stations, service stations,
adjunct use, convenience stores, associated car wash, etc.
19 . Section 4 . 3 .4 (K) : Development Standards Matrix: Enter the
following changes (corrections) to the appropriate matrix:
CBD District: Front Setback 10 '
Side Setback 10 '
Rear Setback 10 '
Height 48 '
20 . Section 4 .4 . 6(D) : Conditional Uses in RM: Add the
following:
(8) Yacht Clubs with attendant facilities
21 . Section 4 .4 . 13(B) : Uses in the CBD: Change Subsection
(4) to read:
(4) Dwelling units within the same structure as commercial
uses provided that residential and non-residential uses
are physically separated and have separate accessways
and that there are no residential units on the ground
floor.
22 . Section 4 .4 . 13(C) : Accessory Uses in the CBD: Change
Subsection (5) to read:
(5) A single family residence, either separate or within a
structure housing a non-residential use, provided that
the residence is occupied by the owner, proprietor, or
employee of a business enterprise conducted on the
property.
- 5 -
23. Section 4 . 13(G) : Reduced Setbacks in the CBD: Add a new
subsection as follows :
(2) Setbacks: Within the area encompassed by the
boundaries of the DDA as originally established in
Section 8.2 .2 (B) , there shall be no required front,
side (interior) , side (street) , or rear building
setbacks except for the situation where there is no
dedicated access to the rear of a building, a ten foot
( 10 ' ) side setback shall be provided.
24 . Section 4 .4 . 13(H) ( 1) : Special Regulations CBD: (regarding
retail use on ground floor) Delete 4 .4 . 13(H) ( 1)
25. Section 4 .4 .22 (B) : Uses in O.S. : Add the following:
(5) Golf Courses, Public and Private
26 . Section 4 .4 .25 (C) (3) : Revision Requirement in SAD
District:
Delete Subsection (3)
27 . Section 4 .5 . 1(K) (4) : Cason Church: Delete legal
description of this site from the Old School Square Historic
District Overlay.
28 . Section 4 .5 .5 : Coastal Zone Regulations: Reformat to be
consistent with the LDRs. Add the Coastal Protection Ordinance
provisions once they are adopted by separate action.
29 . Section 4 . 6 .6(B) : Outdoor Uses : Add the following new
item:
(7) Outdoor retail area for nurseries and garden shops
with the proviso that one-half of the ground area
devoted to such use shall be considered as "floor area"
for the purposes of calculating and providing on-site
parking.
30 . Section 4 .6 . 7 : Signing: Incorporate standards instead of
using a reference.
31 . Section 4 . 6 .9 (C) ( 6) : Parking Requirements : Add the
following requirement for Yacht Club as subsection (r) :
(r) Yacht Club: Shall provide one space per 1, 000 sq. ft.
of floor area and outdoor seating/eating area plus one space
for one half of the number of boat slips .
- 6 -
32 . Section 4 .6 . 9 (D) (4) (e) : Parking Lot Design: Incorporate
diagonal parking schematics and standards from the current
regulations .
33 . Section 4 . 6 . 16 : Supplemental Regulations - Landscaping:
Reformat after adoption of the landscaping ordinance revision
which is under separate consideration.
34 . Section 5 .3 .4 (F) : Storm Water Utility Fee: Incorporate
appropriate material from the recently adopted ordinance.
35 . Section 6 . 1.4 (B) : Driveway Standards: Add the following as
subsection (5) - "A nonpublic (private) access easement upon one
Lot or Parcel which provides ingress and egress for one adjoining
single family Lot (or Parcel) of Record, and similar uses, is
excluded from the provisions of this subsection (B) .
ADD (where appropriate) : requirement for a street lighting plan
to be provided with a residential subdivision.
B. Requests not accommodated in the proposed text: The
following requests are not recommended to be
accommodated. These items were raised through public
and staff comment.
B1 . By CRA, Section 3.3 .4 (page 3 . 3 . 3) findings regarding
hurricane evacuation time along AlA intersections.
Position: No change. This finding is pursuant to Policy
C-3 . 6 of the Coastal Management Element.
B2 . By Beer, Section 4 . 3 .2(A) (page 2 .4 . 7) support adding a
requirement for proof of payment of property tax as a basic
submission item.
Position: No change. This matter was previously addressed
by the Board and the text reflects the consensus of the
Board.
B3 . By staff, Section 4 . 3.3(L) : Consider deletion of special
regulations pertaining to hospitals.
B4 . By staff, Section 4 . 3 .3(M) : Consider deletion of special
regulations pertaining to hotels and motels.
- 7 -
B5. By staff, Section 4 .3. 3(N) : Consider deletion of special
regulations pertaining to Towing and Attendant Storage Facilities.
