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Minutes 07-14-87
~NUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN ~SSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, JULY 14, 1987 AT 7:30 P. M. PRESENT Walter "Marty" Trauger, Chairman Robert Wandelt, Vice Chairman Harold Blanchette Marilyn Huckle Simon Ryder Robert Walshak Bob Rousseau, Alternate (Voting) Gary Lehnertz, Alternate ABSENT Martin Jackier (Excused) Carmen Annunziato, Director of Planning Jim Golden, Assistant City Planner Tambri Heyden Assistant City Planner Chairman Trauger called the meeting to order at 7:30 P. M. a~d recognized the presence in the audience of Vice Mayor Ralph Marchese, Commissioner Ezell Hester, Commissioner Leonard Mann, City Manager Peter L. Cheney, Former Mayor Carl Zimme~man, Chamber of Commerce Executive Director Owen Anderson, and Laura Hubbard, Reporter, Sun Sentinel. He introduced the members of the Board, the Planning Staff, and the l{ecording Secretary. MINUTES OF JUNE 9, 1987 Mrs. Huckle moved, seconded by Mr. Walshak, to approve the minutes as presented. Motion carried 5-0. Vice Chairman Wandelt and Mr. Rousseau abstained from voting as they were not present at the meeting of June 9, 1987. MINUTES OF SPECIAL MEETING OF JUNE 23, 1987 Mrs. Huckle moved, seconded by Vice Chairman Wandelt, to approve the minutes as presented. Motion carried 6-0. Mr. Rousseau abstained from voting on the approval of the minutes because he was not able to vote at the meeting. ANNOUNCEMENTS Mr. Annunziato read the following announcements: There will be a Special Meeting of the Planning and Zoning Board July 28, 1987, at 7:30 P. M. at the Royal Palm Clubhouse, to address the zoning issues which resulted from the Evaluation and Appraisal (E&A) Report. Mr. Annunziato said this is the first set of public hearings - 1 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 for rezonings, required as a result of the adoption of the E&A Report as an amendment to the Comprehensive Plan. The August 11, 1987 Meeting of the Planning and Zoning Board will be held at Pineland Plaza, first floor, south- west corner. Chairman Trauger informed everyone that he will be away and will not be able to attend either of these meetings. COMMUNICATIONS Mr. Annunziato had an additional letter concerning Chalet IV (Sandalwood), which was on the agenda. A copy was addressed to the P&Z Board, and another copy was addressed to the City Commission. Both were from Mr. and Mrs. Peter Liberatos. Chairman Trauger advised that the letter would be read into the minutes when they reached that item on the agenda. OLD BUSINESS A. SUBDIVISIONS PRELIMINARY PLAT Project Name: Agent: Owner: Location: Description: Hunters Run Tract I (Tabled 5/12/87) Greg Fagan, P.E. Summit Associates, Ltd. West side of South Congress Avenue, between the L.W.D.D. L-28 and L-30 canals Request for the approval of the construction plans and preliminary plat which provides for the construc- tion of infrastructure improvements to serve 86 units at Tract I of the Hunters Run Planned Unit Development Mrs. Huckle moved, seconded by Vice Chairman Wandelt, to remove this item from the table. Motion carried 7-0. Mr. Golden said this item was tabled at the May 12th meeting for two reasons: (1) The applicants had problems with their drainage meeting Code, and they indicated they would go for a variance. They have since changed their minds and changed the drainage plan to correspond with the requirements of the subdivision regulations. (2) Lack of information on littoral - 2 - MINUTES - PLANNING & ZONING BOARD BOYNT©N BEACH, FLORIDA JULY 14, 1987 zone and upland buffer plantings. The plans have since been revised, and this information was incorporated. Mr. Golden said the recommendation from the Technical Review Board (TRB) was for approval, subject to staff comments. He added that there was a memo from the Forester/Horticulturist stating that additional information is needed on the littoral zone planting. Because of the comment from the City Forester, Mrs. Huckle ~estioned whether the Board could approve this request. . Golden explained that the staff comments would include that comment. Vice Chairman Wandelt pointed out that the BOard did not know what was involved. Chairman Tr~uger asked if Mr. Hallahan accepted what the applicant is going to do. Mr. Golden replied that the basic plan was accept- able, but specific details on how they would accomplish the pi~ntings was needed. Mr. Annunziato interjected that the Environmentalist for Hunters Run, who is a Professor at Florida Atlantic Univer- sity, has been meeting with Mr. Hallahan, and they seemed to re,ch an understanding. Mr. Annunziato explained and added that this did not present a substantial problem for the de~eloper. It was a matter of putting together the proper form of plan. -The applicant looked at samples of plans the Board had recommended approval of and was very comfortable with that program. Mrs. Huckle asked why it was not possible for this to be accomplished before tonight's meeting. Mr. Annunziato could only suggest that Hunters Run did not hire the Environ- mentalist in time to put together a plan for the Board. Mr. Walshak asked if the letter from John Guidry, Director of Utilities, would be satisfied. Mr. Annunziato answered that it will be satisfied in connection with the final plat. They just need to move their lines further apart. Mr. Ryder inquired whether this Tract would be closest to the proposed tower. Mr. Annunziato did not believe so. There is an additional tract to the east of this one, where the old temporary sewer plant was located and where Hunters Run now has its nursery. Tract Q and portions of Tract H may be closer at build out. No one was present to represent the applicant, and Chairman Trauger wondered how he would get an agreement to all of the - 3 - MINUTES BOYNTON PLANNING & ZONING BOARD BEACH, FLORIDA JULY 14, 1987 staff comments, which is what he tries to do before the plat is approved. Vice Chairman Wandelt advised that it would be approved subject to the comments. In response to a query by Mr. Walshak, Mr. Annunziato said preliminary plats do not generally generate much dis- cussion other than from the Board Members, the Cit~ staff, and the applicant, so there probably was no public discussion. Vice Chairman Wandelt moved to qrant the request, subject to staff comments attached as Exhibit A to the original copy of thsse minutes in the office of the City Clerk. Mr. Blanchette seconded the motion, and the motion carried 7-0. NEW BUSINESS A. PUBLIC HEARINGS ABANDONMENT Project Name: Agent: Owner: Location: Legal Description: Description: Quantum Park of Commerce Peter L. Breton Quantum Associates West side of Interstate 95, between Miner Road extended and the Boynton Canal A portion of "Subdivision of Secs. 29 and 20, Twp. 45 S., Rge. 43 East", a subdivision according to the plat thereof, as recorded in Plat Book 7, page 20, Public Records of Palm Beach County, Florida, being more particularly described as follows: That certain 30 foot wide road being bounded on the North by the plat line; on the South by the North r/w line of the Boynton Canal; on the East by Lots 35 through 44, inclusive; and on the West by Lots 45 through 54, inclusive; all as depicted on said subdivision plat. Request for the abandonment of a 30 foot right-of-way Mr. Golden said this is an old platted right-of-way, and the plat will be superseded by the plat of Quantum Park. He called attention to the letter addressed to Betty Boroni, City Clerk, dated May 20, 1987, from Peter L. Breton, - 4 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 Attorney for the applicants, which said the abandonment of the right-of-way was necessary to assure clear title to future lot purchasers. Mr. Golden informed the Members that the responses the City Engineer received from the public utilities indicated that none of the utilities