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Minutes 03-10-92MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 10, 1992 AT 7:00 PRESENT Maurice Rosenstock, Chairman Gary Lehnertz, Vice Chairman Nathan Collins Murray Howard Marilyn Huckle Shirley Stevens William Cwynar, Alternate David Katz, Alternate ABSENT Cynthia Greenhouse (excused) Chris Cutro, Planning Director Tambri Heyden, Senior Planner Mike Haag, Zoning & Site Devel. Plan Admin. Mike Kazunas, City Engineer Yamile Trehy, Asst. City Attorney PLEDGE OF ALLEGIANCE Chairman Rosenstock called the meeting to order at 7:04 p.m. and led the Pledge of Allegiance to the Flag. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Rosenstock acknowledged the presence in the audience of Vice Mayor Harmening and Commissioner Aguila. He also announced the presence of a court stenographer from Jessica Berman's office representing Michael Rubin. AGENDA APPROVAL Since there were no additionsr corrections or deletions to the agenda, the agenda was accepted as presented. APPROVAL OF MINUTES Marilyn Huckle moved the approval of the minutes of the February llth meeting as presented, Mr. Cwynar seconded the motion which carried unanimously. C~4MUNICATIOI~S AND ANNOUNCEMENTS Chairman Rosens~ock stated he was in possession of a memorandum regarding the absence of Cynthia Greenhouse and submitted it to the Recording Secretary to be placed in the file. MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 10, 1992 A, Report of the Planning and Zoninq Department Chris Cutro reported that at the February 18th City Commission meeting the time extension for Boyn5on Nurseries PUD was approved through April, 1993. The service station ordinance was approved on first reading and the expansion of the non-conforming struc- tures in the downtown area was approved on second reading after some minor modifications. At the March 3rd City Commission meeting, the gas station ordinance was approved on second reading. Mr. Cutro reminded the members of the Planning and Zoning Board to submit their checks to him for their subscriptions to the Planning Commissioners magazine. Chairman Rosenstock announced that because of the large number of people in attendance, it would be necessary to follow certain guidelines throughout the meeting. He explained that the Board is willing to hear everyone's opinion if it differs from previous speakers. The Board will no= be impressed by repetition. After polling the audience, it was determined that approximately twelve people would speak. No time limit will be set~ however, a speaker will be stopped if he is rambling. Questions will be answered at the end of the public hearing. All members of the Board agreed with Chairman Rosenstock's guidelines. OLD BUSINESS A, PUBLIC HEARINGS REZONING (Continued February 11, 1992) Project Name: Agent: Owner: Location: Cedar Grove PUD Julian Bryan Cedar Grove Investments, N.V. The east side of South Seacrest Boulevard, approximately 100 feet south of SE 31st Avenue (South Seacrest scrub site) Description: Request to rezone 53.69 acres from R1AA, Single Family Residential and R2, Single and Two Family Residential to PUD, Planned Unit Development to allow for the construction of 234 dwelling units, comprised of single family dwellings and duplexes. Chris Cutro stated that the City is aware of the fact that this particular site is on the purchase list from the County for the 2100 million bond issue. However, the City canno= stop this MINUTES - PLANNING AND ZONING B~kRD MEETIN~ BOYNTON BEACH, FLORIDA MARCH 10. 1991 applicant from applying for a rezoning of the site and further developing it. This application has been delayed for five months in order to get the package in order. The applicant is in compliance with the laws to allow this application to go forward. Mr. Cutro pointed out that while City staff recommends approval of this application, that approval should not be considered an endorsement of developing the site. Staff has worked with the County to enable them to purchase this parcel. Although we must review this application, we are also supplying the County with the necessary information for purchase. The application has been rec~mmesded ~or approval because they have complied with the City ordinances. T~mbri Heyden, Senior Planner with the Planning and Zoning Deparment, made the presentation. The proper%y is located on SSacrest Boulevard opposite the Mission Hill subdivision. The zoning of the property is R1AA, a Single-Family Residential district on the fron~ (western) 43.34 acres of the site, and R2 on the easLern portion of the site which is approximately 10.35 acres. In reviewing an overlay, the surrounding properties were reviewed. On the north of the property is Sky Ranch Estates which is zoned R1AA. This allows single-family homes with a minimum lot size of 8,000 square feet. Also ~o the north is the Josephine Latino subdivision which is zoned R2. This allows single-family homes and duplexes. The minimum lot size for the duplexes is 4,500 square feet. The minimum lot size for single- family homes is 6,000 square feet. The FEC Railroad Right-of-Way is located to the east along with many uses from residential to general commercial. To the south is an R1A zoning district which allows a minimum lot size of 7,500 square feet and to the south- wes5 is St. Joseph's School and Church. Seacrest Boulevard and the Mission Hill subdivision, which is zoned Ri/LA and allows single-family homes on a lot size a~ a minimum of 9,000 square feet, are located to the west. The applicant