B6 . By Roger Boos, Section 4 .3.4 (K) : Minimum Floor Area
requirements for multiple family units was questioned with an
indication that the previous minimums as established for the
RM-15 District should remain. (page 4-3-38)
The intent of the Code is to simplify requirements; thus, it
is desired to have just one "minimum". The proposed
minimums come from the RM-6 and PRD Districts . A comparison
of these shows:
Proposed RM,RH,RM-10/15
Efficiency 400 sq. ft 400
One Bedroom 600 sq. ft. 550
Two Bedroom 900 sq. ft. 850
Three Bedroom 1, 150 sq.ft 1000
Four Bedroom 1. 350 sq. ft. 1000+150 ea- add
Position: No Change
B7 . By DDA, Section 4 . 3.4(K) (page 4 . 3 .39) desires that a height
limitation of sixty feet (60 ' 0 be allowed by right as opposed to
needing approval through the exception (conditional use) process.
Position: No change.
B8 . By Beer, Section 4 .4 . 9 (D) (8) (page 4 .4 . 18) seeks deletion of
Flea Markets as a conditional use in the GC district.
Position: No change. Deletion would remove the list from
the zoning code. It was (presumably) added during
discussion of land on Federal Highway. It seems appropriate
to have classified as it is here as opposed to prohibiting
it all together. Another option would be to list it as a
special item in the SAD District i.e. require SAD rezoning
to accommodate it.
B9 . By Beer, Section 4 .4 . 10(D) (page 4 .4 . 19) does not support
item #7, Full Service Vehicle Repair, as an allowable use.
Position: No change.
- 8 -
B10 . By DDA, Section 4 . 4 . 13 (G) (page 4 . 4 , 33) desires exclusion
of the original CRD District from compliance with t' numerical
parking requirements . The C. R.A, sucgested that this item be
approached with caution.
Position: No change at this time. The position is based on
the following. If the area is excluded at this time and a
parking district is created later, there may be a position
established that since there are no parking requirements in
place that the original DDA area should not be included in
such an assessment district . If participation of the
private sector (assessment or other means ) is not a part of
the program then the DDA request should be reconsidered.
Bil . By CRA (Gracey) Section 4 . 6 . 7 (B) ( 1 ) (d) (page 4 . 6 . 8 ) desires
that limitations on the text of a real estate sign not be in the
Code.
Position: No change. This is an existing provision.
Bi2 . By CRA Section 4 . 6 . 16 : Landscape Code (page 4 . 6 . 54 ) ,
Item 8 dealing with interior tree requirements -- It was
suggested that Mr. Gracey address this item during public
hearings on the proposed changes to the landscape code which is
undergoing separate review.
B13 . By the CRA, consideration of front yard setbacks based upon
an increase in building heights, a step-back approach, a
"daylight cone" approach -- These are new concepts (to the code)
and as such should be considered later.
B14 . By CRA', questioned the reduction of density maximums from 15
d.u. /acre to 12 d.u. /acre -- The density reduction is being
implemented pursuant to the Comprehensive Plan. A Plan
amendment is necessary first.
REF/DJK#70/LDRCHG1 .TXT
- 9 -
Inv
Steve Taylor gave a brief explanation of how this site plan
game into existence. :
John Johnson, Director of Historic Palm Beach County Pre-
servation Board, does not see how this is compatible with Banker' s Row.
His recommendation is to defer and analyze this proposal.
Wayne Campbell moved approval of the Site Plan, seconded by
Spencer Pompey. The vote was as follows : Wayne Campbell - Yes; Daniel
Carter - No; Spencer Pompey - Yes; Rose Sloan - Yes; Pat Healy-Golembe -
No. Motion passed 3-2.
C. Recommendation to the City Commission regarding waivers
pursuant to the site plan.
Daniel Carter moved to waive requirement 4. 6 . 16 (H) (3) (e) and
4. 6. 16 (H) (8) (c) , seconded by Rose Sloan. The vote was as follows: Wayne
Campbell - Yes; Daniel Carter - Yes; Spencer Pompey - Yes; Rose Sloan -
Yes; Pat Healy-Golembe - Yes . Motion passed 5-0.
D. COA approval which includes landscaping and sign.
Daniel Carter moved approval of the COA with the conditions of
using marine plywood for the sign, a frame around the sign and a double
pole, seconded by Spencer Pompey. The vote was as follows : Wayne
Campbell - Yes; Daniel Carter - Yes; Spencer Pompey - Yes; Rose Sloan -
ffes; Pat Healy-Golembe - Yes. Motion passed 5-0.
Daniel Carter moved approval of the COA with recommendations,
seconded by Spencer Pompey. The vote was as follows: Wayne Campbell -
Yes; Daniel Carter. - Yes; Spencer Pompey - Yes; Rose Sloan - Yes; Pat
Healy-Golembe - Yes . Motion passed 5-0.
7. COA 8-161 - 220 Dixie Blvd. James & Rebecca Gilbert, Owners.
Extend a portion of the front wall forward and reinstall window
and front door.
Rose Sloan moved approval of COA 8-161, seconded by Wayne
Campbell. The vote was as follows: Wayne Campbell - Yes; Daniel Carter
- Yes; Spencer Pompey - Yes; Rose Sloan - Yes; Pat Healy-Golembe - Yes.