have an interest in the right-of-way. Therefore, the City Engineer recommended approval of the request without any conditions. Peter L. Breton, Attorney at Law, Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., 9th Floor, Barnett Centre, 625 North Flagler Drive, West Palm Beach, representing the applicant, said the right-of-way is located in the south- western portion of the park. It does not extend anywhere near Miner Road but is located halfway between the Boynton Canal and N. W. 22nd Avenue. It was part of a plat filed in 1917, when the property was being replatted. The road itself was never constructed. It does not provide access to any other properties whatsoever, and Quantum Associates owns t/ac property on both sides of the road. As no one else wished to speak in favor of or in opposition to ~he request, THE PUBLIC HEARING WAS CLOSED. Mrs. Huckle moved to approve the request. She were no staff comments. Vice Chairman Wandelt motion, and the motion carried 7-0. noted there seconded the Project Name: Agent: Owner: Location: Legal Description: Description: Public Works Facility Carmen S. Annunziato, Planning Director City of Boynton Beach N. E. 9th Avenue at N. E. let Street, southeast corner See Exhibit B attached to the original copy of these minutes in the office of the City Clerk. Request for the abandonment of an alley right-of-way in connection with the future expansion of the Public Works complex Miss Heyden said the right-of-way is known as Congress Court. Congress Court abuts the southern property line of the public works complex and exists as a 30 foot alley at the intersection of N. E. let Street. The purpose of the request was to allow for increased setbacks between the - 5 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 public works complex and the neighboring houses to the south. As the alley is unimproved, abandoning it would result in better care of the land. In addition, Miss Heyden said a more practical use arrangement of land use can be achieved · n connection with the future expansion of the public works complex. The City Engineer recommended approval of the request, sub- ject to the granting of a ten foot easement to Florida Power & Light Company for existing underground utilities in the south ten feet of the alley. See Exhibit C attached to the original copy of these minutes in the office of the City Clerk. Mr. Walshak noted there were properties to the south, and he wondered who the property would be deeded back to. Mr. Annunziato replied that half would go the City and half would go to the property owners to the south. He added that the project will come before the P&Z Board next month. This did not change the current plan of land uses at the Public Works site. It allows the City to enjoy a larger setback and to ~us~ the fence further to the South and landscape the s0uth s~de of the fence. It takes out an undeveloped alley and landscapes it. There were some comments. Mr. Blanche~tte asked if it would be screened from the private properties. Mr. Annunziato replied, "Absolutely." There will be a ten foot chain link fence along the south. Last night, Mr. :Annunziato, acting for the City, secured a height variance for a fence. The fence will be screened from the outside with a hedge, and there will be vines growing against the fence, so there will be~a much more substantial barrier. Mr. Blanche~tte said six feet would not be high enough to hide the big tr~cks. Mr. Annunziato added that there will be a ten foot wa~ll on 1st Street and portions of 9th Avenue. Mr. Walshak questioned whether the City had as much trouble getting this as anybody else would. Mr. Annunziato answered, "Absolutely." There were further comments. Chairman Trauger asked if anyone wished to speak in favor or in opposition to the request. There was no response. THE PUBLIC HEARING WAS CLOSED. Vice Chairman Wandelt moved to grant the request, seconded by Mr. Walshak. Motion carried 7-0. - 6 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 PARKING LOT VARIANCE e Project Name: Agent: Owner: Location: Legal Description: Description: Public Works Facility Carmen S. Annunziato, Planning Director City of Boynton Beach N. E. 9th Avenue at N. E. 1st Street, southeast corner See Exhibit D attached to the original copy of these minutes in the office of the City Clerk Request for relief from Section 5-141 (g) (8) of the Parking Lot Regulations Miss Heyden said the variance request was being submitted in connection with future site plan approval for future expan- sion of existing parking for the public works complex. The applicant was requesting to be allowed to provide three driveways onto N. E. 9th Avenue. The TRB recommended approval of the variance for the follow- ing reasons: The middle and east driveways are necessary to provide safe and efficient tractor trailer and motor vehicle ingress and egress to the fenced area. The west driveway is necessary to serve the angled parking outside of the fenced area. It is necessary for one way traffic flow for ingress and egress. 90° parking, rather than the angled parking, which would allow for the elimination of the west driveway, cannot be provided as there is insufficient room. Chairman Trauger asked why the City needs the three entrances. In this case, Mr. Blanchette thought they had a unique situation where the third driveway from the west is only a one way drive. No egress will be going out on the street. Mr. Annunziato explained that they were working around existing buildings, and there is a desire to provide landscaping as well. Mr. Annunziato said there is a desire to screen the parking lot, which will be constructed north of the building. The landscaping requires that they go to angle parking, which means that the parking lot has to be served by a driveway. Mr. Annunziato continued by saying this is further compounded by the City's desire to have security within the compound itself. Mr. Annunziato said it will be fenced off at the - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 periphery, and the outside parking lot will be fenced off. The parking lot, which is served by two driveways, acts almost independently. The new building that will be constructed will be the general storage building. There will be tractor trailer delivery of materials for City departments, and the City departments will secure all of the City's supplies from that facility. Mr. Annunziato further explained. Mr. Annunziato said the recommendation of the TRB was to approve this as submitted. There was discussion about the copy of the deed. Chairman Trauger asked if anyone wished to speak in favor of the request. There was no response. Chairman Trauger asked if anyone wished to speak in opposition to the request. As there was no response, THE PUBLIC HEARING WAS CLOSED. Mr. Ryder moved to grant the request for relief from Section 5-141 (g) (8) of the Parking Lot Regulations, seconded by Mrs. Huckle. Motion carried 7-0. B. SUBDIVISIONS PRELIMINARY PLAT Project Name: Agent: Owner: Location: Description: Meadows 300, Tract L - Heatherlake Russell Kiviniemi Ryan Homes West side of N. Congress Avenue, south of Hypoluxo Road Request for the approval of the construc- tion plans and preliminary plat, which provides for the construction of infra- structure improvements to serve 75 single family detached units at Tract L of The Meadows 300 Planned Unit Development (PUD) Miss Heyden informed the Members that Tract L, Heatherlake, is located across from the Club Meadows rental units on Meadows Boulevard. The master plan approval allowed for the construction of 84 units on this tract. The TRB recommended approval, subject to staff comments. Mr. Ryder inquired about dedicated roads in this area. He knew Meadows Boulevard was dedicated. Mr. Golden informed him that certain roads are private, and certain ones are - 8 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 public. Mrs. Huckle