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Minutes 03-13-90MINUTES OF REGULAR MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MARCH 13, 1990 AT 7:30 P. M. PRESENT Robert Walshak, Nathan Collins, Vice Chairman Gary Lehnertz Daniel Richter Carl Zimmerman Denys "SamM DeLong, Dee Zibelli, Chairman Jr., Alternate (Voting) Alternate (Voting) ABSENT Harold Blanchette (Excused) Murray Howard (Excused) Tim Cannon, Interim Planning Director Jim Golden, Senior Planner Tambri Heyden, Assistant City Planner Scott Elk, City Attorney Chairman Walshak called the meeting to order at 7:30 P. M. Following the Pledge of Allegiance to the Flag, he intro- duced the Planning Staff, Members of the Board, and the City Attorney. He recognized the presence in the audience of Former Mayor Ralph Marchese and James Cherof, City Attorney. AGENDA APPROVAL Mrs. Zibelli moved to accept the Agenda as presented. Mr. Lehnertz seconded the motion, and the motion carried 7-0. APPROVAL OF MINUTES Minutes of Regular Meeting Held February 13, 1990 Minutes of Special Meeting Held February 16, 1990 Mr. Richter moved to approve the Minutes of the Regular Meeting held February 13, 1990 and the Minutes of the Special Meeting held February 16, 1990 as presented. Vice Chairman Collins seconded the motion, and the motion carried 7-0. COMMUNICATIONS AND ANNOUNCEMENTS None. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 OLD BUSINESS A. PUBLIC HEARINGS (Continued February 13, 1990) PARKING LOT VARIANCE 1. Project Name: Agent: Owner: Location: Description: Palm Beach Leisureville Recreation Center $3 Siteworks Architects and Planners, Joseph & Alfred Campanelli S.W. t3th Avenue at S.W. 20th Street, southwest corner Request for a variance to Sections 5-142[i)(1) "Standards" and 5-142(1) "Parkin9 Lot Striping" of Article X Parking Lots. Jim Golden, Senior Planner informed the Members that the applicant had resubmitted a site plan. The addition had to be relocated as it would have been over a sanitary sewer main. At the last Technical Review Board (TRB) meeting, it was noticed the relocation of the building at the area chosen would create a setback encroachmenn. Therefore, Mr. Golden recommended that the public hearing be continued until the April meeting. Mr. Zimmerman moved to continue the Public Hearing on this item to the meeting of April 10, 1990. Mrs. Zibelli seconded the motion, and the motion carried 7-0. REZONING Project Name: Agent: Owner: Location: Legal Description: Description: Boynton Nurseries Delfin F. Menendez & Roger Saberson Boynton Nurseries Lawrence Rd. at the L.W.D.D. L-21 Canal, northwest corner The S½ of the SW~ of the NE}; the SE~ of the NE~ and the Sa of the NE~ and the S½ of the NE~ of the NE¼, all in Sec. 13, Twp. 45 South, Range 42 East, Palm Beach County, Florida Request for rezoning from AG (Agriculture) to a Planned Unit Development with a Land Use Intensity = 4 (PUD w/LUI=4) Tambri Heyden,~ Assistant City Planner, read from the Planning Department's Memorandum No. 90-052 dated March 7, 1990, which was addressed to the Board.-(See Addendum A attached - 2 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 to the original copy of these minutes in the Office of the City Clerk.) She limited her presentation to discussions of the master plan design and to several key Comprehensive Plan policies and Code requirements, which had not been reflected on the master plan. A copy of a letter from K. S. Rogers, Consulting Engineer, Inc., 1495-Forest Kill Boulevard, Suite F, West Palm Beach, FL 33406, dated March 13, 1990, had been distributed to the Members. As a result of that letter, Ms. Heyden said the six laning of Congress Avenue from Miner Road to Hypoluxo Road would not be required. (See Addendum B attached to the original copy of these minutes in the Office of the City Clerk.) Ms. Heyden read what would be required from the Planning Depar%ment's Memorandum No. 90-053, dated March 9, 1990. (See Addendum E attached to the original copy of these minutes in the Off'ice of the City Clerk.) Ms. ~eyden stated most of these improvements were either assured or in the process of being assured. It was recommended that the application for rezoning be approved, subject to the Comprehensive Plan policies outlined under item "a" of the section entitled "Issues/Discussion o~ Addendum A, the staff comments contained in Addenda C through F inclusive, which are attached to the original copy of these minutes in the Office of the City Clerk, and to the following staff comments: Engineering Department 1. Provide established center line elevations for all adjacent streets and rights-of-ways. Sec. 4.C.8. 2. Indicate the p~oposed layout of the lots and blocks. Sec. 4.C.10. 3. Indicate on plans utilities such as telephone, power, water, sewer, gas etc. on or adjacent to the tract, including a statement on plans that all utilities are available and have been coordinated with all required utilities. Sec. 4.C.17. Police Department 1. Main loo~ road remain public. 2. Southbound right turn lanes at both entrances. - 3 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 Office of City Attorney Raymond Rea, Former City Attorney, by memo dated January 12, 1990, wrote that he reviewed Mr. Golden's memorandum and attachments and found they met the requirements of Sec. 6 of Appendix B of the Code of Ordinances. Questions by Members Mr. Richter referred to the road impact requirements and commented that they all seemed to be south of 22nd Avenue. This project is north of 22nd Avenue on Lawrence Road. He thought they would be more concerned with everything on Lawrence Road rather than Congress Avenue. All of the other roads seemed to be insignificant to this project, other than t~ey might have some traffic toward that direction. ~n. Richter did not understand why they were getting road ~provements for ~he higher areas. Mr. Cannon replied that a~parently, those-~inks and intersections are functioning at th~ levels of service specified in the County's Traffic P~rformance Standard Ordinance, which is Level of Service (BOS) "C" on the links on an average annual basis and "D" at the intersections at peak hours. Mr. Richter questioned whether this meant if anybody does anything any place in the City, it will impact the whole Congress Avenue corridor and Boynton Beach Boulevard. Mr. Cannon answered t~at any project that generates more than 500 trips a day will have to submit a traffic impact analy- sis. If the levels of service he mentioned cannot be main- tained and if the ~roperty puts more than 1% capacity of roadway on any link,-improvements will have to be made either to the link or to the intersection, whichever is required. The improvements required for any particular project are a fu~nction of the levels of service established by law and by t~e trip distribution. Mr. Richter and Mr. Cannon further commented about Lawrence Road and Congress Avenue. Chairman Walshak did not think the City's Engineer was taking into consideration the miss- ing link in the opening of Miner Road. He thought that would cure some Cf the traffic link congestion problems. Chairman Walshak expounded on the need of an Engineer in the City and further commented about Miner Road, Knollwood~, and Citrus Glen. Mr. Richter read from page 2 of Ms. Heyden's comments that building permits for dwelling units cannot be issued for the proposed project until contracts have been let for the required roadway improvements as outlined above. (See - 4 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 Addendum E attached to the original copy of these minutes.) Mr. Richter noted the improvements included not only the left turn lanes that were mentioned but the six laning of Congress Avenue from Boynton Beach Boulevard to Miner Road, the six laning of Congress Avenue from Miner Road to Hypoluxo Road, the four laning of Old Boynton Road from Knuth Road to Lawrence Road, and the six lan~ng of Boynton Beach Boulevard from Old Boynton Road to 1-95. Mr. Richter asked if all of these improvements must be done before the applicant can build. Ms. Heyden replied they must be assured. She i~formed him that the improvements with asterisks by them were-assured. Different projects will have the same require- ments. It is possible this project will only be required to build the turn lanes. Chairman Rea, the it. Walshak questioned the memorandum from Raymond former City Attorney, and asked Mr. Elk to look at Vice Chairman Collins looked at the section on schools and wondered what kind of impact this would have on the neighboring schools, based on all of the houses being put in the different areas. Ms. Heyden referred him to the letter dated February 15, 1990 from the School Board, which spelled out what the impact would be. Vice Chairman Collins also wanted to know what the cost per unit would be if someone wished to buy a house. The way Mr. Lehnertz interpreted the traffic analysis, it was saying Lawrence Road would not be impacted by this development. He questioned whether the traffic studies took into account the other developments that had already been approved but were not going to build out yet. Ms. Heyden answered affirmatively. She added that the studies were saying the development was impacting Lawrence Road but not to the point where it was triggering four laning of Lawrence Road. From reading the School Board's letter, Mr. Lehnertz under- stood the schools in the area are already overcrowded and impacted. This development will further impact the schools but he saw nothing from the applicant or the City that addressed this. Miss Heyden thought the school was pursuing policies to make this a requirement. Mr. Lehnertz thought there should be school performance standards like there are road performance standards, and he explained. Further comments about schools were made. - 5 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 Roger G. Saberson, Esq., 110 East Atlantic Avenue, Delray Beach, FL 33444, representing Boynton Nurseries, was sympathetic to the school issue but he thought a uniform, consistent policy should be applied across the board. He stated there is a brand new, as yet unopened school directly across the street from this project, and no mention was made of that at all. Their kids cannot go to that school. When Mr. Saberson was previously before the Board on Citrus Park, a letter was specifically directed to the School Board on whether their kids %~ould be able to go the school. They were told their kids must be bused, which he did not think was right. Mr. Richter referred to item 2 in the Planning Department's Memorandum 90--053 (Page 1 of Addendum E) regarding the bond for the signalization to enable safer pedestrian movement from this ~roject to Palm Beach County School "P" located on the opposiite side of Lawrence Road. ~e remarked they did not know whether those children would be allowed to go to that school. Mr. Saberson replied that so far, the develop- ment's ki~s cannot go to that school, but the developer is to provide 50% of the bonding of the cost for a pedestrian light to ~ontrol the kids going across the street. It did not make ~ense. Mr. Richter agreed. Chairman Walshak asked if Mr. Saberson was in agreement with all of the staff comments. Mr. Saberson questioned the last paragraph ~in the comments from the Fire Department. (See ~ddendum C.) ge recalled what had been discussed was that in the. event there was property damage done to their project or landscape due to emergency vehicles coming through, the developer .and property owner would not look to the City for damages. Mr. Saberson stated they are perfectly agreeable to that a~d are willing to enter into an agreement with the City to t~at effect, but he thought the language should be cleaned up. He understood the development had breakaway gates so emergency vehicles can drive right through them. ~f the~e ~s any cost incurred for them doing it, the project will bear t~e costs. That was their understanding, and they will agree to that. Mr. Lehnertz thought the Fire and Police Department memos made i~ clear that the main loop road should be a public road and not a private road. Mr. Saberson reminded everyone that this same issue came ~p when they talked about the Citrus Park project. At that time, they requested of the City that their project be allowed to have private streets due to the security concerns of potential buyers and in - 6 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 light of crime occurring. He passed out to the Members Policy 1.318 from the City's Comprehensive Plan and paragraph 12, which is contained in the City's subdivision regulations. Directing the Board's attention to the Comprehensive Plan policy, Mr. Saberson emphasized the words he highlighted, which said the City shall require that major collector roads in residential development projects be ~ned and constructed as public roads wherever possible. He noted the only road being discussed in terms of public or private was the loop road coming off of Lawrence Road. There are two entrances on Lawrence Road. Mr. Saberson could not see how the public wo~l~ benefit by going off Lawrence Road, through their residential project, and then ~o~t Lawrence Road. He major arterial roads l~ke Miner Road and N. W. 22~d Avenue. Arterial roa~s wouid~ be roads like Boynton Beach Boulevard, Congress Avenue, a~d~F~deral Highway, so this did not fall conceptually ~n~o~ what wo~ld'o~dinarily be termed a collector ro~d. I~ ~e~tainly is not a major collector road. Mr. Saberson did nQt think there would be a violation to the City's Comprehensive Plan policy if this was permitted to be a private road. The other provision he passed out to the Members was a provision in the Boynton Beach Code shown to them before, which.speci~ically said p~i~ate streets shall be permitted within property under single ownership, such as a property owners' association. Mr. Saherson thought the Ordinances on. the City's .books permitted the applicant to elect to have privat~ streets. The applicant wants that. and Mr. Saberson thought it would be a very important feature cf the development. Enrico Rossi, Engineer on the project, Rossi and MaTavaasi Engineers Inc:., 580 Village Boulevard, West Palm Beach, FL, apprised the Members that he had been coordinating with the Sturrocks in developing the master plan. It will be a community with single family homes and zero lot line homes. Mr. Rossi to.