Motion passed 5-0.
8 . COA 8-158 A - 840 E. Atlantic Avenue, Brandy' s Waterside Cafe
Digby Bridges, Architect, Authorized Agent.
Minor site plan modification to relocate steps from the east
side of proposed deck to the south east corner.
Daniel Carter moved approval of COA 8-158 A, minor site plan
modification to relocate steps, seconded by Wayne Campbell. The vote
Baas as follows: Wayne Campbell - Yes; Daniel Carter - Yes; Spencer
—Pompey - Yes; Rose Sloan - Yes; Pat Healy-Golembe - Yes. Motion passed
-0.
-3- 2/21/91
Discussion regarding Veteran' s Memorial Plaque and Monument
!4ocated at Veteran's Park.
Kathy Stokes and Carolyn Patton, spoke with regard to the
proposed removal of the Monument when the park is renovated.
It was the consensus of the Board to recommend leaving the
Monument in the park.
Rose Sloan moved to submit a letter of recommendation to the
Site Plan Review Board, the City Manager, Planning Director, Parks and
Recreation Director, Commission and Mayor stating the strong desire to
leave the Monument intact and in it' s present site, seconded by Wayne
Campbell. The vote was as follows : Wayne Campbell - Yes; Daniel Carter
- Yes; Spencer Pompey - Yes; Rose Sloan - Yes; Pat Healy-Golembe - Yes.
Motion passed 5-0.
10. Discussion of uses allowed in the Old School Square Historic
Arts District.
Stan Weedon suggested the Board review the uses and get back to
him with their recommendations .
11. Reports from Historic Districts.
There were no reports from the Historic Districts at this time.
=2. Recommendation to City Commission regarding Banker' s Row
Neighborhood Plan.
Wayne Campbell moved approval for recommendation and acceptance
to the City Commission, seconded by Spencer Pompey. The vote was as
follows : Wayne Campbell - Yes; Daniel Carter - Yes; Spencer Pompey -
Yes; Rose Sloan - Yes; Pat Healy-Golembe - Yes. Motion passed 5-0 .
13. Approval of the Minutes for July 17, 1991.
Wayne Campbell moved approval of the Minutes from the meeting
of July 17, 1991, seconded by Daniel Carter. The vote was as follows:
Wayne Campbell - Yes; Daniel Carter - Yes; Spencer Pompey - Yes; Rose
Sloan - Yes; Pat Healy-Golembe - Yes. Motion passed 5-0. •
14. Unfinished Business.
There was no unfinished business at this time.
15 . New Business.
Daniel Carter questioned the status of Mr. Turner. Pat Cayce
stated Mr. Turner has the opportunity to correct. all of the mistakes on
401 N.E. 2nd Avenue, or come before the Code Board to say why he chooses
--pot to correct them. He then has thirty (30) days to correct them and
f not he can be fined on a daily basis. One of his code violations is
-4- 2/21/91
T
the fact that he did not get a COA or a Site Plan Approval for
=additions .
Pat Healy-Golembe stated the numbers on Virginia Snyder' s house
are very large and bright, a little overpowering.
Daniel Carter stated the landscaping and fence for the swale
and outside of the fence on the corner house at George Bush Boulevard
and Swinton Avenue, which landscaping and fence was approved, has not
been done as outlined in the COA.
16. Video Tape of Historic Preservation in Ft. Collins Colorado.
Because of time and two Board members absent, the video tape
will be presented at the September meeting.
17. Adjournment.
Wayne Campbell moved for adjournment at 7: 00 P.M. , seconded by
Spencer Pompey. The vote was as follows: Wayne Campbell - Yes; Daniel
Carter - Yes; Spencer Pompey - Yes; Rose Sloan - Yes; Pat Healy-Golembe
- Yes. Motion passed 5-0 .
-5- 2/21/91
Me mo From PATRICIA CAYCE
Historic Preservation
Planner
COMMIJNITY IMPROVEMENT DEPARTMENT
To: Date: ///�
l.v
AGENDA
HISTORIC PRESERVATION COMMISSION MEETING
JUNE 4, 1987 AT 4:00 P.M.
(1st Floor Conference Room)
•
✓1. Call to Order
•
2. Roll Call
AlReview o Ordinance
�4. Election of Chairperson and Vice Chairperson
40, Adopt Rules and Regulations c,.4cr.a.Rv
o' Set Monthly Meetings
7. Appointment for Form Review
LAB. Review Certified Local Government Program
9. PROJECT: CREATE DISTRICT AROUND OLD SCHOOL SQUARE
PER THE MAYOR'S REQUEST. Designation of Two Members
to Work on Boundaries
Please be advised that if a person or persons decides to appeal any
decision made by the Historic Preservation Commission with respect to
any matter considered at this meeting or hearing, such persons will
need a record of these proceedings, and for this purpose such persons
may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the
appeal is to be based. The City does not provide or prepare such
record.
r
AGENDA
HISTORIC PRESERVATION BOARD
THURSDAY, JULY 9, 1987 AT 8:00 A.M.