requested the change from R1AA to PUD (Planned Unit Development). A master plan was required to rezone to PUD. The masker plan sets forth guidelines for future development of the site. An overlay of the master plan was reviewed. The master plan proposes 234 units located on three different tracts which range from single-family homes of 6,000 square feet, 4,000 square feet on the third tract, labeled villa homes. If single-family homes are constructed on this third tract, a minimum of 4,500 square feet will be required. Since a comparison of the proposed master plan design to the location and internal PUD snandards of the City's regulations is necessary, the critical standards were discussed by Ms. Heyden. Those standards include access, internal traffic flow, drainage, recreation and preservation. MINUTES - PLANNING AND ZONING BOAP. D MEETING BOYNTON BEACH, FLORIDA MARCH 10, 1992 The primary access point into the PUD is an access road off Seacrest Boulevard. That road will serve the three housing tracts and culminate in a cul-de-sac. It will be 60' in width and it will be a private right-of-way. Branching off this is a 50' right-of-way which links the project to the existing streets to the south. These widths are subject to change. It was pointed out that the Fire, Police and Planning Departments have raised two issues. It is necessa=y to have a secondary access which will eliminate the crush of traffic during emergencies and evacuations. Also, if a public park is dedicated, public access to the pa~k is required. The issues of a secondary access and public righ~s-0f-way are important because of the limited off- site road improvements which are required. Based on the number of trips which are generated by the number and types of units, the only off-site r~ad improvement required is a left-turn lane on Seac~est BOulevard. TEe problems along seacrest Boulevard and the issues b~ought forth by the Fire and Polic? Departments will net be remedisd until Seac~est is widened. This widening is scheduled by the County in'the~ y~ear 2010. The City's traffic element reflects a three-lane improvement by the year 2000. In light of future improvements, staff recommends money be put into escrow on platting for a t~affic light at the intersection of the project access road on Seacrest Boulevard. With respect to the City's Concurrency Management Ordinance, master plans must be reviewed for concurrency against drainage, neighborhood parks and 5raffic levels of service. Drainage must be contained on sitei Drainage cannot be diverted ~o the pre- servation area. The Engineering Department feels the proposed land use, site topography and soil conditions will allow for compliance with the drainage level of service. Based on the number and type of units proposed, 4.212 acres ~s required for parks and recreational purposes. No recreation area is identified on the overlay. The applicant proposes to pay a fee in lieu of this dedication. As stated in the City's Comprehensive Plan, land dedication is required for this parcel. The Comprehensive Plan also permits a 50% credit towards parks and recreation dedication. In considering this, staff recommends that a maximum credit of one (1) acre for the preservation of native habitat, be granted so that 3.212 acres be dedicated. If a park is not dedicated, acceptance of a fee equal to the value of 3.212 acres shall be required as a second-choice option. MS. Heyden pointed out that the issue of native habitat is a major concern. This land is called the Seacrest Scrub because it · s a type of native ecosystem called Florida Scrub. Florida Scrub ~s on the verge of non-existence within subtropics. For this reason, the Comprehensive Plan Future Land Use map desig- nates this site a conservation overlay district. This means that - 4 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 10, 1992 development of the property must comply with the conservation element. The applicant's ecological consultant has advised the preservation of the eastern 1.5 acres. This would satisfy the minimum 25% of the Total Scrub habitat. The reason for the selection of the eastern portion is because of the protected ani- mal and plant species on the site which include the Florida Mouse, Gopher Tortoise, Florida Scrub Jay, Scrub Mint, Scrub Palmetto, Sand Spiked Moss, Giant Wild Pine, Wild Pine, and Pine Seaweed. These are located within the open sandy areas which exist within 50% of the eastern and central portions of the site. Small scale disturbances have allowed coloniz'ation of several of these Plau~t speci~ and utilization by Scrub Jays. This eastern portion has experienced minimal disturbance and contains Champion Sand Pines. Staff ~oncurs with the applicant,s request to pre- serve this eastern portion of the site. This will provide a greater means for survival when combined with a management plan. That plan will have'to include a plan for relocating the Florida Mouse and the Gopher Tortoise, prior to construction. The Florida Scrub Jay ~st be retained ~n site since relocation of t~is 'species has,no{ been considere~ in the Past. These reloca- tion plans are subject to approval by the Florida Game and Fres~ater Fish Co~mission ~d the U. S. Fish~ and Wildlife Service. An overlay not the proposed PUI It analyzed the pot~ dwelling units unde] posed PUD. It was ~ stated in terms of ¢ units in gross acre sidewalks, common o~ district densities ~ table was viewed at the meeting to address whether or ~ is compatible with surrounding land uses. ~ntial l~t sizes in number and type of the