~d Vice Chairman Collins the prices will run from about $i25,000 to $150 000. The multi-~amily portions of the project will probably range between $90,000 and $120,000o Chairman Walshak asked how the Board Members felt about the road. Mr. Zimmerman could see why the Fire and Police MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 Departments want it to be a private road. However, he could also see why the developer would want security. Mr. Zimmerman thought it was a toss up. Mr. Lehnertz thought it should be a public road. This looked like a major collector road to him. It is collecting traffic ~rom the entire development and running it onto two places on Lawrence Road. As staff pointed out, there have been numerous cases where roads have been dedicated to ~omeowners' Associations. The Associations have not been able to keep them up, and they fall back on the City. Mr. Lehnertz saw no reason for permitting this to be a private road. Mrs. Zibelli agreed with Mr. Zimmerman. It did not matter to Vice Chairman Collins as long as the Fire and Police Departments would have access in the event of an emergency. Mr. Richter disagreed with Mr. Lehnertz, as he did not think this was a major collector road. Mr. Saberson confirmed Mr. Richter's understanding that the Homeowners' Association in this project would take the responsibility for main- taining the road. Mr. Richter saw no reason not to leave this as a private road. Mrs. DeLong agreed with Mr. Richter, as long as the Police and Fire Departments would have access. Chairman Walshak felt the same as Vice Chairman Collins. However, he thought the community should be given the opportunity of saying whether they wanted to shoulder the tax burden. Chairman Walshak thought it was a much smaller road than the one in Hunters Run and the one in Silverlake. The consensus of the Board was 6-1 that the road should be a private road. Mr. Lehnertz thought it should be public. Chairman Walshak asked Mr. Saberson if he had a problem with the hold harmless agreement being a deed restriction, and he explained why it should be a deed restriction. Mr. Saberson had no problem with subsequent purchasers being on notice of the requirement. He thought they could work it out to be in the nature of a public recorded agreement. Mr. Saberson asked whether it could be on the plat. Mr. Elk advised that would be binding on the property if the Comprehensive Plan had the delineation of the hold harmless on all subsequent owners of the property within that legal description, which would be the plat. Mr. Saberson was agreeable with the concept they discussed about what the hold harmless was about. - 8 MINUTES - PLANNING & ZONING BOARD BOTfNTON BEACH, FLORIDA MARCH 13, 1990 Mr. Saberson had no problems with the staff comments from the Engineering Department or with comment ~2 from the Police Department. Mr. Saberson requested relief from the second comment in the Planning Department's Memorandum No. 90-053 (Addendum E) due to the fact their kids are not permitted to go to Palm Beach County School "P". He wished to discuss the 6th and 10th comments in the memo but had no problems with the other comments. With reference to comment 96, Mr. Saberson said Comprehensive Plan Policy 5.5.5 does not mandate a public parkdedication. That provision in the Comprehensive Plan refers to a park dedication, a fee in lieu thereof, or a combination could be approved by the City. Mr. Saberson requested that the second comment be deleted. Vice Chairman Collins understood the School Board's position. The School Board is being caught in a tough situation because of the NAACP's proposal in terms of schools not be- lng equally divided between races. Vice Chairman Collins elaborated. Mr. Lehnertz pointed out that the school will have a playground and that will be a natural place for children in the development to play. He did not think the kids should cross Lawrence Road without signalization. Mr. Zimmerman thought the biggest school problems would be to the middle schools. Mr. Saberson suggested they leave the condition there but make it applicable in the event the children in the subdivision are permitted to go to the school. At that time, the si§nalization ~ould be warranted. If it would otherwise meet the Department of Transportation's (DOT's) requirements, that would be fine. Mr. Zimmerman thought that would be hard to control at a later date. Mr. Cannon advised they would have to set a time. Chairman Walshak asked whether the Board wished to give the applicant relief or if they wanted comment 92 to remain as it was. Mrs. DeLong asked if the School Board's property would have a fence around it. Mr. Saberson answered that 3/4 of it is fenced up to the front of the school. The rear area of the school site is! fenced, according to the site plans furnished to the applicant. The Members unanimously agreed comment ~2 should remain as it was. Chairman Walshak further commented. With reference to comment ~6, Mr. Saberson did not have a problem with the way the amount of acreage was computed. He asked that they be treated the same as other developers - 9 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 in the area. They have a private recreation facility of 2.84 acres for which they want credit, pursuant to the City's Subdivision Code. He wanted to pay the remainder of the required park compensatory payment to the City, as set forth in the Subdivision Code, rather than dedicating the park in the northeast corner of the property. He thought every developer that has been in sc far along this corridor has filed a similar approach with the City. Citrus Park, across the street, was permitted to do this, and Mr. Saberson s~ated this applicant wanted to do the same thing. Mr. Cannon responded it wasa question of whether the City would have a neighborhood park on the Lawrence Road corri- dor. This was theCity's last opportunity to' get a park dedicated~ Otherwise, the people would have to drive to facilities along Congress Avenue. Private recreation facil- ities do not provide all the facilities needed. Mr. Cannon explained. These facilities have to be locate~ somewhere. If the City does not have the land to buil~ the facilities, the City will' not be able to meet the ~eVeis of service in the Comprehensive Plan. Mr.. Saberson was not sure how he arrived at the conclus%on this was the ~as~ available parcel and the iast way the City Will ever .obtai~ia park here. If they took the dedication fram this p~oper~, together with the dedication that wiii be' reqUire~if~om ~he north, Mr. Cannon said ~he CitY would have about a fi%e acre parcel. Mrs. DeLong was willing to g® along with t~e reduction, as she thought recreation in the center made sense. Mr. Cannon reminded her it would be private recreation. According to the City, Mr. Lehnertz said the City ~s supposed to have 6.75 acres of park for this size area. Because they are part of a recreation area, they get 50% credit, which means they only need 3.38 acres. They are only ~edicating 2.84 acres, which means the City is coming out 1/2 an acre short. Mr. Lehnertz understood What they were doing was legal, but he felt public parks were an integral part of BoyntOn Beach. He did not think they should take money for public parks to put it somewhere else. Mr. Saberson advised this complied exactly with the City's subdivision requirements. A man in the audience wished to speak. Chairman Walshak informed him people zn the audience would be given an opportunity to speak. Mr. Richter recalled the City accepted a combination of funds in lieu of the dedicated land on the project across the street but half of 10 MINUTES - PLANNING & ZONING BOARD BOYIqTON BEkCH, FLORIDA MARC~ 13, 1990 their total land area would have been affected. That was not the case in this application. Mr. Richter felt it was a reasonable request of the City to try to get the 2.5 acres on the north side of the applicant's Pod "B" along Lawrence Road. He asked whether this could be worked out. Mr. Saberson responded the City was over the six acres, not under the six acres. ~nere are 5.3 acres of preserve area over and above the 2.84 acres of park, over and above the 3,375 acres of payment they would be required to make. This resulted in the City being over five acres for preserve area. Mr. Richter asked whether there would be an oppor- tunity for the City to trade some of the preserve area for recreational area. Mr. Saberson replied he could not respond without talking to his client. He added it may be possible for them to look at it when they get to the City Commission level. Mr. Lehnertz pointed out there was one problem in that the native preserve area and recreation area are almost at odds with one another. Discussion ensued about density and the preserve area. Chairman Walshak asked whether the Board wanted to hold the developer to the 3.375 acres or let the developer go to 2.84 acres and give the City money for an impact fee. The consensus was 5-2 in favor of letting the developer go to 2.84 acres and giving the City money for an impact fee. Mrs. Zibelli had no problem with dropping it to 2.84 acres, but she wished the City would use the fee for development of a park. Mr. Lehnertz felt the developer should dedicate 3.375 acres to the City for a park. Mr. Zimmerman did not think 3.375 acres was an unreasonable request. Mr. Saberson had no problem with the first part of comment ~10. He clarified they had no problem with the turn lanes but felt uncomfortable with the other conditions pertaining to Congress Avenue, Old Boynton Road, etc. Mr. Saberson suggested it would be best to defer that to the City Commission. They appeared before the Commission in regard to the Target store, and there was a long discussion about traffic improvements along Congress Avenue. Mr. Saberson told the Members this was the exact thing they were afraid of when they appeared before the City Commission in terms of who bears what responsibility. At that meeting, the two requirements Target had to comply with were the slx laning of Boynton Beach Boulevard from Old Boynton Road to - 11 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 1-95 and the six laning of Congress Avenue from Hypoluxo Road to Miner Road. The Commission did not require them to do either of these things. One link they were required to do was between N. W. 22nd and Miner Road on Congress Avenue. On a good portion of this area, Mr. Saberson said they are less than 1% of the traffic. They may be in the 2% range on the other portion. Mr. Saberson did not feel this project should bear the responsibility for those kind of major road- way improvements that are so far removed in distance from the project. Chairman Walshak thought they should leave questions of this nature up to the County and City Engineers. Mr. Saberson was not disputing that the roads would not be operating at the level of service. It was a question of the responsibility of a particular project as it related to the roads. He read the next to last paragraph from the Planning Department's memo (Addendum E), which said building permits for dwelling units cannot be issued for the proposed project until contracts have been let for the ~equired roadway improvements as outlined above. Mr. Saberson recalled Target was to post a bond for one link on Congress Avenue (N. W. 22nd Avenue to Boynton Beach Boulevard). He under- stood that link was the responsibility of the Boynton West project. Mr. Sabenson guessed it was an issue that should go the Commission. Discussion ensued about traffic and the area west of 1-95. Mr. Saberson stated he was not asking the Board to make any specific changes in the conditions right now. If the appli- cation was going to be approved, Chairman Walshak wanted it sent to the Commission with the proper language. Mr. Golden clarified that the turn lanes were recommended by the Consultant's Engineer, and they were reasonable. With reference to the slx laning of Congress Avenue from Boynton Beach Boulevard to Miner Road, commitments are on line to be assured by other developers. From Boynton Beach Boulevard to 22nd, it is a Planned Unit Development (PUD) on Military Trail. From 22nd to Miner Road, it is the Shoppes of Boynton. Those should be assured very soon. Once they are assured, Mr. Golden said it will be the responsibility of this developer to assure those improvements. Referring to the six laning of Congress Avenue ~rom Miner Road to Hypoluxo Road, Mr. Golden said the developer's impact is less than 1%. There was an error in the City Consultant's report. The City deleted that recommendation. - 12 MINUTES - PLANNING & ZONING BOARD BOYIqTON BEACH, FLORIDA MARCH 13, 1990 It will not be required of this developer. Target, they were over the 1%. In the case of The four laning of Old Boynton Road from Knuth Road to Lawrence Road is on the County plan for 1991-1992 or 1992- 1993, so uhe County will be improving that. The slx laning of Boynton Beach Boulevard from Old Boynton Road to 1-95 is on the County's five year plan. The asterisks on the memo indicate all of the improvements, with the exception of the deletion oE Miner Road to Hypoluxo Road and the developer's turn lanes,,are either assured or about to be assured. Once they are assured, Mr. Golden said this developer will not have to contribute to those improvements. Mr. Golden referred to the paragraphs below those he had just explained and said the first one related to additional information to complete the studies. Information was sub- mitted this afternoon that will likely address the incomplete issues. The analysis of Walter Keller, the City's Traffic Consultant, took over where the develop, er's Traffic Engineer left off and completed the study. The second and third paragraphs related to language in the County's Ordinance. According to Mr. Keller and Palm Beach County, the building permits are tied to a legendary contract for the improvements in the County's Ordinance and not just to the assurance of the improvements. The County Traffic Ordinance ties that into the legend of the contract to improve the road as far as the developer being able to pull permits to start the project. The last paragraph related to the City recommending to Palm Beach County that the developer pay an impact fee. Mr. Golden further explained. Chairman Walshak thought the next to last paragraph relating to the building permits was probably the most important paragraph. Mr. Golden informed him the paragraph came from the County's Traffic Performance Standards Ordinance, which is referenced in the City's Zoning Code. That was confirmed by Palm Beach County and Mr. Keller. Mr. Golden stated the County Ordinance requires that a contract be let before the permit is issued. Discussion ensued regarding traffic performance standards and traffic. Mr. Cannon reminded the Members they were talking about the Palm Beach County wide Traffic Performance