questioned whether Meadows Way is dedicated. Mr. Annunziato answered affirmatively. Chairman Trauger asked what the density is. Mr. Annunziato looked it up and informed him it is about 4½ units an acre. It is 75 units on about 17 acres. Chairman Trauger thought the lots looked small. Mr. Golden said they are about 55x100 and have 7½ feet on each side. Russell Kiviniemi, Simmons & White, Inc., Enginers, Planners, Consultants, 4623 Forest Hill Boulevard, Suite 112, West Palm Beach, Florida 33415, reviewed all staff comments and had no major objections to them. Chairman Trauger asked if they accepted them all as proposed. Mr. Kiviniemi replied that they did. Chairman Trauger asked how many square feet were in the units. Mr. Kiviniemi believed there was 1500 square feet. Mrs. Huckle asked if the units would be fee simple. Mr. Kiviniemi answered that they will be. He informed Mr. Ryder that he had no problems with the comments from the City Engineer. They are presently working on the comments and will abide by all of them. Mr. Kiviniemi told Mr. Ryder there is too much fill. It appears the site was overfilled, so they are presently work- ing on calculations to balance everything that is on site to minimize off site hauling of extra material. Mr. Ryder questioned why it was overfilled. Mr. Kiviniemi confirmed Mr. Ryder's comment that they just did not know where to put the fill, and he reiterated his prior comments. He added that there may be some revisions to the existing finished floor elevations and road grades. Mrs. Huckle drew attention to the comments from Don Jaeger, Chief Plans Inspector, Building Department, because of the configuration of Lots 16, 15, and 17, and she said they must maintain a 25 foot building setback. She could not tell what size lots they would end up being. Because Lot 16 is long east/west, Mr. Annunziato said its front setback has to be to the west. That meant that all houses on that block must also face to the west or have a 25 foot setback to the west. That happened to be Lots 15 and 17. Mrs. Huckle commented that Lot 16 is very narrow and very long. Mr. Blanchette felt that it would be hard to put a house on Lot 15, if the setback is 25 feet, and he explained. There were further comments. - 9 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 Mrs. Huckle asked if Mr. Kiviniemi did not see big problems with the frontage of Lots 16 and 15. Mr. Kiviniemi could see her point but advised that all of the lots follow the Code for the minimum sizes and setbacks, so they can fit the size units that Ryan Homes is proposing to put on those lots and still follow the Code. On Lot 15, Mr. Annunziato said they must maintain a 25 foot setback on Heather Trace South on both the cul-de-sac and the longest north/south access, more or less. Mr. Kiviniemi agreed. Vice Chairman Wandelt expressed that Lot 15 was bigger than some of the others, such as Lot 26, 27, 28 and 29, which were 55 feet wide by 110 feet deep. Mr. Blanchette asked if Mr. Kiviniemi had a model he could fit on Lot 15 without any problem. Mr. Kiviniemi answered affirmatively, then added that they looked at the situation and saw no problems with that lot. Mrs. Huckle wondered if Lot 16 would have a lot of yard left over. Mr. Kiviniemi guessed it would be a premium lot. Mr. Ryder moved to approve the request, subject to the staff comments attached to the original copy of these minutes in the City Clerk's office as Exhibit E. Vice Chairman Wandelt seconded the motion. Mr~ Lehnertz noted that the Police Department's comments requested a stop sign at Heatherlane Drive, and he said it Should be Heatherlake Drive. A vote was taken on the motion, and the motion carried 6-0. Mr. Walshak abstained from voting because of a conflict. Form 8B, Memorandum of Voting Conflict, is attached to the original copy of these minutes, in the office of the City Clerk, as Exhibit E-8. C. SITE PLAN MODIFICATIONS 1. Project Name: Agent: Owner: Location: Access Cable at Boynton Beach Distribution Center Kent Ewing Boynton Beach Distribution Center Master Association, Inc. High Ridge Road at Miner Road, southeast corner - 10 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 Legal Description: Description: See Exhibit F attached to the original copy of these minutes in the office of the City Clerk Request for approval of an amended site plan to permit the addition of a new satellite dish antenna Miss Heyden said Access Cable was requesting approval to erect the dish antenna at the southwest corner of Congress Park Drive. The TRB recommended approval, subject to one comment from the Forester (See Exhibit G attached to the original copy of these minutes in the City Clerk's office.) Kent Ewing, Agent, Ewing and Shirley, Inc., 3767 Lake Worth Road, Lake Worth, concurred with the staff comment and informed Vice Chairman Wandelt that this is an industrial park. Chairman Trauger questioned whether the line of business using this was cable transmission. Mr. Ewing answered that was correct. Cable companies like Group W use them. He told Chairman Trauger they are franchised. Mrs. Huckle asked what area they serve. Mr. Ewing replied, "The western Boynton Beach area." Mrs. Huckle moved to approve the site plan modification, subject to the staff comment. Mr. Walshak seconded the motion, and the motion carried 7-0. 2. Project Name: Agent: Owner: Legal Description: Location: Description: Chalet IV (Sandalwood) David Flinchum Chalet IV Corporation A parcel of land situate in Sec. 18, Twp. 45 S., Rge. 43 E., Boynton Beach, Palm Beach County, Fla., being all of Chalet IV, as recorded in Plat Book 53, Pages 176 through 182, Public Records of said Palm Beach County Congress Avenue at Miner Road, southwest corner Request for approval of an amended site plan to allow for the elimination of landscaping along the south side of the collector road (Sandalwood Drive) Mr. Annunziato advised that the applicant submitted a letter to the Planning Director, requesting that this item be postponed for a period of thirty days. The decision to post- pone rested with the Chairman of the Board. Mr. Annunziato added that residents were present, who wished to speak. 11 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 AS the people had come, Chairman Trauger felt the Board was obligated to hear what the people had to say. Miss Heyden said the applicant was requesting approval to eliminate the landscaping on the south side of Sandalwood Drive, as was originally proposed and approved by the P&Z Board and City Commission. The TRB recommended that the applicant adhere to the original site plan requiring land- scaping along the south side of Sandalwood Drive. Except for saving money, Chairman Trauger asked what the appli- cant's objection was based upon. David Flinchum, A.S.L.A., Director of Planning, Stanley/Wantman, Inc.., Lombard Center, 2000 Lombard Street, West Palm Beach, Florida 33407, came forward. Chairman Trauger asked what advantage this elimination wo~ld be to the neighbor~hood or the developer. Mr. Flinchum replied that he was requested to appear tonight just to acknowledge the 30 d~y postponement. Chairman Trauger informed him that the Board would not postpone this but would proceed, so he was assuming that.Mr. Flinchum was acting as the Agent. Mr. Flinchum advised that he was not. Chairman Trauger clarified that this was not a public hear- ing, but there were people who wished to speak. Richard Anderson, 413 Live Oak Lane, came forward. Mr. Ryder asked him to indicate his location on the overlay. Mr. Anderson said the overlay was not up-to-date and did not have the most current information. The information was one to two years old. Mr. Anderson said there are 232 homeowners at Sandalwood, and he alluded to the sales total and profit which went into the developer's pocket. Mr. Anderson said the homeowners contribute over $280,000 a year into the tax coffers. When the homeowners