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Minutes 12-15-88
MINUTES OF SPECIAL MEETING OF THE PLANNING AND ZONING BOARD HELD AT PRIME BANK PLAZA, 211 SOUTH FEDERAL HIGHWAY, BOYNTbN BEACH, FLORIDA, THURSDAY, DECEMBER 15, 1988 AT 7:30 P. M. PRESENT Robert Walshak, Chairman Harold Blanchette, Vice Chairman Marilyn Huckle Gary Lehnertz Daniel Richter Jose Aguila, Alternate (Voting) Carmen Annunziato, Planning Director Jim Golden, Senior City Planner Tambri Heyden, Assistant City Planner ABSENT Martin Jackier Chairman Walshak called the meeting to order at 7:30 P. M. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS After the Pledge of Allegiance to the Flag, Chairman Walshak introduced the members of the Board, members Of the Planning Department, and the Recording Secretary. He acknowledged the following people who were present in the audience: Commissioner Arline Weiner; Pearl Wische and Walter Kies, Community Appearance Board; Lee Wische~ Recreation and Par~s Board; Ben Uleck, Member of the Board of Adjustment; Owen Anderson, Executive Vice President, Chamber of Commerce; . Simon Ryder (past Chairman of the Planning & Zoning Board), and Pamela Hasterok, Reporter, The Post. (Mayor Marchese and Commissioner Olenik entered the meeting later.) READING AND APPROVAL OF MINUTES None. ANNOUNCEMENTS Community Redevelopment Plan (Verbatim requested by Mayor Marchese) Chairman Walshak stated that this was primarily for theth'e~l Board Members but he had been asked over the course of last two days if he completely understood his function as Chairman of this Board and the Board's function itself in making or looking at or reviewing the Community Redevelop- ment Plan. He thought about it a little bit, and he said, ~'¥eah, I think I do," so he went back and checked with MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Florida Statute 163.130, and his specific duties as Chairman and Board Member and the other Board Members in reference to the Community Redevelopment Plan are to examine that redevelopment plan, which they reviewed Tuesday evening, and find out whether there is consistency between this new program and their Evaluation and Appraisal (E&A) Report of 1986, which is the City's Comprehensive Plan. Chairman Walshak said that is as far as they are to go with the redevelopment plan (to check its consistency between the two programs). Chairman Walshak thought he fully understood that, and he wanted to address the rest of the Board. Chairman Walshak asked if everybody else on the Board understood that they were not reviewing the Community Redevelopment Plan to judge its merits (good, bad or indifferent). Their sole purpose in life with this particular plan is to judge its consistency with the Comprehensive Plan. Some of the Members expressed that was the way they understood it. Bearing that in mind, and that being that, Chairman Walshak thought, because over the last two days he got a battery of phone calls from folks throughout the community. He was referring to the business community, the religious community, the homeowners from up in the redevelopment area, and developers interested in this program asking whether or not they can attend a workshop the Planning and Zoning Board has scheduled for the 5th of January, 1989. Chairman Walshak informed everyone that he naturally said, "Yes. The Workshop is going to be open to the public. In fact, it is going to be advertised in the newspaper." Chairman Walshak thought Tuesday night (December 13, 1988) that he was kind of remiss in not suggesting that this Board invite the City Commission and possibly sit in conjunction with the City Commission in a workshop. He asked Mr. Annunziato if they could do that. Mr. Annunziato replied that it was up to the City Commission. Chairman Walshak meant to put in a request. He also thought it would be a "darn good idea" if they would request, since there is a considerable amount of interest in this redevelopment plan in the community, that the City Commission jointly sit with them in a workshop. Chairman Walshak wanted to get some feeling from the rest of the Board. Mr. Aguila answered, "Absolutely." He thought they would get better input. As he said, Chairman Walshak reiterated that the Board's specific purpose is to judge whether or not - 2 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 the redevelopment plan is consistent with the E&A Report. It is the City Commission's job to determine whether the plan is good, bad or indifferent, but they have to hold public hearings, from what he understood. He thought it would be an excellent opportunity, since there is so much community interest in this program, that they request that meeting be a joint workshop meeting. Mr. Richter thought it was a good idea. Vice Chairman Blanchette felt it was an excellent idea, if the Commission wanted to come. Mrs. Huckle was agreeable. Chairman Wals~ak asked if they wanted to do it in the form of a motion, and he said tbs Chair would accept a motion. Mr. Richter moved to invite the entire City Commission to their workshop which will be held approximately on January 5, 1989 for a joint workshop session to review this plan. Mr. Lehnertz seconded the motion. Chairman Walshak repeated the motion by saying it was move~ and seconded that they send a request along to the City Commission, requesting the City Commission to sit in a joimt workshop with the Board to review the Community Redevelopment plan on January 5th. He asked for discussion on the motion. Hearing no discussion, a vote was taken on the motion, and the motion carried 6-0. NEW BUSINESS A. PUBLIC HEARINGS LAND USE ELEMENT AMENDMENT AND REZONING Project Name: Agent: Owner: Location: Legal Description: Alhambra Square North Charles Putnam & Associates, Inc. Milnor Corporation South Congress Avenue at Golf Road, northeast corner A parcel of land in Sec. 32, Twp. 45 South, Range 43 East, City of Boynton Beach, Florida, Palm Beach County, more particularly described as follows: The E. 460' of the W. 510' of the N. 330' of the S. 420' of the NW~ of Sec. 32, Twp. 45 S., Range 43 E., City of Boynton Beach, County Of Palm Beach, Florida, containing 4.01 acres, more or less - 3 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 198!8 Description: 2. Project Name: Agent: Owner: Location: Legal Description: Description: 3. Project Name: Agent: Owner: Location: Legal Description: Request for an amendment to the Futurle Land Use Element of the Comprehensivei Plan from "Moderate Density Residential" to "Office Commercial" and rezoning from R-1AA(PUD) (Single Family Resi- dential) to C-1 (Office/Professional)i for the purpose of allowing constructiion of a 66,600 square foOt prOfessional/i medical office complex Alhambra Square South Charles Putnam & Associates, Inc. Norman and Elishka Michael South Congress Avenue at Golf Road, southeast corner Tract 4, less the E. 615.42 feet theze- of, Golf View Harbour 3rd Sec., City of Boynton Beach, Florida, according to the Plat thereof recorded in Plat Bo¢ 30, pages 119 and 120, Public Records of Palm Beach County, Florida Request for an amendment to the Futu~ Land Use Element of the Comprehensivs Plan from "Low Density Residential" t "Office Commercial" and rezoning fro~ from R-1AA (Single Family Residential) to C-1 (Office/Professional) for the purpose of allowing construction of a 57,800 square foot professional/medical office complex and a 3,000 square foot branch bank with dr.ive-through facilities Alhambra Square ACLF Charles Putnam & Associates, Inc. Norman and Elishka Michael Golf Road at S. W. 13th Street, southwest corner The E. 615.42 feet of Tract 4, Golf View Harbour 3rd Sec., City of Boynto~ Beach, Florida, according to the Plat thereof recorded in Plat Book 30, pages 119 and 120, Public Records of Palm Beach County, Florida, less and not including the following described parcel: MINUTES - PI2~NNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Description: CONDITIONAL USE 4. Project Name: Agent: Owner: Location: Legal Description: Description: Commence at the SE corner of Tract 4, as shown on the plat entitled Golf View Harbour, 3rd Sec., City of Boynton Beach, Florida, according to the plat thereof recorded in Plat Book 30 on page 119, Public Records of Palm Beach County, Florida; thence W. 2°21'36'' W. along the East line of said Tract 4, a distance of 104.29 feet to the Point of Beginning of the right-of-way to be herein described; thence continue Northerly, along the same course, a distance of 92.69 feet to a point of tangency of a curve concave to the Northwest having a central angle of 88° 15'44" and a radius of 15 feet; thence Southerly and westerly, along the arc of said curve, a distance of 23.11 feet to a point of reverse curvature; thence Westerly, Southerly and Easterly, along the arc of a curve concave to the East having a central angle of 197°43'52" and a radius of 40 feet, a distance of 138.04 ~eet to the Point of Beginning aforedescribed Request for an amendment to the Future Land Us~e Element of the Comprehensive Plan from "~ow Density Residential" to "High ~ensi%y Residential'' and rezoning from R~IAA (Single Family Residential) to R-~ (Multi-Family Residential) for for the purpose of obtaining Conditional Use apuroval for a 130 bed adult congregate living facility (ACLF) Alhambra Square ACLF Charles Putnam & Associates, Inc. Norman and Elishka Michael Golf Road at S. W. 13th Street, southwest corner See Description for "3. Alhambra Square ACLF" above. Request for Conditional Use Approval to construct a 124 bed ACLF on 5 acres - 5 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Chairman Walshak informed the audience that they would first have the City review the application. The applicant would then speak about the application, and then that portion of the meeting would be closed. The Board would then let the audience speak in favor of or in opposition to the application. If a group of people was present who had the same concerns, either for or against the application, Chairman Walshak said it would be appreciated if one spokes- person would come forward. He thouqht each person could ge% his or her point across in three minutes. Otherwise, they could be here until 2:00 A. M. Jim Golden, Senior City Planner, said he would present the three requests in one presentation, as there was inter- relationship between the three, and it would help eliminate repetition. When the application came in for the ACLF, the Planning Department recommended to the applicant that it may be beneficial to submit a Conditional Use application for the ACLF. The application was submitted, but the site plan did not clear the Technical Review Board (TRB). Therefore, the recommendation was that it be postponed. However, Mr. Golden said they had the north elevation, which gave the Board some idea of what the ACLF would look like. It would be two stories on the end and three stories in the middle. Mr. Golden read the surrounding land use and zoning from page 1 of Mr. Annunziato's memo, addressed to the Board, and dated December 10, 1988 with regard to Alhambra Square North. He said Alhambra Square South is across the street from Alhambra Square North and read the surrounding land use and zoning from page 1 of Mr. Annunziato's memo to the Board, also dated December 10, 1988, with regard to Alhambra Square South. He then read the surrounding land use and zoning as shown on page 1 of Mr. Annunziato's memo to the Board dated December 9, 1988. In looking at Alhambra Square North, Mr. Golden said in the original Comprehensive Plan, the Land Use designation was Public and Private Institutional/Governmental. The reason for this land use was that this property was proposed for a church in the Leisureville development. With the draft of the E&A report, the proposal was to change that land use to Moderate Density Residential so that it would be consistent with the Leisureville development of single family homes. The adopted E&A report, which was December, 1986, reflected the Moderate Density Residential Land Use. There was no change on the draft of the final E&A Report. - 6 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 198~ Looking at Alhambra Square South and the ACLF, Mr. Golden said the original Comprehensive Plan reflected Moderate Density Residential Land Use for the entire parcel, as well as the Golfview Harbour development. With the drafted E&A report, the recommendation was Low Density Residential for the east half, which is the ACLF site, and High Density Residential for the west half, which is the office site. The basis for that recommendation at the time was that the portion of the property on the west half was close to the intersection and also to Golfview ~arbour Estates multi- family development; therefore, the recommendation for High Density Land Use. When public hearings were held prior to adoption of the final E&A Report, there was a lot of discussion concerning the desire of residents in the area to keep this intersection Low Density Residential. When the Commission adopted the E&A report, Mr. Golden said they changed the Planning Department's recommendation and kept the entire parcel Low Density Residential. Concerning the west side of Congress Avenue, Mr. Golden said Cranbrook Lake Estates and Quail Lake West were zoned Planned Unit Developments (PUDs) in the 1970s. Both developments were zoned PUDs with a Low Density Residential Land Use category, and this Land Use has not been modified since the time of adoption. Mr. Golden referred to the intersection today, and said you have Low Density Land Use at three of the four corners, the one exception being the northeast corner, where there is Leisureville. Looking at the present single family zoning for the property, Mr. Golden said it would allow for a total of approximately 60 single family residences for the combined parcels, that being the north, south, and ACLF sites. The breakdown would be 18 lots at the northeast corner and 42 lots on the southeast corner. Mr. Golden emphasized that these were ballpark figures. Mr. Golden continued by saying an argument could be made that it would be economical to develop these properties foE single family residences, and a few facts would support this conclusion. They are the existence of single family homes in the $150,000 plus dollar range at Silverlake and the recent development of new homes in the Leisureville project, adjacent to the Alhambra Square North section. Concerning the two office developments, Alhambra Square North and South, Mr. Golden said professional office develOp- ments adjacent to residential developments generally do not - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 create significant impacts due to certain site design criteria, such as minimizing glare, screening mechanical equipment, minimizing noise, and providing adequate buffer- ing in the form of a wall and landscaping. Unlike retail projects, office developments do not generate loud noise, garbage, litter, and odors. In addition, offices usually empty out between 4:00 and 6:00 P. M. Mr. Golden mentioned one nuisance that can be created by offices, particularly those in close proximity of single family homes. Those greater than one story in height create a situation whereby the office workers can look down into the windows of single family residences and invade the privacy of the homeowners. This problem would likely occur at the Alhambra North site. To a lesser degree, it may also occur at the Alhambra South and the ACLF sites. The C-1 zoning district allows a maximum two stories in height, while the R-3 zoning proposed for these allows a maximum of four stories in height~ With the Conditional Use application for the ACLF, Mr. Golden informed the Board that the applicant was required to submit a complete set of eleva- tions. Although the elevations submitted were not complete, there was an elevation which gave an idea of what is proposed, but Mr. Golden said it was difficult to determine the actual height. Concerning the two proposed rezonings for the office build- ings, Mr. Golden said the underlying issue is that the current Low Density character that exists at the intersec- tion be changed to one of a commercial nature. Approval of the two requests would set a precedent to the commercial rezonlng of the proposed ACLF site and the vacant parcel a~ the northwest corner of the intersection. If the commercial rezonings are denied, and the ACLF is approved, Mr. Golden said it would set a precedent for the rezonlng of the Alhambra Square North and South sites to Multi-Family Residential. In addition, the applicant would still be required to obtain Conditional Use approval for the ACLF, and this would require further public hearings. At this point, these hearings would not occur until January, at the earliest, depending on the outcome of these hearings. With reference to the second issue, "whether development of this property for commercial uses will have a significant impact on roads in the vicinity", Mr. Golden read paragraph - 8 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 2 from page 3 of Mr. Annunziato's memos of December 10. He apprised the Board that Walter H. Keller, the City's Traffic Consultant, confirmed the findings of K. S. Rogers, the applicant's Traffic Engineer, that there was sufficient capacity in the road system to accommodate additional traffic generated. No improvements to the public road system would be required to serve these developments beyond those that are proposed in the program by Palm Beach County. Mr. Golden advised that Mr. Keller noted that the applicant's traffic analysis was incomplete in that it did not fully ~ocument the background traffic analysis. Although the report was incomplete with respect to that requirement, it did not appear to alter the conclusions of the study. Mr~ Golden read the third issue, "whether there is an ade~ quate supply of office space and existing commercially zoned property in the vicinity", and said the Planning Department determined the answer was, "Yes." He said an adequate supply is existing in vacant property zoned for office uses and also for ACLFs. With respect to the ACLF, there is sQme demand for additional beds for this purpose. However, there are sites elsewhere in the City where ~his demand can be ~et. Mr. Golden