existing zoning with that of the pro- ,ointed out that land use categorIes were ross density. This is the relationship of ge which includes areas for rights-of-way, en space, drainage facilities, etc. Zoning re stated as net density. Net density is the relationship betwee~ the number of dwelling units and the total of all the lot area~. The table provided a conversion from net density to gross density. Using the conversions, it is concluded that under the proposed zoning, there will be a yield of more units than if t~e ~operty were developed under the existing zoning, This ocour~ because of the smaller minimum lot sizes proposed. Since no lot layout was permitted, verification cannot be made whether the total number of units proposed can be accom- modated on the site. The gross density proposed, 4.36, is con- sistent with the maximum density allowed under the Comprehensive Plan of low-density residential. It can be argued that the pro- posed zoning is unrelated to the surrounding zoning district ~hich allows sizes ~rom 9,000 square feet to 8,0~0 square feet. There are several pqiicies in t~e Comprehensive Plan which sup- port the proposed ~D a~d the minimum development criteria. ~olicy 4.3.3 of theComPrehensive Plan encourages incentives to maximize the preservation of natural areas. On March 12, 1991, MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 10. 1992 voters approved an Envmronmentally-Sensitive Lands bond issue referendum to acqumre environmentally-sensitive land in Palm Beach County. Fourteen (14) sites have been selected ~and this Seacrest Scrub is one of those sites. This site has been included in the first round of sites selected for appraisals and is the subject of an active application before the State for a matching grant with the Florida Communities Trust. The Planning and Zoning Department has provided technical assistance to the County in preparin~ the application consistent with Comprehensive Plan policies.' ~s wil~ not be released until'early next year. If the parcel'is threatened by development prior to the County receiving the State fun~s or if the County is not granted the S at~ funds, the Cou~.ty will acquire the parcel with the Environmentally SenSitive Lands bOnd money. Based on the analysis and st~ff report, this application is consistent with the Comprehensive Plan policies and the Planning and Zoning Departmept recommends approval of the request subject to ~11 staff comments. ' Gary Lehnertz questioned Ms. Heyden with regard to the Ordinance regarding the preservation of 25% of native land. He wondered why the City chose to give the one (1) acre credit. Ms. Heyden responded that the recommendation for credit is part of the sup- port documents of t~e Comprehensive Plan. In looking at the ~ site, staff feels it is worthy of the credit taking into account the large amount of land to be preserved. Mr. Lehner=z also feels that the City permitted g~eater density because the appli- cant is preserving t~e land, w~ich is a requirement anyway, and asked if that was a true conclusion. She responded yes. With regard to Seacrest ~oulevard where it narrows to two lanes, he understood that wit~ concurrency, this needs to be widened prior to or ih conjunction with the issuance of building permits. Ms. Heyden stated this is not correct. Level of service "D" is con- sistent-with the adppted level of service the City has set forth for the right-of-way. The level of service will not be lowered. William Cywnar asked if surveys were done regarding how much is a preserve area. Surveys have been done and submitted. Approximately eight (8) acres of the site have been termed "disturbed". Mr. Cwynar explained that in researchinq this subjecs, mn talking with the State, if you own a piece of l~nd containing Gopher Tortoises, the Stat9 wants to know if there are Gopher Tortoise snakes living in th~ burrows made by the Gopher Tortoises. If the snakes are present, then the owner is a~ked not to disturb them or move the Go~her Tortoises. If the snakes are not pre- sent, they will allow you to do as you please with the Gopher Tortoises. Mr. Cwynar asked for clarification on this statement. - 6 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 10, 1992 Kevin Hallahan stated the snake is an Indigo Snake which is a protected species. None of these snakes have been found at the site. He explained that when the Indigo snake is found, they can be relocated just as the Gopher Tortomses can be relocated. However, if they don't find the snakes, it does not preclude Fish and Game from deciding exactly what happens to them. There are five criteria used in this determination. In this case, they will attempt to preserve 25% of the site which will allow them to prote~t approximately 10 Gopher Tortoises. If a snake is found, it does not mean the site is protected nor does it mean it is not protected. Mr. Cwynar wondered if it is possible to relocate Scrub Jays. Mr. Hallahan answered that Fish and Game does not permit relocation of Scrub Jays. Nathan1 Collins wondered about the projected buildout date. Ms. Heyden believes that will be 1995. He also questioned whether or not the City can handle the utilities. Ms. Heyden stated there will be no problem with potable water and sanitary sewer. M~rr&y Howard skated that he noticed the word "adequate" regarding drainage, will this be sufficient =o take care of the entire plot? Mike Kazunas, City Engineer, stated this is suf- ficient to meet the level of drainage required. He pointed out that no construction plans have been provided with