bought at Sandalwood, they were given a bill of goods as to what they would get. One thing the homeowners were given was a brochure~ which Mr. Anderson presented to the Members of the Board. The brochure showed a sidewalk and landscaping. To not put those in meant the homeowners were not getting what they paid for, and Mr. Anderson said it may have a signifi- cant impact on property values. It seemed incongruous to Mr. Anderson that a developer, who has already tucked over $3,000,000 into his back pocket, could say to the 232 homeowners, "We don't want to do it," for whatever reason. He thought it was an insult to the - 12 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 Board and an insult to the homeowners who invested their money into the project. Mr. Anderson thought it was a further insult that the developer did not even bother to show up~ mainly because they knew the position of the home- owners and the feelings of the Boards. Mr. Anderson said the homeowners have had go-arounds with Chalet IV and Burg & DiVosta on this item. At a recent general members meeting on May 26th, when the Homeowners Association was turned over to the homeowners, William Shannon, Attorney for Burg & DiVosta, was asked about the · r request not to finish that part~cula spot, and Mr. Shannon said he knew nothing about it. There are several other items t~at homeowners there have not gOtten, and Mr. Anderson said the~ are Working with the developer on that. If you go out there and look, Mr. Anderson said it is an eyesore. He reite=ated prior statements and said that was what the homeowners paid their hard earned money for, that was what Burg & DiVosta sold to make their profit in Chalet IV, and the homeowners want what they paid for. Mr. Ryder said the request was for the elimination of land- scaping, but Mr. Anderson brought in the matter of sidewalks. Mr. Anderson said sidewalks were included on the plan they were shown when they bought it. Mr. Annunziato interjected that the City's comments relate to median landscaping, and to landscape and sidewalks on the southerly and westerly sides of the road (basically, everything south and west of the center line). It seemed to Mr. Anderson as though the developer wants to wait and see that the next guy that comes in (two to ten years from now) finishes the project. The homeowners do not want to wait but want to get what they paid for within a reasonable time. Mr. Anderson told Mr. Ryder that Sandalwood is completed and sold out. He was talking about the adjacent tract, when he was speaking about someone else coming in. Mr. Rousseau drew attention to the last paragraph on the first page of the letter from Mr. Flinchum to Mr. Annunziato, which said the developer was requesting clarification as to who was responsible for these requirements, and he read on the agenda that they were requesting an amended site plan. Mr. Rousseau asked if there was a misunderstanding with the P&Z Board that these were or were not requirements. - 13 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 Mr. Annunziato said the applicant has argued that he was not aware of that information, or that he did not authorize that landscaping and sidewalk. However, the two Boards (P&Z and Community Appearance Board) and the Commission processed site plans under the signature of a representative of Chalet IV, which provided for these improvements. The problem was that purchases were made on the basis of these materials being in place. Regardless of whether the developer was responsible for it or not, Mr. Anderson said the site plan clearly shows it. Assuming that they were not responsible, the fact that they mad~ a few million dollars by telling people this was what they would get, in his opinion and the opinion of other residents, now made them responsible. He explained. Mr. Anderson is on the Board of Directors for the ~omeowners Association. He said warranty work is bein~g done, and landscape and sprinkler work are being finished, but that is ~rimarily with Burg & DiVosta. Mr. Anderson understood that Chalet IV was the developer, and Burg & DiVosta was the builder. Mr. Walshak wondered whose signature was on the plan. Mr. Annunziato answered that it was Jack Armaneck, who is with the developer, Chalet IV. The site plans for Phases 3 and 4 of Chalet IV were submitted under the signature of Jack Armaneck. His name is on the application. Mr. Walshak asked what controls the City has to make sure that these projects are finished and that this kind of thing does not happen in the future. Mr. Annunziato informed him that the houses may be built, but the project is not finished. The City is still holding bonds for various improvements. If the improvements remain as approved, and if they are not absolved, Mr. Annunziato said the applicant will be in violation of the site plan approval. Whatever mechanisms the City has will be used. Mr. Anderson emphasized that the developer is not poor and has advertized that it has sold one building a day for the psst eleven years. There was applause. Chairman Trauger read a letter from Peter and Carmella Liberatos, dated July 9, which said Burg & DiVosta wants to apply for a performance bond to delay the completion of the 1Rndscaping and sidewalks for possibly five years. Said letter is attached as Exhibit H to the original copy of - 14 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 these minutes in the office of the City Clerk. Mr. and Mrs. Liberatos want what they paid for and what was presented to them by Burg & DiVosta. Identical copies of this letter were sent to the CAB and the City Commission. Mr. Walshak took exception to the Agent, Burg & DiVosta, Chalet IV, or whomever, presupposing that the Board would grant a postponement of this for thirty days, and for not giving the Board the courtesy of sending an Agent before the Board who could speak for the contractor or the developer. He asked why the City did not have current overlays. Mr. Annunziato assured him that the overlay is current. What the Members saw was a site plan, which was submitted for Phases 3 and 4. Phases 1 and 2 had already been completed. Vice Chairman Wandelt moved to DENY the request. He pointed out that his motion should also include the west side of the road. Chairman Trauger suggested the following wording for the motion, which Vice Chairman Wandelt and Mr. Annunziato concurred with, and the motion was changed to DENY the request and to include sidewalks and landscaping along the south and west sides of the collector road (Sandalwood Drive) as set forth in the original site plan. Mr. Ryder seconded the motion, and the motion carried 7-0. The request was DENIED. There was applause. ~r. Walshak requested that the City Planner follow up to see that the contractor or developer does this. Mr. Annu~ziato said the City Commission must first act. If their action follows the Board's action, the City will do whatever it can to enforce the site plan. D. OTHER 1. CONSISTENCY REVIEW - Proposed amendments to the Parking Lot Regulations At the beginning of this year, Mr. Annunziato said it became obvious to the City staff that amendments to the parking lot regulations were necessary to clarify the responsibility for actions among the departments of the City. Mr. Annunziato explained and said in the document are many clarifications of what is covered and what is not. Addi- tional definitions and requirements were added. After further explanation, Mr. Annunziato said the City Staff recommended that the Board find that the document is consistent with the Comprehensive Plan and that it supports the Plan requirements. - 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 If a blind man could drive in Boynton, Mr. Blanchette commented that he would know he is in a Boynton Beach designed parking lot. He pointed that out because of the radii on the turnouts (especially at the Publix on Congress Avenue and