read issue 5 from Mr. Annunziato's memo of December 10, 1988 and said with respect to the North and South sites, the zoning would be consistent with those poli- cies. However, it would also change the character of the neighborhood as previously outlined. With respect to the ACLF, Mr. Gol~len said approval of the ACLF would contradict the intent and purpQse of the policies reflected on the Future Land Use Element as stated in the Comprehensive Plan for Land Use Conflict Area 39. He referred to the public hearings that were held in connection with the adoption of the E&A Report back in December, 1986. The policies reflected the desire of the residents in the vicinity of the intersection to retain a Low Density Land Use for this area. With regard to Alhambra Square North, Mr. Golden read the Conclusions/Recommendations from pages 5 and 6 of Mr. Annunziato's memo of December 10, 1988. It was the Planning DepartmeNt's recommendation that the application should be denied. He also read the "Conclusions/Recommendations fr~m pages 5 and 6 from Mr. Annunziato's memo of December 10, 1988 relating to Alhambra Square South. It was the Planning Department's recommendation also be denied. that this application should - 9 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 19~8 Mr. Annunziat~ then read "Conclusions/Recommendations" from page 5 of Mr. Annunziato's memo of December 9, 1988 with regard to Alhambra Square ACLF. It was the Planning Depart- ment's recommendation that this application also should be denied. If the Board chose to recommend approval of this application, Mr. Golden said there were conditions listed on pages 5 and 6 of the memo which should be Incorporated into the motion. From the recommendations that the City should have, Mr. Richter asked how many ACLF units the City is short. Mr. Golden did not recall. Plantec did a study on it. Mr. Richter recalled that it was brought up at Monday night's meeting and it was something over 200 units that the City was short. Mr. Golden recollected that the issue also came up with the application for the Rustic Retreat. Mr. Richter agreed that the City does need ACLFs. Chairman Walshak noted that there would be no significant traffic impact if all three projects were approved. Mr. Golden confirmed that was the consensus of two engineering firms. Chairman Walshak recalled that Mr. Golden said Alhambra Square North would significantly change the character of the neighborhood, and he asked what he meant by that. He asked the question because six or eight months ago, the Board rezoned a property directly on the northeast corner of Boynton Leisureville that he thought was around two or three acres. It was diagonally across on Woolbright Road. If it would change the character of the neighborhood here, Chairman Walshak questioned why it did not signicantly change the neighborhood there. Mr. Golden replied that they were two different situations. The area Chairman Walshak was talking about was immediately on the west of 1-95 and Woolbright Road in the vicinity of the E-4 Canal. A prece- dent was already set for Commercial zoning in that area. Pylon Interstate Plaza and a number of vacant parcels zoned C-3 are there, and Mr. Golden further mentioned a strip of C-2, the Boynton Commerce Center, and the Chua medical office. In that situation, there was already a precedent set, and the applicant agreed to a number of situations that minimized the impact of the project. Mr. Golden gave examples and further explained. In this area, he said there is no Commercial zoning at this time. It is all Residential zoning. Robert A. Eisen, Attorney at Law, Suite 101, Corporate Plaza, 4700 N. W. 2nd Avenue, Boca Raton, Florida 33431, - 10 - MINUTES - PL~_~NING & ZONING .BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 appeared on behalf of Norman and Elishka Michael and Milnor Norman and Milnor Corporation. He stated that Milnor Corporation is wholly owned by Mr. Michael. Charles Putnam, and his Associate, Mr. Downer, of Charles Putnam & Associates, Planners and Land Development Associates, 4722 N. W. 2nd Avenue, Boca Raton, and Mr. and Mrs. MichaEl were in the audience. Attorney Eisen informed the audience that Mr. Michael is an 18 y~ar resident of the City and has developed property at Golfview Harbor during those 18 years. Mr. Michael presently lives in Pine Tree. Be has owned the ten acre parcel south of Golf Road for the past 18 years, and he acquired the 4 acre parcel to the north of Golf Road recently from the organization that proposed to build a church on it. Attorney Eisen pointed this out to make the statement that Mr. Michael is a long term contributor to the residential values of Boynton Beach and is responsible for much of the residential development surrounding this property. Mr. Michael's residential developments have paid through impact fees and direct contributions for some of the expansion of Congress Avenue in this area. As a Planner, Charles Putnam, said he has been involved in this project for many years, so he was familiar with the fact that this was not the first time that this issue of development at this intersection had come before the Board or the City. Previously, he believed the request had been for a retail commercial development. Mr. Putnam stated that they are aware that the neighbors, the City, and every- one involved is concerned about retail at the intersection, and they eliminated that use from the proposal they were presenting tonight, in hopes that it would be a good co,promise at the location. The overall master plan was shown on an exhibit and on the screen. Basically, the master plan called for the develop- ment of general offices, medical facilities, and financial institutions at the intersections. Mr. Putnam thought Mr. Golden's presentation outlined the scope of their plan very well. He pointed out a couple of things that he thought were very important to the issue of compatability with the surrounding residential development. Mr. Putnam stressed that they are trying to construct something that will fit with the surrounding area and acknowledge the intensity of the intersection. Mr. Putnam pointed out that the proposed office uses, parti- cularly on the north side, would have a setback of at least 11 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 100 feet from any residential property boundary. He stated that they are ready to make a commitment to the City that this will be the setback for any office uses that are developed in the project. Mr. Putnam thought that was important because even if it was developed with residential, there would be uses closer than that to the surrounding properties. Mr. Putnam said they were proposing to construct a six foot wall and a landscape buffer around the properties, particu- larly in those areas where they abut residential development. He indicated where the wall would go and said that a buffe~ would not be as important on the south side because there is a canal. Mr. Putnam noted Mr. Golden touched on the fact that office uses are very compatible with residential deve- lopment, in that they are in the same flow as residential occupancy. They start at 8:00 or 9:00 A. M. and wind down at 5:00 or 6:00 P. M., unlike 7-1Is where you have deli- veries at 6:00 A. ~. and activities going on late at night. Mr. Putnam felt these were compatible uses at the intersection. Mr. Putnam continued by saying the ACLF would be a retirement community that would consist of 124 residential units for the elderly with support services, some medical, and some recreational facilities. The elevation that was presented as a three story elevation was modified as a result of some meetings they had w~lth area residents, and Mr. Putnam apprised everyone that they reduced their commitment on this to a two story elevation, which is more consistent with the surrounding property. The office building will also be two story, so everything will be on that same elevation. Mr. Putnam stated that they were willing to make that commitment to the Board this evening. Chairman Walshak called attention to the buildings north and south, and asked how many stories they would be. Mr. Putnam answered that they would be two stories. He thought the City Code limited them to two stories anyway. Mr. Putnam reiterated that they were willing to restrict the property to that elevation. If a rezoning is possible in the future, they are willing to keep it at two stories. Mr. Putnam showed the revised two story elevation. A man in the audience inquired how many feet it was to the top. Mr. Putnam estimated it was probably 35 to 40 feet to the top of the peak. He said the two stories would be about 20 to 25 feet. Mr. Putnam informed a woman in the audience that t~e office building would be about the same. Ben Uleck, - 12- MINUTES - PLANNING & ZONING BOARD B©YIqTON BEACH, FLORIDA DECEMBER 15, 1988 1507 S. W. 17th Avenue asked if it would be 24 feet, 30 feet, or what. He asked for a figure. Mr. Putnam answered, "25 feet." Chairman Walshak informed the audience that the public could have input later on. A man in the audience thought it was wrong. He had a paper in his hand and said it was shown as a small building when, in reality, the building is very big. The parking is just to the corner, and the man stressed that it was no good. Chairman Walshak advised that the Board would get into that. Mrs. Huckle asked if by changing the height to two stories, they would change the number of beds. Mr. Putnam answered that it could, and he added that it was a modification they made in the last couple of weeks to respond to the issue of height and the intensity of the residential zoning. Mr. Aguila noted the information the Board had said 140 beds, and he heard Mr. Putnam mention 124 beds. Mr. Putnam thought Mr. Aguila's point was well taken, and he stated that the actual redesign to the two story may modify that even further. It may very well be a reduction to 124. Mr. Putnam pointed out that they typically relate density to impact on the surrounding area. The reason they selected the uses being presented to the Board was because all of them are uses that, from a planning standpoint, are considered to be good neighbors with residential properties, particularly the ACLF. The ACLF is a very quiet use. There is very little activity. They are elderly people, who are good citizens. Because they do not have children, they do not impact the parks and create a further expense on the Mart of the City. The number of people and the density are not extended as an impact on the community. Attorney Eisen said that last week, they invited the residents of the neighborhood to view the plans on an in- formal basis, and they got input from the residents. At that meeting, some 30 to 40 residents in the area signed s petition in support of the project. Attorney Eisen prese~ the petitions to the Board. Also, subsequent to that meet Attorney Eisen said Golfview Harbour Estates, Inc., a homeowners association for Golfview Harbour Estates, whic~ consists of 128 homeowners and 110 villas held a Board meeting. He had a letter dated December 13, 1988, address to Mayor Ralph Marchese, from Linda O'Neal, Association President, which he presented to the Board, which was in support of the project. - 13 ted lng, ed MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 At the meeting they had with the homeowners, Attorney Eisen recalled that not everybody was in favor of the project, and they received input from those not in favor of the project. (He repeated and emphasized this statement after hearing protests from people in the audience, who misunderstood what he had said.) Attorney Eisen continued by saying they told the homeowners that they would seek to respond to their concerns. In an effort to do that and to further limit development on the property, he stated that Mr. Michael voluntarily consented to a series of deed restrictions on the property, which would be recorded if this comprehensive land use change and rezoning were granted. Attorney Eisen had an original set of deed restrictions that were signed by Mr. Michael and he wanted to formally present them to the City, although he was not aware of the City's procedure. He wished to hand out the restrictions to the Board and go over them to demonstrate what the applicant intends to do in response to the homeowners. Attorney Eisen asked the Members to turn to the Second page of the restric- tions, and said he would go through What they did and what they seek to do in response to their meetings with the home- owners. He stated that he would give a copy and the origi- nal signed copy to the Planning Staff. As to Alhambra Square North and South, which are the office developments, Attorney Eis~n said they put several restric- tions. The first was that each p~oject will be no more than two stories in height. He recogm~zed that was the zoning requirement today but said it would prevent the building from being higher, if the zoning were to change. The City's planning report mentioned concern about height, and Attorney Eisen said that issue was the proximity of height to single family homes. He thought a better solution than reducing it to one story would be to make sure that the buildings are set back. On the deed restrictions for the north and south parcel, where it abuts residential, Mr. Putnam proposed a b~ilding setback of 100 feet and a deed restriction in excess of the Zoning Code that cannot be changed. With reference to the ACLF, although the Zoning Code would allow four stories in height, Attorney Eisen said they were proposing to limit the project by the deed restrictions to two stories. They had a limitation of the number of units (ACLF beds) to 124, and if it were to change in use to be allowed multi-family, they would say that would be the number of units allowed by the City zoning, but subject to the prior two story reduction. 14 - MINUTES PLANNING & ZONING BOARD BOYI~TON BEACH, FLORIDA DECEMBER 15, 1988 They had other limitations. The first was with regard to dumpsters. Attorney Eisen indicated loctions and apprised the Board that a gentleman who lives across the canal was concerned about a dumpster in that proximity, and a gentle- man living in Leisureville was concerned about one there. He recognized that was probably not the best place to put a dumpster, and they modified their plans. Attorney Eisen offered a deed restriction that said no dumpsters would be put in yards directly abutting single family residential districts. There was concern from the people to the south as to how the canal bank would be landscaped and the interference of car lights, etc. on their residence. A graphic was presented to the Board Members that showed the distance between the property to the south and to the north, and Attorney Eisen also offered as a deed restriction that there would be land- scaping six feet in height separating these areas and also, the canal bank will be landscaped and maintained. Another concern the residents had were the lights from the parking facilities of the development shining into the resi- dential areas. Attorney Eisen stated that they proposed that all parking lights be installed with shadow boxes or similar fixtures to reduce glare and direct illumination and that all lighting in the parking areas be extinguished at 12:00 Midnight. Although the C-1 district is a fairly limited district, Attorney Eisen said they have further limited the uses to only business, professional, medical, governmental, and with reference to the south parcel, drive-in teller units. The way the deed restrictions have been drafted, they can only be amended by the City with notice to residents within 400 feet and by the vote of the City Commission required to grant rezonings. By the deed restrictions, Attorney Eise~ said they were attempting to voluntarily limit the scope of the development of both parcels as permitted under the zoning requested, to be better neighbors to the residential properties. There were two reasons why Attorney Eisen said the Board should grant the petition: (1) The increase it would have on the tax base in the City. (2) It is not good residential property but, by the City's own commercial plan, is good commercial property. At build out, Attorney Eisen said the three projects on the approximately 15 acre property will have a value of $15,000,000 to $17,000,000. Based upon 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 current ad valorem tax rates, that would yield to the City alone, not including County taxes and other jurisdictions, $120,000. Attorney Eisen told the Members they should keep in mind that their commercial tax base is good for cities because it generates more taxes than it costs to provide services to it. He said they could not say the same about residential, particularly single family. If the property were to be developed as single family residential, Attorney Eisen said it would be approximately 60 units with a value of approxi- mately $5,000,000 to $6,000,000, and they would generate ~ tax base tax rate for the City of Boynton Beach of approxi- mately $30,000. He pointed out that generally, municipali- ties lose money on residential. Residential costs more to serve than municipalities get in tax revenues. Attorney Eisen informed the Members that they just began to study this area, but they found that the City of Boynton Beach has a much h~gher ratio of residential to commercial areas than other cities in this County. That could account for some of the City's recent tax increases. Attorney Eisen thought the modern, reasonable commercial uses proposed h~re would be very healthy to the City's tax base. He pointed out that their Traffic Engineer, as well as the City's Consulting Traffic Engineer, indicated that the roadway capacity for ~he prolject is adequate. No improvements wi%l be necessary, and it will not have an adverse impact on the roadway system. Attorney Eisen told the Members that should suggest to th~m the reasonableness of the project and the fact that it would not over burden the City's infrastruc- ture, causing more taxes, and that this will be a beneficial project tax wise to the City. If you read the City Staff's recommendations and the th~ngs said tonight, Attorney Eisen said it seemed they recognize under the Comprehensive Plan