the master plan. The ultimate design will have to be reviewed by South Florida Water Management District. There will be no increase in runoff on the site. Mr. Kazunas does not foresee any problems. Nathan Collins asked if there are any fi]utes available regarding the projected tax base. No analysis has been done. Mr. Collins would be interested in learning more about this aspect of the project. Chairman Rosenstock feels no tax consideration should be given in deciding this case. MarilynHuckle referred to Page 14 of Ms. Heyden's report regarding whether or not the County is granted the funds to acquire the land. She feels that statement is very specific with regard to the purchase of this land by the County. Mr. Cutro said that the County wants to maxlmmze the amount of dollars from the bond issue. The application to the Florida Communities Trust Fund was sent to Tatlahassee and returned. It was updated and improved and returned to Tallahassee. The closing date on this application is.April, 1993. If the building permits are ready to be pulled, the County has indicated that they will probably approach the developer, buy the site and continue with the appli- cation in order to be post-funded. However, in order to do this, they must be under threat of development. Mr. Cutro believes that by changing to PUD, while you are enabling the developer to go forward in the process, you are not permitting him to develop the site. He still must go through preliminary plat, final plat - 7 - MINUTES - PLANNING AND ZONIN~ BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 10, 1992 and building permit reviews. This can take three to nine months. Ms. Huckle pointed out that the County is being very definitive. She further pointed out that no figures were included with regard to the value of the land and wondered if Mr. Cutro had any indi- cation of that value. Mr. Cutro was unaware of the value. Shirley Stevens asked if any figures are currently available under the present zoning and whaL the value will be if it is rezoned. Mr. Cutro stated there are no figures available. Kat~_leen Brenna~ of 2~08 ~ Way, a Senior Environmentalist with palm Beach C~n~,-a~dre~sed ~he tax assessed value of the land. The latest tax assessed value is $1,561,000. This figure might have changed recently; however, it is the one which was placed on the application submitted for the grant. WllliamCwynar asked Chris Cutro if this application is in compliance with the City's Codes and Comprehensive Plan. Mr. Cutro responded affirmatively. Mr. Cwynar pointed out that at the last Planninq and Zoning Board meeting, Ms. Trehy explained two cases before t~e Florida Supreme Court pertaining to planning and zoning matters. He clarified that if an applicant brings a petition before a Planning and Zoning Board and it mee=s the criteria of the current planning and zoning Codes and the Comprehensive Plan, unless the Planning and Zoning Board can make a definite determination and state a factual violation of those Codes, the application must be granted. Ms. Trehy restated the case of Schneider and Schneider in Brevard County. J~lian Bryan, a Planning Consultant, represented the applicant. Mr. Bryan resides in Boca Raton, Florida. He stated this has been a thoroughly reviewed application. He requested time at the end of the meeting to respond to questions. With regard to road improvements, the traffic study indicated %he necessity for a left-turn lane. That would create impervious area and staff has requested that the applicant provide drainage for that area. The applicant has no problem with this require- men~. None of the drainage would drain into the 11.5 acre pre- serve area. Regarding the traffic signal to be provided by the applicant, it has not been demonstrated to be necessary at this point. The applicant asks that when the plats come before the City for review, a determination should be made to reveal what portion of the traffic is generated as a result of this develop- ment and that it pay its fair share. It is possible that no signal will be necessary and it would not be appropriate for the bond to lie on the table in perpetuity. MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 10, 1992 Regarding parks, Mr. Bryan referred to the master plan. The applicant initially proposed an area in the rear of approximately three acres which would meet the requirement. This area abuts a street and the applicant felt it would be appropriate to provide the park adjacent to the preserve. Staff does not want this area to be contiguous and requested it be located on Seacrest Boulevard. The applicant has a problem with this being on Seacrest. After many discussions with staff, they felt that if the applicant did no% want to dedicate three to four acres in the fron~ of the property, they should then be r~quired to pay a fee in lieu of th~ d~dic~tion. This is the apPli6ant's plan at the present time. Regarding density, Mr. Bryan referred to an aerial photograph. He picked out an area of 53.69 acres and counted the number of dwelling units and there were 231 dwelling units contiguous to this property. Chairman Ro~e~tock stated that he has listened to other devel- opers and is not happy to hear money in lieu of a park, natural preserve or facilities. He can't help thinking that we would not have the Grand Canyon or Yellowstone National Park if an oil or timber company decided to put up millions of dollars in lieu of the facilities. Chairman Rosenstock wondered if the applicant has an alternative to this plan. Mr. Bryan stated they would