Hypoluxo Road and the one at Sunshine Square), which were designed to a minimum. People drive over those curbs with their rear wheels. Mr. Blanchette wished there was a Countywide Parking Code. Mr. Annunziato believed the City Code called for a 25 foot radius on uu~rnouts. Mr. Blanchette felt there was something wrong with that, because it is too narrow. Mr. Annunziato said he would refer Mr. Blanchette's comment to the City Engineer. He infOrmed Mr. Blanchette that a Countywide or Statewide is not impossible, but is likely than Mr. Blanchette thinks. Mr. Annunziato sa local government has a different way, an~ he . For example, the City took the time to measure There was some discussion about lighting. Mr. Annunziato sa~d the city Staff discussed at length how much lighting was enough. He elaborated, then said he thought a lot of th~ngs would fall out of the Planning Council. When they hawe a unified land use plan, there may be ways to implement t~at which will result in conformed codes but, in the short run, he did not see it happening. Mr. Annunziato said the Ciity Staff discussed the document to its finest degree, and he elaborated. Chairman Trauger asked if any parking lots in the City would not meet the standards of the proposed regulations. Mr. Annunziato answered, "All of the old ones that have not been redeveloped, such as Causeway." There was discussion about Causeway's parking lot and car stops. Mr. Annunziato called attention to "(e) Curbs and Car Stops" on page 8. He said the idea of car stops is to permanently locate the automobile in the parking space. When the per- son's front tires touch the curb, the person knows his car is in place. The second application of the curb stop is to not have cars traversing parking lots row upon row. Then an undesirable traffic pattern results. However, people trip over car stops. Mr. Annunziato said the City Staff was recommending that you can traverse more than two access aisles without an interruption by curbs and landscaping. That g~ves people some ability to go back and forth, elimi- nates some of the curb stops, and also is a little bit of a - 16 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 trade off on how many access aisles you can cross without stopping to go left or right. Mrs. Huckle stated that would not work in the current Sun- shine Square, and she alluded to people falling over curb stops. There was discussion about the parking lot at Sun- shine Square. If someone comes in with angled parking or curbs on an angle, Mr. Annunziato advised there was nothing to prevent the Board from requiring that the applicant curb and landscape it for safety or aesthetic purposes. That was something the Board should keep an eye on. Mr. Ryder thought what they were getting now were curbed islands, which are the safest, and usually 90° parking. He hoped that would be what they continue to get. In his opinion, it was preferable to angle parking. It gives a driver direction and does not permit him to go all over the place. Mr. Annunzlato added that the City Staff incorporated comments from Architects and Planners. One comment they did not Incorporate came from Digby Bridges, of Delray Beach, who was the Architect for Pineland Plaza. Mr. Bridges recommended that a landscape island should separate all park- ing lot aisles, which Mr. Annunziato felt was the extreme. Mr. Annunziato expounded. Chairman Trauger commented about the Kwik Chek shopping lot. Mr. Annunziato said the Police Department has continually taken the position that there is more danger not having curb stops than having them, and he explained. Mrs. Ruckle asked what a "parking stall" is. Mr. Annunziato replied that is the space. There were further comments. If the Board felt uncomfortable with the document, Mr. Annunziato wanted the Members to understand that they were welcome to recommend changes to the Commission as they saw fit. Mrs. Huckle drew Mr. Blanchette's attention to (h) (2) on page 10 and asked for his recommendation. Mr. Blanchette thought all parking lots had a 20 foot stall and a 25 foot backup area in two lane aisles. Mr. Annunziato informed him that Boynton Beach has an 18 foot stall and a 27 foot backup area. Even though you have curb stops, Mr. Blanchette said some people do not drive up to them, and they leave the back end of their cars sticking out. - 17 'MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 Mrs. Huckle asked Mr. Blanchette what he would recommend as a safe figure, and she referred to the 25 feet mentioned. Mr. Annunziato informed her that the 25 feet mentioned there was not related to backup but was the turning radius as you come off the road and turn into the driveway of the parking lot. If you have a driveway that serves truck traffic, he said you may want to have a larger radius so the truck will not have to stop in the traffic lane to make a right turn. Mr. Blanchette clarified that his point was the parking stall and the radii within the parking aisles. Mr. Rousseau read (i) (3) on page 12 and asked if that was the island. Mr. Annunziato said the City currently does not have a design radius for islands within a parking lot, and this is much talked about. This turned out to be a minimum recommendation. The City received comments from Kimley Horn & Associates, Traffic Consultants, West Palm ~each, that perhaps it should be greater. In fact, the City adopted that comment because if truck traffic is anticipated, you have to increase that radius accordingly. E~gineers and Designers understand what that means. Mr. Annunziato explained to Mrs. Huckle that this referred to the curvature on a landscaped island at th~ end of an access aisle. Mr. Blanchette thought that was what they have at the Publix shop~ing center on Congress Avenue and Hypoluxo Road because th~ are very abrupt. Mr. Annunziato said you would not want a larger one than that inside a parking lot unless you had truck traffic. It is adequate for cars. There were comments. Mr. Annunziato said you cannot design an Ordinance to fit every situation, and he explained. He said this regulation goes a long way towards solving a lot of the problems the City thinks it has experienced. Mr. Blanchette asked if Mr. Annunziato needed the Board's approval tonight. He suggested they bring it back to the next meeting. Mr. Walshak asked Mr. Annunziato if he was totally satisfied with it. Mr. Annunziato answered affirma- tively, elaborated, and then added that it was the most easily understood document, and it cleared up so many of the gray areas which existed in the original program. He explained. Mr. Walshak felt somewhere along the line, they should put faith and trust in the City Planner because he is the professional. He further explained. Mr. Ryder agreed. Mr. Ryder moved to accept the proposed amendments to the Parking Lot Regulations, and find them consistent with the - 18 MINUTES PLANNING & ZONING BOARD BOYNTON BEACH~ FLORIDA JULY 14, 1987 Comprehensive Plan. Mr. Walshak seconded the motion. The motion carried 6-1. Mrs. Huckle voted against the motion, *because she did not have an opportunity to study and see if it was consistent with the Comprehensive Plan. *Should be because she did not have oppor- 2. CONSISTENCY REVIEW - Proposed amendment to Section tunity to ask questions of 11-~ (16) (e) (12) (e) of Appendix A, Zoning, required the planning parking for recreation facilities Mr. Golden believed this issue was raised a couple of months ago with the site plan for Tract M, The Meadows. He explained that the Code requirement was intended for public recreation facilities. The City Staff was recommending that the language of the Code be changed to provide for 1/4 as opposed to 1/2 of the parking that would normally be required. When they looked~t major developments in the City, Mr. Golden s excessive throughout the City. Mr. Annunziato inf~rm~ Mrs. Huckle that this rel to private residential areas. staff. See 8/11/87 minutes o Mrs. Huckle moved, seconded by Vice Chairman Wandelt, to approve the amendment and to find that it is consistent with the Comprehensive Plan. Motion carried 7-0. 