that commercial areas are supposed to be on the intersections of roads. They note that the commercial uses the applicant selected (office and ACLF) do not have a tremendous effect on the surrounding neighbors, yet they say that this will destroy the resi- dential quality of these neighborhoods. Attorney Eisen asked that they first take a loo~ at what can be built there. The City Staff says to continue with the low density resi~ dential, so there would be 60 homes on Congress Avenue, which now has 25,000 to 30,000 average .daily trips. Attorney Eisen knew the traffic count on Golf Road was not that great, but as it is an east/west thoroughfare through the 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 198~ City, he felt they could expect it to have a significant amount of traffic. Attorney Eisen emphasized that it is an intersection and stressed that it is not just the traffic going by, it is traffic stopping, noise, and pollution. There would be issues of safety to children (having children living by the major intersection). Any developer forced to develop this property as single family residential would wall the property, and Attorney Eisen did not think a slx foot wall would be satisfactory. The .developer would probably ask for a ten or twelve foot high wall. Attorney Eisen state~ that he wou~d not like to drive into his neighborhood with a ma~jor wall, ten or twelve feet, surrounding the central road. He did not think the single family residences that would be in there would be successful. Attorney Eisen referred to the residential communities that were pointed out (Leisureville, Golfview Harbour, and the ones on the other side of the road) and said they are large communities with hundreds of acres that have amenities and lakes. All of the homes face inward, to the amenities, and have entrances off of the major roads. Attorney Eisen thought those communities could be successful and that those values should be preserved. This is a four acre site and a ten acre site, and he stated that they could not provide the quality of residential living on these sites that they could provide in the large communities nearby, nor did he think what they proposed would in any fashion adversely affect those residential qualities. Attorney Eisen said the City has mature residential neighborhoods that have developed. He had trouble thinking that an office building on a corner would really adversely affect that development. Attorney Eisen observed that the Planning Staff gave the Board a conclusion that these projects would have an adverse effect on the residential values, but they did not state one reason how they would. They stated lots of reasons why they would not, such as no noise at night, large open areas, and large green areas. Attorney Eisen brought out that the projects will serve a need in the community (professionals that the residential areas use). Doctors, lawyers, and accountants will be there for the residents to use. Trips will be short in the community. Attorney Eisen said the Comprehensive Plan itself recognizes that this is where you should put commercial development. He read from Chapter 3 of the City's latest Comprehensive - 17 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15f 1988 Plan stating goals: "Encourage commercial development land uses where accessibility is greatest. Area west of 1-95 lacks adequate commercially zoned land to serve future neighborhood market. Commercial developments would be located as clustered development at major intersections. Commercial zoning is located mainly at intersections along Congress Avenue. Encourage development of community con- venience centers out of arterial intersections. ACLFs shall be located in all residential Zoning districts." Attorney Eisen advised that all of the things they presented were consistent with those goals. A graphic was displayed, and Attorney Eisen said it showed the surrounding uses that had been approved in the City. In the planning quadrant they had selected, which is bounded on the north by Boynton Beach Boulevard, on the west by Military Trail, on the south by the Lake Worth Drainage District (LWDD), and on the east by 1-95, all of the commercial had been approved with a few exceptions at the major arterial intersections. ~ttorney Eisen said the total service area there is 5,600 acres. There are approximately 12,000 resi- dential households in there for a population of 28,000 residents. Attorney Eisen stated that the commercial acreage zone available in that area is approximately 147 acres. 94 acres are developed. Attorney Eisen said that was about 2½% zoned, and 1.6% developed. The projected ultimate land distribution element of the City's Comprehensive Plan (Sec. 3.3.35) suggests that today it should be 4.7, and at build out, it should be 5.9. Attorney Eisen advised that was what the City's Comprehensive Plan said was needed commercial to serve the residential communities. In this planning area of the City, today, by the City's own Comprehesive Plan, Attorney Eisen said there is inadequate commercial, and in the future, the City does not have sufficient planned. Attorney Eisen believed that they presented a modest develop- ment. They attempted to voluntarily limit it to be more compatible with t~ surrounding area, and they presented a plan which is fully supported by the Comprehensive Plan. Mr. Putnam informed Chairman Walshak that the 94 developed acres are 1.6%, and the planned commercial are 2.5%. Chairman Walshak asked if they had any footprint drawings of the ACLF. He noticed a couple of questions came from the audience about the size of the buildings. Chairman Walshak asked how long and how wide the buildings would be. Mr. 18 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 198~ Putnam suggested that perhaps they could develop that as the meeting went along from measuring some of their plans. Mrs. Huckle thought on Alhambra ACLF, they mentioned in their Article 3 handout a height of two stories and that the number of beds would be variable, depending, and then it had multi-family units. She questioned whether that was aD option in the event the conditional use was not approved fbr the ACLF. Attorney Eisen replied that she was forgetting this would be a deed restriction. If the ACLF project was not approved or, for some reason, was not built, he said they would be allowed the multi-family density under the R-3 district, subject to a two story height, which would limit the number Of units that could go there. Mrs. Huekle remarked that the multi-family units were definitely their second option. Attorney Eisen confirmed that was correct. Vice Chairman Blanchette noted Attorney Eisen mentioned that the total of the three parcels would amount to either $15,000,000 or $17,000,000 an6 would bring back to the Cit~ a revenue of $120,000. Attorney Eisenl had compared it to 60 single family homes which would bring back about $30,000 If this were retained in its present form of zoning, Mr. Richter asked what size houses would be put on the two plots. Mr. Putnam replied that the density the City Staff is referring to (60 single family units) would be four units per acre, which is a fairly high density for single family development and would have to be on lots that would be about 75'x110' He thought Leisureville may be less than that. Mr. Richter asked if it would be less than 60 houses. Mr. Putnam answered that it would be 56 units, and they would not be large lots. He agreed with Mr. Richter that they were probably talking about the $80,000 to $100,000 range, and the setbacks would not be that generous. Mr. Annunziato thought they had to talk about facts. He ~id not think they could lump what happens north of Golf Road with what happens south of Golf Road. He suspected the houses would very easily be developed in a manner consistent with Golfview Harbor. Those homes range in price from $100,000 to $130,000. They are larger than the homes that would likely be built north of Golf Road. Mr. Annunziato suspected the ones north of Golf Road, based on the most recent experience with the development of about a dozen, more or less, new homes on the fringe of Leisureville, are 1,200 to 1,500 square feet and sold for $70,000 to $90,000. - 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Mr. Annunziato thought it was important for the Members to understand that even though you have an underlying land use density south of Golf Road of 4.8 units per acre, he suspected the density would net out at only 3.5. North of Golf Road, it would probably net out at about 3.8 or maybe 4. Mrs. Huckle knew the applicant was anxious to have approval of the whole package of applications, but she wondered if the package could be broken up, in the event there were approvals. Attorney Eisen answered that would be satisfactory. Chairman Watshak asked in what way Attorney Eisen was sure that would be satisfactory. Attorney Eisen replied that the Board would have to make recommendations. Chairman Walshak asked if anyone wished to speak in favor of the application. A man in the audience had an objection and said the paper in his hand was fraudluent. Chairman Walshak said the Board would hear his objection when he would ask those in opposition to sueak. Steve Brandt, 2344 S. W. 13th Street, Golfview Harbour, lives adjacent to the proposed ACLF, believed he spoke for most of the people living along a road he indicated on the overlay. He stated that it has become inevitable to every- body that the land is going to be developed sometime. Sooner or later, it will be developed some way other than residential. Taking that into consideration, they looked different proposals that have come up. The last one was completely retail. They objected to that because it would be more impact because of all of the traffic and the 24 ho~r type of atmosphere. Mr. Brandt said they felt better towards having an ACLF because they looked at the traffic problem especially. If it is developed as houses, the road he referred to will become a short cut for thee area, and it will become a heavily used road. Everybody will have two or three cars, and the~e will be a lot of traf.~ic. With an ACLF, each apartment will not have two cars. There will be maybe one for every couple of apartments, so there will be a lot less traffic. If the proposal goes through as designed, Mr. Brandt said the road he indicated would be a dead end. If they could ensure that it would become a dead end through the By-Laws of the proposal, that would be to their advantage. The worst thing would be for it to be developed as a service - 20 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 entrance. If it is developed as a dead end road and land- scaped with a 100 foot setback, Mr. Brandt felt that it would not be objectionable at all. Mr. Brandt continued that they had concern about dumpsters, but the location has been changed. He felt the developer had done all he could to accommodate them in this situation and that the 100 foot setback was more than adequate. Mr. Brandt imdicated what he believed to be the parking and said he imagined they would have another 40 feet of land- scaping adjacent to the road, so there will be considerablD buffering next to the road. He thought, eventually, there would be commercial development on that corner. Because of the market, Mr. Brandt did not think it would be able to be developed as houses. If it did, it would be high density housing, and he thought high density would be worse for the area than commercial development. Mr. Brandt stated that they would have multi-story development, rental units, a l~t more influx of people, higher density, and a lot more traffic. Mr. Brandt expressed that the commercial development would be to their advantage. Now that the proposal was changed from three to two stories, he thought the residential char- acter could be maintained. Mr. Brandt could not see where there could be that much objection to the proposal. Most of the objections to the overall proposal would be from people who did not live immediately next to it. He was thinking Df the people of Boynton Beach who do not want that much commercial development in the general area. Mr. Brandt said there would be concerns for people directly across from it. In the graphic, he thought the applicant tried to show where there would be a screened hedge and a landscaping element along there. The headlights would be controlled in that area. Mr. Brandt thouqht the applicant was doing all he could to provide as good a development as he could for the area. He reiterated prior statements. Chairman Walshak asked if Mr. Brandt was speaking for him- self. Mr. Brandt was speaking for himself and most of the~ people who live on 13th Street. A man in the audience sai~ Mr. Brandt was speaking for four of them. Gordon Bowler, 2204 S. W. 21st Way, talked to the neighbors who live on the perimeter. He lives in the fourth house in back of the fire station, and the development would look better than the fire station. If houses are built there, Mr. BOwler said they could be built within five feet of his - 21 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 198~ line. The way he figured it, this development would be about 125 feet. The people Mr. Bowler talked to did not want a 7-11 or a gas station. This may not be perfect, but it would be acceptable. Mr. Bowler did not see where the applicant could build the type of homes the Planning Staff talked about. He asked the Members what they would do with the land if they owned it. Mr. Bowler further said the building would cut out a lot of noise, especially from Congress Avenue and on Golf Road. If this was such a bad project, Mr. Bowler remarked that the Commission Chambers would not hold all of the people. He knew there were people that were negative, but he stated that people will always be negative on some things. Susan Carlson, 2119 S. W. 22nd Court. lives behind what was supposed to be the proposed dumpster. She thought the typ~ of development was fine but Sai~ she would prefer it to be one story. Ms. Carlson asked how many feet Would be on her side. Mr. Powell answered that there would be 100 feet. Ms. Carlson wished the hedge would go but said she would like the concrete wall. She was worried about the word "commercial". I~ it was medical, that was one thing, but "commercial" could open it to a change in zoning. Mr. Richter advised %hat C-1 is very limited commercial. Chairman Walshak read a letter dated December 13, 1988, addressed to Mayor Marchsse, from Linda O'Neal, Association President, Golfview Harbour Estates, Inc., P. O. Box 1358, Boynton Beach, which said their Association consists of 128 homeowners, and the majority (i10) supported the Alhambra Square development and felt %he ACLF represented the most desirable zoning for the tract. Chairman Walshak received four petitions signed by 38 home- owners in Golfview Harbour Estates. As no one else wished to speak in favor of the application, Chairman Walshak asked if anyone wished to speak in opposi- tion to the request. Victor Sandak, President, Cranbrook Lake Estates Homeowners' Association, Inc., 2306 S. W. 23rd Cranbrook Drive, presented a Resolutlo---~- ' n adopted by their Board of Directors, which opposed all three rezoning requests. He indicated the area of Cranbrook Lake Estates and said there are 167 private 22 MINUTES - PLANNING & ZONING BOARD BO%/-NTON BEACH, FLORIDA DECEMBER 15, 1988 homes surrounding a lake. Mr. Sandak referred to the bass, wildlife, egrets, and red birds. He thought any high density development in the immediate area would be an encroachment for this development. Mr. Sandak read the Resolution into the record. (A copy of said Resolution is attached to the original copy of these minutes in the Office of the City Clerk as Addendum A.) W. J. Lynch, 1912 S. W. 16th Avenue, President of the Boynton Leisureville Community. Association, said the request for rezoning at the corner of 23rd Avenue and Congress Avenue would have a great effect on a part of their develop- ment. He called attention to two four story office buildings adjacent to their community that have been vacant for the past two years and said they constitute an eye sore in that area. The buildings have already been foreclosed on, and the prospects of them being released or rented are very remote. Before any dedision is made, Mr. Lynch suggested that the ~eveloper of the current project discuss it with the current Board o~ Directors of Boynton Leisureville. To this point in time, that courtesy was not extended to them. There are 892 homeowners in t~is community, and Mr. Lynch said a bi~ portion of them were concerned about this corner. They were also concerned about dumpsters. Mr. Lynch emphasized that they were opposed to any more commercial development in the area and requested that it kept R-1AA. be Reino Johnson, 1409 S. W. 25th Avenue, was speaking for the people who live along the canal on 25th Avenue and received letters. He was also speaking for all of the private home owner. Mr. Johnson stated that Chairman Walshak had peti- tions signed by 98 of them. He thought Attorney Eisen made a mistake when he said the impact fees were paid for by the Milnor Corporation because they were paid for by the home- owners who bought the homes. Mr. Johnson noted the appli- cant was asking to change from a single family area to a profit making business that would profit only him and would downgrade the zoning of all other families. Mr. Johnson explained. Mr. Johnson bought in 1973 so he would look at something nice. After elaborating, he said an ACLF would mean three shifts of people would work there. There would have to be_ feeding facilities, restaurants, garbage, etc., and peopl~ would be moving their vehicles several times a day. There will be more noise and conversations. The neighborhood will change. 