like to provide the park at the rear of the property adjacent to th~ preserve. He feels this should be a public benefit with school children and others permitted access to the preserve. The applicant is opposed to the three (3) acres on Seacrest Boule- vard because it would be detrimental to the marketability and usability of the property. Chairman Rosenstock asked Mr. Bryan if the applicant would be amenable to less density if asked to do so. Mr. Bryan was unable to answer that questTon, but stated the applicant desires to have something compatible with the neighborhood. Marketability can be affected by the density. They are willing to discuss anything which is reasonable. In response to Mr. Cwynar's question, Mr. Bryan stated that the projected price range for these homes will be approximately $100,000. Mr. Howard asked for clarification on the park. be part of the preserve? It would be adjacent and the acreage would be adjusted. Would the park to the preserve Regarding the report on schools, Mr. Collins wondered what has been done in terms of working with the School Board to help them achieve racial balance. Mr. Bryan stated this is very difficult - 9 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 10, 1992 to handle. While they realize the importance of selling to customers to achieve racial balance, they do not know how to accomplish this. Mr. Lehnertz questioned Mr. Bryan's client's place of business and residence and whether or not his client is the owner of the proper=y. Chairman Rosenstock expressed his opinion fha= these questions are out of order. As far as the business address, the client is Michael Rubin, who is an attorney located on South Dixie Highway in Miami, Florida. Mr. Lehnertz clarified that he doesn't believe that Mr. Rubin is the owner/controller of the property and he was attempting to find out who that person is. According to City records, Cedar Grove Investments is the owner. CHAIRMAN ROSENSTOCK OPENED THE PUBLIC HEARING. The following people spoke in opposition of this application: Michael Ferrara, 3507 SE 2nd Court Marilyn Billquist, 4335 Mockingbird Drive Maryann Raymond, 3112 S. Seacrest Boulevard Nancy Schrader, 119 SE 29th Avenue Rick Rossi, 625 Whispering Pines Road Stella Rossi, 625 Whispering Pines Road John McDonald, 921 SW 33rd Place Laura Eckerd, 178 SE 30th Avenue Mary Law, 3481 S. Seacrest Boulevard George Miller of Chapel Hill Boulevard Stanley Pavilotti, 110 SE 31st Avenue Robin Lewis, 314 SE 34th Avenue (A list of their questions will follow with some of the answers provided below the question. Other answers were addressed in Mr. Bryan's response.) Kat~.leen Br_e~%nan_ of the Palm Beach County Department of Environmental Resource~ Management, provided informario---n on the grant application. This Scrub is one of the fourteen sites designated by advisory committees and the Board of County Commissioners as having high priority for acquisition with bond funds. If the application is approved, Palm Beach County will provide half of the money for acquisition of the site, with the State providing the remaining half. The application was sub- mitted on January ~nd and it is a partnership application. It went to the Florida Communities Trust Program. An interlDcal agreement is being developed which would designate the respon- sibilities of each party. This application contains a letter from City Manager Miller to Karen Marcus, Chairman of the Board of County Commissioners and she quoted from the letter whereby the City requests this area be preserved. This application is now being reviewed and will be ranked. The ranking will be available in April. Public presentations on the site will be - 10 MINUTES - PLANNING AND ZONIN~ BOARD MEETIN~ BOYNTON BEACH, FLORIDA MARCH 10, 1992 held on April 29th. The conceptual approval will be given in late May or early June. The County is developing multi-party joint acquisitio~ agreements with the State. The bids for the ~ppraisal of the Seacrest Scrub are going out this week. The appraisals should come back in mid-May. As soon as conceptual ranking with the State is received, a joint acquisition agreement can be passed to begin the review process. The County has contracted with the Nature Conservancy to negotiate with the owners of the fourteen high-priority sites. The owners of Seacrest Scrub have been contacted to determine their interest in selling the property to the County. If State funding is not received, there exists the possibility of the County purchasing the property. RoHaDurando of 10~08 Heritage Farms, Lake Worth, represents the local~~o~. She is a membe~ the Land Selection Committee wklch selected the fourteen sites. She is also a member of the County Land Use Advisory Board. She feels it would be a mistake to take money from the developer in lieu of a park. If it is not located on Seacrest Boulevard, it should be located somewhere else on the site. It need not be adjacent to the pre- serve. Th9 preserve is left in its wild state. Cats and dogs invade these preserues and will destroy some of the species. Children can also destroy preserve areas. There needs to be controlled access in a preserve. The concentration of Gopher Tortoises is not where the developer is proposing the preserve. It is her opinion ~ha~ the Gopher Tortoise probably will not sur- vive in the area selected by the developer without a complicated drainage system. Dr: Fred_ Cichoc~_l from Boca Raton, is Chairman of the Coalition for Wilderness tsta-~.