CITY MANAGER'S CONFERENCE ROOM
1) Roll Call
2) Approval of Minutes - Meeting- of June 18, 1987
3) Discussion - Historic Districts
a) Old School Square
b) Nassau Park Historical District
4) Discussion of Required Forms
5) Budget Discussion
6) Old Business
7) New Business
8) Adjourn II RICHARD L. HUNGATE ARCHTECTURAL GROUP,P.A
Guests RICHARD L. HUNGATE
1) Kathi Sumrall PRESIDENT
2) Jason Chenery 's Architect
1208 West Newport Center Drive,Suite 102
Deerfield Beach,Florida 33442
(305)421-0788 • (305)421-1899
k
MINUTES OF THE HISTORIC PRESERVATION BOARD (HPB)
WORKSHOP AND REGULAR MEETING
OF JULY 9, 1987 AT 8: 05 A.M.
Members Present Others Present
Clemmer Mayhew, III , Chairman Bob Barcinski, Assnt. City Mgr.
David Nathanson Martin O'Shea, Deputy Bldg. Official
David Martin David Kovacs, Planning Director
Jan Hansen (Arrived late) John Johnson, Exec. Director of
Palm Beach Preservation
Kathi Sumrall
Richard Hungate
Jan Abel
Kathy Stokes
Press
The meeting was called to order at 8 : 05 A.M. and the roll was called.
Since only three Board members were present initially and this is not
a quorum, the Board proceeded into a Workshop meeting.
The approval of the Minutes of the June 18 , 1987 meeting was postponed
to the next meeting.
Richard Hungate, Architect for the Jason Terrace project being planned
for the site at 234 S. Ocean Blvd. presented working drawings of the
proposed 4-story condominium project. The design of the building was
modern with sloping glass on the upper level and also had terracing
worked into the plan at the front of the building. Parking for the
individual units would be located underneath, on the lower level.
Additional guest parking would exist at the end of the building,
along S. Ocean Blvd.
The Board felt strongly that this is a critical site in the proposed
Historical District because of it' s being located at the corner of
Nassau St. and S. Ocean Blvd.
Several Board members expressed concern that the structure, although
attractive for another site, did not really fit in with the character
of the area they are trying to maintain.
Kathi Sumrall was concerned about the height and felt there was no
question that they would have to come before the Planning and Zoning
Board for conditional use approval on the height. She felt the building
was totally out of character for the site.
The Board offered suggestions on possible ways to soften the effect
such as the incorporation of balconies, awnings, shutters and balustrades
so that the architecture would be more in keeping with the flavor of
the rest of Nassau St. The consensus of the Board was that the project
would need to be redesigned before it would be approved by this Board
or the Community Appearance Board.
Minutes of the Historic Preservation Board Page Two
Workshop and Regular Meeting of July 9, 1987
Mr. Kovacs noted that there was also a problem as far as density
as the project does not meet zoning density requirements.
Some discussion transpired relative to increased terracing and
the possibility of obtaining a variance from the Board of Adjust-
ment in order to obtain relief from the side yard setbacks.
The Board mentioned at one point that they would like to see a
harmony and continuity of street scene in the Nassau Park Historical
District, ideally with street lights, landscaping and any sidewalks
being uniform in nature and in keeping with 1930s Delray Beach.
The Workshop meeting was concluded at 9: 00 A.M. and the regular
meeting began.
Relative to the Old School Square Historic District, the Board
discussed the proposed boundaries of the district itself . The
boundaries are at a point of beginning, Atlantic Ave . and Swinton,
Old School Square on Swinton Ave. , North to 4th Street, East and
West to 1st Avenue, Swinton Ave. South to 2nd St. , East and West
to 1st Avenue.
Jan Hansen moved that the Board recommend the previously cited
boundaries to be the Old School Square District. Mr. Nathanson
seconded. The motion was unanimously approved.
Next, David Nathanson moved to recommend that the Nassau Park
Historic District be defined as Nassau Street, from S. Ocean Blvd.
to Venetian and that part of Nassau Street referred to as Wheatley
Subdivision from Gleason to Venetian. (Platted property lines)
This includes Lots 17 , 18 and 19, which is referred to as 234
S. Ocean Blvd. which is now a vacant parcel . Also included are
Lots 1-7 . Jan Hansen seconded the motion. The motion was unanimously
approved.
Next, relative to required forms, Mr. Hansen had reviewed the
Certificate of Appropriateness and the Designation forms and will
have them ready for formal approval at the next meeting.
Work on becoming part of the Certified Local Government Program is
still underway. Once the Board has become part of the Program, new
funding sources will open up.
A draft Budget had been prepared for the Historic Preservation Board
for the three-month period from July through September, 1987 .
Minutes of the Historic Preservation Board Page Three
Workshop and Regular Meeting of July 9, 1987
Two thousand five hundred dollars was allowed for this three-month period.