23 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Mr. Johnson said lights will be shining directly into their homes in the back. Most of the bedrooms are in the back. Mr. Johnson pointed out that the 34 parking spaces shown are on the LWDD's property, and he did not see how the applicant could do that. Mr. Johnson explained. He noted that Attorney Eisen said the dumpsters would be changed, but he did not know where they would be put. Mr. Johnson noted that Attorney Eisen made reference to projects that were built five or ten years ago, before any- thing was out there. The Westlake building is over 16 years old. Manor Care was to be located on the northeast corner, and they were denied for the same obvious reasons that this one should be denied. Mr. Johnson understood Attorney Eisen to say it would remove taxes f'rom the homeowners if everything was commercialized. He did not think the homeowners wanted anyone to change a piece of property into commercial. It will not benefit any of them and is not in accordance to the way they want to buy the homes. Therefore, Mr. Johnson asked the Board to deny the requests. Frank Cassandra, 1425 S. W. 28th Avenue, believed S. W. 13th Street went through that area, but he did not see the road. Mr. Annunziato informed him it was deleted. Initially, the property was platted for single family homes. Between today and sometime when it was platted for single family homes, it was replatted into a tract with a cul-de-sac created at the end of 13th Street. Mr. Cassandra noticed that their proposal only goes halfway up to that road, and he wondered if they were going to end it further. Mr. Annunziato replied until a plan is submitted for the City's review, approved by the staff, Planning and Zoning Board, City Commission, etc., there is no plan. What Mr. Cassandra could see that had been presented were pictures, and Mr. Annunziato said he could not comment on what the final configuration of the roadway would be. Mr. Cassandra noted Chairman Walshak read a letter from Golfvisw Harbour Estates, which laid some boundaries out. He asked what the boundary to the south was. Chairman Walshak answered, "S. W. 27th Avenue." Mr. Cassandra believed Attorney Eisen made a statement that in that area there were 120 townhouses and 110 villas. Mrs. Buckle read from the letter of Linda O'Neal, Association President, that Golfview Harbour Estates, Inc. will consist of 128 homeowners of which 110 villas and townhouses are now occupied. - 24 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Mr. Cassandra lives south of S. W. 27th Avenue. He recalled that Attorney Eisen said he invited the local area, and no- body invited them. Mr. Cassandra informed the Members that ~e is President of the Board of Directors of the Golfview l{arbour Townhouses, and not one of the Board Directors were notified. He wondered how anybody in that area got invited. Attorney Eisen replied that they invited everybody within 400 feet that is required to have a public notice by the City. Mr. Cassandra asked if the Association Attorney Eisen referenced presently run by the homeowners. Attorney Eisen answered affirmatively and added that it has been in the control of the unit owners for three years. Mr. Cassandra inquired if it included the new townhouses. Attorney Eisen replied that was correct. Mr. Cassandra believed Attorney Eisen made a statement that nobody would build and live in homes in an area he pointed to, but there must be 15 or 20 houses along 23rd. Chairman Walshak told Mr. Cassandra he should address his comments to the Board instead of Attorney Eisen because he was speaking in opposition to an application. He offered to make a copy of the letter from Golfview Harbour Estates, Inc. available to Mr. Cassandra. Mr. Cassandra heard a statement that there was a 100 foot limit to where the next houses were. He asked if that included the parking lot and if the parking lot started within that 100 feet. Chairman Walshak was sure that was the correct assumption. Mr. Aguila confirmed that the parking was within the 100 feet. Richard Wabnitz, 1321 $. W. 25th Avenue, noted there were over 100 names, and he wondered where the people frHm Golf- view Harbour Estates, Inc. lived in relation to the zoning° Chairman Walshak answered that they live directly south. Mr. Wabnitz argued that could not be. Chairman Walshak read from the letter, "Our Association borders to the south by S. W. 27th Avenue, to the east by S. W. 14th Court, to the north by Lake Worth Canal ~27, and to the west by Congress Avenue." Chairman Walshak informed Mr. Wabnitz that he had additional petitions in opposition, and he would read them for every- one's benefit when they are finished with everybody. He asked what Mr. Wabnitz what his point was. Mrs. Huckle determined that Mr. Wabnitz wanted to know how closely the Golfview Harbour Estates, Inc. people were associated with - 25 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 the project. According to the letter, Chairman Walshak said they were directly across the canal from this property. People in the audience protested that was wrong. Some shouted that they live directly across the street. One man stated that Chairman Walshak was absolutely wrong, and Mr. Michael shouted that chairman Walshak was not wrong. Ms. Heyden pointed out the locations referred to in the letter from Golfview Harbour Estates, Inc. Mr. Wabnitz argued that there were 89 separate petitions, and he indicated the area they came from. A woman and man in the audience advised that was a different homeowners' association. They were the villas, chairman Walshak again asked what Mr. Wabnitz' point was. Mr. Wabnitz wanted to know what the position was of people living within 400 feet or adjacent to the property. He was told that was important for the final consideration of the Board, not the position of people living in other areas which he pointed to on the overlay. Mr. Wabnitz said he was more than opposed to this because he bought his property two years ago, looking for a nice area. All of the area was zoned for single houses. After expounding, Mr. Wabnitz indicated the location of his house and complained about the dumpster and noise. An unidentified man came to answer Mr. Wabnitz's questions about the letter signed by Mrs. O'Neal. He was representing the people who live In that area and said the letter was correct as to the boundaries, chairman Walshak did not think that was ever in dispute. Peter Ryland, 1311 S. W. 25th Avenue, said he is catty- cornered across the canal, looking directly at the develop- ment. He was opposed to the plan because he agreed with the City that it is against the Land Use Plan. He is a single family homeowner and not interested in having anything other than single family homes behind him. Mr. Ryland was not interested in having 24 hour lighting, noise, the density of people, and having people overlook his property. Anthony LaFerrera, 2370 S. W. llth Strset, Golfview Harbour, lives on the corner of 23rd and llth Streets. He said there are a lot of homes on 23rd Street. The way Attorney Eisen described it, it was not a very desirable place, but Mr. LaFerrera said the residents think it is OK. He hoped the Board would not trade homeowners for a tax base, as it was described here. Mr. LeFerrera was against this whole project and hoped it would stay R1AA. 26 MINUTES - PLANNING & ZONING BOARD BOYNTONBEACH, FLORIDA DECEMBER 15, 1988 Gregg Rasor, 1164 S. W. 23rd Avenue, Golfview Harbour, lived in the area where it was said nobody would buy a house. He said he is the editor of a newsletter in Golfview Harbour. After expounding, he stated he was disturbed by the way this was approached as far as the inconsistency of zoning he has seen in this area, or at least the approach some people have to try and force inconsistencies in zoning. At the meeting on December 7th, of the Golfview Harbour Homeowners Association, 50 members were present, and there was a unanimous vote to oppose the rezonIng of all of these tracts. Mr. Rasor gave the Members a copy of his newsletter and a copy of the petition that was circulated. He called attention to the verbiage in the petition and said it was a copy of the original filing by the Milnor Corporation, and the wording of the filing versus what was shown at the meet- ing differed as far as the zoning on the ACLF. The petition was circulated with the newsletter, and 98 petitions were returned, which represented aPProximately 18~ registered voters in Golfview Harbour. ~ey all opposed the rezoning. Mr. Rasor said the original plat, as set out by the City, was done in 1959, and it was zoned residential at that time. Right now, a commercial park called Quantum Park is going in. He guessed the amount of square feet of commercial property there was triple what is available in Boynton Beae~ now. Mr. Rasor knew there was about half a million square feet of vacant commercial property in Boynton Beach (.property border- ing K-Mart at Woolbright Road and Federal ~ighway). A Publix no longer exists, and a Winn-Dixie at the corner of Congress Avenue and BoyntQn Beach Boulevar'd is empty. Mr. Rasor did not understand why any more commmercial property was needed in the City. As far as care facilities were concerned, Mr. Rasor referred to a care facility that was built near Caloosa Park. He could not see why they could not go in that area, since there is already one facility there, and there would be consistency in the zoning. As far as the other proPerty for professional, as far as doctors Were concerned, Mr. Rasor said the neighborhoods around Bethesda Hospital have been rezoned for professional offices, and that is where that should go. In his mind, there was no reason it should go anywhere it would be in GolfvieW Harbour. The conlsistency should be kept in single family residential homes in that area. Nick Cassandra, 2554 S. W. 10th Court, Golfview Harbour, wished to summarize certain concerns he had for the Board's - 27 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 consideration. One was the Comprehensive Plan. Mr. Cassandra said this Board, as well as former Members, the old City Commission, and the new City Commission spent a lot of time listening to people talk about what this City should look like, and they decided what the Comprehensive Plan should be. Mr. Cassandra reminded the Members that this particular corner has been addressed many, many times (from a shopping center to a church, Manor Care, and now this com- mercial plus an ACLF). Mr. Cassandra recalled being on the Commission when Manor Care came on the C-1 corner, which Milnor Corporation seemed to have bought. At that time, concerns of traffic, drive- ins, and Congress Avenue for this type of development said it should not be there. Mr. Cassandra agreed with Mr. Richter that the City needs an ACLF, but the question was where to put it. He emphasized that it did not belong here. This is a residential area, and they should keep it that way. Mr. Cassandra said they heard that Mr. Michael does not live in Golfview Harbour or in the City any more. After repeat- ing prior statements, he urged that the Members not change the Comprehensive Plan and not be inconsistent to the Comprehensive Plan. Many hours were put in on the Compre- hensive Plan. Something that had seemed to be forgotten was one that was very important. Mr. Cassandra stressed that there was no question that this would be spot zoning, and spot zoning is not allowed in this City. He emphasized that it was all residential, R-1AA and PUD but not Commercial. There was applause. As other speakers pointed out, Mr. Cassandra said 1/2 mile down the road, there is an empty building. There is Wool- bright Corporation, two floors of HMO. Opposite on Wool- bright, there will be a medical center. Mr. Cassandra referred to a lot of things Attorney Eisen brought up about deed restrictions and said he had a very poor feeling about deed restrictions. He told of Go!lfview Harb0ur having a deed restriction on their clubhouse. Mr. Michael refused to release them from the deed restriction, and Mr. Cassandra found that very disturbing. Therefore, deed restrictions worry him. Mr. Cassandra referred to aesthetics around the building, and pointed out that the City Code requires landscaping. reminded the Board that at the corner of 23rd Avenue and He - 28 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Seacrest, there is a C-i, two stories high, no more than 25 feet. In reality, Mr. Cassandra said it is better than 30 some odd feet because they built a driveway underneath the two stories, so the two stories would be true if they were on the ground,- but with the driveway underneath the two stories, it exceeds the 25 foot requirement, goes up to 30 feet, and with the facade, etc., it goes up to 35 feet. Mr. Cassandra strongly recommended that the Members agree with their predecessors, if not with themselves, and stay with low density residential in this area. There was applause. Kevin Ritter, 1301 S. W. 25th Avenue, indicated the location of his property. His problem was that it was stated they would put a s~one wall and buffer. Be lives on the canal, and the canal is not very wide. Mr. Ritter did not see where a stone wall would make that big a difference, but he would rather look at a stone wall because as it stands now, he will be looking at buildings and parking lots and have the lights from cars. Be was opposed to it. Simon Ryder, 2379 S. W. 13th Avenue, said, as Former Mayor Cassandra indicated, he also attended previous meetings of this kind where these parcels were involved and the question was whether to go along with the change in z©ning. In each of the previous instances, the applications did not prevail, and the present zoning remains. The reasons for denying the previous requests apparently were because it was felt the changes were not needed nor that they belonged in this lo- cation. Also, they represented an intrusion upon established, existing residential developments. Mr. Ryder stated that these reasons still prevail. In addi- tion to Silverlake, Quail Run is on the westerly corner. Both corners (Golf Roa~ and Congress Avenue), if they go commercial, will be the only commercial facilities on Golf Road from Seacres~t Boulevard to Military Trail. Obviously, the intent was to establish and complete residential develop- ment. Very often in matters of this kind, Mr. Ryder said you hear that if you do not go for this, you will go for something worse. He stated that was ridiculous. If you maintain the existing zoning, the only thing you can get are single family homes. Mr. Ryder urged the Board Members not to be swayed by the fact that they may get something worse. Mention was made of a tax base. Obviosly, when you build something in addition to what the City has now, the tax base is increased. Mr. Ryder remarked that in spite of the malL, the City had the biggest tax increase in the County for the - 29 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 last year. to impact Mr. Ryder He elaborated and added that the answer is not unfavorably upon established residential areas. repeated prior statements and expounded. In the past, the City approved a number of office buiildings, but Mr. Ryder said they happen to be in commercial zones. No change in zoning was required. However they were never built. Mr. Ryder was talking about four office buildings at Commerce Park on Woolbright amd 1-95 and the office building that was to go in at the Forum Shoppes on Ocean Avenue and Congress Avenue. He asked wh~ they should consider intrud- ing on the residential area when, obviously, there is no public need for more office buildings. Mr. Ryder gave the Prime Bank Plaza as another example. Mr. Ryder urged the Board Members to leave the zoning the way it is now, nothing but single family homes, because of the analysis the City staff made. He felt that was in the interest of the people immediately concerned. Mr. Ryder thought the Board should adcede to the recommendations of the City Staff and deny the reques,ts. There was applause. No one else wished to speak in opposition. Chairman Walshak read a letter from Carmen L. Ford, 1425 $. W. 25th Avenue, ~B, which objected to the three applications and requested that all three be denied. Be read that any form of business in this area will decrease the residential property value and the home type atmosphere fhey have now. Chairman Walshak also had 98 petitions from citizens who live in Golfview Harbour Estates. A man in the audience informed him it was an Association, and they were from private homes inside of the R-1AA area in Golfview Harbour. There are 623 private homes there. Chairman Walshak entered the 98 petitions into the record as being in opposition to the applications. As no one else wished to speak in favor of or in opposition to the proposed request, THE PUBLIC HEARING WAS CLOSED. Mr. Lehnertz had a lot of concerns about the project. He could see where a lot of residents felt they would be highly impacted by the commercial change in zoning. He understood, as he would not want commercial to move next to him. Mr. Lehnertz agreed with the City Staff that the property is developable under the current zoning. He elaborated about homes, office space not being needed, and reiterated what the City Staff had pointed out about the City having almost - 30 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 300 acres of vacant City land that would support an ACLF. With that much land being vacant, Mr. Lehnertz did not think they needed to rezone other land to put an ACLF in. Mr. Lehnertz felt this would provide a highly undesirable precedent. If they rezone any one of the three parcels, the Board will be pressured into rezoning all three parcels. It would put pressure on the northwest to rezone and provide a precedent for other developers or land owners to come in and ask for zoning changes in other parts of the City. Mr. Lehnertz explained and added that the land in this area bet- ween 1-95 going west is neighborhood single family homes with moderate density residential. The overlay the developer put out showed that. There was no reason to drop commercial development in the middle of this residential area. It would make no sense. Mr. Lehnertz referred to commercial zoning in other parts of the City that are vacant and available and said there was no reason to change the zoning for one person. There was applause. Mrs. Uuckle said the Comprehensive Land Use Plan is put together with great deliberation, public hearings, and a lot of input, as Former Mayor Nick Cassandra mentioned. Considering what she heard tonight, Mrs. Buckle did not think there was any indication for a compromising of the Compre- hensive Land Use Plan and changing