~ey have been workin for ei ht · g ears to bring about the native preservation in Florida. He wgas 'Ylnvited by Boynton Beach staff to consult in choosing a firm to do the Comprehensive Plan. He quoted a particular objective from the Comprehensive Plan to provide for the existence of 75% of the acreage, occupied~ . by an A-rated ecosvstem.~ One Of the ways to implement this is to have the City follow a program with respect ~o the protection of A-rated ecosystem sites. This may involve revision of site plans, subdivision, PUD and PCD regulations, That is th~ case for this site. This property is verv valuable Perhaps the Comprehensive Plan ' · - ' needs to be revisited. He also pointed ou~ that many of the species are not located on the site which the developer broposes for the preserve. He referred to some sketches showing locations of the species. He stated it is important,, jus5 from the Point of consissency, to revisit the environmental issue and stated it is premature to approve this application. - 1t MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 10. 1992 Dr. Iberson of 9555 Palmetto Park Road, is a biologist familiar with the native ecosystem sites through ~-~e County. She is co- author of the survey of the County for these sites. She also worked on Boynton Beach's plan. The reason the Seacrest Scrub is an "A" site is because as it ms, it represents the plant and ani- mal life of native ecosystems prior to development of the area. When you talk of a preserve on the site, and you discuss a small site, it does no~ necessarily preserve scrub. It may preserve a few of the animals and a few of the plants, but the species are at different locations on the site. Carl Terwilliger of 7210 Saddle Road, Lake Worth, represented the Palm Beach County-~h'a-~r of the Florida Native Plant Society. Their policy has been to preserve rather than to mitigate. They have worked long hours doing what they believe mn and feel it is time for the City Commissioners to work with them to preserve this land. Alan Parmalee of 4765 NW 6th Cou_qg~rt Delra¥ Beach, is Vice President Of t~-~R--~l~al--~--A~dubon Society. He explained that the birds of Palm Beach County are being reduced due to loss of natural habitat. He urge you to deny this for the preservation of wildlife. CHAIRMAN ROSENSTOCK CALLED A FIVE MINUTE RECESS AT 9:23 P.M. Upon return from the recess, the Board members introduced them- selves and announced the length of time they have lived in Boyn~on Beach. Besides expressing their feelings of opposition to destroying the Seacrest Scrub, many of those who spoke raised the following questions: 1. Why is the project buildout time 1995 when it only takes three to nine months to get the necessary permits? Unanswered. 2. Is it to the City's advantage to change the zoning? Mr. Cutro stated that the advantage is not specifically in the City's favor. However, the developer has the ability to propose this and the City will determine whether or not it meets the Codes and Ordinances. 3. Can the City stop the R1AA development of the site? What is the density of R1AA development? The City cannot stop the R1AA development of this site. If the developer submits a plat which meets the R1AA requirements, it would be reviewed and sent to the City Commission. Zoning is in terms of net density. PUD is in terms of gross density. The conversion charts show 250 units which excludes recreation and - 12 - MINUTES - PLANNIN~ AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 10. 1992 preservasion, when taking that recreation and preservation area into account, there could exist 179 units on the property. MS. Heyden pointed out that Mr. Bryan's earlier comparison did not take recreation and preservation into consideration. Is this rezoning a means to make the land more valuable in the eyes of the County or State? Chairman Rosenstock addresses this issue later in the meeting. 5. Regarding the one (1) acre c~edit, can't that be put into the preserve area? Unanswered. 6. In case of a hurricane, how will the water be contained within the PUD? Drainage requirements are set by the South Florida Water Management District. They are based on a three-day storm. case of a hurricane, no one would have the ability to drain. In Is is necessary to plan for retention ponds, and how large an area must be allowed for those ponds? Briefly addressed by Mr. Bryan. If the square footage for access roads is removed, how will the square footage of each lot be affected? Will the remaining square footage still be acceptable? Unanswered. 9. Will there be a large enough area in the preserve to allow for foxes currently at the site? Mr. Cutro was unable to answer this question. 10. Will SE 2nd Street go through this PUD? At this time, there is no plan to extend this SE 2nd Street. il. Is there a lot layout for this proposed PUD? There is no lot layout. be submitted. However, layout· According to Code, a lot layout should PUDs have been approved without a lot - 13 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 10, 1992 12. Will the developer be able to bulldoze the sand dune ridge and sell the sand to anyone he chooses? The developer cannot do anything to the land until all of the permits are in place. 13. How will people coming from Mission Hill to Seacrest be able to turn north? Unanswered except Mr. Bryan's reference to future traffic studies at the time of platting. 14. If you permit building, paving of roads and sidewalks, how much will that decrease the amount of water which can percolate down into the ground? Mr. Cutro was not able =o answer questions with regard to per- colation, but said the South Florida Water Management District and the Lake Worth Water Managemen~ District will have to approve the drainage plans. We rely on their expertise. 