The budget allotted for fiscal year beginning October 1, 1987 was $8,350.
This would allow $3 , 700 for secretarial assistance which would most
likely be provided by the City Clerk' s office, but would hinge on
whether the City Clerk' s office gets an additional Clerk/Typist. Mr.
Nathanson moved in favor of accepting the proposed budget, as amended,
which includes Personnel Option #1. Mr. Hansen seconded. The motion
passed unanimously.
The Board scheduled its next regular meeting for July 30, 1987 at
8: 00 A.M. in the upstairs conference room.
There being no further business to be discussed, the meeting was
adjourned at 9: 45 A.M.
Note to Reader
The undersigned is the Chairman of the Historic Preservation Board
and the information provided herein are the Minutes of the meetings of
said body of July 9, 1987, which Minutes were formally approved and
adopted by the Historic Preservation Board on 8.- 6-if7
Board Chai an��"
If the Minutes you have received are not completed as indicated above,
these are not the Official Minutes of the Historic Preservation Board.
They will become official Minutes only after they have been reviewed
and approved which may involve some amendment, additions or deletions
of the Minutes as set forth above.
AGENDA
HISTORIC PRESERVATION BOARD
THURSDAY, JULY 30, 1987 AT 8:00 A.M. -
CITY MANAGER'S CONFERENCE ROOM
1) Roll Call
2) Approval of Minutes - Meeting June 18, 1987
and July 9, 1987
3) Discussion - Historic .Districts
a) Old School• Square
b) Nassau Park
c) Del-Ida Park •
4) Design guidelines for Community Appearance Board
5) Old Business
6) New Business .
7) Adjourn
IL
MINUTES OF THE HISTORIC PRESERVATION BOARD (HPB)
WORKSHOP MEETING OF JULY 30, 1987 AT 8: 10 A.M.
Members Present Others Present
Clemmer Mayhew, III, Chairman John Johnson, Exec. Director of
Pat Healy Palm Beach Preservation
Evelyn Eberts Kathy Stokes
Press
The meeting was called to order by Mr. Mayhew. Since only three Board
members were present, and this does not constitute a quorum, the Board
proceeded into a Workshop meeting.
The Board tentatively set September 10, 1987 at 7: 00 P.M. as the Public
Hearing date for the Old School Square and Nassau Park Historical
Districts . Board members not in attendance at the meeting will be
polled to make sure this date is agreeable.
The Board briefly discussed its proposed budget for the 1987/88 fiscal
year. The Operating Appropriation Request for fiscal year beginning
October 1, 1987 was $3 ,250 . The Board is hopeful of obtaining another
$2 ,000 from the Historical Society and possibly other private and
corporate donations.
Some Board members thought it might be advisable to readdress the
zoning issue in the proposed Nassau Park Historic District. The
area is currently zoned Rl-A (Single Family Dwelling District) with
RM-15 (Multiple Family Dwelling District) at the corners.
Relative to Del Ida Park, Mr. Mayhew said that there had recently
been a meeting of nearly fifty homeowners interested in moving ahead
with the neighborhood association. Del Ida Park will probably become
a historic district some time after the Old School Square.
Evelyn Eberts has been researching brochures that other historical
sites/districts have created to get ideas on putting together an
attractive, informative brochure for public distribution. The Board
agreed that lengthy text should be avoided. Ms. Eberts felt the Brochure
needed to make clear that the Historic Preservation Board is not the
same as the Historic Society because many citizens are confusing the
two. A detachable coupon would be ideal whereby supportive individuals
could donate funds. Ms. Eberts will be contacting several local
printers .to get ideas on costs.
Mr. Mayhew attended a meeting recently relative to the renovations
planned for the Cason Cottage. The front portion of the cottage
will be used for several months by Community Development as long-
term offices will be prepared at City Hall for them. As soon as their
offices are complete at City Hall, then they will vacate the cottage
and The Old School Square Foundation, The Historical Society and the
Historic Preservation Board will maintain offices there. The meeting
•
Minutes of the Historic Preservation Board Page Two
Workshop Meeting of July 30, 1987
Mr. Mayhew attended was to discuss the exterior appearance, parking,
plumbing, electrical, walls, ceilings, flooring, light fixtures, etc.
Some Board members expressed concern about security at the site and
were hopeful that the City would take adequate measures to ensure
security from vandalism/theft.
The Board scheduled it' s next meeting for Thursday morning
August 6, at 8 : 00 A.M.
There being no further business to be discussed, the meeting was
adjourned at 9: 25 A.M.
Note to Reader
The undersigned is the Chairman of the Historic Preservation Board
and the information provided herein are the Minutes of the meeting
of said body of July 30, 1987 , which Minutes were formally approved
and adopted by the Historic Preservation Board on SIJ 6-- g/ •
L5
Board Chairman
If the Minutes you have received are not completed as indicated above,
these are not the official Minutes of the Historic Preservation Board.
They will become official Minutes only after they have been reviewed
and approved which may involve some amendment, additions or deletions
of the Minutes as set forth above.