the use of the property or rezoning it from what it currently is. She thought a plan for a City had to be looked at as a very overall situation. When you zero in on one project, as the Board was doing tonight, as nice as it looks, as nicely as it was presented, and as accommodating as the developer would like to be, Mrs. Uuckle felt they always had to keep in mind the City as a whole. As previous speakers mentioned, the City has a lot of available space and buildings for similar uses to what was proposed. Mrs. Uuckle thought there were areas in the City that are earmarked where they can get ACLFs. For that reason, she did not believe they should compromise or change the Comprehensive Land Use Plan. Mrs. Huekle thought the ~ecommendations from the Planning Department were valid in every respect, and she endorsed them. There was applause. Mr. AnnuRziato felt he needed to make some comments concern- ing what appeared to be an apparent inconsistency in the Comprehensive Plan policy. Be was doing this for reasons 31 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 based upon his experience. Mr. Annunziato referred to having to testify against a rezoning over this property several years ago, at which time the decision was made that Golf Road was a residential corridor. He thought the applicant clearly pointed out that under certain circum- stances, this intersection would lend itself to commercial zoning. ~owever, Golf Road is not the kind of artery which would lend itself to that kind of zoning. It is an estab- lished residential corridor from Seacrest to Military Trail. In fact, Mr. Annunziato said Judge Poulton relied heavily on the expert testimony the City had, to the extent that there was nothing wrong with having a corridor for residen- tial purposes. Golf Road is unique in that regard. Mr. Annunziato continued by saying what on the face of it appeared to be an inconsistency in the Comprehensive Plan policy really fell back to the question of whether the ~evelopments would su~stanially change or impact Golf Road. t Was the City Staff'~S opi~i<on that they would, and it has been the opinion of tbe ~c~ourts i~ the past that they would. Mr. Annunzia~o stated that there was a potential for this going beyond the City Commission, and he felt this informa- tion needed to be put on the record. There was applause. Chairman Walshak thought the developer was willing to make concessions but, in weighing the pros and cons, he heard that the tax base has to be expanded. Chairman Walshak agreed but thought the tax base had to be expanded with the available commercial prol~erty~that is already there, such as the completion of Pylon Plaza in the C-3 area and Boynton Commerce Center (25 acres of M-1 zoning). He thought some- thing had to be done with the empty buildings at the end of Woolbright and Congress. If they can get the areas that are already earmarked C-l, C-2, C-3, and M-l, they will expand the tax base. Chairman Walshak looked at the Comprehensive Plan. Page 39 calls for the encouragement of clustered neighborhood and community commercial centers at arterial and collector inter- sections. Chairman Walshak thought it should also say, "Spot zoning stinks." In weighing the pros and cons of this, it was a toss up as far as he was concerned. A lot of folks agreed with it, and a lot of folks disagreed. Chairman Walshak thought what was leading him to disagree with the project was the spot zoning. He heard Former Mayor Cassandra talk many times about spot zoning. Chairman Walshak disagrees with spot zoning, and that was the underlying factor, as far as he was concerned. There was applause. - 32 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Mr. Richter concurred with everything the Board Members had said, especially what Former Mayor Cassandra said with regard to spot zoning. He pointed out that near that inter- section, a planned housing development was withdrawn. Mr. Richter wondered if it was withdrawn for the reason of trying to see how this hearing would come out. Perhaps a new application would come from that housing area to try and move that area also to commercial, if this was zoned that way. In thinking all of this out and with the presentations tonight, Mr. Richter also felt the Board could nQt do any- thing but go along with the Planning Staff's recommendation. There was applause. When it comes to spot zoning, Vice Chairman Blanchette expressed that he is always against it. What disturbed him in this location is that it is residential, and it has been all through the massive growth the City has had through the late 70s and almost all of the 80s. Vice Chairman Blanchette questioned why it has not been developed and why it is still vacant as it is right now. He wondered if there was a possibility of some type of development coming into the area. If nothing happens to a property and they do not get any development, it just stands there. A woman in the audience interjected that they are asking too much for the property. That was a problem Vice Chairman Blanchette had with this. When Mr. Aguila first came in, he did not know about it. He heard enough discussion tonight to where he had to agree the overwhelming negative factor these particular applications had was the spot zoning and the fact that there is so much land available around town. He guessed he was not in favor of it. Motion on Land Use Element Amendment and Rezoning of Alhambra Square North Mrs. Muckle moved to accept the recommendation of the Planning Staff and DENY the request for an amendment to the Future Land Use Element of the Comprehensive Plan from "Moderate Density Residential" to "Office Commercial" and rezoning from R-1AA[PUD] (Single Family Residential) to C-1 (Office/Professional) for the purpose of allowing construc- tion of a 66,000 square foot professional/medical office complex. Mr. Lehnertz seconded the motion, and the motion carried 6-0. - 33- MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Motion on Land Use Element Amendment and Rezoning of Alhambra Square South Mrs. Huckle moved to accept the recommendation of the Planning Staff and DENY the request for an amendment to the Future Land Use Element of the Comprehensive Plan from "Low Density Residential" to "Office Commercial" and rezoning from R-1AA (Single Family Residential) to C-1 (Office/Professional) for the purpose of allowing construc- tion o~ a 57,800 square foot professional/medical office complex and a 3,000 square foot branch bank with drive- through facilities. Mr. Richter seconded the motion, and the motion carried 6-0. Motion on Alhambra Square ACLF Mr. Lehnertz moved to accept the recommendation of the Planning Staff and DENY the request for an amendment to the Future Land Use Element of the Comprehensive Plan from "Low Density Residential" to "High Density Residential" and rezoning from R-1AA (Single Family Residential) to R-3 (Multi-Family Residential) for the purpose of obtaining Conditional Use approval for a 130 bed adult congregate living facility (ACLF). Mr. Richter seconded the motion, and the motion carried 6-0. THE BOARD TOOK A BREAK AT 10:00 P. M. The meeting resumed at 10:15 P. M. Conditional Use Mrs. Huckle asked if Walshak replied that but it did mean that tion. this was to be postponed. Chairman it was recommended by the City Staff the Board had to follow the recommenda- Mr. Lehnertz moved to DENY the request for Conditional Use Approval to construct a 124 bed ACLF on five acres. Mr. Aguila seconded the motion. Chairman Walshak asked if the City Staff wanted to comment on this. Mr. Lehnertz replied that the City Staff had recommended it be postponed due to a lack of elevations. Vice Chairman Blanchette asked if it was included in the first presentation. Mr. Golden responded that it was hoped everything would go together as a package. Since it was incomplete when it went befor~ the Technical Review Board (TRB), it had to be r!emoved from the rezonings. There were two options at this point. ¥~r~ GOlden advised that the Board could continue it, Pendling the results of the City Commission's decisions on the rezonings, or recommend that - 34 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 it would be denied. There was a motion to that effect on the floor, but Chairman Walshak was concerned as to whether the City Staff's recommendation should be attached to the motion. Mr. Annunziato had been out of the room and just reentered the meeting. He recommended that the Board postpone action on the Conditional Use and advised that they would have ample time to take it off the table and deny it at the January meeting. Not knowing what the City Commission will do, it could still be a viable application. Mr. Lehnertz withdrew his motion, and Mr. Aguila withdrew his second. Motion on Conditional Use Mrs. Huckle moved to postpone this item and that the public hearing be continued until the January 10th, 1989 meeting of the Planning and Zoning Board at 7:30 P. M. and that the public hearing for the City Commission scheduled for January 4, 1990 be continued until January 17, 1989 at 7:30 P. M. or as soon thereafter as the agenda permits. Mr. Aguila seconded the motion, and the motion carried 6-0. ANNEXATION 5. Project Name: Agent: Owner: Location: Legal Description: Description: Jonathan's Grove Kieran J. Kilday Kilday & Associates Richard D. Johnson East side of Lawrence Road, approxi- mately 700 feet south of Hypoluxo Road The N½ of the S½ of the NW~ of the NW~ of Sec. 7, Twp. 43 South, Range 43 East, Palm Beach County, Florida, excepting therefrom a strip of land 40 feet in width on each side of the center line of the County road and excepting any right-of-way for any and all public roads and easements, restrictions of record; containing approximately 10 acres Request to annex a 9.38 acre tract of land - 35 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 LAND USE ELEMENT kMENDMENT AND REZONING 5. Project Name: Agent: Owner: Location: Legal Description: Description: Jonathan's Grove Kieran J. Kilday Kilday & Associates Richard D. Johnson East side of Lawrence Road, approxi- mately 700 feet south of Hypoluxo Road See "Legal Description" above under "5. ANNEXATION." Request to show annexed land as "Low Density Residential" and to rezone from A_R (Agricultural Residential) to R-lA (Single Family Residential) to permit the development of a 33 lot single family subdivision Tambri Heyden, Assistant City Planner, read the memo dated December 8, 1988, addressed to the Board from Mr. Annunziato. Mr. Lehnertz observed that on page 4 of Mr. Annunziato's memo, the Planning Department recommended that this be denied, but on page 5, they recommended that it be approved, subject to comments. Miss Heyden explained that the final recommen- dation was for approval of the annexation and the land use element amendment. However the zoning category the appli- cant was requesting (R-lA) is not being recommended by the Planning Department. Mr. Lehnertz noticed that the Planning Department was recommending that it be approved as R-i-i~AB. Vice Chairman Blanchette interjected that trying to put a $130,000 to $150,000 house on a small lot is difficult with 7~ foot setbacks. He agreed with the Planning Department there. Miss Heyden thought they would find Mr. Kilday had an alternative. Mr. Richter asked if a road was to the north of the subject property. Miss Heyden answered that it is a dirt road. Kieran J. Kilday, Landscape Architect, Kilday & Associates, 1551 Forum Place, Suite 100-A, West Palm Beach, FL 33401, was representing Mr. and Mrs. Louis Mangiacapra, who were with him. He said they are Excel Builders, who were the contract purchasers of the property in question. All in all, Mr. Kilday and the City Staff were almost in exact agreement with the one issue just addressed, which was the width of the lots in question. Mr. Kilday explained that the reason they asked for R-iA category was primarily not due to the lot size but due to - 36 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 the configuration of the property they have. The property is 334 feet wide° In working through a subdevelopment of the property in any kind of configuration, Mr. Kilday said they knew they had to provide a 60 foot wide local street. Many times it is more desirable to try a loop system, but this tract of land is not wide enough to allow for it. Mr. Kilday said that meant it will be a single cul-de-sac type of neighborhood coming off of Lawrence Road. Mr. Kilday called attention to the over abundance of depth on the lots and said the lots themselves would well exceed the R-iA zoning district, and they will exceed the overall square footage of the R-1-AAB zoning district. Because there is an over abundance of depth, he said the net result is the lot frontage is being critical to them in coming up with the ultimate density they feel is feasible in looking at the surrounding area. Mr. Kilday showed the two alternative minimum zoning standards! and what they were proposing. The R-1-AAB, which is the City Staff's alternative, requires a minimum of 90 feet frontage, i00 feet depth, and a 9,000 square foot lot. R-lA, which was what they were requesting, allows for a 7,500 squ~re foot lot, a 60 foot frontage, and a 125 foot depth lot. What they submitted to staff, which was also in the memo of the Planning Director, was that if their offer was approved, it would require that their lots be a minimum of 70 feet and a~ minimum of 137 feet deep. The total square footage is 9i, 590 square feet. In effect, except for the width require- ment of the R-1-AAB, Mr. Kilday said he could have come t~night amd said he would accept the R-1-AAB because they can meet all criteria around it. Because they have so much depth, Mr. Kilday said that by the time they provide the 90 foot width, it causes them to reduce the lots from 33 proposed lots to 27 proposed lots to fit on the site, and the lots would be significantly bigger. Even under the R-lA proposal, they had the same concern about the w~dth of the units. Mr. Kilday passed out house plans that Excel Builders has built and~ will build. The 60 foot minimum, which they could fit on the property and still meet all of the R-lA require- ments, wo~ld have reasonably allowed a good house to be built on the site. That was why they came with what they thought was a compromise in the width and went to the 70 foot lot - 37 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 size. By going to the 70 foot lot size, if the lot was to go minimum setback to minimum setback, the width of the house could be up to 55 feet. He believed there was one 53 foot house in that. All of the rest are less than 53. One was 40 feet wide. Essentially, R-1-AAB was great for them because it was the same overall lot size of what they were looking for, but when they apply the minimum width require- ment to it, suddenly they do not have a 9,000 square foot lot. They have a 12,000 square lot. Mr. Kilday's other concern was that the six lots they were talking about are critical lots to them. While economics was their problem and not the Board's problem, the compati- bility with the area around them was very real. Mr. Kilday referred to a map which showed the approved developments within a one mile radius. They were barely located off of the intersection of ~ypoluxo Road and Lawrence Road. Hypoluxo Road is already a major road, and Lawrence Road is becoming more so. In the last year or two, the Board approved Citrus Glen, Whispering Pine, and Lawrence Grove to the south of them. Those densities came in at 3.7, 6.7, and 4.4, greater than what Mr. Kilday said they were asking for. He alluded to the County approving projects such as Concept Homes at 4.3, one across the street at 4.9, and the high School, which is immediately on the other side of Hypoluxo Road. In assessing this project, Mr. Kilday said they also had to assess the market. As indicated on page 4 of the staff report, out of the City's own survey he said only 125 lots are anticipated to be in the market of greater than 8,000 square feet. Mr. Kilday pointed out that they are 33 of those lots who are coming in and saying that despite the higher densities around them, they can make a lower density, larger lot with a nice single family home, marketable ~n this area. Their problem is they feel they are at the upper limit when they get to 9,500 square feet, in terms of of the lot that can be there, be in the market, and still have to compete with other single family developments selling at a lesser range, such as Lawrence Homes and some of the newer zero lot line developments to the south. Mr. Kilday stressed that they want the annexation. The R-1-AAB sounded great to them if they were looking at square footage, because they are going to provide it. Mr. Kilday said they would stipulate that they would provide the mini- mum 9,500 square foot lot, but they are asking for the R-lA so that they can provide a minimum 70 foot lot. That is the only district that would allow for the 70 foot lot. - 38 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 In anticipation of other comments from other people, in laying out their site with the deeper lot, Mr. Kilday said one of their concerns was that, in that the Board had seen several groves come in for single family developments in the past year, to the north they have neighbors who live on larger lots. The other pieces of land around them are other agricultural type of lands that will probably be coming in sooner or later for some sort of development. Mr. Kilday said he would have to ask the Planning Director how much stipulating they could do and how much the City could hold them to. As part of the Land Use request, he believed the City could still condition them~without it being contract zoning. Mr. Kilday stated that they would stipulate that they would provide a wall around the entire property. After explaining, he said their intent is to build this development by hawing maximum preservation, especially across the rear of the existing groves, so people will have the ~eel of the groves when they come in. They will provide landscape buffering around the ~all and on each of the lots because' %hey have excess lot depth that they can work with. Mr. Kilday asked the Board's approval of the requests and asked for approval of the R-lA