Standard, which went into effect on February 1, 1990 and applies to any application submitted after that date. This application was submitted prior to February 1st. The City's 13 - MINUTES - PLANNING & ZONING BOARD BOYlqTON BEACH, FLORIDA MARCH 13, 1990 Zoning regulations incorporate by reference the format and standards for traffic reviews used by Palm Beach County. The City's Code does not go into detail as to when the improvements have to be made. For projects that came in after the Comprehensive Plan was adopted on November 7, 1989 and prior to February 1, 1990, Mr. Cannon said there was some question as to what the law meant. He thought the roads wontd~have to meet the levels of service set forth in the Palm Beach County Ordinance. It was probably a gray City. The City may~have leeway as far as the conditions of approval. Mr. Cannon advised that the Board could either take the h~rd line which the Planning ~epartment did in its report, (permits cannot be issued until the contracts for roads have been let), or they could go to another position whereby building permits would not be issued until a bond or other surety is posted. Chairman Walshak asked how they would arrive at a dollar amount on the bond. Mr. Cannon replied That the City's requlroment is 110% of the improvement. He did not know what Palm Beach County's was. Mr.. Saberson informed Mrs. DeLong that their application was filed ahead of the February 1st deadline. He had one last item on the traffic. Chairman Walshak replied that was the most important issue of all. Mr. Saberson stated the following: That the County Traffic Performance Standard Ordinance did not apply to this project because the application was filed prior to February 1, 1990. The Comprehensive Plan specifically indicates that concurrency under the Plan (meaning that the land develop- ment has to be specifically related to the levels of service) does not go into effect until June 1, 1990. Mr. Saberson said they were ahead of that. Therefore, it was not a legal requirement that the City impose this kind of requirement on the applicant. Mr. Saberson continued by saying the Palm Beach County Traffic Performance Standard Ordinance, if it applied, would allow phasing as long as they stay under a 1% impact. He wanted at least the opportunity to phase, stay under the 1% impact and allow the amount of development they can do to go forward. Mr. Saberson thought that was reasonable and 14 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 he did not see any reason why the City would deny the appli- cant something the Palm Beach County Traffic Performance Standard Ordinance, which purportedly the City was complying with, would allow. In terms let, Mr. respects: of holding building permits until contracts are Saberson requested that the City modify that in two 1) If the roadway improvements are to be done by a private developer as indicated for some of the roads, that they be allowed to go forward once the developer is close to the required bond. 2) That when one of these road links is shown in the Palm Beach County five year road plan, it, in and of itself, will satisfy the necessary requirement to allow the project to go forward under the Department of Community Affairs' (DCA's) concurrency requirements that were adopted in November, 1989. Mr. Saberson believed the requirement was that if a roadway is shown in the County's or a governmental five year road plan and improvements are to be done within the first five years of that plan, a p~oject can go forward. Mr. Lehnertz asked Mr. Saberson what he would say to tying certificates of occupancy to the roads being completed. Mr. Saberson answered that part of the process the. State has just gone through is trying to balance so developments can be allowed to go forward with reasonable assurance that roadways and other public facilities required by concurrency will be in place. One way they struck the balance was if a government has put that road link in thsir five year plan and in the first three years of that plan, they have said they will build the road, the State has said that is a reasonable balance in terms of the public and private interests involved. Therefore, a property owner can get a building permit to build it. If the government fails to build the road they said they would build, they would not hold up the certificates of occupancy. Chairman Walshak asked if Mr. Cannon would have any problem with the posting of the required bonds by private contrac- tors zn the five year plan. Mr. Cannon had no problem with that, but if the applicant was proposing to phase the project, a traffic impact statement snowing the phasing would have to be submitted. Mr. Saberson promised it would be submitted within a couple of days. - 15 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 Chairman Walshak clarified for the Board that they were talking about the posting of bonds by individual contractors on the road links they are going to build, plus the links that are being State or Federally funded. Once the links are in place in the five year program, the contractors are released from this. The consensus of the Board was 5-2 in favor of this. Mr. Lehnertz and Mr. Zimmerman were against it. Mr. Zimmerman thought they had a legal question, and he reminded Chairman Walshak they had not had the public hear- ing. Chairman Walshak wished to find out what direction they were going in before having the public hearing. Then it would be easier to modify what they had been talking about. Chairman Walshak asked whether any of the Members had any problem with the last paragraph in Addendum E, where the City was recommending that the City's impact fee be credited toward any of the roadway improvements listed above. The Members agreed to this. Chairman Walshak asked Mr. Elk to look at this and be prepared to give the City Commission some direction. Mr. Saberson referred to the memo from Raymond Rea, former City Attorney, and pointed out it said the applicant met the requirements. He added that they attached the de~d to the application. If further information was needed, Mr. Elk should let him know. Chairman Walshak asked if anyone wished to speak against the application. Jeffrey Pheterson, 4403 White Feather Trail, indicated where he lives on the overlay. He stated it is a unique, quiet area, currently zoned Agriculture/Residential. Some of the streets have standard sized suburban lots, and some parcels run from 2½ acres to ten acres where people raise horses and dogs. Approximately sixty families live in that area. In general, Mr. Pheterson said residents in his neighborhood agree with the concept and configuration of the project. This is the first time the City has ever abutted their neighborhood. Their primary concern was that people in this residential development may wish to come into their neighbor- hood to get out to the Publix being built on Le Chalet Boulevard and Military Trail. He referred to Sun Up Trail (still known as Old Military Trail), which zs a shellrock road, which is the only way into their neighborhood. 16 - MINI3TES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 Mr. Pheterson expressed the same concerns raised by the F~re, Police and Sanitation Departments. If there is any ability to have access for purposes Of traffic, he Was concerned people woULd take advantage of it. Mr. Pheterson preferred a permanent barrier, which couLd include moving the street ove~. He suggested that the loop road be no closer than whatever a s~a~dar'd single family lot would be and said a low patch of shrubs as a barrier would not be acceptable. If Miner Road were to be developed into a significant road, Mr. Pheterson thought there would be less concern for Police and Fire circulation, and he explained. Even though their neighborhood only has access off Military Trail, Mr. Pheterson said they would prefer that the City have a neighborhood park rather than take the money. The land is more valuable than the money that would be paid. In speaking with the Recreation Director, Mr. Pheterson said Knollwood Groves could be required to give an equivalent amount of land. The school across the street does not alleviate the concerns for recreation in the area. Mr. Pheterson elaborated. Mr. Pheterson had no objection to the private roads. He showed how there could be access to the public park and still retain the security feature that his neighborhood did not object to. Mr. Pheterson agreed there will be after hours use of the elementary school, although the general elementary school population currently goes to Galaxy Elementary. He under- stood this school would have a high concentration of students in the gifted student program. Mr. Pheterson pointed out they do not know what the future may hold. Mr. Pheterson requested an identification of what the major valuable trees in the preservation are now. He expounded. Their big concern was vehicular traffic. Mr. Saberson responded that the issue of having access from their project onto Old Military Trail was raised early in the process. The City Staff agreed, and he thought the people living in the portion of the County Mr. Pheterson represented understood there would be no access from the applicant's project onto Military Trail. The plan was changed to reflect there would be no access. Even though Mr. Pheterson's neighborhood was represented at every TRB - 17 MINUTES - PLANNING & ZONING BOARD BOYI~TON BEACH, FLORIDA MARCH 13, 1990 meeting, the issue of redesigning the ptan, moving the road, and changing the total design of the area was never raised. The project has been in the planning stages for months, and they were now at the llth hour. Mr. Saberson thought it was inappropriate to raise that issue at this point and time. They have agreed to no access except the emergency access which the Police and Fire Departments requested. Mr. Golden clarified what the intent was in that area and summarized it meant they could not access readily from the east but if they had to come from the west, there would be a means to do it. It would not allow anybody to drive through the neighborhood. Prior to the Commission meeting, Mr. Cannon said they can try to get from the Police and Fire Departments what type of barrier they would find acceptable. Chairman Walshak asked Mr. Saberson about moving the gate back. Mr. Saberson replied that the Board previously discussed that issue and indicated they would not nee to have a park at that location. If the Park would not be required at that location, moving the gate back would become a moot point. Mr. Saberson aIluded to the City needing money and remarked that people in the County do not pay City taxes. Mr. Saberson called attention to the 5th comment in Mr. Hallahan's memorandum ~90-107 (Addendum F), which referred to the tree survey. He had no objection~to that. As no one else wished to speak in opposition to or in favor of the application, THE PUBLIC HEARING WAS CLOSED. Mr. Lehnertz had a number of reservations about this. The development is proposing a density of 4.77 units per acre. Mr. Lehnertz read the densities of the surrounding proper- ties. While the project was within guidelines, it was more dense than the surrounding areas. He thought they should decrease density in the western areas of the City as opposed to increasing it in the central area, where it would make more sense. Mr. Lehnertz pointed out the City is giving up park land. In the future, the money will be gone, and the City will have no land. Land for parks should be considered as an intsgral part of the City's overall plan and should be required and asked for. Mr. Lehnertz felt there were too many loose ends for him to be comfortable with this. There was discussion about density. 18 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 Mr. Richter moved, seconded by Vice Chairman Collins, approve the request, subject to all staff comments as discussed. to In repeating the motion, Chairman Walshak said the motion was to approve the request, subject to staff comments as amended. The motion carried 6-1. Mr. Lehnertz cast the dissenting vote. THE BOARD RECESSED AT 9:35 P. M. The meeting resumed at 9:45 P. M. Chairman Walshak announced the election results'. ABANDONMENTS Jim Golden, Senior Planner, reminded the Members these requests were continued at the February meeting. He presented the following three abandonments and the site plan together. Project Name: Agent: Owner: Location: Description: Waste Management South Pruitt & Pruitt, P.A. Dual County Surveyors Boynton Industrial Vesture East side of High Ridge Ro~d, between Industrial Way and Miner Road extended. Request for the abandonment of a portion of Commerce Park Dr. Project Name: Agent: Owner: Location: Description: Waste Management South Pruitt & Pruitt, P.A. Dual Coun6y Surveyors Boynton Industrial Venture East side of High Ridge Road, between Industrial way and ~iner Road extended. Request for the abandonment of a 12 ft. by 20 ft. drainage ease- ment. Project Name: Agent: Owner: Location: Description: Waste Management South Pruitt & Pruitt, P.A. Dual County Surveyors Boynton Industrial Venture East side of High Ridge Road, between Industrial Way and'Miner Road extended. Request for' the abandonment of a 5 ft. by 18 ft. utility easement. 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 C. SITE PLANS NEW SITE PLAN 3. Project Name: Agent: Owner: Location: Descrlption: Waste Management South Ron Dorris, A.I.A., P.A. Pruitt & Pruitt, P.A. Boynton Industrial Venture East of High Ridge Road, between Industrial Way and Miner Road extended. Request for site plan approval to construct a 26,936 square foot truck storage and repair facility on 7.34 acres Mr. Golden said the applicant is planning to combine six platted lots in the distribution center under a Unity of Title and to abandon Commerde Park Drive, north of Industrial Way. The building they plan to construct will have a two story office wing a~d ~'one story garage with repair bays. Mr. Golden elabosated and drew attention to the site plan and colored elevations, which he explained. The TRB recommended approvai Of the site plan, subject to staff comments attached as Addenda G and H, and to the following comments: Utilities Department 1. The new water main shall be of cement lined ductile iron pipe, not PVC as shown. 