AGENDA
HISTORIC PRESERVATION BOARD
THURSDAY, AUGUST 6 , 1987 AT 8: 00 A.M.
CITY MANAGER' S CONFERENCE ROOM
1) Roll Call
2) Approval of Minutes - Meetings of June 18, 1987,
July 9, 1987 and July 30, 1987
3) Introduction of Guest
4) Brochure Discussion
5) Workshop - Historic District
6) Old Business
7) New Business
8) Adjourn
t
MINUTES OF THE HISTORIC PRESERVATION BOARD (HPB)
REGULAR MEETING OF AUGUST 6, 1987 AT 8 : 05 A.M.
Members Present Others Present
Clemmer Mayhew, III, Chairman John Johnson, Exec. Director of
Pat Healy Palm Beach Preservation
Evelyn Eberts (Arrived late) Dorothy Ellington, Planning Dept.
C. Spencer Pompey Gene Bauer
David Martin Jennifer Bauer
The meeting was called to order by Mr, Mayhew and the roll was called.
Pat Healy moved to approve the Minutes of the June 18 , 1987,
July 9, 1987 and July 30, 1987 meetings with a minor correct n
having been made to the July 9, 1987 Minutes . David Martin seconded.
The motion was unanimously approved,
The Board proceeded to discuss Section 31-6 (6) of Ordinance No. 13-87 ,
where the Historic Preservation Board is given the authority to "Make
determinations, in cases of undue economic hardship, to vary, waive,
or supersede provisions of the zoning code when appropriateness as a
means of encouraging significant historic preservation. "
Mr. Gene Bauer and his daughter, Jennifer, addressed the Board
relative to the home located at 2275 N. Swinton. Mr. Bauer owns
the home and wishes to convert it to a restaurant. The home presently
lies in the County and Mr. Bauer would like to have it annexed into
the City. He would also like to have the property designated as a
site of historical significance. The Board made arrangements to visit
the site after the meeting.
Evelyn Eberts had put together a rough copy of a proposed brochure
about the Historic Preservation Board. The Board discussed the layout
and the prices quoted by local printers. Ms. Eberts had been in
contact with a qualified artist who was willing to donate her time
and skill to produce some line sketches for possible inclusion in
the brochure. Ms. Eberts will invite the artist to the next Board
meeting on Thursday, September 10 at 8: 00 A.M. Ms. Eberts and
John Johnson will work on finalizing the copy in the brochure.
The Board is prepared to go ahead with the Public Hearing on the
proposed Nassau Park Historical District on September 10, 1987
at 7: 00 P.M. All property owners will need to be notified in advance.
The Old School Square Public Hearing has been rescheduled for the
evening of October 1, 1987 at 7: 00 P.M. The items will then need
to go before the City Commission.
It was mentioned that Dave Martin had been assigned to make a survey
of the proposed Old School Square Historical District, from an
' architect' s point of view. He had gathered a substantial amount of
information relative to the structures in this proposed district.
Mr. Johnson mentioned that there was a definite need, statewide,
to establish design guidelines for various historical districts.
I
Minutes of the Historic Preservation Board Page Two
Regular Meeting of August 6 , 1987
There being no further business to be discussed, the meeting was
adjourned at 9: 25 A.M.
Note to Reader
The undersigned is the Chairman of the Historic Preservation Board
and the information provided herein are the Minutes of the meeting
of said body of August 6 , 1987, which Minutes were formally approved
and adopted by the Historic Preservation Board on
Board Chairman
If the Minutes you have received are not completed as indicated above,
these are not the official Minutes of the Historic Preservation Board,
They will become official Minutes only after they have been reviewed
and approved which may involve some amendment, additions or deletions
of the Minutes as set forth above.
AGENDA
Historic Preservation Board Meeting
October 1, 1987
(City Manager's Conference Room)
1) . Call to Order/ Roll Call
2) . Approval of the Minutes
3) . Guests
4) . Brochure/ .Evelyn Eberts
5) . Florida Trust Conference/ Pat Healy
6) . CLGP/ Kathleen Daley
7) . Budget/ David Nathanson
8) . 'Old School Square District/ Nassau Park Historic Distric
9) . New Business
10) . Old Business
11) . Adjourn
Minutes of the Historic Presrvation Board (HPB)
Regular Meeting of October 1, 1987
The meeting was called to order by Mr. Mayhew.
Members present:
Clemmer Mayhew 111 , Chairman
Pat Healy, Vice-Chair
Evelyn Eberts
David Martin
David Nathanson
Jan Hansen
Absent:
C. Spencer Pompey
Others present:
' John Johnson, Executive Director of the Palm Beach Preservation Board
Dorothy Ellington, Planning Department •
Kathleen Daley, City Manager's Office
It was brought to the attention of the board that no one received the
minutes from the August 6 meeting. Staff will look into it.
Discussion of the 7:00 p.m. Public Hearing. It was agreed that Lot 1
be deleted from the district because it was actually on Ocean Blvd.