3. CONSISTENCY REVIEW - Proposed amendment to Section ll-H (16) of Appendix A, Zoning, Provision of Off- Street Parkin~ Spaces Mr. Golden said this was proposed in connection with some of the gray areas of the Parking Lot Regulations that Mr. Annunziato referred to. One situation was when you change the occupancy of a building to a more intensive use. He alluded to Capt. Frank's on Boynton Beach Boulevard. Mr. Golden read the second sentence from paragraph 16 and said the City Staff had added, "or there is a change in building occupancy which requires the provision of additional parking spaces" Mr. Blanchette asked how that would affect a fixed area that is at its maximum already and then changes to another occupancy. He questioned whether they could change to an occupancy that would require more spaces. Mr. Annunziato answered that they could, if they constructed more spaces. If they were in a fixed area, they could not change. Chairman Trauger asked what they would do with off street parking, such as Jim Morgan has. Mr. Annunziato did not know that this would affect Jim Morgan because he is grand- fathered in. 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 Mr. Annunziato said the City had trouble where a person changed occupancy, such as from an office to a retail occu- pancy, but did not increase the size of the building. There was some concern that the current regulations did not require that the applicant be required to meet the current parking lot regulations because he was not increasing the size of the structure. The amendment says when you change occupancy, regardless of whether the building is bigger or not, if you do not have the parking for it, you cannot do it. It was a clarification. Chairman Trauger alluded to the downtown redevelopment area. Fir. Annunziato advised that the downtown redevelopment area has reduced parking requirements. There were other comments. Mr. Blanchette moved to approve the amendment and find that it is consistent with the Comprehensive Plan. Mr. Walshak seconded the motion, and the motion carried 7-0. 4. Report on entrance wall signage for Planned Unit Developments (PUDs) Mr. Golden said the Board had requested clarification as to whether or not the new, proposed sign regulations had special provisions for entrance wall si~nage for PUDs. The answer basically was that the regulations will remain as they are today. The site plan must be submitted and approved by the P&Z Board and the City Commission. Mr. Ryder inquired whether this is presented at the time they present the site plan. Mr. Golden replied that it can be submitted with the original site plan or separately. For example, with a platted subdivision like Heatherlake In the Meadows, Heatherlake will be coming separately. Mrs. Huckle asked how it pertained to other than a PUD. Mr. Golden said subdivisions also have to go through approval on an entrance wall. Mr. Annunziato added that you see it more often in PUDs, but that did not preclude the potential in a subdivision. Mr. Walshak moved to receive and file the report, as received from the Planning Department. Vice Chairman Wandelt seconded the motion, and the motion carried 7-0. Transmittal of proposed ordinance vesting powers of the Downtown Review Board in the Planning and Zoning Board and list of powers and duties of the Planning - 20 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 and Zoning Board, Downtown Review Board, and Community Appearance Board (to be discussed at the August 11, 1987 Meeting of the Planning and Zoning Board) Mr. Annunziato was sure many of the Members were aware that on Tuesday of last week, the City Commission assumed responsibilities as the Community Redevelopment Agency (CRA). At that meeting, an Ordinance was approved on first reading to design.ate the P&Z Board as the Downtown Review Board (DRB). The second reading of that Ordinance has been post- poned until August 18th in order to allow the Boards and other persons to provide for the City Commission information related to that change. The proposed Ordinance and a description of the various dutfes the Boards perform were transmitted to the Members tonight. The Bosird was asked to review the information and provide their co ~m~.~nts and ideas about the change to the City Commission, through the Planning Department, at the meeting of A~gust 11. Mr. Ryder commented that he and Chairman Trauger served on the DRB. By way of the newspaper, Mr. Ryder noted that at the last Commission meeting a suggestion was made to expand the area west of Seacrest and north of the Boynton Canal. Up until this point, the DRB had confined its activities to the Central Business District (CBD). Mr. Ryder did not know if that was a suggestion. The newspaper article did not indicate that the Commission approved this exRansion, but the~ talked about it, and Mr. Ryder thought the Board should take this into consideration. Mr. Ryder asked if there was any question about following the guidelines that were originally established for the CBD. Mr. Annunziato did not think there was any question that the guidelines were still applicable. Mr. Ryder asked the Board to recall that the DRB dealt with lighting, parking, signage, and sidewalks on a special basis. Mr. Annunziato had no indication that there would be any change from the guidelines originally given to the DRB. As far as expansion, Mr. Ryder said they would be getting out of the area of the CBD and into what they called possibly blighted areas, which he imagined would require different treatment. Mr. Ryder understood it was not definite. Mr. Annunziato said the whole concept would, by necessity, be subject to analysis required by the Statutes when you set up redevelopment areas. The City Commission would have to make - 21 - MINUTES - PLANNING & ZONING BOARD BoYNToN BEACH, FLORIDA JULY 14, 1987 findings and a purposeful decision in Ordinance form to expand the redevelopment area. Mr. Annunziato confirmed Mr. Ryder's statement that, in the meantime, they were proceeding on the basis that the activi- ties would be confined to the CBD and in accordance with the prescribed guidelines. Mr. Annunziato informed Chairman Trauger that the Ordinance would not change the geography covered by the regulations but would change the personnel. Mr. Ryder had the original part of the Code with regard to the establishment of the DRB, and he noted that, apparently, the necessary changes had been made. There was discussion. Mr. Annunziato said the Commission purposely did not want to act on second reading of the Ordinance until August 18th to allow adequate time for the Boards and the public to react to the change. The only thing bothering Chairman Trauger was how the DRB spent all that time trying to figure out lighting. Mr. Ryder thought Mr. Annunziato was aware of the question about departure from what Florida Power and Light Company (FP&L) will maintain, which is sodium vapor lighting. The concept for the CBD was metal halide and other types of lighting, because they would not look yellow. Chairman Trauger recalled there were also certain wood, benches and wastebaskets for the CBD. The last time the DRB met, it was who could make the sidewalks at what level, and how much it would cost. Chairman Trauger was not sure how the DRB got into those but believed the downtown directed that they do this. Mr. Annunziato said the DRB spent more t~ime relating to details than does the P&Z Board. Mr. Ryder thought the DRB got into it because of the lack of any substantial developments. They had Pineland Plasa, which actually was approved before the CBD was approved. Then they had Bud's and the Marina, but they did not get any substantialapplications. Chairman Trauger said some of