2. Relocate the water main to the asphalt area of the parking lot, rather than under the concrete area for dumpster storage. Specify a 12' wide easement over the main and fire hydrant. Mr. Golden said the applicant originally had problems with this, and they worked hard with the Staff to resolve them. William E. Pruitt, Esq., Pruitt and Pruitt, P.A., Suite 400, Flagler Tower, 505 South Flagler Drive, West Palm Beach, FL 33030, and Ron Dorris, Architect, Ron Dorris Architects, A.I.A., P.A., 311 N. E. 8th Street, Suite 202, Homestead, FL 33030, appeared before the Board. Mr. Pruitt had no problems with the staff comments. They had their Engineers, Keith and Schnars do a new description for the utility easements they will be deeding back, and he - 20 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 had provided Vince Finizio, Engineering Department, and Pete Mazzeila, Utilities Department, with copies. Mr. Pruitt believed the Members had a copy of a letter from him agree- ing to the Unity of Title a well as providing the City with the utility easement. Chairman Walshak asked if anyone in the audience wished to speak in opposition to, or in favor of the request for the a~andonment of a portion of Commerce Park Drive. There was no response, and THE PUBLIC HEARING WAS CLOSED. Motion Mr. Lehnertz moved to approve the request for the abandon- ment of a portion of Commerce Park Drive, subject to staff comments, seconded by Vice Chairman Collins. Motion carried 7-0. Chalrman Walshak asked if anyone wished to speak in favor of, or in opposition to the request for the abandonment of a 12 foot by 20 foot drainage easement. There was no response, and THE PUBLIC HEARING WAS CLOSED. Motion Vice Chairman Collins moved, seconded by Mr. Lehnertz, to approve the request for the abandonment of a 12 foot by 20 foot drainage easement on the east side of High Ridge Road, between Industrial Way and Miner Road extended, subject to staff comments. Motion carried 7-0. Chairman Walshak asked if anyone wished to speak in opposition to or in favor of the request for the abandonment of a 5 foot by 18 foot utility easement. There was no response, and THE PUBLIC HEARING WAS CLOSED. Motion Mr. Richter moved to approve the request for the abandonment of a 5 foot by 18 foot utility easement located on the east side of High Ridge Road, between Industrial Way and Miner Road extended, subject to staff comments. Mr. Zimmerman seconded the motion, and the motion carried 7-0. Motion Mrs. Zibelli moved to approve the site plan, subject to staff comments. Mr. Zimmerman seconded the motion, and the motion carried 7-0. 21 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 6. Pro3ect Name: Agent: Owner: Location: Description: Waste Management South Pruitt & Pruitt, P.A. Dual County Surveyors Boynton Industrial Venture East side of High Ridge Road, between Industrial Way and Miner Rd. extended Request for the abandonment of a portion of a 12 ft. utility easement. (WITHDRAWN) 7. Project Name: Agent: Owner: Location: Description: Waste Management South Pruitt & Pruitt, P.A. Dual County Surveyors Boynton Industrial Venture East side of High Ridge Road, between Industrial Way and Miner Rd. extended Request for the abandonment of a 25 ft. easement for Miner Road. (WITHDRAWN) 8. Project Name: Agent: Owner: Location: Description: Waste Management South Pruitt & Pruitt, P.A. Dual County Surveyors Boynton Industrial Venture East sade of High Ridge Road; between Industrial Way and Miner Road extended Reques~ for the abandonment of Tract S-1 (a portion of Miner Rd.) (WITHDRAWN) 9. Project Name: Agent: Owner: Location: Description: Waste Management South Pruitt & Pruitt, P.Ai Dual County Surveyor~ Boynton Industrial Venture East side of High Ridge Road, between Industrial Way and Miner Rd. extended Request for the abandonment of a 5 ft. access control easement for Miner Road (WITHDRAWN) These requests were withdrawn by the applicant. NEW BUSINESS A. PUBLIC HEARINGS ABANDONMENT 1. Project Name: Boynton Lakes Plat No. 1 Agent: City of Boynton Beach - 22 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 Location: Legal Description: City of Boynton Beach East side of North Congress Avenue, south of Hypoluxo Road A raised continuous landscaped median 504 feet in length, 12 feet in width located centerline of the 80 foot public rights-of-way, Boynton Lakes Boulevard, situated within Plat ~1, Boynton Lakes, a P.U.D. in Sec. 8, Twp. 45 south, Rge. 43 east, as duly recorded in the records of Palm Beach County, Book 40, pages 127 thru 130. Said median (not shown on Plat docu- ment) b~gins at a point 25 feet east of the east right-of-way of Congress Avenue a~d extends a distance of 504 Description: Request fo~ the abandonment of a land- sca~d median within the Boynton Lakes Boul~evard r~ght-of-way Mr. Golden apprised the Members this request was prepared by the City's Engzneering Department, in cooperation with the Homeowners' Association, ~0~resolve a maintenance problem. Approval was recommended. The median was to be maintained by the City, but the City does not have the resources. This will transfer it to the Homeowners' Association. Discussion ensued regarding streets, other subdivisions, and the City's resources. Mrs. Zibelli moved to approve the request, seconded by Mr. Zimmerman. As this was a public hearing, Mr. Zimmerman withdrew his second, and Mrs. Zibelli withdrew her motion. As no one in the audience wished to speak in favor of, or in opposition to the request, THE PUBLIC HEARING WAS CLOSED by Chairman Walshak. Mrs. Zibelll moved to approve the request, seconded by Mr. Zimmerman. Motion carried 7-0. B. SUBDIVISIONS PRELIMINARY PLAT 1. Project Name: Citrus Park Agent: Delfin F. Menendez & Enrico Rossi 23 - MINUTES PLANNING & ZONING BOARD BOTfl~TON BEACH, FLORIDA MARCH 13, 1990 Owner: Location: Legal Description: Description: Boynton Nurseries, Inc. East side of Lawrence Road, between the L.W.D.D. L-20 and L-21 Canals Citrus Park, a P.U.D. in Sec. 18, Twp. 45 South, Rge. 43 East, City of Boynton Beach, County of Palm Beach, State of Florida Request for the approval of the construction plans and preliminary plat which provide for the construction of infrastructure improvements and landscaping to serve 113 units in connection with a previously approved planned unit development Ms. Heyden made the presentation. ~ne TRB recommended approval, subject to Addenda I ~hrough L inclusive attached to the original copy of these minutes in the Office of the City Clerk, and to the following comments: Police Department 1. Stop bars along with all stop signs, and stop sign at Citrus Park Blvd. and Lawrence Rd. (City Ord. 5-142C) 2. Comply with Construction Security Ordinance. (City Ord. 5-8G) Planning Department Land value to be set at $39,872.97/acre for parks and recreation dedication purposes. Enrico Rossi, P.E., Rossi and Malavasi Engineers, Inc., West Palm Beach, FL, wanted a clarification on one of the staff comments. He had no problems with the comments from the Building or Engineering Departments. Mr. Rossi ques- tioned the 7th comment from the Utilities Department (Addendum K) concerning payment of a fair share of the off- site water and sewer ~mprovements. In the early buying of the acreage the Sturrocks had, they granted the 20 foot easemen~ for purposes of constructing a gravity sewer main along Lawrence Road. It was during those times it was understood (in the meetings Mr. Rossi attended) that for granting the 20 foot easement for the purpose of putting a sanitary sewer down, there would be no off-site costs for the water and sewer to his client. By the way it was stated in the 7th comment, this had been left open. Mr. Golden - 24 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13. 1990 received a call today from the Utilities Department. They were looking into that. ~opefully, it will be resolved before the City Commission meeting. Mr. Rossi had no problems with the comments from the Planning Department. He informed Mrs. Zibelli he was in agreement with the comments from the Police Department. Mr. Richter moved to approve the request, subject to staff comments, except for comment~7 in Memorandum ~90-157 from the Utilities Department, which will be resolved before the City Commission meeting. Vice Chairman Collins seconded the motion. The motion was repeated by the Recording Secretary. A vote was taken on the motion, and the motion carried 7-0. SITE PLAN MODIFICATION 2. Project Name: Agent: Owner: Location: Legal Description: Description: Whaler's Cove (f.k.a. Quail Lake Apartments) Howard Perlman The Jones Olen Company South Congress Avenue at Golf Road, northwest corner NE~, Sec. 31, Twp. 45 S., Rge. 43 E, Blk. 40, pages 47 & 48, Palm Beach County, FL Request for approval of an amended site plan to allow for changes in site layout and design. (See Exhibit 1 attached to these minutes.) Ms. Heyden made the presentation and named the changes. She said colored elevations were submitted for the sign scheme, and revised elevations were submitted for the club- house. Revised elevations for the apartment building had not been submitted. Ms. Heyden explained the changes. Chairman Walshak noted the original concept was to wall the whole property. In reply to his question of whether she preferred the wall, Ms. Heyden stated landscaping and berm treatment looks better. The project will have serpentine walls. Ms. Heyden showed renderings submitted for the recreation building. She also explained the changes to the buildings. Vice Chairman Collins wondered whether the columns were being widened for structural purposes. Ms. Heyden apprised everyone that ever since this project came through under Quail Lake Apartments, it was intended to be rentals, not condominiums. That has not changed. 25 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 The TRB recommended approval of this request, subject to the staff comments attached to the original copy of these minutes as Addenda M through inclusive, and to the following staff comments: Engineering Department The apptic.ant, in conformance with applicable regulations, shall submit a paving and drainage plan representative of the proposed modifications. Sec. 5-142(g) "Construction Standards and Sec. 19-17(k) "Technical Data" Utilities Department Indicate the location of approved fire hydrants and water meters on the site plan. Where these items are near landscaping, indicate the clearance from the trees and shrubs to the meters and hydrants. Se Only those ~ree species specifically approved by the Utilities Department may be placed in utilities easements. Berms greater than 3 feet high are also not permitted in easements without specific written approval from this department. 3. Dumpsters and enclosures are not permitted in utility easements. Forester/Horticulturist 1. The applicant must show that 50% of the trees and 30% of the shrubs/hedges are native species. Changes to the plant list must occur if these percentages are not met. 2. The applicant must resubmit the median landscape plan for Congress Avenue and discuss any landscape changes. 3. The types of trees planted over the underground utilities may have to be changed after review by the Utility Department. 4. Non-potable water must be used for all landscaped areas. Vincent Finizio, TRB Member for the Engineering Department, noticed the sign package included traffic control devices, handicapped signs, and stop signs. He asked the Board to defer the review and approval of the sign package to the Engineering, Police, and Building Departments because they adopted Florida Statutes 316.0747. Mr. Finizio read the - 26 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 Statute and said the devices, as shown, did not conform to those standards. The TRB wanted the opportunity to insist that the devices conform to minimum standards. Chairman Walshak had no problem with that, and a question arose as to whether this could be added as a staff comment. Mr. Richter asked if the permitting process required that. Mr. Pinizio answered affirmatively but added that the impli- cations of having the P~Z Board approve them gives a problem in-house. He also asked that the Planning Department not forward any more decorative traffic control devices to the P&Z Board so this confusion would not be caused in the future. Mr. Finizio told Mr. Cannon these were not included in his sign package. Ms. Heyden responded that at the TRB meeting, the applicant was told if h~ got his sign program in p~or to the Community Appearanee Board's (CAB's) deadline, he would not ha~e to go back through site,plan approval for th~ Sign~pr~qram. The applicant d~d this. Ms. Heyden advised that ~Mr. Finizi6'S commenAs could be addressed a~ part of ~tYe sign off ~s long as his comments were ~oted for the record. Chairman Walshak thought Mr. Finizio had a valid point. Mr. Golden replied the~ must comply when they come in for the issuance of a permit. Mr. R~ehter thought the Board eould get by with noting Mr. Finizi~'s comment in the record. Ms. Heyden reminded everyone to keep in mind that the p~rpose of the sign program was sort of a conceptual, visual:presentation. There woul~ be an opportunity for the detai~s to be worked out, Chairman Walshak thought Mr. Finizio~s point was well taken, but said it would be a staf~ comment. Discussion e~sued between~Chairman Walshak and the Planning Department about aesthetics, Mr. Cannon stated that the CAB was established to discuss aesthetics. Howard Perlman, Robert U. Jones Corp., 1535 S. E. 17th Street, ~206, Fort Lauderdale, FL 33316, agreed with the staff comments. He assured Mr. Richter the parking lot problem had been resolved. Comments were made about the apartments. Roger Saberson, Esq., 110 East Atlantic Avenue, Delray Beach, FL 33444, did not think many people from Silverlake knew this was on the agenda. He would not have known if he had not been here for something else. Mr. Saberson thought the people of Silverlake would feel more comfortable with the project if the wall was at least kept along the south - 27 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARC~ 13, 1990 border of the property. They probably would have no objec- tion to it being eliminated in other areas. Mr. Saberson asked the Board to consider the parking located where it is (near residences in Siiverlake), the elimination of the six foot wall, and putting in a two foot berm will in no way provide an equivalent noise buffer. Ralph Marchese, former Mayor, 1901 Roma Way, thought this would have an impact on the surrounding communities. He referred to the developer coming in at the last minute and saying he was gQing to change things. Mr. Marchese felt that was short changing the people and the City. He asked the P&Z Board'to take those things into consideration with re~ard to all developers. If developers make a commitment, they should live with it~. Mrs. Zibelli had a ~roblem with blank walls, and she alluded to the wall i~ back of the Mall. If the wall remains, there should