they requested, but with the stipulation of the lot size of 9,500 square feet. Vice Chairman Blanchette asked if Excel Builders would develop all of the lots. Mr. Kilday answered that they are. Vice Chairman Blanchette determined that Excel Builders would not have someone come in and build another house. Mr. Kilday replied that they will be custom homes, as opposed to model homes. They will do the subdivision, put in the streets, and they will construct each home. In that case, Vice Chairman Blanchette apprised the Members that there would not be any builders asking for variances of the side setbacks. Before they settled on 70 foot lots, Mr. Kilday said they wanted to make sure that would not happen. That was why they settled for the 70 as opposed to the 60 that the Code allowed. Mr. Richter pointed out that 53 feet is the maximum on the houses, but it does not include the overhang. Mr. Kilday agreed and informed him that they would have two feet over- hangs. Vice Chairman Blanchette asked if it would fit, using 70 foot lots. He questioned whether all of the lots would be 70 feet wide. Mr. Kilday answered that they will be a minimum of 70 feet wide. Some cul-de-sac lots will be wider. - 39 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Mr. Kilday informed Mrs. Huckle that the depth of the lots will be 137 feet, and he told Vice Chairman Blanchette that the cul-de-sac lots will not be a problem. The cul-de-sacs are three oversize lots, and they probably will be 12,000 square feet. Mr. Aguila asked about the utility easements. Mr. Kilday replied that there is an existing FP&L utility easement across the north side. All other easements will be done as part of the plat. Mrs. Huckle asked if the applicant wanted a wall for security. She called attention to all the room they would have. Mr. Kilday answered that part of what they are trying to do is to market this as an upscale community identity. They thought the wall would give the people a sense that they are a part of the overall c6mmunity. There is a dirt road in the north area, an~ dust is a concern, and the wall will help against that. In the case of the two parcels to the south, one is a nursery, and the other is not very well kept up. Mrs. Huckle wandered how the neighbors in the beautiful homes to the north will like looking at a wall. Mr. Kilday thought they shoul~ answer for themselves. Mrs. Huckle admitted that was not germane to this item, but added that Mr. Kilday brought it up. Concerning the staff's recommendation, Mr. Annunziato said when you visit the site, it is difficult to remove yourself from the estate setting you are placed in. To the north, there are homes on acre lots, and across the street there ars homes on acre lots. To the north and south is property that is not finall~ developed. The intent was to provide transition from the higher densities to the south from the lower densities to the north and south. The density requested was not high. Mr. Annunziato said the problem the City Staff had was the same as the Members of the P&Z Board, and that was that it is difficult to create that kind of estate setting when you are building with 7½ foot setbacks. tt was not consistent with the development tO the north, and the City did not know if it would be consistent with development to the south. Secondly, Mr. A~nunziato said there are Comprehensive Plan policies concerning preservation of groves, to the extent possible. One problem you have when you narrow a lot is that you almost have ~o clear the lot or, in this instance, from one edge of the development to the other just to get the houses in. Mr. Annunziato thought they could do a fairly good job preserving in front of the house and behind the house, but it would become more difficult, and he explained. - 40 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Obviously, the density here was low, and the lots were large, but the City Staff asked themselves if it was appropriate in the setting in which it would be placed. If they would get the R-1-AAB zoning, Mr. Aguila asked if they could request a variance on the front property line dimension. Mr. Annunziato answered that was where they now were. The lot size was not an issue. They meet the R-1-AAB in size. Chairman Walshak pointed out '%hat they meet the requirements for R-lA. Mr. Annunziato afreed with Mrs. ~uckle that they exceed the requirements for R-lA in lot size. If the Board were to approve the request for R-iA, Mr. Lehnertz asked if the City would have any guarantee that it would be developed with 70 foot frontage lots. He questioned whether someone could say they have R-lA and could put in 60 foot lots. Mr. Annunziato felt more comfortable about imposing conditions of approval on rezonlng than he did about enforcing deed restrictions. He had no problem what- soever with conditioning the approval of this property to a minimum lot frontage. With houses of this size and high quality, Mr. Lehnertz was concerned about them being so close. He did some quick calculations and determined that if one lot was taken off of each side, which drop the lots from 33 to 31, that would add an extra five feet to each lot, making each lot 75 feet, and that would give a 10 foot setback on either side instead of 7½ feet. Mr. Lehnertz asked if it would be a feasible approach to suggest that. He did not want to overstep his bounds but it seemed like a possible alternative, and he explained. Chairman Walshak asked if the applicant would meet the minimum side yard under R-lA. Mr. Annunziato answered, "Yes." Chairman Walshak thought the Board had to first look at the Code, and he asked if the houses would meet the Code at R-lA. If the minimum side yards were there, he thought the Board was "stuck with it." If they do not exceed the densities, Chairman Walshak asked what the Board could say. Mrs. Huckle brought out the fact that the Board did not have to rezone from Agricultural to R-lA. They had that option. There was discussion about Mr. Lehnertz' suggestion, what the applicant was asking for, the sideback and density requirements. Chairman Walshak stated that he was getting answers from the Planning Director that the applicant met - 41 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 the setback and density requirements. There was discussion about the request for R-lA, and prior statements were repeated. Mrs. Huckle pointed out that if it comes in as an annexation, it would come in Agricultural. They are two different items. After discussion, Mr. Annunzlato advised that they could be separate items, and he informed Chairman Walshak that it has been done before. There was further discussion. If the applicant met the requirements for R-iA, Chairman Walshak asked Mrs. Huckle what she would be basing her decision on. Mrs. Huckle replied that the Comprehensive Land Use Plan designates a density of no more than three units per acre. After further comments, Chairman Walshak asked how many units per acre the suggestion was. Mr. Annunziato answered that it was about 3.5. Mrs. Huckle informed Chairman Walshak that the Comprehensive Plan explained that it was because of the area adjacent to it. Chairman Walshak commented that the applicant was requesting 1/2 a unit more than the Comprehensive Plan calls for. There was discussion about side yards, the application, and criteria of the Code. There was also disagreement as to whether the Board was getting into design. Mr. Aguila agreed with Mrs. Huckle that they could look at the applications separately. He thought the annexation made sense in all respects but that maybe R-lA was not the appropriate zoning, strictly because of the number of lots and the frontage. If they had one lot less, maybe R-1AAB would be more appropriate. Mrs. Huckle thought they should go ahead with the annexation application and public hearing and maybe get into the land use amendment and rezoning after the annexation. Chairman Walshak thought they had gotten into both of them already. He stated that they would be treated as separate entities. Chairman Walshak again asked if the plan, as Mr. Kilday explained it, met and satisfied the Code. Mr. Annunziato answered that creating lots 70 feet wide at that depth did satisfy the Code requirements but not the Comprehensive Plan for this area. He added that the P&Z Board is not pre- vented from recommending a different zoning category to the City Commission as long as it is more restrictive than that which was applied for. Mr. Kilday observed that the assumption, as far as setbacks, was that every house being built will be built to setback - 42 MINUTES - PLANNING & ZONING BOARD BO!~NTON BEACH, FLORIDA DECEMBER 15, 1988 lines. He clarified that their market is to provide the buildings so they will not have it. Some buildings will have 10 feet and 15 feet. The setbacks will depend on the custom home model. 7½ feet was a minimum case situation. The plans before the Board Members showed a lot of variations. One of them was only a 40 foot wide building, which will end up with 15 feet on each side. To qualify Mr. Lehnertz's comments, Mr. Annunziato said there was no reliance on what Mr. Kilday lust said. It is what the property is zoned. Chairman Walshak thought the concerns expressed by the Board Members would be a concern to the builder too, from a marketability standpoint. He had no problems with it. If it met the Code, it met the Code. Mr. Kilday wanted Mrs. Louis F. Mangiacapra, who worked hard on this and came up with the 70 foot lots, to explain to the Members why it became important in terms of lot size and width in trying to develop the project. He thought it had definite relevance to the compatibility issues. Mrs. Louis Fo Mangiacapra stated that she owns Boynton Bay Realty, so she does other than sell Excel Builders' homes. She thought the Board's concerns were very much their concerns. They did not want to make anyone in the surround- ing area unhappy with what they were building, but she thought several things had been left out, such as the several mobile home parks directly south of this on Lawrence Road. The area does not warrant the kind of price tags for 75 foot lots. If it was feasible, Mrs. Mangiacapra said they would be more than happy to make the lots 90 feet, but the market- ability, size, and development of the property is not con- ducive to that area. They would not want to begin a project and be stuck with it half finished and have it vandalized because they could not sell the homes. As it is now, they are almost to the $~00,000 price tag, and Mrs. Manglacapra did not believe that area warranted much more than that. Mrs. Mangiaoapra explained that if a 40 foot home is on one lot, they can put a 50 foot home om another, and so on. Some of the homes were resold, pending annexation, so they know what they are doing. Mrs. Mangiacapra stated that they have built many homes in the Boynton Beach area, and they try to make them as lovely as possible. She assured the Members that the applicant has no intention of jamming the houses up together. Also, someone buying property with a price tag of $200,000 is not going to be someone who will 43 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 want to cut grass. Mrs. Mangiacapra told the Members to consider that they were asking for big yards. 137 feet deep is a lot of yard, and they were not talking to people who want to raise animals, etc. Mr. Kilday informed Chairman Walshak that the density on this would be 3.5 units per acre. Chairman Walshak asked if it was wrong that R-lA is 5.80. Mr. Annunziato replied that the 5.80 would be a factor of taking 7,500 square feet and dividing it into 43,560. It does not account for streets, common areas, etc. Generally, R-lA single family subdivisions are closer to 3.8 units per acre. Chairman Walshak did not see where that was even arguable. There was disagreement as to what the Comprehensive Plan and Land Use Plan recommended. When they first filed the application, Mr. Kilday said that was a q~estion of theirs. Mr. Kilday thought basically, it was saying, looking at the northwest quadrant and the overall density of all of the developed land in that area should be at 3 units per acre. That was not to say that individual parcels may develop at a higher or lower density. In this case, they know properties to the far north a~e at a much lower density, but the City was trying to achieve 3 i.n the overall area. Vice Chairman Blanchette alluded to property to the north, especially the one on Hypoluxo ROad, is covered by not so pretty houses, and it looks like they will be there until the wind blows them away. Mr. Kilday added, "or until the wind blows them away." Vice Chairman Blanchette stated that north of this property is not the best property in the world. Mr. Kilday said that was why they talked about putting up the wall. They have to talk about making their own neigh- borhood because while they have Attorney Bragg's magnificent house to the north, there are old houses on one side of Lawrence Road that they have to consider. Comments were made about the County's Code. Chairman Walshak stated that the Evaluation and Appraisal (E&A) Report calls for annexed land to come in at about 3 units per acre. Mr. Aguila asked if they were talking about individual parcels or the general area. Chairman Walshak replied that they were talking about the general area. In the time he had been involved with this, Mr. Lehnertz never saw anyone come in to any degree under what the recommended density is. If they look at the Comprehensive Plan recommendations as saying approximately 3, then this - 44 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 is still above it. It is natural for someone who owns land to put as many houses on it as they can get. Mr. Lehnertz saw no problems with that, but he did not see someone coming in right next to this parcel of land or a short distance away from it and saying they want to put in 2 or 2.5 units per acre so that the whole area would be closer to 3. Mr. Lehnertz still thought they should follow the recommendations of the Comprehensive Plan, and he elaborated about the development around this project. There was discussion about the Comprehensive Plan and what developers would do. Chairman Walshak asked if anyone wished to speak in favor of the application. There was no response. Chairman Walshak asked if anyone wished to oppose the application. Morgan S. Bragg, Attorney at Law, who resides at 3989 - 71st Avenue South, Lantana, indicated his parcel as being Lot 309 on the overlay and said he also owns Lot 308. The two lots combined are 3.75 acres. There is a residential home on Lot 308, which he uses for his own purposes. Attorney Bragg bought the home when it was a shambles, and he spent thousands of dollar.s improving the property. His house on Lot 309, on 2.15 acres is an approximately 4,000 square foot two story colonial home with 90 some odd feet on the sides of a 92 foot long home. To the east of him is a 2.175 acre parcel owned by Joe and Geneva Stevens. Attorney Bragg said the overlay was incorrect. Brewster's Nursery is on the eastern portion of the Stevens property. East of that is parcel 310, owned by Mr. John Phillips, who has a very nice 2,200 square foot beautifully landscaped home. East of that is an approximately 2,500 square foot home of French architecture with a mansard roof owned by Mr. Dennis Grillo. Attorney Bragg was representing the opposi- tion of all of the property owners of 71st Avenue South. He did not have direct authorization to act as the representa- tive of Lot 306. 5owever, based on former petitions to rezone the property, that owner was in oposition to a peti- tion that came before this Board and the City Commission in January of 1986. Attorney Bragg stated that they were opposed to the proposal for the reasons many of the Members expressed. If the applicant gets the R-lA zoning, he asked what commitment there would be that they would follow the anticipated or represented plans of adjusting the side setbacks. Attorney Bragg asked what commitment the City would have that they would build house of 1,800 to 2,000 plus square feet when MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 R-iA authorizes a home at 1,250 square feet. There would be 7½ foot setback lines, 15 feet between the houses. Coming down the dirt road, Attorney Bragg said they would see the houses, 40 or more feet wide, separated by a 15 foot opening. It would be driving through a tunnel that has an occasional window in it. Attorney Bragg continued that they would have 4 houses whose backs would face his front. Look- ing out his front, absent a wall, he would see the back yards, storage facilities, recreational vehicles, laundry hung out, and they would want a wall for whatever develop- ment is placed on this 9.38 acre parcel. Attorney Bra~g stated that they were opposed to R-iA because they have no guarantees that could be put in the approval for this that would satisfy their concerns about the develop- ment of the property. At the beginning 0f the meeting, he understood the Chairman to say that the Board's position was to evaluate the Community Redevelopment Plan and its consistency with the 1986 Comprehensive Plan. From what he heard, this was not consistent with the Comprehensive Plan. Attorney Bragg said that certainly, it meets the R-iA zoning. It would meet the next lower zoning also and the next lower zoning below that, but it is not compatible with the neighborhood as it exists at the present time. In January of 1986, a proposal by the present owner to redevelop this property and put 46 multi-family units on the property was rejected by this Board and the City Commission. At that time, Attorney Bragg said the Planning Department and Mr. Annunziato made some recommendations to the Board. Attorney Bragg recalled that Mr. Annunziato said in January, 1986 that because of the existence of the facilities and the real estate development in the area, R-l-AAA was compatible and consistent with the Land Use Plan. Since January of 1986, in the area of this proposal, Attorney Bragg said there has been no change in the ten acres immediately to the north, no change in the 87 acres that form an "L" around the property, and no change in this approximately 10 acres, but from January, 1986 to December, 1988, there have