the Members may have read that builders are protesting the curtailment of building by the County and its regulations and whether it would have a great impact on local roads. He said this was not quite so. 87,000 homes were approved to be built. Chairman Trauger asked how many homes Boynton Beach had approved that have not been developed. Chairman Trauger also wondered if there were any units in the Chapter 10 or Chapter 11 proposition in both residential 22 - 'MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA JULY 14, 1987 and commercial. Mr. do the best he could to find that out,r but it , and he did not promise anything. Chairman :hey should have some idea because the tr proposition. He ex~plained. Mr. Ann~nziato said he would provide this for the Board at the next regular meeting. As far as backlog was concerned, Mr. Annunziato had information on that. Mr. Ryder thought the concern of the County should also be the City's concern. Basically, it was a matter of traffic. Traffic is way ahead of the capacity of the ~oad. Mr. Ryder alluded tb a task force he belongs to and said they are finally going to mgve on Congress Avenue, from Boynton Beach Boulevard to Lake Ida Road, and on Boynton Beach Boulevard from Congress Avenue to Military Trail. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 9:30 P. M. Patricla Ramseyer Recording Secretary (Two Tapes ) - 23 - To: From: Date: Subject: " MEMORflNDUM .~tJL 8 I@87 Carmen._Rnnunziato. Planning Director~.~/ John R. 6uidry, Director o{ Utitities~'; July 6, 1987 PLAi~,~/h~ G DEPT. IR8 Review - Hunters Run Tract I, Preliminary Plat We can approve this site plan subjec~ to the following modi{ica~ion: The easement '{or the ~ater main serving Buildings 8. 10, 12 and 14 must be enlarged to encompass ~he looped water main, hydrant and dmt: EXHIBIT A-1 FROM: SUBJECT: MEMORANDUM Carmen Annunziato Planning Director Kevin J. Hallahan Forester/Horticulturist Hunters Run Tract I Preliminary Plat The applicant must submit a Tree Management Plan and a Littoral Zone Management Plan in conjunction with the sketch provided. t have met with Dr. Manly Boss, who will be addressing these topics in the near future. K~vin J ~/Hallahan KJH: ad DOC: R/3NTRUN EXHIBIT A-2 EXHIBIT T~o right-of--ways in Section 21, 'Township 45 South~ Range 43 East, City of Boynton Palm Beach County, Florida. Being more particularly described as follows: ! and BLB£~ 2 of CONGRESS ~SOVE, a subdivision im said City 0f Boynton Beach as recorded by the Clerk of the ~ircoit Court in and for said Palm Beach Co~nty in Plat Book ~ P~ge 63. The platted name for said 30 foot right-of-way beiog Congress Caart. A l0 foot dedicated ally ri~ht-nf-way~ ~84.g feet in length, lying between the f011owi0g two groope of lots: LOTS 121,122,12~,124~125,126 and LOTS 11~,!15,116,117,120 all in ARDEN PARE a s~bdivisie~ in said City of Boymten Beach ss recorded by said Clerk of the ~ircuit C0~rt in Plat Bo~k 2 Page 96. EXHIBIT B MEMO RAND~UM July 7, 1987 TO: Mr. Jim Golden Senio~ City Planner FROM~ Tom Clark City Engineer RE: Abandonment of Alley, South of the Public Works Property Forwarded herewith are copies of letters received from Utility Companies as follows: Florida Power & Light Company dated June 30, 1987 2. Comcast Cable Company dated June 26, 1987 3. Florida Public Utilities Company dated June 22, 1987 4. Southern~Bell Telephone Company dated June 24, 1987 As stated in the letter of June 30, 1987 from Florida Power & Light Company, they have underground cable in the south ten ft. of the 30 ft. alley and in the 10 ft. alley. See marked sketch attached. Predicated on the above, I recommend that the subject alley be abandoned, subject to the granting of the required ten foot easement to Florida Power & Light Company. Tom Clark TAC/ck attachments cc: Betty Boroni, City Clerk EXHIBIT C Legal Description: Aparcel of land lying in Section 21, Township 45 South,. Range 43 East, City of Boynton Beach, Palm Beach County, Florida, said land being more particularly described as follows: Lots 121 thru '144 inclusive, as recorded by the Plat of Arden Park in Plat Book 2, Page 96, as recorded in the public records of Palm Beach Count~, Florida, and Lots 1 thru 7 inclusive in Block 1 as recorded by the Plat of Congress Grove in Plat Book 1, Page 63 as recorded in the Public Records of Palm Beach County, Florida; and that part of Northwest 8th Avenue (Orange Street) as recorded in the Plat of Arden Park in Plat Book 2, Page 96 and abandoned by Resolution No. 74-Q by the City of Boynton Beach, 'all above lying and being in Palm Beach County, Florida. Subject to easements and rights of way of record. EXHIBIT D Meadows Staff Comments 300 "Tract, L" - Heatherlake Preliminary Plat Building Department: Engineering Department: Utilities Department: 'Forester/Horticulturist: Planning Department: PoliceDepartment: To be distributed at meeting, See attached memo. See attached memo. To be distributed at meeting. Entrance wall signage requires site plan approval. See attached memo. EXHIBIT E-1 MEMORANDUM Carmen Annunziato Planning Director Don Jaeger Chief Inspector July 9, 1987 Preliminary Plat Review: Heather Lake - Tract L Meadows 300 As a condition of preliminary plat approval, the following comments should be incorporated into the related documents by the applicant: 1. A master landscape plan must be submitted for Con~munity Appearance Board review. This plan must show all common area plantings and buffer requirements. 2. Project signage on the buffer wall muse be approved by the City Commission. 3. Sidewalks must be shown on the development drawings and must be ramped at intersections for handicapped accessibility. 4. Swales in the right-of-way must be sodded. 5. Indicate what will be constructed on Tract A, the recreation area. 6. South Florida Water Management District approval must be secured. Indicate the proposed minimum finished floor elevations for the structures. 7. Show the proposed cross section for the Lake Worth Drainage District canal. 8. The reconstruction of the lake bank must be shown on the development plans. A maintenance easement~for the lake should also be dedicated. 9. Street names and addresses must be approved by the Building, Police and Fire Departments and the Post Office. 10. Because of the configuration of lot 16, lots 15 and 17 must maintain a 25 foot building setback on the fronts and west sides of these lots. Th~ applicant's prompt compliance with the preceding comments will insure a timely permitting process. DJ:bh XC: E. E. Howell Don Jaeger MEMORANDUM July 7, !987 TO: FROM: RE: Mr. Jim Golden Senior City Planner Tom Clark City Engineer Heather Lake at the Meadows, Preliminary Plat Comments: Cross-sections should be shown thru the-lake. Typical lake bank sections should show the variation~f-the'existing profile with the neat lines shown. -~-~- 2. If excess material is to be removed from the site, the amount should be calculated and included with the cost estimate. - 3. The Subdivision regulations require that the fifty foot R.O.W. streets be provided with a mountable curb. The typical section must be revised to shown~the mountable curbs or a flush header. The swales are~required to accommodate the drainage requirements which require that paved areas discharge into grassy swales. 4. Any lots partially under water, such as lot 45, will have to be filled and regraded to the typical lake shore profile. The term." County Approved "with respect to the rock base material is no longer acceptable as a specification, since the County no longer accepts rock materials on the basis of its source. The appropriate D.O.T. specs, should be refer- enced, including gradation. The 40% calcium carbonate content for shell rock is acceptable. e Drainage calculations submitted to the Water Management District for the construction permit should also be sub- mitted to the City. If grades need to be raised to accommo- date" excess "material, the revised grades should be sent to the Water Management District. The sidewalks should be indicated on the plan sheets. Con- nections of sidewalk to the edge of pavement should be shbwn at intersections. TAC/ck attachment See Bill Flushing's memo of June 30, 1987, included here. Tom C±ar~ EXHIBIT fi3 M E M TO: RE: Tom Clark Bill Flushing Pro-plat of Heathor!ake at the Meadows. The subject plat deficiencies arc as follows: 1. The point of cusp at the east corner should include a tangent bearing. 