be foliage to cover the wall. Mr. Marchese further commented. M~s. Zlbelll thought the developer should get with the peopte in ~the area that are objecting. Chairman Wals~ak alluded to Casa Blanca. He explained that once the projects begi~, developers come back for site plan amendments. Chairman Walshak thought a recommendation should go to ~he City Commission that site plan amendments on multiple f~mily residential areas should be published so citizens could see what is happening. Mr. Perlman ~ealized the comments were general. He apprised the Members t~e applicant is~ new in this area. Reputation is important to them. Mr. Perlman told the Members the cost of the ameni%ies in this project was substantially increased. Every change brought to the Board was designed to enhance the project. They took the wall out, but Mr. Perlman said they added beams, landscaping and trees. They hired a nationally fa~mous Landscape Architect, tripled the s~ze of the swimming ~ool, added a tennis court and volleyball court, which prompted them to increase the parking lot s~ze. Going through another hearing will be expensive and time consuming. Mr. Perlman hoped they would not have to do this. He st~ed they build and operate the units for five to seven years. It would degrade them to hurt the neigh- borhood they are in. Mr. Perlman further elaborated about the changes. With reference to the wall comlng down, Mr. Perlman agreed with Mr. Marchese that they did save some money, but the - 28 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA MARCH 13, 1990 density of the landscaping will provide a sense of security for the people living inside the project. After expounding, he said the extra color band was removed from the building because they did not like the way it looked. Mr. Marchese recalled the concern of the people was unbelievable when this property was rezoned to what it is now. It was his opinion it should have been incumbent upon the developer to contact the people who would be immediately affected and who raised many questions. Mr. Marchese had no problem with anything except the wall. He urged the Board not to buy changes at the last minute, especially when they are such controversial subjects. Mr. Saberson did not think anyone in the surrounding areas objected to improvements interior to the project or which benefit it. However, other changes affected externally this project. Elimination of the wall was a material con- sideration when this property Was rezoned. Mr. Saberson thought the people in Silverlake and Leisureville would be ~o~cerned that one of the major points of concern when the rojec~ originally came through.was now being eliminated ~ecau~ it would cost t~ss. Re ~epeated prior statements. _As Mr. Saberson lives in the subdivision on the south side, he told Mrs. Zibelli that was the side he was concerned with. Mr. Marchese lives on the east and was concerned about the east side. If the wall was a major concern, Mr. Saberson stated it should not be eliminated now. This is a chipping away o~f the conditions that were approved at the time the project was originally approved, and it should not be permitted. Mr. Saberson was sure there was discretion, under the si~e plan standards and the Code, for the provision of variou~s screens and buffers. After elaborating, he asked the Mea~bers to exercise that discretion in terms of mainta~in~ng the wall. Mr. Golden clarified that the wall was never a Code require- ment or condition of approval. It was something the developer wanted to do at the time of the original site plan approval. There was discussion about the Landscape Architect. Mr. Perlman called attention to the fact that they only had a week until the Commission would hear this. He suggested they meet to try and resolve something. Mr. Perlman told of driving around projects with the Landscape Architect and representatives. The ones they liked had berms and landscaping. 29 - MI~J,TES - PLANNING & ZObIING BOARD ~ BO~N BF2kCH,'Ii!FI~ORID'A .MARCH 13, 1990 Chairman Walshak questioned how a two foot berm would hide a 25 foot building, Mr~ Perlman replied it'woutd be done With the ,ineorporatio~ of trees., shrubs, etc.. Wi~h regard ~o the walt on the south property side, he said he would be happy to talk with those people3. ~Chalrman Walshak reiterated prior statements about site plan changes which benefit developers and cheapen the p~ojects~ He though~commu~it~es ~ould he'alerted, that this kin~dOfthinqis~app~n~ing.- Chairm~n ~alshak was not saying it ~as h~ppening in thi~ e~se. Mrs. Zibelli suggested that Mir. Perlman meet with the people. Mr. Zlmmerman felt a wall om the south and east sides would help. Mr. Lehnertz felt uncomforcable approving or dis- approving this on the basis that he was concerned about the end result looking good and being adequate to shield the project ~rom its n~igh~ors. Peop~ who had been at the meeting earlier expressed conuernS~a~Out design changes. Mr. Zimmerman advised ~h~t the people were from Golfview 5arbour, so this project Would aff~c~ three developments. Mr. R~eh%er thought a Well lahdscape~ berm with trees would be mo~e aesthetic.and as good a buflf~r as! any wall would be. Mr. Jaeger apprised the MembeTs th~% the Urban Forester/ Horticulturist assured him the landscape plans are much bmpr~ed over the original site plan that was approved by the Board and the City Commission. He noted the issues being~discussed were mostly aesthetic in nature and advised they should be addressed by the Community Appearance Board (CAB) rather than this Board. Mr. Saberson stated it was one thing to say there is not a Code requirement saying there must be a wall. It was another to say there is no Code requzrement relating to the existence of screens and buffers, including walls and land- scaping between subdivisions. That was an exercise of discretion in the City's site plan standards. After elabor- ating, Mr. Saberson said the applicant was substituting a two foot berm with plants on top of it for a six foot wall. In no way would that be an equivocable noise buffer. Mr. Perlman confirmed Chairman Walshak's understanding that he (Perlman) will meet with representatives of the various communities surrounding this project prior to the CAB meeting. There was discussion. Mr. Saberson asked whether the Board was approving the wall or suggesting they would approve the elimination of the wall. Chairman Walshak did not know what the Board would approve. 30 - Robert V. Jones. February 26, 1990 HAND DELIVERED Mr. Jim Golden City of Boynton Beach Planning ~Department 100 Bast Boynton Beach Boulevard Boynton Beach, FL 33425-O310 Whaler's Cove (alias Quail Lake Apartments) Dear Jim~ Enclosed please find, 1) 2) 3) 4) A check in the amount of S200.OO; 6 copies of our revised Site Plan; 6 copies of our revised Landscape Plan; 6 copies of our Building Elevations. Jim, our Building and Parking Locations have not changed. However, a number of miscellaneous items, all minor in nature did change as ~ result of the development of our landscape plan, which is greatly upgraded from our last submittal. They includes 1) 2) 3) 4) 5) Dumpster locations and enclosure details; Entry wall location and design; Pool and Recreation Areas details including tennis, volley ball and outdoor exercise stations; The shifting of landscape "Fingers" in the parking lot to accommodate pedestrian traffic crossing the lot; The reduction of some parking spaces to accommodate our larger pool. In addition to these site changes, some other miscellaneous items that we'd like to bring to your attention includes 6) The name "Whaler's Cove" has been selected for this project; 7) Changes in the ownership entity, addrgss and telephone numbers; 8) Minor unit elevation changes that do not effect building height or footprints. 9) Building footprint and elevation changes to the Recreation Building. 1535 S.£. ! 7th Street * Suite 103 * Fort Lauderdale. Florida 33316 * (305) ,~62-0621 Page 1 of EXHIBIT 1 Upon your approval of these revisions, we will authorize Shalloway to proceed with the necessary modifications to their civil drawings. If you need additional information, please don't hesitate to call me immediately. Very truly yours, RO~ R~V. JONES, CORP. H~/d~Pe r lman~-~/ HP/cv Enclosures Page 2 of EXHIBIT 1 PLANNING DEPT. MEMORANDUM NO. 90-052 THRU: FROM: DATE: SUBJECT: 'Chairman and Members Planning and Zoning Board Timothy P. Cannon TC Interim Planning Director Tambri J. Heyden Assistant City Planner March 7, 1990 Boynton Nurseries - Rezoning Request - File No. 385 INTRODUCTION The Boynton Nurseries property is located at the northwest corner of Lawrence Road and the L.W.D.D. L-21 canal. Applications for annexation, land use amendment, and rezoning for the subject property were submitted to the Planning Department last October for the City's twice a year deadline for land use amendments requiring state review. After approval by the City Commission on December 19, 1989, the Planning Department forwarded the land use amendment request to the state, which is currently conducting their review. Upon a favorable response from the state, the City may then approve ordinances for annexation, amending the Future Land Use Plan to a "Low Density Residential" category, and rezoning the proper~y ~o AG, Agriculture. The subject request, submitted by Roger Saberson, agent for Boynton Nurseries, is for rezoning of the Boynton Nurseries proper=y from the pending AG zoning to Planned Unit Developmen~ with a Land Use Intensity: 4 (PUD w/LUI=4). The 83.85 acre =rac= of land has a ~ 1,993 foot frontage on Lawrence Road and is occupied by a container nursery, including associated ~reenhouse and maintenance buildings and a single family home for the nursery caretaker. SURROUNDING LAND USE AND ZONING (see attached location maps mn Exhibit "~" ) The land use and zoning in the surrounding area varies and presented for your information in the table which follows: Direction Jurisdiction Zoning Land Use North Palm Beach County AR/SE Knollwood Groves (active orange grove) Northeast Boyn=on Beach PUD Citrus Glen (single family, zero lot line homes) approved density=4.66 du/acre actual density=3.66 du/acre East Boynton Beach PUD Citrus Park (single family, zero lot line homes) and Palm Beach County School "P" (under consuruc- tion) approved density=3.92 du/acre Southeast Palm Beach county Two single family homes on large, un- platted lots (a County pocket) Page 1 of ADDENDUM A Blanning Dept. Memorandum NO. 90-052 March 7, 1990, Page 2 Southeast Bo!rnton Beach PUD South Southwest West Palm Beach County P~M/SE: special ex- ception for a PUD Palm Beach County Lawrence Lakes (single family homes) approved density=2.44 du/acre actual density=2.44 du/acre Sausilito Groves undeveloped, approved fo~ garden apartments and care center actual density=6-5 du/acre RS/SE: Royal Manor special ex- (mobile homes) ception for a mobile home park actual density=5.1 du/acre RS/SE: special ex- ception for a pUD Palm Beach County AR RT (Residential/ Transitional) Palm shores, f.k,a. windward PUD (single family and multi- family homes and day care center under construction) actual density=4.46 du/acre Scattered, single family homes on large, unplatted lots Single family home on large lot and a Sunup Grove (single family subdivision) actual density=2.7 du/acre Northwest Palm Beach County AR Vacant PROCEDURE This reques~ for rezoning is being processed consistent with Section9.C of Appendix A, Zoning, entitled "Comprehensive Plan Amendments; Rezonin~s" and Section 10 of Appendix B, Planned Unit Developmenus entitled "Procedures for Zonin~ of Land uo PUD". ~UTURE LAND USE AS previously discussed, approval of a "Low Density Residential" land use designation, allowing a maximum of 4.84 dwelling units per acre, is pending approval from the Department of Community Affairsand subsequent ordinance readings by the City co, lesion. The zoning requested, PUD w/LUI=4, proposing a gross density of 4.77 dwelling units pez acre, is consistent with the "Low Density Residential" land use. It is anticipated that, if the subject rezoning is approved, second reading of the ordinance to rezone to PUD will occur immediately following second readings of the ordinances to annex, amend the future land use plan, and rezone uo AG, Agriculture. PUD ZONING AND MASTER PLAN (See Exhibit B: for Copy of Mas~er Plan Submitted) The applicant is proposing to rezone from AG, Agriculture {pending) co Planned Unit Development with a Land Use Intensity=4 (PUD w! LUI=4). A discussion of the pUD mas~er plan submitted follows. Page 2 of ADDENDUM A Planning Dept. Memorandum No. 90-052 March 7, 1990, Page 3 Proposed Uses The uses proposed in the planned unit development and the acreages devoted to each, including pod net densities where applicable, are as follows: No. of Land Use Units Acres Net Density Residential pod A (single family) 62 12.06 pod B (single family) 100 18.58 pod C (multi family or duplexes) 88 11.47 pod D (multi family) 64 5.66 5.14 units/acre 5.38 units/acre 7.67 units~acre 11.30 units/acre pod E (multi family) 86 7.42 11.59 units/acre Private Recreation -- 2.84 -- Lakes/preserve area/ 14.16 -- 10' buffers Private road roghts-of-way/ utility easemen~ -- 9.3 Rights-of-way to be dedicated -- 2.36 400 units 83.85 acres density= 4.77 units/ The master plan provides for the construction of 162 single family units (40.5% of total units proposed) and 238 multi-family units [59.5% of total units proposed) to be located in 5 residential tracts within the PUD. The master plan reflects an option on pod C of 88 units - duplexes or multi-family units or a mixture of the two. Because the applican= is processing this application for speculative development by future buyers, the lot layout for the single family pods has not been determined, only the minimum lot size of 6,000 square feet, which is consistent with recently approved PUD masuez plans. The maximum building height will be two stories (not to exceed 25 feet) for all single family and duplex units ~nd four s~ories (no= to exceed 45 feet) for all multi-family units. Access and Internal Traffic Flow Entrance to the PUD is via ~n 80 foot wide, private, collector road which loops through the PUD intersecting with Lawrence Road at two points; a north PUD entrance which aligns with Citrus Glen Drive and a south PUD entrance which aligns with the entrance to the Citrus Park PUD. Branching off this loop road is a 50 foot wide, private, local road which provides access uo a private recreation area and single family home pod A. This 50 foot local road terminates into another private loop road. Since the PUD Page 3 of ADDENDUM A Planning Dept. Memorandum No. 90-052 March 7, 1990, Page 4 does nou join unsu~divided land to the west which would have required that the local street through pod A be extended to the project boundary to connect with Old Military Trail, a stabilized access only is to be provided to serve this purpose. This al6ernative access design links the small private loop road to Old Military Trail to provide continuity between the PUD and the existing street network in tM area for emergency purposes while discouragzng through traffic. Recreation Based on the number and t!rpe of units proposed, a total of 6.75 acres ~s required to be dedicated for parks and recreation purposes. A 2.84 acre private recreation area is proposed to receive a 50% credit pursuant to Section 8, Article IX, of Appendix C. This private recreation area is centrally located within the PUD and includes the following minimum five recreational amenities: 2. 