been no changes to substantiate a change in the recommendation of the Planning Department of this City. Attorney Bragg was concerned about the lot sizes. They satisfy certain requirements, but they do not satisfy the problems and concerns he had Because of setbacks. Chairman Walshak disagreed, saying theM do meet the requirements of - 46 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 the Code for R-iA. Attorney Bragg argued that they do not meet the requirements of R-1-AAB, nor do they meet the requirements of R-l-AAA. Chairman Walshak pointed out that the applicant was not requesting that. Attorney Bragg argued that it was not consistent with the Comprehensive Plan because it was more than 3 units per acre. Chairman Walshak informed him that was for the general area. If you take the other acres to the south where Hovnanian is building and the average density per acre there and 3.4 units per acre here, Attorney Bragg stated the average would be well over 3.4, and they would be close to 5 or more units per acre, so they would not be get%ing an average of 3 units per acre for the general area in the area of City property. There is a provision in the Zoning Code of Palm Beach County, and Attorney Bragg believed the principles applied to the zoning in the City. He said the purpose of the Zoning Code is to protect and improve the appearance, convenience, and general welfare; conserve the value of lands, buildings, and resources; and to protect the character and maintain the stability of the neighborhood. kttorney Bragg said their concerns about the lot setbacks were real, and he felt this petition, as the Planning Department suggested, should be denied. If there is a change in zoning, it should be to the R-l-AAA, as was recommended three years ago. As no one else wished to speak in favor of or in opposition to the applications, THE PUBLIC HEARING WAS CLOSED. M~. Aguila asked that the difference between R-i-AAA and R-1-AAB be explained. Mr. Annunziato began to answer and Attorney Bragg disagreed with the setbacks he mentioned. Chairman Walshak advised that R-l-AAA had an available lot area of 12,500 square feet, lot frontage 100 feet, minimum front yard 30 feet, minimum rear yard 35 feet, minimum side yards 30 feet, and minimum living area 2,200 square feet. The maximum lot coverage is 35%, and the maximum structure height is 25 feet. Mr. Lehnertz agreed with the Planning Department in that he felt this would be good land to annex into the City. It satisfies all of the City's requirements for annexation. Mr. Lehnertz could not go along with the rezoning as the Comprehensive Plan recommends this area should be approxi- mately 3 units per acre. - 47 MINUTES . PLAi~NING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Mrs. Huckle directed the Board's attention to the comments from the County Staff. She read from the second page of a letter addressed to City Manager Cheney, dated December 6, 1988, from Roxanne Manning, AICP, Principal Planner, the staff comments from James Ponseti, Planner, Planning Division, and she further read page 3 of the letter. Mrs. Heckle asked Mr. Annunziato how the Board should respond to that. Mr. Annunziato answered that it all depends on how you are looking at what is being created. Mr. Annunziato said the annexation policy resulted directly from what happened in Palm Beach Gardens, and he explained. He stated that Boynton Beach has pursued a very, very conservative annexation pol%cy. It is probably the only city that has adopted, by Ordinance, an annexation line. The activities of the City over the last several years have been to annex only to that line and close County pockets as opposed to creating County pockets. As Mr. Annunziato read the comment from the County Staff and the one which will follow the next set of requests, he found they were short sighted and did not really address the issue as it applied to Boynton Beach. Mr. Annunziato stated that the City's position is that the City is not creating County pockets. The City is closing County pockets. The City has an annexation limit at Hypoluxo Road and an annexation limit at Lawrence Road. The City is east and south of those ~imits, and it is closing the extent of the pocket by annex- ing the properties as they develop. What is substantially lacking from the County's analysis is a "what if" question. Mr. Annunziato asked what the impact is on County systems if the City do~s not annex. There is no impact on the County systems if the City does annex because Boynton Beach is the urban service provider. Mr. AnnuHziato explained. Mr. Annunziato thought the issues were what would happen if the City would not annex. He asked if the City is suppor- tive of County growth management policies, creating pockets or closing pockets. Mr. Annunziato answered that the City's position is that the City is totally supportive of County growth management policies. It costs more to the County residents to not annex this parcel. He repeated that the City is closing County pockets, not creating new pockets. After repeating prior statements, he expressed that the City thinks when it is totally analyzed, the conclusions reached will be the same conclusions the City reached several years ago. Mr. knnunziato said the City speHds a lot of time analyzing annexations. It does not annex outside of severely compact boundaries and is closing the boundaries. 48 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Mr. Annunziato told the Members that no matter what they do with this conservative kind of annexation policy, they will create unincorporated areas north or south of and within, but for the most part, the areas are undeveloped. When they do develop, they will develop in Boynton Beach and will close the pockets. That is the City's position, and the City will proclaim that position publicly if it has to before the Board of County Commissioners because the City thinks it makes sense. Mr. Annunziato said it is the only thing that makes sense, given this situation. Mrs. Huckle asked how complicated it is to get an interlocal agreement. (This was mentioned in the County's letter.) Mr. Annunziato replied that the City does not even know what that means, and the County does not know what it means because there is no way to force somebody to annex. Mrs. Huckle asked why it was getting in the Board's way tonight. Mr. Annunziato answered that the City does not think it does get in the City's way at all. Mrs. Buckle just wanted an official opinion. Mr. Annunziato continued that the City's position is that these are annexable parcels. They are in the path of urban development, are in the City's reserve annexation area, and the City is the service provider. The City provides all kinds of urban services in this area already. It would be less of a burden on the City structure because the City is already serving that area, Mr. Annunziato apprised the Members that the person who drafted the County's letter is a very fairly young Planner, who read the policy and did not get to the account. That was the City's position. Motion on Annexation Vice Chairman Blanchette moved to approve the request to annex a 9.38 acre tract of land named Jonathan's Grove, owned by Richard D. Johnson. Mrs. Huckle seconded the motion, and the motion carried 6-0. Motion on Land Use Element and Rezoninq Mr. Aguila moved to accept the Planning Department's alterna- tive to the proposal submitted by the applicant and rezone the parcel R-1-AAB, as outlined on page 4 of Mr. A-nnunziato's memo (Addendum A-l), subject to staff comments. Mrs. Buckle seconded the motion. (See Addendum A-1 through A-3 inclusive, attached to the original copy of these minutes in the Office of the City Clerk. - 49 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Mrs. Huckle wondered if they had to do anythinq with the original request first. Mr. Annunziato did not think so. A vote was taken on the motion, and the motion carried 4-2. Chairman Walshak and Mr. Lehnertz voted against the motion. ANNEXATION Project Name: Agent: Owner: Location: Legal Description: Description: Winchester Tract ~1 Bill Ray Winchester Bill R. Winchester Elsie A. Winchester North Congress Avenue at Old Boynton Road, southwest corner See "Addendum C" attached to the original copy of these minutes Request to annex an 18.02 acre tract LAND USE ELEMENT AMENDMENT AND REZONING 8. Project Name: Winchester Tract ~1 Agent: Bill Ray Winchester Owner: Bill R. Winchester Elsie A. Winchester Location: North Congress Avenue at Road, southwest corner Legal Description: See "Addendum C" attached to the original copy of these minutes Description: Request to show annexed land as "Agriculture" and to rezone from AR (Agricultural Residential) to AG (Agri- culture) to allow for future commercial development ANNEXATION Old Boynton 9. Project Name: Agent: Owner: Location: Legal Description: Winchester Tract ~2 Bill Ray Winchester Bill R. Winchester Elsie A. Winchester Ernest Klatt West Boynton Beach Boulevard at Winchester Park Boulevard, northwest corner See "Addendum D" attached to the original copy of these minutes - 50 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Description: Request to annex a 28.88 acre tract of land LAND USE ELEMENT AMENDMENT AND REZONING 10. Project Name: Agent: Owner: Location: Legal Description: Description: Winchester Tract ~2 Bill Ray Winchester Bill R. iWinchester Elsie A. winchester Ernest Klatt Wes{ Boynton Beach Boulevard at WincheSter Park Boulevard, northwest corner See "Addendum D" attached to the origSnal copy of these minutes Request to show annexed land as "Agr$culture" and to rezone from AR (Agricultural Residential) to AG (Agriculture) to allow for future commercial development ANNEXATION 11. Project Name: Agent: Owner: Location: Legal DeScription: Description: Winchester Tract 93 Bill Ray Winchester Bill R~ Winchester Elsie A. Winchester Winchester Park Boulevard at the L.W.D.Do L-24 Canal, northwest corner See ,Addendum E" attached to the original copy of these minutes Request to annex a 3.43 acre tract of land LAND USE ELEMENT AMENDMENT AND REZONING 12. Project Name: Agent: Owner: Location: Legal Description: Winchester Tract #3 Bill Ray Winchester Bill R. Winchester Elsie A. Winchester Winchester Park Boulevard at the L.W.D.D. L-24 canal, northwest corner See "Addendum E" attached to the original copy of these minutes - 51 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Description: Request to show annexed land as "Agriculture" and to rezone from AR (Agricultural Residential) to AG (Agriculture) to allow for future commercial development Miss Heyden read Mr. Annunziato's memorandum dated the 9th of December, 1988, which was addressed to the Board. Roger Saberson, Attorney at Law, 110 East Atlantic Avenue, Delray Beach, FL 33444, wished to make it very clear to the Members that even though the applications were filed for Agricultural land use designation and agricultural zoning, that was not the intention because of the use of the property. The intention was that it be used for Commercial purposes. He thought the record should be clear on that, and he thought the staff was clear on that in their report and recommendations. The other thing Attorney Saberson wanted to discuss with the Board was a provision in the existing Comprehensive Plan that t~e City Stafff pointed out to them. He thought it was refer~ed to as Conflict Area 51. Attorney Saberson said a line ~s set forth in the Comprehensive Plan that is about 500 f~et west of Winchester Boulevard, which the City Staff referred to, and the restriction proposed in that area is Office. It is an area that is almost 25 acres in size. The entire site is approximately 50 acres in size. Attorney Saberson thought that large a component of Office, because of market conditions, was unwarranted, and he asked that the Members consider that, discuss it, and maybe the applicant could ~get some feedback as to what the Board's feelings are. In looking at the surrounding area, Attorney Saberson said they would see the entire northern border of the property is bordered by the Boynton Beach Mall. On the west, there was indicated a realignment of Knuth Road that he understood had been discussed somewhat with the City Engineering Department and Planning Department. It was Attorney Saberson's under- standing that the Engineering Department and the Planning Department were in favor of this type of realignment. He indi~cated property that had been approved for some time for Office but did not as yet get going. Along the north side of Boynton Beach Boulevard, there is predominantly Commer- cial type of development. Attorney Saberson explained on the overlay what the Comprehensive Plan did and did not recommend for commercial development and he pointed out the uses Of various lands. - 52 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Attorney Saberson stated that they feel this property is part of a commercial corridor and is the "hole in the dough- nut" of the commercial development that is taking place in that area. The kind of development that is likely to be absorbed and which the market will accept is Commercial Retail. Attorney Saberson thought that would be better for the applicant and the City, and after explaining, he said the City can start collecting $400,000 a year that the City .Staff estimated as tax revenue. That was a very important consideration for them, as they did not feel Office was any- thing the market would accept. There is too much Office around, and Attorney Saberson referred to Quantum Park and other office projects that are vacant or which have not been started. Attorney Saberson thought the Plan needed some reconsideration in terms of the Office component of this property. Mrs. Huckle pointed out that was not part of the application process tonight. Attorney Saberson said one thing the applicant was doing in regard to the applications was evaluating their position and the condition of the property in the event that they proceed with the applications as they presently are configured. If the applications proceed to the City Commission and the City Commission approves the applications, the land use designa- tion and the zoning will be Agricultural. They intend to use the property for Commercial purposes. That would be their preference if something could be worked out to designate the land for Commercial and indicate that the extent of Office would be substantially reduced, if not eliminated. Attorney Saberson said that would require amend- ments to the application and amendments to the text of the Comprehensive Plan. In speaking to Mr. Annunziato today, Attorney Saberson recalled that Mr. Annunziato did not seem to think that the time frame would permit that. Attorney Saberson did not know what other land use applications the City had pending and how important they were to the City versus this applica- tion. That was a decision the Board would have to make. Mr. Richter concurred with Attorney Saberson's thinking. He referred to the acreage and commented that it would be a lot of offices. Mr. Lehnertz agreed, but he felt that was not a big consideration at this point, since just the annexation and rezoning had been proposed. The rezonings will allow a later zoning and development change. Attorney Saberson was interested in hearing the Board's comments and whether there was any way they could work it out sooner in order to do the - 53 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 land use designation and zoning to be consistent with what they perceive to be, and what they hope the City will perceive to be the ultimate use of the property. Mr. Annunziato did not know of any way to do it any sooner than what they were doing right now, and he wanted to be clear about what the City's position was. He thought the City's position on the property was that the line of 500 ~eet has some built in constraints imposed by roadway capacity and other things. If, when the applicant does his final planning, those constraints do not exist, and he comes back in for a plan, he can ask for that line to be moved, based on his findings. Mr. Annunziato did not think there would be that kind o~ built in resistance. Markets and road- way analyses will give better information in the future. Mr. i~anunziato noted that Attorney Saberson suggested that maybe there was a way to do it as expeditiously as possible and not hold the applicant up, to wait for this application to be amended. He did not know what form ~he application would be amended in. The policy of the City has been for this property to have a unified plan for development. It was Mr. Annunziato's opinion that there could not be a uni- fied plan for development withou~ exceeding %he Chapter 380 threshold. Rezoning it to C-3 wquld offDr t~e opportunity %~ the applicant to develop it piecemeali{ without a unified plan, which controls points of access, o~erall square foot- ages, and impacts. Mr. Annunziato stressed that the City's position was very clear on this property. That was that the property has real commercial potential. It is an asset to the applicant, which he recognizes, and it is an asset to the City, which the City recognizes. Mr. Annunziato pointed out that it is a continuation of the dynamic urban sphere of development which starts at the mall, includes Motorola, Quantum, etc. There was no question in the minds of the City that it d~serves that attention. However, procedurally, Mr. Annunziato stated that the City is in th~ right position and the right process right now. The property should be in the City. Any application for development should be an application for unified development so that all of the issues can be addressed. The City should be involved in that decision making. Attorney Saberson responded that Mr. Annunziato was exactly right when he said Attorney Saberson was requesting today, when they met, to explore the opPortunity to try and put - 54 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 this land use amendment and zoning in a category consistent with the ultimate use of the property. At that time, he asked Mr. Annunziato about scheduling, time tables, etc., and he understood the City had at least one other land use amendment that will go to the State. The City will have to decide how important the various applications