2. Tangent, radius, or chord bearings should be provided for the other two corners. 5. ~ecause of the small lot sizes and questions on set--back distances, a building, envelope should be provided for each lot. 4. The lake water line should be shown. The deficiencies in the subject development plans are as fol Io~s: The subdivision code requires 60 foot right--of--ways or a continuous curb. The sidewalk shown not extend to the. required. on Heather Trace North should area where limited' access is 5. ~11 streets should show both sides. a four foot sidewalk on Stop Bar is required w~th evory stop sign. legend should be shown for m'Euetable gutter Bill Flushing- flush header and the CITY OF BOYNTON BEACH EXHIBIT E-~ ltBCB!i D To: From: Date: Subj act: MEMORANDUM Carman Rnnunzia~o, Planning Direc~orA\\ John R. 6uidry, Director o{ July ~, 1987 TRB Reviaw - Meatherlake, Preliminary Plal JUL 8 ~987 PLANNING D~P'r, We can approve.this ei~e plan subject to the (ollowing modi{ica~ions: !, /~dd a 6" gate valve near Lot 74. Usa polylined DIP a% ~ additional location~ in the gravity sewer ~yetem ~hera it crosses aver a etorm drainage trench. Indicate utility easement~ needed to encompass oater aeter~, the City's ~anitar¥ cleanouts, and ~ira hydrants. dm~ EXHIBIT E-5 FROM: RE: MEMORANDUM Carmen Annunziato Planning Director Kevin J. Hallahan Forester/Horticulturist Meadows 300 Tract L (Heather Lake) Preliminary Plat The following comments pertain to the above project. 1. A Master Landscape Plan is required for all common areas. 2. All road R.O.W. areas should be sodded rather than seed and mulch. 3. An overall irrigation system plan for landscaped areas should be submitted. 4. A 20' maintenance easement around the lake perimeter should be provided. K6vin J. 4~allahan ~ KH: ad DOC :MEAD300 EXHIBIT E-6 Mr. Jim Golden Planning Dept. Lt. Dale S. Hammack Poli ce Dept. MEMORANDUM July 7, 1987 Heatherlake at the Meadows As per our discussion at the T.R.B. meeting of 7 July 1987, I am recommending the following: 1. Erect a stop sign at the intersection of Meadows and -- Heatherlane Drive. Police Department DH:as EXHIBIT E-~ . 8B MEMORANDUM OF VOTING CONFLICT FOR COUNYY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME OF BO~.RD. COUNCIL, COMMISSION. AUTHORITY, (~R COMMITTEE L, ISSION. AUTHORITY, OR COM 't~.~ ON POSITION IS: ELECTIVE APPOINTIVE - WHO MUST FILE FORM 8B ~This form is for use by any person serving ar the county, city, or other local level of government on an appointed or elected board, ;ouncll, commission, authority, or committee. It applies equall3~ to members of advisory and non-advisory bodies who are presented ~'wlth a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form ii hot required by law, you are encouraged to use it in making the disclosure required by Iaw. Your responsibilities under the law'-hen faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay cIose attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal {other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembl~ the nature of your interest in the measure on which 3:ou are abstaining from voting; and WITH1N 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive ~. county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal Iother than a government agency) by whom he is retained. A person holding an appointive local Office otherwise may participate in a matter in which he has a conflict of interest, but must disclose 5he nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made b> the officer or at his direction. ~.~IF YOU~ INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH 'HE VOTE WILL BE TAKEN: · You should complete and file this form (before making an7 attempt to influence the decision) with the person [esponsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. ICmXl ~ ,,.~ EXHIBIT E-~ PAGE .Y ~.D/ou~ho:ald disclose orally the nature of your conflict in the measure before participating. ' ~Y~ou'should complete the form and file it within 15 days after the vote occurs with the person responsible for recordihg the minutes ~i5 ~he' meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby diselose that ~n i..(~i'~,A ~measure came or will come before my agency which (check one) inured to my special private gain; or _. ,inur~ to the special gain Of_ , by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Dare Filed ignature / . ~OTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED ~DtSCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: iMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN S3/L~Ry, REPRIMAND, OR A CIVIL PENALTY NOTTO EXCEED $5,000. EWING AND SHIRLEY, INC. land surveyors and planners 3767 Lake Worth Road · Suite 118 · Lake Worth Florida 33461 · ~305) 968-0421 April 24, 1987, Revised 5-26-87 Access Gable Partners W.O. ~87/65 Revised 6-29-87 LEGAL DESCRIPTION FOR EASEMENT FOR A SATELLITE DISH AT BOYNTON B~AOH DISTRIBUTION CENTER EXHIBIT "A" A paicel of land being-a portion of Tract No. 1, BOYNTON BEACH DISTRIBUTION CENTER PLAT NO. 2, as recorded-in ~lat Book 52, Page 183, public records, Palm Beach County~ Florida; said parcel being specifically described as follows: From the Northwesterly most corner of said Tract No. 1 hear'South 89°-59'-53'' East, along the North line of said Tract No. 1, a distance of 250.72 feet to a point on the West right of way line of Commerce Park Drive; Thence, South 00°-00'-07'' West, along said West right of way line, a distance of 213.73 feet to the POINT OF BEGIR-NING; Thence, continue South O0°-00'-07'' West, along said West right of way line, a distance of 20.02 feet; Thence, North 87°-45'-50'' West, a distance of 40.78 feet; Thence, North 02°-14'-10" East,. a distance of 20.00 feet; Thence, South 87°-45'-50" East, a distance of ~0~00 feet to the POINT OF BEGINNING. TOGETHER WITH a 6Af0ot utility easement being specifically described as follows: Begin at the Southwest corner of the above described parcel; Thence, bear South 260-37'-28'' West, a distance of 54.90 feet to a point on the North line ~f Tract "D" of said BOYNTON BEACH DISTRIBUTION CENTER, PLAT NO. 2; Thence, South 87°~45'-50'' East, along said North line, a distance of 6.59 feet; Thence, North 26°-37'-28'' East, a distance of 54.90 feet; Thence, North 87"-45'-50" West, a distance of 6.59 feet to the POINT OF BEGINNING. EXHIBIT F Staff Comments Access Cable at Boynton Beach Distribution Center Site Plan Modification Forester/Horticulturist: Sod type to match existing type in adjacent areas. EXHIBIT G RECEIVED JUL4,~ 1987 C~i'Y MAJ'~,~,GER'S OFFICE July 9, 1987 Planning & Zoning Board c/o City Manager City of Boynton Beach City Hall Boynton Beach Blvd Boynton Beach, FL 33435 Gentlemen: When we purchased our Townhome at Sandalwood, we were under the impression all landscaping and sidewalks would be constructed within a short period of time from our closing in March 1987. We have now been made aware that Burg & DiVosta wants to apply for a Performance Bond to delay this completion for possibly 5 years. We feel this is totally unfair to our family as well as our neighbors who bought their townhomes in good faith. We want what we paid for and as was presented to us by Burg & DiVosta Corporation. Your concern and prompt attention to this matter would be appreciated. PL/ac CC/City Council Mr. Ron Dorsky Community Appearance Board Ver~t~ul~ours, Peter Liberatos Carmella L. Liberatos EXHIBIT H