Carolyn Cunningham contacted the board and asked to be removed. The
board agreed.
Mr. Mayhew discussed the accidental oversight of leaving Mr. and Mrs.
Paul Havens off the.District Inventory. Mr. Mayhew personally stopped
by their home to give them the information and apologize.
Letters of support from the residents on Nassau Street were passed around
the table for the members to look over. It was said that there doesn't
seem to be any opposition at all to making Nassau Street the first Historic
District.
The following clerical errors were mentioned and corrected:
1. Section 111 - District Inventory
add Mr. and Mrs. Paul Havens, 1104 Nassau Street, 1935
2. Delete Lot 1 from the district (220 S. Ocean Blvd.)
3. E.K. Spruill's address is 231 Venetian (not 227)
4. R.&D. Spruill is now Dorothy Paulsen
5. Section 1V - Historical and Architectural Significance
paragraph 3
23 buildings not 22
paragraph 4
6 buildings between 1940-41 not 5
2 in the 1950's not 1
6. Section V - Present Use, Condition and Zoning
paragraph 2
delete #220 and add the duplexes on Venetian to the RM15
t
, g
• s
Minutes of the Historic Preservation Board
Regular meeting of October 1, 1987
Page 2
Discussion on whether or not the board must notify the same residents
for the Commission's Public Hearing. Staff agreed to find out.
It was mentioned that the City Attorney's office must write an ordinance
for the actual adoption of the Nassau Historic District.
David Nathanson asked the City staff to please check on the following:
1. Was the board's budget approved?
2. Has the Finance Dept. set up the account?
• 3. Has the Finance Dept. made a deposit into the proper account?
It was stated that the board would like the Commission to hold their
Public Hearing for Nassau Street on September 23.
The meeting was adjourned at 8:50 a.m.
AGENDA
Historic Preservation Board Meeting
October 1, 1987
(City Manager's Conference Room)
1) . Call to Order/ Roll Call
2) . Approval of the Minutes
3) . Guests
4) . Brochure/ .Evelyn Eberts
5) . Florida Trust Conference/ Pat Healy
6) . CLGP/ Kathleen Daley
7) . Budget/ David Nathanson
8) . 'Old School Square District/ Nassau Park Historic Distric
9) . New Business
10) . Old Business
11) . Adjourn
Minutes of the Historic Preservation Board
Regular Meeting
Thursday, October 1, 1987
The meeting was called to order at 8:14 a.m.
Roll call by Chairman Clemmer Mayhew
Members present: Evelyn Eberts, Pat Healy, David Nathanson and
Clem mer Mayhew.
Guests: John Johnson
Staff: Kathleen Daley
Minutes of September 10, 1987 were approved.
It was mentioned that Mr. Chenery and Lula Butler were invited to this
meeting but are not present.
Discussion on the status of the brochure. It was said that it will be
ready on October 22.
Old School Square: Discussion on the preparation and procedure for the
designation report. Mr. Mayhew and Mr. Nathanson will work on the architectural
studies and Ms. Healy will head up the rest of the project.
It will be decided at. another time who will chair the Public Hearing.
Mr. Mayhew said it was important that everyone attend the reception on
October 15, at the Bourque's house.
Mr. Mayhew met with Joan Kippert of the Historical Society. They are
going to donate 10 orignal drawings by Sam Ogren. Mr. Mayhew also
met with a member on the Board of Directors for Sun Bank and there
was discussion on the bank donating $1100.00 for the framing of the
drawings.
Mr. Mayhew spoke to Lula Butler on the status of the cottage. It was said
that this would be a possible location for the showing of the drawings.
Meeting adjourned at 9:25 a.m.
AGENDA
Historic Preservation Boartr .
Thursday, No•. tuber 12, 1987
8:00 p.m.
City Manager's Conference Room
1) . Roll Call
2) . Approval of the Minutes - Meeting October 1, 1987
3) . Old School Square
4) . Old Business
5) . New Business
6) . Adjourn
r
MINUTES OF THE HISTORIC PRESERVATION BOARD (HPB)
REGULAR MEETING OF DECEMBER 10, 1987 8:00 A.M.
Member Present Others Present
Clemmer Mayhew, III Chairman John Johnson, Exec. Director of
David Martin Palm Beach Preservation
Jan Hansen Dorothy Ellington, Planning Dept.
Evelyn Eberts June Weis, Secretary Old School
Pat Healy Square Fundation
David Nathanson Lula Butler, Coordinator of
C. Spencer Pompey Community Development
Larry LaNeve and Bob Gallaher
Nassau Pointe Developers
Kathy Daley, Public Inf. Off.
The meeting was called to order by Mr. Mayhew and the roll was called.
Mr. Larry LaNeve and Mr. Bob Gallaher of Nassau Pointe Development introduced
themselves. They are the new owner of the site that was previously Jason
Terrace. They informed the Board that they plan to build townhouses on the
southeast corner of Ocean Blvd. and Nassau Street. They will bring plans to
the Board for review.