15. Why is there a change now whereby the City is not purchasing this Scrub site? Mr. Cutro explained that there has been no change in policy since the City is not involved with the bond issue. 16. Are we going backwards on lot sizes? According ~o Mr. Cutro, the lot sizes are smaller because of policies set fouth in the Cemprehensive Plan. The Plan says when a piece of land is to be preserved, there should be give and take in terms of the sizes of the lots. That is the reason for PUD zoning. 17. How will sewage be handled? Is the plant large enough to handle the additional load? As previously addressed by Tambri Heyden, Mr. sewer plant has enough capacity now and will this development. Cutro stated the be able to handle 18. Why should the park be located in the corner? The preservation site at the eastern corner was a site arrived at by the developer an~ the City's Urban Forester. It meets the preservation requirements for the 25% preservation of the endangered plant species. The Comprehensive Plan does not deal with animal species. - 14 - MINUTES - PLANNING AND ~ONING BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 10, 1992 Julian Bryan stated that drainage and traffic issues were thoroughly reviewed by City staff. He feels all of these issues have been addressed sufficiently to take the applicant through this process of rezoning to PUD. At the time of platting, detailed site engineering plans will be required. Pervious and impervious areas will be dealt with at that time. Methods of on- site retention and detention will be reviewed then including how to divert water away from adjacent properties. Regarding traf- fic, the roads are overcrowded and this issue will be reviewed au the time of platting. However, Mr. Bryan feels that perhaps if the applicant is not permitted to develop the land, then the next step would be acquisition. The applicant has never stated that he would not consider selling the property if an offer was made. The applicant is ready and able to have acquisition discussions. To date, there has been very little communication regarding this property. At this point, the fact remains that this property has rights which include being able to be developed. Chairman Rosenstock discussed the fact that people have a right to preserve their Environment and preserve an endangered species. He admitted that hE agrees with those in the audience 1000%. However because of his training, he must look at both sides. He explained that in tares other than Florida, if the State wants a piece of land, the, offer a price. If the developer refuses, they go into court' condemn it and have it adjudicated. That is not the case in Fi~ rida. The value of the property is established by a different means. In Chairman Rosenstock's opi- nion, the County and developer are playing a game. Until it is ascertained what will be put on the land, the County will not make a commitment to buy the land. The Planning and Zoning Board becomes involved in a Catch-22 situation. With regard to a deci- sion, staff recommendation was based on compliance with the Comprehensive Plan. The staff report cleariy states that this recommendation should not be taken as an endorsement. Chairman Rosenstock explained that in the past, he has had to make deci- sions which he did not like, but he has done so in compliance with the law. He hopes this will eventuall~ be acquired by the State or County. He feels all this Board w~ll be do~ing is establishing a price between the developer ~nd the County. CHAIRMAN ROSENSTOCK CLOSED THE PUBLIC HEARING. COMMENTS BY MEMBERS OF THE BOARD Gary Lehnertz mentioned that there have been school impact fees which have helped pay for additional educational facilities. Does that come in with the master plan? Ms. Heyden reported that the City does not collect fees for school. The City is respon- sible to notify the School Board when an application is received. The School Board is given the number and type of units proposed. 15 - MINUTES - PLANNIN~ AND ~.ONIN~ BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 10, 1992 MS. Huckle questioned Mr. Bryan as to whether or not the appli- cant would be willing to delay s few weeks until some of the land appraisals are received. Mr. Bryan pointed out that it would take at least three to nine months before a permit could be issued. During that review process, the applicant is willing to negotiate with anyone who contacts him. Ms. Huckle pointed out that an article in the Boynton Beach Times of March 9 mentioned the developer had already begun to plow the parcel and erect a fence. According to Mr. Bryan, those state- ments are untrue. During the presentations, Mr. Lehnertz noted pluses and minuses. He feels th~ schools in the area are at or over capacity, while this is not a direct cuncern, it is necessary to be aware of this fact. The 25% smaller along with the greater no~ feel the developer sizes because of the f site. He is concerned tance of "D" level sho traffic licht will not the preservation area, enti~e site is Used by should be preserved. lot size for the PUD concerns Mr. Lehnertz density which will be permitted. He does should have been allowed ~o lower the lot act that land will be preserved on the with the traffic situation. The accep- lld be reviewed by 5he City Commission. A make much of a difference. With regard to a small part is disturbed; however, the the