3. 4. swimming pool recreation center building family pzcnic areas with or without children's play apparatus 5. landscape park-like and quiet area The remaining 3.375 acres are required to be dedicated to satisfy the total park dedication requirement (see further dis- cussion of land dedication under ,.Issues/Discussion" item (a)). TopoGraphy, Soils and Vegetation The site is nearly level with the lowest point occurring at the southeast corner of the property (ground elevation 16.31) and the highest point occurring at the northwest corner (ground elevation 18.00); a net change in elevation of 1.69 feet. Four types of poorly drained, sandy soils exist and vegetation differs greatly between the easuern portion and the southwestern portion of the site. Approximately 75% of the site is being cultivated as a nursery operation. The remaining 25% of the site (the south- western portion)is natural vegetation typical of a South Florida pine flatwoods co,unity. Unfortunately, this native habitat has been disturbed by fire, invaded by exotics (Florida Holly) and recently damaged by the property owner who attempted to remove the Florida Holly using heavy machinery. Three areas within pod A have been designated on the master plan to reflect those natural areas in best condition and mosu desirable to preserve. Drainage A schematic drainage and storm water retention plan has been submitted. On-site retention will be handled in two snormwatez management tracts (lakes) before flowing into the L.W.D.D. L-21 canal along the south property line of the site. Water levels will be controlled by an outfall control structure in the small lake closest to the L-21 canal. Littoral zone plantings will be installed around a minimum of 50% of the lakeshore area. Potable Water Distribution The site will be served with water by connecting to an existing 16 inch water main located on the easn side of the Lawrence Road Page 4 of ADDENDUM A Planning Dept. Memorand~No. 90-052 March 7, 1990, Page 5 right-of-way and looped by connection to an existing 16 inch water main on Old Military Trail. sewaqe Collection The site will-be served by connecting to an existing gravity sewer on the west side of the Lawrence Road right-of-way. The proposed on-site System will also be a ~ravity sewer which will connect to the existing Lawrence Road sys=em. Schools The Palm Beach County School Board has reviewed the proposed PUD and has indicated that students ~enerated by this project will further overcrowd the assigned elementary and senior high schools in this area. In the past, the School Board has not supported approval of residential developments having a negative impact on existing school facilities without contribution of funds or lands ko partially offset that impact. TheSchool Board scares that they will continue to actively pursue a policy of providing adequate school facilities for all the children of palm Beach County (see Exhibit "C" for their analysis]. Traffic Analysis The traffic analysis submitted by the developer was reviewed by Walter H. Keller, Jr., Inc., the city's traffic consultant, =o determine consistency with the 1989 City of Boynton Beach Comprehensive Plan (ordinance 89-39) and Section 9.C.4.h(5) of Appendix A-Zoning. A copy of the Mr. Keller's report can be found in Exhibit "D" of this memorandum. The required roadway improvemen=s are listed in Exhibit "E". ISSUES/DISCUSSION Section 9.c.7 of Appendix A, Zoning, of the Code of ordinances, requires the evaluation of rezoning requests against criteria related to the impacts which would result from the approval of such requests. These criteria and an evaluation of the impacts which would result from the proposed develcpmen~ are as foIlows: a. Whether the proposed rezoning would be consisten= with applicable Comprehensive Plan policies. The Planning Departmenu shall also recommend limitations or requirements which would have to be imposed on subsequent development of the property, in order to comply with policies contained in the Comprehensive Plan. The proposed rezoning would be consistent with applicable Comprehensive Plan policies subject tc several provisions relative to recreation, ln=ernal vehicular circulation and traffic impac=s. First, with respect to recreation, the remaining 3.375 acres required by the Subdivision Regulations for parks and recreation are needed in the northeas= corner of the pro3ect for a neighborhood park (public) to meet the level of service (L.O.S.) for parks and recreation in this area. This is not reflected on the master plan submitted. The Comprehensive Plan (Policy 5.5.5.) requires park dedication of 6 acres/i,000 persons, which is further refined in Section 8, Article IX, of =he subdivisibn Regulations. The private recreation facilities to be provide~ satisfy the 2.5 acre/I,000 population L.O.S. for' neighborhood facilities but not the total park dedication requirement of 6 acres/i,000 population. In addition, the City builds recreational facilities such as baseball fie-lds, basketball cour=s, playgrounds, etc., that are not typically provided in private recreation areas. The comprehensive Plan has levels of service for all types of recreation facilities, which will require land on which th~se facilities can be built. Page 5 of ADDENDUM A Planning Dept. Memorandum No. 90-052 March 7, 1990, Page 6 Since the minimum size required for a neighborhood park is 5 acres, the 3.375 acres required from Boynton Nurseries and an anticipated 2 acres that will be required upon annexation, land use amendment, and rezoning of the Knollwood Groves property di- rectly to the north, would be the last opportunity for the City to acquire, by dedicatioN, enough park acreage to build a neighborhood park in the vicinity of Lawrence Road. The location of the remaining 3.375 acres in the northeast corse! ~f ~he PUD, abutting Lawrence Road, not only minimizes intrusion 1nrc the PUD, but would enable the co~ination of the acreage with park dedication in the Southeastco~ner of Knollwo6d Groves which would meet the minimum size required ~or ~ ~e~,,o~ood park (See Recreation Department staff comments in Exhibit E ). Aisc related to recreation is Policy 5.5.3. of the Comprehensive ~lan, which requires that all res~dentsofa project, have ~cc~ss to at least a ~ortion of the privat~ recr~at%on areas provlde~, unless similar public facilities (such as the public park in the northeast corner of t~e PUD) are 10ca~ed ~m~hl~ a 1/~.mlle walking distance. Therefore, the. ~va~lab~ll~y'of prlvate r~creaticn facilities to all residents of ~he pUD aisc needs to be Specified to ensure consistency with the Cemprehens~ve Plan. With respect to vehicular clrculation within the pro~ec~, the 80 foot collec=or road shown on the master plan ,is proposed to be private rather than public which is inconsistent w~th Policy 1.3.8. of the comprehensive Plan. Publi6~t~eet~ provide continuity with the e~isting street netw0~k ~n t~e ~ity~ promo=e safet~ through ~iterna%e routes during u~ili~y repairs and. e~ergencies, enable pdblicco~enier~ce (particularly for C~y S~rvices) and better integrate the P~oject i~to the.commun~ y. P~blicdedication ~of this Collector~oad~is aiso]cons~stent with the Subdivision Regulations and wilklnot e~courage ~h~ough traffic; ~ince the collector is a loop rca . A disadvantage to having private streets is that future road m~intenance costs are seldom antici~ated~by home owners' assoc~a- tlons who.must maintain them. The City has been approached'on several occasions by home owners associations respensible for maintaining the private streets within t~heir'development project to pursue dedicating their streets to the public, long after the development has been established- ~here~ose, as s~at~ ~e Fire Department and Police DePartment sta~ "~"% it is both desirable and'possible~or ~he ~u ~oot co£±ec~or ~oa~'tc be dedicated as a public right'of-way consistent with the ~ity's Comprehensive Plan. Wi'th respect to traffic impacts that the. proposed PUD will have on the existing roadway system, several off-site road improve- ments are required for consistency With ~he Comprehensive Plan and Code o~ Ordinanc~s as previously noted under Traffic Analysis'~ on page 5. These require~ roadway improvements are listed in Exhibit "E". b. Whether the proposed rezoning would be contrary to the established land use patnern, or would create an isolated district unrelated to adjacent_ and nearby districts, or would constitute a grant of special privilege to an individual property 6wner as contrasted with pro=ection of the public welfare. The proposed rezonin9 to Planned Unit Development with Land Use Intensity: 4 would be consistent with the Land Use Element of the Comprehensive Plan and the pending "Low Density Residential" land use category allowing a maximum density of 4.84 dwelling units per acre as the proposed master plan reflects a maximum gross Page 6 of ADDENDUM A Planning Dept. Memorandum NO. 90-052 March 7, 1990, Page 7 density of 4.77 dwelling units per acre. This request is compat- ible with the established land use pattern and zoning distric=s in the vicinity on the east side of Lawrence Road, described previously under "Surrounding Land Use and Zoning", page 1. c. %~hether changed or changing conditions make the proposed rezonlng desirable. ~e Lawrence Road area of the City's reserve annexauion area is experiencing increased land speculation and urbanization, Although the applicant requested AG zoning at the time of submitting applications for arn/exation, l~nduse amendment and zoning last fall, it was the applicant's intent to request PUD zoning soon after submitting these pending applications. Agriculture zoning was considered an a~propriate holding category in light of the current uses on the site, until a master plan, required for submitting an application for pUD zoning, could be prepared. d. W-nether the proposed rezoning would be compatible with utility systems, roadways, and other public facilities. The proposed rezoning would be compatible with utility systems, roadways, and other public facilities, subject to the staff comments in Exhibit "E". e. Whether the proposed rezoning would be compatible with the current and~future use of adjacent and nearby properties, or would affect the property values of adjacent and nearby properties. As previously discussed in issue "b", the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties and would be likely =o increase proper=y values of adjacent and nearby properties. f. Wh~ther the proper~y is physically and economically developable under the existing zoning. Under the pending AG zoning category, the properuy could be utilized for a varietyof agricultural oz conservation uses or could be developed for a maximum of 33 single-family homes on 2.5 acre lots. The economic feasibility of developing this proper~y under the pending zoning cannot be easily determined due to the cost of land, land development costs, etc. However, the feasibility would appear to be unlikely when compared to existing developmenus in the City which were ~eveloped with greauer intensity (i.e., Lawrence Grove, Citrus Glen and Lawrence Lake). g. Whether the proposed rezonlng is of a scale which is reason- ably related ~o the needs of the neighborhood and the City as a whole. Based on the proposed density and mix of housing types (single-family; duplex and multi-family units) shown on the mas=er plan, it can be concluded that the proposed rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. h. Whether there are adequate sites elsewhere in the City for. the proposed use, in districts where such use is already allowed. There ~re few vacant parcels of significant size remaining in the City that would ~llow for the development of this type of planned unit developmen=. In addition, these existing parcels would also Page 7 of ADDENDUM A Planning Dept. Memorandum No. 90-052 March 7, 1990, Page 8 have to be rezoned to a PUD zoning category. CONCLUSIONS/RECO~A~ENDATIONS If developed in a manner consistent with staff recomendations, the proposed planned unit development would be consistent with Comprehensive Plan policies and would not have an adverse impact on adjacent single-family Kesidences and the road network in the vicinity. Therefore, it is recommended that the application for rezoning submitted by Roger Saberson be approved subject to the Comprehensive Plan policies outlined under item "a" of the section entitled "Issues/Discussion'~ and the att~ached staff comments in Exhibit "E" of this memorandum. TAMBRI J. ~EYDEN~ TJH:frb Encs A:PM90-052 xc: Central File Page 8 of ADDENDUM A March 13. K.S. ROGERS, CONSULTING ENGINEER, INC. ~495 Forest Hill Bouleuard, Suite F West Palm Beach, FL 33406 (407) 964-7300 (FAX) 969-9717 1990 Mr. Tim Cannon Boynton Beach Planning Department 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 RE: Boynton Nurseries PUD - Lawrence Road Dear Tim: Enclosed are three (3) copies of the revised traffic study for the Boynton Nurseries PUD. The revisions deleted reference to a 1993 buildout year. The stated buildout year for this project remains 1992. We have reviewed the recommendations of the City's Traffic Con'- sultant. We agree with his request that this project's approval be tied to the construction of several roadways upon which this project is expected to significantly impact. We offer the fol- lowing information concerning proposed road construction in sup- port of the approval of this project: BOYNTON BEACH BOULEVARD; 1-95 to Old Boynton Road Palm Beach County is scheduled to widen this link according to testimony by Charlie Walker of the County Traffic Department at the Public Hearing on Tuesday, February 20, 1990. OLD BOYNTON ROAD; Lawrence Road to Knuth Road This road is scheduled