Lula Butler gave the Board a review on Cason Cottage. C.D.B.G. policies on
demolition and finances were discussed. Also bid contracts and restoration
of the cottage were discussed.
Del Ida Park will hold a Public Hearing on February 11, 1988 at 7:00 p.m.
for Historic District designation. The hearing will be held at the Trinity
Church.
Old School Square Historical District has scheduled a first Reading with
the Commission on January 12, 1988, and Nassau Park second Reading.
The Green Owl building awning was discussed.
The Board will have their January Meeting at the Carlyle Hotel in Miami's
Art Deco District. The meeting date was schedule for January 14, 1988.
Nassau Street lights and signs were discussed.
The Historic Preservation Board meetings were schedule up until June. As follows:
January 14; February 11; March 10; April 14; May 12; and June 9, 8:00 A.M.
There being no further business to be discussed, the meeting was adjourned at
9:30 A.M.
Minutes of the Historic Preservation Board
Regular Meeting of December 10, 1987
Page Two
Note to Reader
The undersigned is the Chairman of the Historic Preservation Board and the
information provided herein are the Minutes of the meeting of said body of
December 10, 1987, which Minutes were formally approved and adopted by the
Historic Preservation Board on
Board Chairman
•
If the Minutes you have received are not con-plated as indicated above, these
are not the official Minutes of the Historic Preservation Board. They will
become official Minutes only after they have been reviewed and approved which
may involve some amendment, additions or deletions of the Minutes as set
forth above.
WIPP'
11\c61 leAik�$ t,
AGENDA ttb
'
HISTORIC PRESERVATION BOARD
THURSDAY, DECEMBER 10, 1987 AT 8:00 A.M.
CITY MANAGER 'S CONFERENCE ROOM
1) Call to Order
2) Roll Call
3) Approval of Minutes
4) Guest
5) Discussion - Historic Districts
a) Old School Square
b) Del-Ida Park
6) New 'Business
7) Old Business
8) Adjourn
AGENDA
HISTORIC PRESERVATION BOARD
THURSDAY, JANUARY 14, 1988 AT 10:30 A.M.
1. Meet at City Hall 10:30 a.m. (Parking Lot)
* 2. Lunch and meeting Carlisle Hotel 11:30 - 12:30
3. Tour Art Deco District 12:30 - 1:30 p.m.
4. Adjourn
* CARLISLE HOTEL, ART DECO DISTRICT
1250 OCEAN DRIVE, MIAMI, FLORIDA
MINUTES OF THE HISTORIC PRESERVATION
SOCIETY BOARD MEETING OF JANUARY 14, 1988
Members Present: Others Present:
Clemmer Mayhew III, President Kathi Sumrall
David Nathanson Nancy Davila
Patricia Healy Dorothy Ellington
C. Spencer Pompey Bob Currie
Members Absent:
David Martin
Evelyn Eberts
This Luncheon Meeting was held at the Carlyle Hotel, Miami Beach
at 12:30 P.M.
The Guest Speaker was Richard Hoberman, President of the Miami
Design Preservation League, who brought members up-to-date with
the current situation in the Art Deco District.
The Meeting was called to order and Minutes of the meetings of
October 1 and December 10, 1987 were approved. The Minutes of
the November Meeting were not presently available.
Mr. Mayhew informed members that it was decided that Delray Beach
would not be a Main Street Town. The Board has made every
attempt to be so designated and should not give up on this project.
At a recent C.R.A. Meeting concerns were expressed about buildings
across from Old School Square.
A discussion followed on the four tours through the business
district planned for March, sponsored by Red Carpet Travel.
The Board considered the possibility- of Pat Healy attending a forth-
coming conference in St. Augustine on the technical aspects of
preservation. Mr. Pompey proposed that the Board pays the total
expense of her attendance at this workshop in the form of a cash
advance, and the motion was carried that Ms. Healy should be our
representative at this conference.
Mr. Pompey raised the subject of the neglect of the black section of
Delray Beach. He feels that this is the oldest section of the City
and that markers on older homes, churches, etc. would help to unify
the community. Mr. Nathanson suggested that local residents
petition the Board for consideration.
There being no further business, the Meeting was adjourned after
agreeing that the next meeting should be on February 11, 1988 at
8 :00 A.M. at the Colony Hotel.
Minutes of the Historic Preservation Board
Regular Meeting of January 14, 1988
Page Two
NOTE TO READER
The undersigned is the Chairman of the Historic Preservation Board and the
information provided herein are the Minutes of the meeting of said body of
January 14, 1988, which Minutes.,1were formally approved and adopted by the
Historic-Preservation Board on ,-'-!': „ :_ / (r ! (' rf rl
II •
`
K
Board Chairman
•
If the Minutes you have received are not completed as indicated above, these
are not the official Minutes of the Historic Preservation Board. They will
become official Minutes only after they have been reviewed and approved which
may involve some amendment, additions or deletions of the Minutes as set
forth above.