wildlife and he feels 13.5 acres the Game Freshwater Fish Commission has reported that their %1 priority is to not relocate gopher tor- toises. They prefer tD maintain them on the site. Tke Scrub Jay lives in one area but flies to another to feed. They will disap- pear when this proper% is developed. In addition, there are other animals which live on this ~ite. If you preserve one small area, it is most likely it will not survive. There is a part of the Comprehensive Plan which points out one of the City's ob4ec- tives is to preserve 7-~ ' · ' · · ~ . ~o of the native hab~ta~ ~n the Cmty. Th~s has not been done. There are other alternatives which can be considered. Those ar~ transfer development rights, density use bonuses for preservatJ Dn of additional land, and multi-story buildings can be clust applicant and the City investigate other atte not duplicated any~her reduction of a ~ildlif will result in a dead ~red to save land. Mr. Leh~ertz feels the should review this application and rna%ives. The qualitie~ of this site are in Palm Beech County. We are facing the habitat from 53 acres to 11 acres which reserve area. Mr. Lehnertz feels this is an application which will destroy a unique natural resourc~ in Palm Beach County and possibly the Sta{e of Florida. This proposal should be closely analyzed and if this is developed, special privilege will have been granted to a property owner which is directly in opposition of public welfare. 16 - MINUTES - PLANNIN~ AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 10, 1992 Shirley Stevens has studied this application very carefully and is concerned with this proposal. The request by the School Board has not been fulfilled,. She does not believe higher density is warranted at this site. Drainage is a problem in that area now and this proposal does not address that problem. Traffic is a problem and Ms. Stevens does no= feel the citizens should have to live with "D" level of service. It is her feeling that the deve- loper should be required to widen the road to handle the addi- tional stress. Secondary access was no~ addressed in the proposal. She agrees with the report that a major disadvantage lth private streets tls that future road maintenance costs are usually undereStimateX] by h~meowners associa~ions who must main- tain them. Tke subjec~ of irrigation was not addressed. The ~an~gement Plan for the preserve is totally unacceptable. She Ieeis a park is necessary and would not accep~ a fee, in lieu of the park. The p~eserv~ is in the wrong area to protect the spe- cies. There are so ma~y deficiencies in the proposal and Ms. Stevens will not support the petition. Nathan Collins stated that all of the previous discussions by his colleagues summarize h~s feelings on this application. Murray Howard agreed with Mr. Collins and explained that drainage and traffic are major problems. Mr. Cwynar explained that he lives in Chapel Hill and now has to plan his trips because of traffic delays. He suggested the people present jointly offer to purchase the property from the applicant. He pointed out that much was discussed about this application, but it all boils down to the fact that this appli- cant has the right to make this application. Staff has exten- sively reviewed the application and the applicant has complied with the necessary requirements, He further pointed out that because of a past lawsuit and information which was presented by staff, he will vote in favor of this application. In response to Chairman Rosenstock's question regarding what would happen to the bidding for the acquisition of this proper~y if this application was denied through the City Commission, MS. Brennan does not believe the bidding would be affected. Ms. Brennan pointed out that owners have already entered into contracts without knowing the appraised value of their land. Motion Gary Lehnertz moved that the Board recommend DENIAL of the rezoning of Cedar Grove PUD, located at the east side of South Seacrest Boulevard approximately 100' south of SE 31st Stree=, known as the South Seacrest Scrub site for the reason stated by the Board. Shirley Stevens seconded the motion. 17 MINUTES - PLANNING AND ZONING BOARD MEE?ING BOYNTON BEACH, F~ORIDA MA~CH 10, 1992 Ms. Huckle stated she has every sympathy with those who spoke this evening. She hopes the area will be preserved and that a proposal can be made to the developer to purchase the land for that purpose. However, she is in agreement with Mr. Cwynar that the Planning and Zoning Board must uphold the laws of the City and make a recommendation to the City Commission based on those laws. This application is consistent with the Comprehensive Plan. She pointed out that no individual property owner would want that plan deviated from if this site belonged to them. She stated she has no alternative except to vote against this motion. Chairman Rosenstock is in agreement with Ms. Huckle's statement. The motion carried 4-3 to DENY the application. (Marilyn Huckle, William Cwynar and Chairman Rosenstock cast the dissenting votes.) Chairman Rosens=ock announced this application will be presented to the City Commission. Mr. Cutro explained this will be an agenda item for the first City Commission meeting in April. Mr. Cutro complimented the group in attendance for their control during the public hearing. Ms. Huckle complimented Ms. Heyden for the work done on this very extensive staff report. ADJOURNMENT There being no further business, the meeting properly adjourned at 10:45 p.m. Prainito Recording Secretary (Four Tapes ) 18