to be widened by Palm County in fiscal year 1991 92. Beach CONGRESS AVENUE; Boynton Beach Boulevard to N.W. 22nd This road is scheduled to be widened by the developer of Boynton West PUD (a County approved 1,012 unlt on Boynton Beach Boulevard west of Military Trail~3~ construction is expected to commence in 1991. C~NGRESS AVENUE; N.W. 22nd Avenue to Miner Road This road is scheduled to be widened by the developerpl~NN~[~ of the Shops of Boynto~; construction is expected to, commence in 1990. Page 1 of ADDENDUM B Mr. Tim 'Cannon Boynton Beach Planning Department March 13, 1990 Page Two - Boynto~ Nurseries PUD We do, however, take exception to the requirement to hold up the approval of this project until the section of Congress Avenue from Miner Road to Hypoluxo Road is widened. As agreed by th~ City's Traffic Consultant, thin,project is exDected to generate an insignificant amount of traffic (less than 1% of capacity) on that roadway link. We do not feel that it is reasonable to require a project ~hat is creating an insignificant impact to ShoUlder the full cost of widening that link of Congress Avenue. Thank you for your considerat~io~. Very truly yours, K.S. ROG~S, P.E. KSR/jr Encl. CC: Mr. Bob Horner Mr. Rick Rossi Page 2 of ADDENDUM B TO; dI~ SQLOEN. PLANNinG DEPARTMENT FRON; W. D. CAYANAUGH. FIRE 3EPT, TRG REP. DATE: NARCI4 2. t990 KE: SOYNTON ~IiRSERZES ANNEX ~,WR ENC E ROAD SHARED RISK/ACCESS FOR FIRE RESCUE ZT IS THE FIRE DEPARTMENT'S POSITION THAT THE LOOF ROAD SHOULD GE PUBLIC, SECURITY GATES~ PRIVATE ROADS, LONG DEAD-END ROADS. AND SINGLE POINT ACCESS ALL PiAMPER RAPID RESPONSE OF FIRE RESCUE PERSONNEL. ALL ~IRE RESCUE RESPCNSE IS BASED ON "GOLDEN NINUTES'. USUALLY ONLY 3 TO S MINUTES IS THE ~WINDOMH ALLOWED FOR )PTI~UN RESPONSE. ANYTtNE USED AFTER THIS "~IqDOW" tS SHUT DRASTICALLY REDUCES THE CHANCE TO SAVE LIFE AND PROPERTY. DEVELOPERS WHO I~PI~GE ON FIRE DEPAETNCNT RESPONSIBILITY NUST ~E WILLING TO ACCEPT PART OF THE RESPONSIDILZTY FOR LOSSES INCURRED, IN NY OPINION. THE 2IT" 3dOULD REQUIRE DEED NOTES. %N ADDiTiON TO HOLD HARMLESE AGREENENTS~ TO PROPERTY OWNERS APPRISING THAT TFIE CITY ~AY NOT BE ABLE TO PROVIDE ORTINUN SERVICE ~HOULD A DEVELOPER 4I$H ENCLAVE STATUS'FOR HI~ PROPERTY. WiLLI,,',H D, CA(/ANAJGH. /~. FIRE PREVENTION OFFICER I WDC/p9 xc: D. Chi e¢ RECREATION & PARK MEMORANDUM 990-033 TO: James Golden, Senior Planner THROUGH FROM: SUBJECT: Charles C. Frederick, Director, Recreation & Park Dept. John Wildner, Superintendent, Parks. Division Bo!rnton Nurseries, P.U.D. DATE: March 8, 1990 The Recreation and~Park Department has reviewed the Master Plan for the Boynton Nurseries P.U.D. The following information is submitted: 1. Park Land Dedication Requirement 250 single family and duplex units @.018 acres each = 4.50 150 multifamily units 2.015 acres each 2.25 6.75 Total requirement: 2. Credit For Private Open Space The Park Land Dedication Ordinance provides for up uo 1/2 credit for private open space if it provides a minimum of five (5) local park basic requirements. The developer has indicatea he intends to apply for this credit. Before credit is given, the developer musu indicate details regarding type, number, size, and location of the private recreation facilities (per sub-division code, section 8). Assuming half credit for private recreation facilities provided, (6.75 divided by 2), the developer is required to provide 3.375 acres. 3. Location It is recommended that the 3..375 acres required to be dedicated be located in the northeast corner of the development, adjacent to Laurence Road and abutting the Knollwood Grove property to the north. This location will allow for eventual consolidation of public park property to be dedicated from the Knollwood Grove property if it is annexed and developed for residential use. These combined properties.would ultimately provide a neighborhood park of approximately five acres which will comply with the level of service standards required in the parks and recreation elemenu of the comprehensive plan. JW: ad REV. (from memorandum dated January 22, 1990} PLANNING DEPT. MEMORANDUM NO. 90-053 TO: chairman and Members Planning and zoning Board THRU: Timothy P. Cannon ~ Interim Planning Director ~' FROM: Tambri J. Heyden Assistant City Planner DATE: March 9, 1990 SUBJECT: Boynton Nurseries PUD - Rezoning - File No. 385 Please be advised of the following Planning Department staff comments relative to the above-referenced request for rezonlng to PUD: 1. The private recreation facilities shall be bonded with approval of the first plat and completed within 21 months of approval of the first plat. Appendix C, Article XI, Section 5. 2. It is recor~nended that the applicant post a bond at the t~me of platting for 50% of the cost of providing pedestrian signalization to enable safer pedestrian movement from this project to Palm Beach County School "P" located on the opposite (east) side of Lawrence Road (Comprehensive Plan Policy 2.4.4). 3. Sidewalks/bike paths are required on all collector and local streets to provide adequate bicycle and pedestrian circulation. With respect to the small loop road in the southwest portion of the site, the Technical Review Board, at the prehearing conference on March 1, 1990, agreed to accept a pedestrian path in lieu of a sidewalk, to link the units fronting on the pod A loop road to the private recre- ation area. Comprehensive Plan Policy 1.11.9. and 2.4.4, Section 11, Article IX of Appendix C - Subdivision Regula- atione o 4. The width of the loop road in pod A has no= been specified on the master plan. This width will have to be wide enough to accommodate (2] 11 foot lanes, swales for drainage, utilities, and any other necessary improvements. 5. The 80 foot collector road shail be a dedicated right-of-way consistent with Policy 1.3.8 of the comprehensive Plan. 6. The remaining 3.375 acres required by the subdivision Regulations for parks and recreation shalt be dedicated in the northeast corner of the project for a neighborhood park, exercising the City's option of requiring land dedication, fees or a combination of both. Comprehensive Plan Policy 5.5.5 and Section 8, Article IX of Appendix C - subdivision Regulations. 7. The availability of private recreation facilities to all residents of the pUD shall be specified consistent with Policy 5.5.3 of the Comprehensive Plan. 8. Approval of the rezoning to PUD is contingent upon approval of the annexation and land use amendment requests. 9. AS was required of citrus Glen and Lawrence Grove, southbound right turn lanes are recommended at both project entrances. Page 1 of A{dendumE Planning Dept. Memorandum No. 90-053 March 9. 1990, Page 2 10. The following roadway improvements are required for approval of this request consistent with the 1989 City of Boynton Beach Comprehensive Plan (Ordinance 89-39) and Section 9.C.4.h(5) of Appendix A-Zoning: o Pro~ec% Entrances on Lawrence Road - Northbound left turn lane - Separate eastbound left turn and through/right turn la~e o six-laning of Congress Avenue from Boynton Beach Boulevard to Miner Road* o Six-laning of Congress Avenue from Miner Road to H!rpoluxo Road o Four-laning of Old Bo!rnton Road from Knuth Road to Lawrence Road* o Six-laning of Boynton Beach Boulevard from Old Bolrnton Road to 1-95' * Improvements which are assured or are in the process of being assured either through the Palm Beach CoUnty Transportation Improvement Program or developer commitments. In order for the traffic impact analysis to be considered complete, the applicant needs to show the City that a 1992 buildout year is feasible and the analysis of projected conditions needs to be expanded to all roadways impacted by the project assignment. In addition to this information, assurance of roadway improvements should be provided. Based on palm Beach County standards, assurance of roadway improvements would require the project to be scheduled for construction in the County Transpor=ation Improvement Program, the State-Five Year Work Program or par= of a Municipal Capital Improvement Program. The project may also be considered assured if it is part of a developer agreement and has been secured through bonding with the City or County. Building permits for dwelling units canno= be issued for the proposed project until contracts have been let for the required roadway improvemen=s as outlined ~bove. Pursuant to policy 2.6.2 of the Comprehensive Plan, the City can recommend to Palm Beach County that the developer's road impact fee payment be credited =oward any~of the roadway improvements listed above, subject to approval by Palm Beach County. TAMBRI J. HEYD~~ TJH:frb xc: Central File A:PM90-053 Pa~e 2 ~f Ad~endumE RECREATION & PARK MEMORANDUM 490-107 TO: Timothy Cannon, FROM: Kevin J. Hallahan, SUBJECT: Boynton Nurseries DATE: March 1, 1990 Interim Planning Director Forester/Horticulturist IResubmittat) - Master Plan The resubmittal shows a revised plan for the tree preservation areas on the overall site. These new areas fall under the guidelines of the City Tree Protection Ordinance 981-21. A preliminary tree management plan should be submitted to include the following: The areas shown as tree preservation areas to be delineated on the master plan and the boundaries flagged in the field. No mechanical equipment of any kind to be allowed into the areas. A control system be established for resprouting of Melaleuca and Australian Pine trees within the preserve areas. The above three items be completed in a document submitted to this office by March 30, 1990. Be A full and completed tree management plan and tree survey be submitted at the preliminary platt stage of review. K~vin J. Hal~aha~ ¥ Forester/Horticulturist CC: John Wildner, Superintendent, Parks Division KJH:ad BUILDING DEPARTMENT MEMORAI~DUM NO. 90-082 March 7, 1990 TO: Timothy Cannon, Acting City Planner Jaeger: Building & Zoning Director~~ THRU: Don FROM: Michael E. Haag, Zoning & $~te Development Administrator Upon review of the above mentioned project, the following comments must be addressed in order to conform with Boynton Beach City Codes: 1, Provide an elevator for the uae of the second floor or comply with all the exemption requirements of the Accessibility Requirements Manual January 1990, first edition, first printing. Relocate dumpster or provide written approval from all parties with right to use the easement area at the dumps~er location shown on the plans. 3. Identify and show the appropriate percentage of required native landscape material. Show the slope of the ramp(s) shown. Include the height of the handrail, Provide spon elevations along top entrance area leading to building entrance. Show and identify size and elevation of level platform required at the entrance to the building. Ail ~andicapped code requirements must comply with the Accessibillty Requirements Manual, January 1990, first edition, first printing. 5. SDuth Florida Water Management District permit or letter of e emption is required to establish the building's minimum f~nish floor elevation. 6. L~ke Worth Drainage District permit or letter of exemption is required. 7. Identify the color of all exterior finish material. 8. T~e vehicular use area, as seen from abutting rights-of-way, m~s~ be screened with a solid, continuous visual barrier of hDdge with a maximum accessway opening of 35' that is not r~quired to be landscaped. 9. I~dicate =we foot (2') on center spacing, which is mandatory f~r all required shrub and hedge landscaping. 10. Specify that the landscape material will be Florida %1 or To facilitate the permitting process, the foll~ying information should be included within your documen=s submitted to the Building Department for required permits. All. signs aa~ s~gnage mush comply with Boyn=on Beach Sign Ordinance. This r~viewer recommends complia/lce with the comments that are not code requirements to expedite the building permit, site inspection process and ensure that the development of the project ia consistent with the owner and designer's intent. ~/~ ,-. ~? M~c~hael E'. Haag ~ Don Jaeger WASTEMGT. aDD ADDEND%~ $ ENGINEERING DEPARTMENT ~ NO. 90-046 I March 6, 1990 FRCM: RE: J. Scott Miller City Manager Vincent A. Finizio Acting Assistant to the City Engzneer T.R.B. Cc~rents Waste Management of Palm Beach County Ron Dorris, Architects Keithand Schnars, P.A. In conformance with Chapter 19, Article II, "Site Plan Review and Approval" and Boynton Beach Parking Lot Regulations, Article X, the applicant shall submit the following information and data. The 18" concrete curb shown o~ Keith & Schnars plan maybe reduced to 13~" in conformance with City Standards if the Design Engineer wishes to reduce project costs. Ron Dorris plan indicates a 12" curb. Resolve plan conflicts accordingly. Provide construction details for the sodded/irrigated swales located within the public R.O.W. of Industrial Way. ~gineering Depa~Le, nt Standard Detail for Swales, Drawing Number A-80033.~ Applicant must successfully ccu~lete the abandonment of Ccar~rcial Park Drive and associated easements. Provide field exploration plan indicating where percolation tests were performed. ~VAF/ck cc: Jim Golden, Senior City Planner Vincent A. Finizio ~ BUILDING DEPARTMENT MEMORANDUM NO. 90-081 March 7, 1990 TO: Timothy Cannon, Acting City Planner THRU: Don Jaeger, Building & Zoning Direotor~ FROM: Michael E. Haag, Zoning & Site Development Administrator RE: CITRUS PARK - PRELIMINARY PLAT ~pon review of the above mentioned project, the following Comments must be addressed in order to conform with Boynton Beach City codes: Identify the north border of Tract I located between Lots 13&14. 2. Identify the north border of Tract I located north of Lot 90. 3. Identify the width of Tract M that is located north of Lot 27. 4. Identify the width of Tract I that is located north of Lot 101. 5. Identify the type and size of the easement located at the rear of Lots 19&20. 6. Identify the type and size of the easement.located on the east side of Lot 108. 7. Identify the type and size of the easement located on the south side of Lot 88. 8. Identify the type and size of the easement located on the east side of Lot 11. 9. Identify the type of tract of land proposed to be located west of Lot 78. 10. Identify the width of the south side of Lot 99. Identify a maximum dimension that a drainage easement (that passes through a lot) can be located from the lot line. 12. All plans must show consistency in the location Tract I that is positioned adjacent to the north property line near Lots 43 to 45. 13. Show a sidewalk along Lawrence Road running parallel with the project. ,, 14. Identify the party responsible for the perpetual maintenance o~ the roadway entrance into the project. 