they have are, in terms of timing. Attorney Saberson said the City certainly has no deadline with the State in terms of sub- mitting the first set of land use amendments by a certain date. Mr. Annunziato advised that for example, if the City Commission conducts a public hearing on Johnathan's Landing and Johnathan's Landing decides to process a plan amendment, there is a language in the Statute which no one clearly understands that says immediately following public hearing, you must transmit. He stated that the City thinks that means a week or ten days. It does not mean several months. The Commission would have to terminate ~ction on the previous application, and Mr. Annunziato did not think that was fair. Mr. Lehnertz asked whether there were any plans in the immediate future to put together some ki~d of developments for this particular area. Attorney Saberson replied that his client was having discussions now wilth several prospects. He thought those prospects were concerned about the process they were going through now and how lon~ it will take. If they go through the process and get an ~gricultural designa- tion, the prospects know they will have to go. back through the process again. He wondered what th~ timing would be and thought the prospects would prefer tio see this get a more rapid designation towards Commercial use than the process presently would permit. Mr. Annunziato did not know a way to do .that and be con- sistent with the City's policy. Mrs. H~ckle reminded the Members that the applicant has owne~ the property for years, and she questioned why they were waiting so long. Attorney Saberson did not know. He thought development gradually occurred in this area, and they were watching the development as it was taking place and flelt that, given the population in the area and surrounding l~nd uses, the time was right to come Attorney Saberson could understand the City's position if they had other applications that had to proceed. He thought his client would like some feedback from the Board as to how - 55 - MINUTES - PLAN~ING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 they felt about in the future amending the 500 foot restric- tion in terms of the Office. Chairman Walshak replied that it would depend on the information they would submit with the application and how their studies go. He added that the Board cannot make an answer based on what they cannot review. Mr. Saberson stated that the Board could say they agree with the applicant that much office on the site at this time is not feasible. Enrico Rossi, Civil Engineer for Mr. Winchester, Rossi and Malavasi Engineers Inc., 1675 Palm Beach Lakes Boulevard, West ~alm Beach, knowing the questions of traffic will be raised by any prospective buyer, said they retained the firm of Kimley Horn & Associates six or eight months ago to prepare a traffic study so that if a buyer would come along and ask how they stood with the intersection of Boynton Beach Boulevard and Congress Avenue. The results of that study showed that this property developed fully retail/ commercial with all of the rest of the things that are planned in the corridor will not go beyond the six lane c~pacity of Congress Avenue, which was one of the major concerns. The other aspects of this, from the civil engineering end of this, an the process of pUtting the road through to serve DeBartolo, Mr. Rossi said all of the necessary lines to serve this property were placed in the spine road called W~nchester Boulevard. He confirmed Chairman Walshak's state- ment that at total buildout, they will not exceed Level of S~rvice "C". When you do these studies, Mr. Rossi said you do them within the five mile range to see what links within the system will be affected. Mr. Rossi stated that it meant improvements would be required if anyone develops. The first thing will be six laning of a certain portion of Congress Avenue, so there will be outlays of costs that were reflected in the study. It will be the responsibility of the development to do. As time goes on, certain other people will take the responsi- bility for those things. Mr. Rossi gave examples and added that there are certain links that if these people do not do it, the developer of this will have to come in. Mr. Rossi was talking about about $1,500,000 worth of roadway work. Vice Chairman Blanchette asked if the possibility of Woolbright Road going out to Military Trail considered. Mr. Rossi answered that it was considered, and the realignment of Knuth came into play. They have had a number of meetings, some of which were attended by Mr. Annunziato, and the City - 56 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 showed an interest. If the developer would take the lead and get the road realigned, Mr. Rossi said the County and City indicated that this would be a good move in diverting a lot of traffic from the mall directly down to Boynton Beach Boulevard. He stressed that a lot of planning has been done. He did not want the notion that they were just coming in with the idea that no planning has been going on in the background. Chairman Walshak asked if anyone wished to speak or in opposition to the applications. There was THE PUBLIC HEARING WAS CLOSED. in favor of no response. Motion on Annexation - Tract Mr. Lehnertz moved to approve the request to annex an 18.02 acre tract of land, Winchester Tract 91, owned by Bill R. Winchester and Elsie A. Winchester, and located at North Congress Avenue at Old Boynton Road, southwest corner, sub- ject to staff comments attached as "Addendum F" to the original copy of these minutes in the Office of the City Clerk. Mr. Aguila seconded the motion. Chairman Walshak asked if the applicant would agree to all of the staff comments. With regard to the comments from the Planning Department, Attorney Saberson said Mr. Winchester has an existing lease on the billboard. They have to review it and see if there is that kind of contractual provision in it. He had no problems with the other staff comments. There was discussion about the staff comments. Attorney Saberson told the Members the only comments they had were the three (Planning Department, Utilities Department, and Management Services). There was discussion about the dedication of rights-of-way. Attorney Saberson advised that the rights-of-way for Old Boynton Road and Congress Avenue were dedicated. Boynton Beach Boulevard is already developed. There were comments about the billboard. If there was a current contractual obligation, Mr. Annunziato suspected it had a termination date. The City's position was that when the contractual obligation ceases, they should remove the billboard. The City does mean that to be ten or five years. If there is no current contractual obligation, the billboard should be removed in sixty days. The City was obviously not telling Mr. Winchester to break a lease. He has to submit his lease to the City Attorney, and the City Attorney will follow with lease amendments. 57 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Attorney Saberson agreed to the staff comments. A vote was taken on the motion, and the motion carried 6-0. Motion on Land Use Element and Rezoning - Tract Mrs. Huckle moved to approve the land use element and rezonin~ request for Winchester Tract %1 at North Congress Avenue at Old Boynton Road, southwest corner, to show annexed land as "Agriculture" and to rezone from AR (Agri- cultural. Residential) to AG (Agriculture) to allow for future c!ommercial development, subject to staff comments attache([ to the original copy of these minutes as "Addendum F". Mr Richter seconded the motion, and the motion carried 6-0. M ~tion on Annexation - Tract Mr. Richter moved to approve the request to annex a 28.88 acre tract of land (Winchester Tract %2) located at West Boynton Beach Boulevard at Winchester Park Boulevard, north- west corner, subject to staff comments attached to the origina~ copy of these minutes as "Addendum F". Mrs. Huckle seconded the motion, and the motion carried 6-0. M9tion on Land Use Element Amendment and Rezoning - Tract %2 Vice Chgirman Blanchette moved to approve the land use ele- ment and rezoning request for'Winchester Tract %2 at West Boynton Beach Boulevard at Winchester Park Boulevard, north- west co~ rezone (Agricu~ subject these m motion, Mc Mr. Agu: tract o: Park Bol subject these m~ mot ion, · ncr, to show annexed land as "Agriculture" and to !rom AR (Agricultural Residential) to AG .ture) to allow for future commercial development, to staff comments attached to the original copy of nutes as "Addendum F". Mr. Lehnertz seconded the and the motion carried 6-0. ~tion on Annexation - Tract la moved to approve the request to annex a 3.43 acre land (Winchester Tract ~3) located at Winchester [levard at the L.W.D.D. L-24 canal, northwest corner, to staff comments attached to the original copy of nutes as "Addendum F". Mrs. Huckle seconded the and the motion carried 6-0. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 15, 1988 Mrs. Huckle moved to approve the land use element and rezoning request for Winchester Tract ~3 at Winchester Park Boulevard at the L.W.D.D. L-24 canal, northwest corner, to show annexed land as "Agriculture" and to rezone from AR (Agricultural Residential) to AG (Agriculture) to allow for future commercial development, subject to staff comments attached to the original copy of these minutes as "Addendum F". Vice Chairman Blanchette seconded the motion, and the motion carried 6-0. Request by Applicant Attorney Saberson asked, for the applicant, if the Board would indicate to the City Commission that the Board believes the existing prescription for Office, since everything west of that is Office, is not feasible. Chairman Walshak doubted very seriously that he would even consider that at this point. Mrs. Huckle stated that she would not go along with that. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 12:08 A. M. (Five Tapes) - 59 - CRANBROOK LAKE ESTATES HOMEOWNER'S ASSOCIATION, INC. .2306 S.W. 23RD CRANBROOK DRIVE, BOYNTON BEACH, FL 33436 THIS RESOLUTION ADOPTED DECEMBER 13, 1988. WHEREAS THE CRANBROOK LAKE ESTATES HOMEOWNER'S ASSOCIATION, MORE COMMONLY KNOWN AS THE ESTATES OF SILVERLAKE, WISH TO GO ON RECORD OPPOSIN~ ALL THREE ZONING CHANGE R~QUESTS BEING PURPOSED BY THE MILNOR CORPORATION' WHEREAS THE .RESIDENTS OF SILVERLAKE DO NOT ACCEPT THE ARGUMENT THAT IT WOULD NOT BE FEASIBLE'FOR THEM TO BUILD NICE · SINGLE FAMILY HOMES ON THESE PARC~LS. THE ESTATES OF SILVERLAKE IS LOCATED' AT THE SOUTHWEST CORNER OF THIS. INTERSECTION AND CONSISTS OF APPROXIMATELY 25 TO 30 NILL~ON DOLLARS WORTH OF NICE SINGLE FAMILY HOMES. WHEREAS THE RESIDENTS OF SILVERLAKE PURCHASED THEIR HOMES KNOWING FULL WELL THAT ALL THE SURROUNDING VACANT PARCELS OF LAND WERE ZONED SINGLE FAMILY RESIDENTIAL. THE RESIDENTS WERE ALSO VERY MUCH AWARE THAT THE COMPREHENSIVE LAND USE PLAN CALLED FOR THESE PARCELS TO 'REMAIN ZONED SINGLE FAMILY RESIDENTIAL. WHEREAS THE RESIDENTS OF SILVERLAKE, THE PLANNING AND ZONING BOARD AND THE CITY COMMISSION WERE ALL AWARE THAT CONGRESS AVENUE WOULD SOME DAY BE WIDENED. EVERYONE WAS AWARE OF THIS AT THE TIME THE COMPREHENSIVE LAND USE PLAN WAS ADOPTED. TO DATE, NOT A SINGLE THING HAS CHANGED THE RESIDENTIAL CHARACTER OF ANY OF THESE PARCELS. THE ONLY THING THAT HAS HAPPENED IS THAT CONGRESS HAS FINALLY BEEN WIDENED AS PLANNED. WHEREAS THE ESTATES OF SILVERLAKE MAY NOT OBJECT TO AN A.C.L.F., IF IT WERE TO BE LOCATED ON ONE OF THE CORNER PARCELS. WE DO OPPOSE AN A.C.L.F. AT THE PROPOSED LOCATION. WE FEEL THAT IF IT WERE BUILT AT THE PROPOSED LOCATION IT WOULD ISOLATE THE 4.75 ACRE CORNER PARCEL, THUS MAKING IT LESS DESIRABLE TO CONSTRUCT NICE SINGLE FAMILY HOMES. THEREFORE LET IT BE RESOLVED THAT THE CRANBROOK LAKE ESTATES HOMEOWNER'S ASSOCIATION, INC., COMMONLY KNOWN AS THE ESTATES OF SILVERLAKE, RESPECTFULLY REQUESTS THAT ALL THREE MILNOR CORPORATION REZONING PROPOSALS BE DENIED. PRESIDENT, CRANBROOK-~ ~S'r~%TES - , ~- ~-~ t · HOMEOWNER'S ASSOCIATION, INC. BOYNTON BEACH STAFF COMMENTS Utilities,Department: This area lies within our designated service and must ~be serVed and supported by user rates whether or not it is annexed. Annex~tioa, therefore, has no impact on personnel salaries, etc. Public Works: This annexation alone will not create a significant impact on theoperationsof ~his department. Management Services:- Need streetaddress and notification to Palm Beach County for inclusion in' Master Street Address Guide for routing of 911 calls to City of Bo!rnton Beach. Fire Department: The subject property will be served by our new Station 3. ADDENDUM B-1 MEMORANDUM December 9, 1988 TO: FROM: RE: CHAIRMAN AND MEMBERS PLANNING AND ZONING BOARD CAP~4EN $. ANNUNZIATO, PLANNING DIRECTOR JONATHON'S GROVE. -- STAFF COMMENTS Please be advised of the Planning Department's comments connection with the above-referenced request. Property owner to dedicate right-of-way for Lawrence Road 40 'feet from centerline within 45 days of annexation. 2. Should this request be approved as submitted under the R-1-A zoning district, the applicant -shall plat the property as shown on the conceptual plan with a minimum lot size of 70 feet by 137 feet. in CSA:ro cc Central File CARMEN S. ANNUNZI~ ADDENDUM B-2 MEMORANDUM TO: FROM: DATE: RE: Carmen Annunziato, Planning Director Kevin J. Hallahan~ Forester/Horticulturist December 5, 1988 Jonathan's Groves - Proposed Annexation This memorandum is in reference to the tree survey and conceptual site plan submitted for the above project. The site contains an old citru~ tree grove consisting of rows of trees. The developer is also required to submit the following in addition to the tree survey. 1. Ap lan preserving as ~uch as possible the existing grove trees in accordance with the Comprehensive Plan (section 29, 3.2.3.4.2.2, pg. 86). The plan as submitted does not make mention of preservation methods. In accordance with our City Tree Preservation Ordinance $81-21, section 7.5-12, p. 598, the applicant must prepare a tree management plan for on site protection of trees during construction. The plan is also part of section 7.5-15, pg. 600. I will discuss these two items with the applicant if they are continuing to submit for rezoning to RIA. Forester/Horticulturist KJH:ad DOC:JONA ADDENDUM B-3 lTV CEN'I~R PARCF. n NO. 1 . - ~".~ . ....... , A DIe--EOF 390.00 _~.'~ ~] 680 03' 48" ~, A . OF Way L~ OF O~ COSr~AINI~E ~ZACRES MO~E OR LE~S AND SUB, TECT TO FF~SE'4ENTS AND RTGI{PS OF WAy OF-RECORD. ~DDENDUM C A PARCEL CE LAN-O LYING IN SECTION 19'AND 3.0 OF TOWNS}lIP 4.5 SCXT~I, RANGE ~.43 ~, SS!D P~. BEI~ A ~'~ ~[~ 42-45~6-47-59 :~ ~A~ ~ 8042~.~,IN ~T ~P~ B~ ['~ ~P~ PlAT '~ID P~ BEI~'~ ~Y D~IB~.~-~; l~I~ ~ ~ ~ ~:OF S~'fiON 19, ~SHIP 45 ~l~i, ~E 43 ~, ~~{ a B~ ~F ~{ 870 32' 47" ~T, ~ ~{ ~ OF ~I~.19, A DI~-6P.%095.70 ~ ~ :T~E OF 19~,69 ~'~r ~ A ~; '~ ~ A.B~Ib~ OF ~{ 43 07' 02" ~, A DI~ 0F.'35.00 ~¥mmr ~ A ~I~ ~ ~ ~' RIG}~ ~OF ~Y LI~~OF ~~ ~ (S~R. 80A). ~E ~ A B~I~ OF ~{ 87~ 32' 47".~, ~ ~ ~'~G}~ OF WAY LI}~ OF ~ A DI~E.~F 510.~.~, ~m ~ A B~ OF ~{ 01 ].0 ~OF ~{ 87~P 32' 47" ~, A.~I~ CE 334~88 ~.E~r; ~E 57' 44" ~, A DI~ OF 658;'8~.~; ~ ~{ 88e 06' 16" ~T, A DI~A~.DF 127,65 ~'m=.['; %~5~ Wl~i~{'A B~I~ OF ~R~ 01° 0Ii 32" ~, A DI~ 0F 612.58 ['~'l~ ~f.:A' ~I~'~ ~{~ RIG}~ O~ WAY LI~ OF O~~ 'R~; ~ ~{ A B~I~ 0~ ~ 89° 58' 22' F~, A~] A LF~ L~I~ 40.09 [.'~r ~ OF ~) P~,T~ ~ ~ C~- ~I~ OF ~ ~ ~,. A ]O~ oF 965.32 ~'~T; ~E WIll a B~I~ OF ~] 01~ 00' 33" ~; ,A DI~E. OF 253.01 ~; WIll A B~I~ ~ ~ 88~ 09' 11" ~, A DI~E OF 337.5u ~E~.i, ~ A ~I~ ~ ~ ~ RI~ OF WAY OF;~ ~g~ RO~; ~{~E ~q~l A B~I~ OF ~ 1" 06' 06" ~, ~ ~,.~ RIG}~ OF ~Y ~ ~.J., ~ A D~ OF 7.83 ~ ~ A ~IWF; THeE WI~{ A CURVE qO ~E L~[,'k~ ~VI~ A ~IUS OF 2041.31 ~.'~A~r, A C~.L ~[.,E OF 9-a5-3], ~ AN ~ ~' OF 323.93 ~,'sml' ~ A ~I~; ~E S~I 88~ 06' ~6" ~.~1', A DI~ OF 282.45 FE~; ~E ~ 01° 00' 24" F~?. A IHS-- T~E OF 6~.32 ~'~'1'; ~E ~R'~{ 870f32' 47" F~qT, A DISq'~I.. 201.03 ,.'~ ~ ~ L~S ~ ~ ~I~ 6F B~I~I~.' ~AINI~ ~.~ ~RE OR ~qS ~ S~ ~ ~S~FS OF WAY OF ~. A] ) RTGH'ILS ~/~ SKETCH OF PROP[ RTY DESCRIBED HEREON RICHARD L. SHEPHARD ASSOC. INC. REGISTERED LAND SURVEYORS ADDENDUM D M-R2-//o 7~ NOT INCLUDED I l FT. R/X LXDD 24 [ORB. 2370, _PG'~'It59§~__ __ 927. 5~[' '- -- -- I S NOT )NCLUD~ NDT IN~UD~ PARCEL NO. 3 ;% PARCEL OF lAND LYING IN SECTIONS 19 OF TOWNSHIP 45 SOUT1{, I~ 43 E~ST, SAID PAR~ BEING A PORTION OF ~ 43 & 44, OF 'MNE SUBDIVISION OF SFL'1'TON 19, TOgA~I{IP 45 SOUI1I, RANGE 43 F~ST, AS RECORDED IN PlAT BOOK 7, PA~:E 19 OF THE PIJBLIC RECOD/)S OF PALM BF3~LI! COUNTY, FI.Z]RiDA. SAID PARCEL BEING MOPE FULLY DESCRTBED AS FOLLOWS: CCMME:gCING AT T}~E'SOU~{EAST CORN~9 OF SECTION 19, TOWNSHIP 45 ."*,Ob*'l~l, .- ~ 43 EAST,THENCE WIT~t A BEARING OF SC~3TH 87? 32' 47" WEST, ATA~C, ._~[E-SOUi~{ LINE OF SECTION 19, A DISTANCE OF 1095.70 FEET TO TiH~ POIWF .'OF BEC, INNING; TH~CE WITH A BFARING OF SOUTH 87° 32' 47" WEST, A DIS- _TANCE OF 201.03 F'~r TO A POINT THENCE WITH A BEARING OF NORTH 01° .~ 00' 24" WEST, A DISTAhL'E OF 632.32 ~'~1'; TH~N~E WITH A BEARING OF NC~TH 88° 06' 16" EAST, A DISTAb~: OF 282.45 FEET TO A POINT; THENCE _ WITH A CURVE TO THE RIGT{T !{AVZNG A C~EDRD BEARING OF SOUTH 09° 51' 09" EEST, A 9J%DIUS OF 2041.31 t.]~P, 'A CENTRAL ANGI~ OF 3° 43' 28" AND AN ARC L~tl! OF 132.69 P~* TO A POINT OF REVERSE CURVE; TILSIxlCE WITH 'A CURVE TO ~I~E L~.'r HAVING A RADIUS OF 2301.99 ~.'~t', A CE~IRA!, 'ANGLE OF 13° 01' 36", AND AN ARC LENGTH OF 523.38 I.-~£ TO ;% DO!h~F~ 'THENCE WIT1: A BEARING OF SO~{ 1~ 18' 43" EAST, A DISTANCE O!: 2.]5 [.~J_' MORE OR I~SS TO THE POINT OF BEGINNING. CONTAINING, ~;ACRF~ ~E OR LF_.~S AND SUBJECT TO F~q~MENTS AND -RIG~DS-OF-%,'AY OF ~. kDDENDUM E BOYNTON BEACH STAFF COMMENTS Planning Department: Utilities Department: Management Services: Ail billboards located on the parcels must be removed within sixty (60) days of annexation unless a contractual obligation exists that would prohibit removal. Written proof of any contractual obligatio~ must be provided to the City Attorney for review and verification. This area lies within our designated andmust be served and supp 'ates whether or not it is Annexation, therefore, has no impact on personnel, salaries, etc. Need street address and notification to Palm Beach County for inclusion in Masuer Street Address Guide for routing of 911 calls to City of Boynton Beach.