15. Provide Sou%h Florida Water Management District permit or lette= or exception for the project. 16. Provide Lake Worth Drainage District permit or letter of exception for the project. 17. Provide a note on the plans that the paving and drainage plans for the recreation center will be reviewed with the site plan submittal for the clubhouse. 18. Identify on each landscape plan drawing the number of the ~ lot or lots that abut each landscape area. ADDENDU~I Memo: Timothy Cannon March 7, 1990 Citrus Park Page Two 19. Show the proposed landscaping for Tract H that is located to the north of Lot 27. 20° Relocate the trees in Tracts I and H so they to not interfere with the side of the houses located on Lots 18, 111, 107 and 44. 21. Identify the minimum side setback dimension on the typical patio home lot. Add to the general notes or the development data, the minimum buildable area setback dimension for each side of the lot. 23. Add to and show on the site plan drawing, note 9 from the plat documents. 24. Add to the site plan drawing note 5a, 5b and 5c from the plat documents. 25. Establish setback dimensions for screen enclosure that has screened roofs and hard roofs. 26. Show and identify on the site plan drawing, a minimum side setback dimension of 20'0" for the corner Lots 28, 78 and 87. Add this data to the information identified in number 22 above. 27. 28. 29. The drainage easement shown on Lot 77 must be consistently located on all sets of drawings. On plans, state that the guardhouse will be reviewed on a separate site plan submittal. On plans, show location and size of proposed project title signage. 30. Ail plans submitted for public record and prepared by a design professional shall show original raised seal (legible) and signature of the Florida registered design professional responsible for the drawings. Provide a total count of each species of trees, shrubs and ground cover and show total overall percentage of native species. 32. On landscape plans, show and identify location of easements and compliance with note 5 from the plat documents. 33. Identify the number and type of species of all landscape material. This reviewer recommends compliance with the comments that are not code requirements to expedite the building permit, site inspection process and ensure that the development of the project is consistent with the owner and designer's intent. .. , ENGINES~ING DEPAR~ ~ NO. 90-048 March 6, 1990 J. Scott Miller city p~anager Vincent A. Finizio Acting Assistant to the City Engineer Citrus park - Preliminary Plat/Construction Plans Rossi and Malavasi Engineers, Inc. for the above referenced plat, in accordance with Appendix "C", The applicant i 5 .,Construction icle VIII, SeCtic~ , · · · t n lations, Art · subdivxszon & Pla ti g ~ .e~,. ..... ~- (~-v of Bownton Beach ~%gineering ~ '' Plans and Preliminary Plat" snal£ prOVlUe r~= ---~ -- -- Department with the following: 1. A proposed street lighting plan for the public and private streetS, Sectien 5,B, 1, (d). 2. A certified cost estimate for the installatio~ and cost of street lighting hludainaires and standards. Sectior~. 5, B, 3, (b). 3i Add note to Roadway Sections that the shellrock base material shell conform ·, ,... to minimum Palm BRach County, City of Boynton BRach and Florida Department of Transportation Standards for Shellrock Base, Chapter 22, .,streets and ., .:. ~Sidewalks . 4. Drainage Swale areas shown on Section A-A, and cul-de-sac are to be frilly sodded and irrigated, seed and rm/lching is not a permanent method of establishing grassy s~ales necessary for long term pretreatment of storm- water. Article X, Section 5A, 5B and Chapter 7, Sectic~a 7.5-35(6) "Grass". 5. South Florida Water Management District and Health Department approvals required. Article VIII, Section 5,B,3(a). 6.Landscaping plans to be approved by the Ccr~mlnity Azppearance Board prior to final plat. 7. Construction plans to be approved by the Planning and Zoning Board and the . .. City Ccnmission prior to final plat. 8. Parking area free backup space' is reql/ired to be a minir0~m distance of 27 feet in accordance with the design requirements set forth in Boynton BRach Parking Lot Regulations, Article X. Plans indicate a back up area of only ' 25 feet. 9. Revise handicap stalls to ccraply with the latest State.of Florida Handicap codes. 10. Provide Benchmark, based on NOS datam. Article VIII, Section 5,B, 2(g). 11. Suhuit geotechnical soils analysis, indicating the locations and results of test borings. Article VIII, Section 5,B, 2 (h) 12. Provide note that' the recreation parking facility lighting shall cc~ply with the required illumination. 13. Sukn~t a land appraisal for the propOSed subdivision (ie. cost per lot) in order to assess the R~creation fee. Article IX, Section 8,D. 14. Public d~dicated entrance road should extend in an easterly direction to eliminate a "sliver" of land to be maintained by the City of Boyntan BRach. ADDENDUM j 15. Provide Paving and Drainage General Notes and specifications. Article VIII, ~Section 52(i). ',~GINEERING DEPARTMENT MEMO NO. 90-048 con't. 16. Provide a 5' wide concrete pedestrian sidewalk alonGleast R.O.W. of Lawrence Road. 17. Preliminary Plat Title Paqe a) Title certification ~ust include Official Record Book and Page Number of Mortgagee on property. Prel/minary Plat Paqe Two a) Status of adjacent property must ke called out and/pr la.be, led. us b) Various dimensions and ties to road rights-of-ways .and miscellaneo tracts are missing. The plat has been redlined for youm ease in identifying those areas. 18. Provide surety for all required im~rover~.nts including the proposed recreation area and off-site i~provements within Lawrence Road. vincent A. Finizio L) VAF/ck cc: J/m Golden, Senior City Planner ~E~O~ANDU~ Utilities #90-~§7 TO: FROM: DALE: Timothy Cannon Interim Planning Director J'~hn A. Guidry F, irector of Utilities March 7 1990 SUBJECT: TRB Review - Citrus Park Preliminary Plat We,can approve this project, subject to the following conditions: 1. Add a permanent sampling point near the recreatio~ area. 2. Redesign the water main in the cul-de-sac o~Cttrus Park Lane so as to eliminate the dead-end loop, and instead have continuous flow through the cul-de-sac. 3. The water service to the recreation area will require a reduced pressure backflow preventer to prevent backfiow/back siphonage. ' Add a detail to the plans showing the hydrant ~nstallation specified on the plan view Submit a standard driveway plan indicating how water meters, firg'hydrants and sanitary sewer ¢leanouts will be kept out of paved areas. Relocaue the sanitary services for lots 45, 58, 59 and 60 so that they will enter directly into the manhole. This will eliminate additional fittings and provide a straighter flow line. Also relocate the main line wyes for lots 16, ~7, 56 and 57 to allow for a straighter service line. Pending further research'into the easement agreement with Boynton Nurseries, please be advised that payment of a fair share of off-site water and sewer improvements may be due on this property. 8. Please add the words "public utilities" in the appropriate context for all dedicatory statements on utility easements - and/or tracts. dmt bc: Peter Mazzella PLANNING DEPT. MEMORANDUM 90-050 THRU: FROM: DATEz SUBJECT: Chairman and Me~ers Planning and Zoning Board Timothy P. Cannon Interim Planning Director Tambri Ij. Heyden ~ Assistant City Planner March 7, 1990 citrus Park - Preliminary Plat - File No. 435 Please be advised of the following Planning Department comments with respect to the above-referenced request for preliminary plat approval: 1. At the time of preliminary plat approval, the developer must submit either a copy of a recent contract to purchase or' an M.A.I. certified appraisal which iS used to determine the.land value per acre for computing the parks and recreation impact fee required as per the city's subdivision regulations. Based o~ construction of 113 single family ~nits, the fee will be eq,/al to the land value of 2.034 acres. The devet- oper is attempting to submit this information prior to the Planning and Zoning Board meeting. Witho~ this informa- tion, the plat is incomplete and cannot be approved' until this documentation is submitted. Appendix C, Article IX, Section 8. Future site plan approval will be required for project signage, the security system, recreational amenities and any entry walls or fences. Chapter 21, Section 21-14M(2) and Chapter 19, Article II, SeCtion 19-17. Use of cattails in landscaping is prohibited. A bike path/sidewalk is required along Lawrence ~oad abutting the property frontage. This must be coordinated with Palm Beach County's Traffic Engineering Division. Palm Beach County Bike Way Plan and Appendix C, Article IX, Section 11. Ail sidewalks and bike paths shall be bonded with the first plat and constructed concurrently with building construc- tion. Appendix C, Article IX, Section 11. A legally constituted maintenance association agreement is required for improving, perpetually operating and maintain- ing all common facilities. These documents are subject to approval of the City's legal staff. Appendix B, Section ll.D and AppDndix C, Article Vltl, Section 6.12. Utility easemeqt and private road language on the plat cover sheet does not clarify to whom such easements are dedicated. Appendix C, Article VIII, section 6.12. and 13.a. Ail landscaping proposed within the medians of the rights-of-way to be dedicated to the City shall be irrigated and maintained by the home owners' association. TAMBRI J. ~{EYDEN TJH:frb xc: Central File PMg0-050 ADDENDUM L BUILDING DEPARTMENT MEMORANDUM NO. 90-080 March 7, 1990 TO: Timothy Cannon, Acting City Planner T~RU: Don Jaeger, Building & Zoning Director~-- FROM: Michael E. Baag, Zoning & Site Develop~en~ Administrator RE: W~J~RS CO~E/fka QUAIL LAK~ SITE PLAN MODIFICATION Upon review of the above mentioned project, the following comments must be addressed in order to conform with Boynton Beach City Codes: Ail plans submibted for public record ?nd prepared by a design professional shall show original raised seal (legiblel and signature of the Florida registered design professional responsible for the drawings. 2. Specify/locate each proposed change on all submitted drawings with a symbol that relates ~o a description of the change. Show parking space computations for recreation area clubhouse, pool area, volley ball court and tennis court. Identi~y clear finish height of wood a~bor. Show the overall size of each sign (all signage must comply with the sign code) and dimension location of all signs ~rom two adjacen~ property lines. 6. Show an elevation view of south proper%y sign and a plan view location oi the sign. 7. Identify the location of the source of illumination for the project developmen~ signs. 8. Identify that all ~andscaped areas will be irrigated. 9. Show the location of a handicapped parking space in the north western portion of parking area. 10. On site plan drawing, show location of safety enclosure and gates for pool and spa. Include a section and elevation drawing of each type of proposed safet~ enclosure fence complying with the swimming pool code. 11. Identify the type of material and width o~ proposed sidewalk and identify type and locatign of pedestrian lighting. 12. On plans, identify that all required shrub and hedge landscaping material shall be spaced 24" planting be installed 18" high. 13. Provide a to%al coun5 of each species of trees, shrubs and ground cover and show total overall p~rcentage of nan~ve species. T4. On plans, show a detailed cross s~ction drawing of proposed landscape area a~ eas~ proper~y line. Include the elevation ' of Congress Avenue, the elevation of ~he on-site parking area and dimension the location of existing easemen~ running parallel with Congress Avenue. Page 1 of ADDENDUM M Memo: Timothy Cannon March 7, 1990 Wh~iers Cove Page Two 15. 16. Specify that the landscape material will be Florida =1 or better. Ail code required vine material will be installed a= a minimum of 2' in heigh=. 17. Secure approval from Boynton Beach Utility Department and other utility companies, including Florida Power& Light, for location and type of trees planted w~thln ut~tlty eas~men areas bordering on public rights-of-way. 18. Provide paving and drainage drawings matching si~e and landscape plans, paving and drainage drawing to include a detail drawing of parking araa striping meeting City standards. 19. Identify on plans, total square footage of recreation building. Provide floor plan drawing of recreation building. 20. Show on landscape plan drawings, location of proposed patio area. Provide floor plan drawing for each building showing location and size of propose~ patio area. This reviewer recommends compliance with the comments that are not code requiremen=s to expedite the building permit, site inspection process and ensure that the development of the project is consistent with the owner and designer's intent. Page 2 of ADDENDUM M meh:eaf cc:Don Jaeger WHLRSCV.SDD PLANNING DEPT. MEMORANDUM NO. 90-049 TO: THRU: FROM: DATE: SUBJECT: chairman and Members Planning and Zoning Board Timothy P. Cannon Interim Planning Director Tambri J. Heyden Assistant City Planner March 7, 1990 Whaler's Cove at Quail Lake PUD (f.k.a. Quail Lake Apts.) Site Plan Modification - File No. ~30 Please be advised of the following Planning Department_staff .. comments with respect to the above-referenced request ~or a site plan modification: 1. No paving and drainage plans have been submitted with the revised site plan. Appendix A, Section ll(A) 6. 2. Arrows are drawn on the site plan indicating that outdoor fitness stations will be provided; however, no information is given specifying where or what these stations will entail. Provide location on site plan and details. Chapter 19, Article II, Section 19-17(i). 3. Two additional parking spaces are needed for the tennis and volleyball courts and two additional ~p~ce$ ~e needed for the recreation building; a shortage o~ 4 par~lng spaces. Either these spaces have'to be provided or the size of the pool or the number of recreational amenities has to be reduced. Appendix A, Section ll(H)16oe.12. 4. A sign program is required to be submitted for this pro3ect as it is a planned unit development. Unless details can be provided regarding the project signage, such as types of signs, locations (including setbacks), colors, materials, size, and lettering, no later than the C.A.B. ~eadline, a future site plan modification will be required. Chapter 21, Section 21-14(M)2. ADDENDUM N TJH:frb