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Minutes 06-11-85MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL,' BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 11, 1985 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Walter "Marty" Trauger, Vice Chairman George deLong Marilyn G. Huckle John Pagliarulo Robert Wandelt Garry Winter William Schultz, Alternate Carmen S. Annunziato, Director of Planning Tim Cannon Senior City Planner Jim Golden Assistant City Planner ABSENT Norman Gregory, Alternate Chairman Ryder called the meeting to order at 7:30 P. M., introduced the Members of the Board, Mr. Annunziato, Mr. Cannon, Mr. Golden, and the Recording Secretary. Since all of the Members were present, Mr. Schultz left the meeting. Chairman Ryder acknowledged the presence in the audience of Mayor Nick Cassandra, Councilman Carl Zimmerman, Councilman Ezell Hester, City Manager Peter L. Cheney, Owen A. Anderson, Executive Vice President, Greater Boynton Beach Chamber of Commerce; Kipp Friedman, Boynton Beach News Journal; David V. Gibson, Jr., and Rebecca Theim, Sun Sentinel. (Mr. Gibson will be going to West Palm Beach, and Ms. Theim will be reporting the Boynton Beach news.) MINUTES OF MAY 14, 1985 Since Mr. Gregory had informed Chairman Ryder that he would be unable to attend this meeting, Chairman Ryder said he should have been marked excused and not absent. Mrs. Huckle called attention to the 6th paragraph of page 23. It was her understanding that when she asked Mr. Madjarov what his plans for developing the property were, he said to build villas. Mr. Madjarov was in the audience when he spoke, so Mrs. Huckle said to let it go as none of the other Members heard it. Mr. Wandelt understood Mr. Madjarov to say he would go eit~her way. Mr. deLong moved, seconded by Mr. Winter, to approve the minutes with the correction brought forth by Chairman Ryder Motion carried 7-0. - - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 AGENDA Mr. Annunziato asked that under item 3, "Spada Concrete Specialists, Inc.," under "NEW BUSINESS, PUBLIC HEARING, CONDITIONAL USE," be removed from the Agenda because it was advertised for next month's meeting. SEMINAR Mr. Annunziato thought everyone learned a lot and said the challenge is there. Chairman Ryder thought it was gratify- ing to hear that Mr. Annunziato and the Planning Department are doing a good job. COMMUNICATIONS None. OLD BUSINESS PUBLIC HEARING CONDITIONAL USE Project Name: Agent: Owner: Location: Description: Praxis Adult Care Residence Carl W. Lindner Evangelical Lutheran Mount Olivet Church S. W. 3rd Street at S. W. 15th Avenue, southwest corner Request for Conditional Use approval to construct a thirty-two bed adult care residence At the last meeting, Chairman Ryder said this received a good deal of consideration and resulted in a deadlock of 3-3 when the final vote was taken. Subsequent to that, it was tabled and was also the subject of discussion at the follow- ing Council meeting. Normally, it would have appeared on the Council's agenda following this Board's recommendation. The Council's agenda indicated that this Board had tabled it and had not submitted any recommendation. Even though the matter was deadlocked, the City Attorney said it could have been moved to the Council because he considered it to be a recommendation. Chairman Ryder felt City Attorney Vance thought it was a negative recommendation because the motion was in favor. Since there was a dead- lock, the ones in favor were considered the losers because the motion lost. Attorney Vance indicated that the proper - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 procedure in that instance would have been for one of the Members who voted "No" to choose to reconsider the motion. Following that, if the motion to reconsider was approved, a motion to table was in order. However, the Council still wanted the Planning and Zoning Board to act on this request before they receive it. Mr. deLong moved, seconded by Mr. Winter, to take the matter from the table. Motion carried 7-0. Since considerable time was spent on this at the last meeting, Mr. Annunziato thought all of the issues were clearly defined. He suggested that the Board continue with the public hearing session, see if there is any new informa- tion to be presented by the public and then go into Board discussion. Chairman Ryder informed the audience that the procedure is to call on anyone who wishes to speak in favor of the pro- posal. Following that, the Board will hear from anyone who wishes to speak in opposition. After that, the public hear- ing will be closed, and the Board will act on the matter. Chairman Ryder added that by tabling the matter, it was felt that all sides would have time to look into the matter. Chairman Ryder asked if anyone wished to speak in favor of the proposal. Gordon Dunsmore, President, Section 1, High Point West, 220 Main Boulevard, said the residents he represented were not opposed to the adult care residence but were concerned that the north end of 3rd Street would be opened. Chairman Ryder said that it could not be opened because, as it is on the off ramp of 1-95, it would be impossible. Mr. Dunsmore asked where the entrance and exit for the home, which he understood would be west of the west side of 3rd Street, would be. Chairman Ryder answered that there are the entrances the residents of High Point use (Main Boulevard and Ball Park Road). They are not using 3rd Street from the south. As they come off the 1-95 ramp, Mr. Dunsmore asked if they would bend into the home by Ball Park Road. Chairman Ryder replied that they could and said High Point residents do that now. Mr. Dunsmore said they were concerned about having traffic on Main Boulevard. They are private roads, and Mr. Dunsmore informed the Members that the residents, as a combined condominium, spent $75,000 in the last four years - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 to pave the roads. As they were assured about 3rd Street, Mr. Dunsmore said they could use Ball Park Road as a common access. Since 3rd Street was their only concern, Mr. Dunsmore wished the project good luck and hoped they would do a proper job that would be in conformity with the neighborhood. Mrs. Huckle asked if Section 1 had any objection to people possibly using their streets to come up to the site from Seacrest. Mr. Dunsmore replied that they have no way of knowing who comes in, and they cannot live in a vacuum. Mr. Carl W. Lindner, Agent, Praxis - Adult Care Residence of Boynton Beach, Florida, 7 Royal Palm Way, Boca Raton, was comfortable using Ball Park Road and was not requesting the opening of the former ingress and egress off of Woolbright. Until such time as the City decides otherwise, they will continue to use Ball Park Road. As no one else wished to speak in favor of the request, Chairman Ryder asked if anyone wished to speak in opposition. Henry W. Farrington, President of Section 2, High Point, 145 South Boulevard, said Section 2's only objection was they have a plot of land that is landlocked, and they do not want the public to use the private streets in High Point, which are maintained privately, as access roads. If they use Ball Park Road, Mr. Farrington said Section 2 would have no objection. Chairman Ryder had a copy of a letter dated May 27, 1985, addressed to Mr. George Ampol, 235 South Boulevard, indicating Section 2's objection. Chairman Ryder pointed out that whether this facility or any other facility is approved, they have a right of access to their property. The project is located on 3rd Street, which is a public street. Mr. Farrington does not want them on Main or South Boulevards because they are private streets, but Chairman Ryder said the residents of Section 2 were forcing the City to take a position whereby possibly 3rd Street should be opened at 23rd Avenue. Mr. Farrington commented that it would be a dangerous proposition. Chair- man Ryder wondered if Mr. Farrington realized what was happening. Mr. Farrington wanted to be assured that the City would per- mit the street around the ball park to be used. Mr. - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Annunziato thought it should be very clear that the so- called street around the ball park is not a street but a driveway. At some time in the future, it may cease to func- tion as a driveway, and, therefore, this property would have legal access at 3rd Street. Mr. Annunziato said they should not consider a driveway around the ball park as long term access. Sometime in the future, it could be taken out of service. Mr. Annunziato thought Mr. Farrington was right in saying he did not think the City would have the right to use a private street for access purposes, but he thought if it became an issue, 3rd Street would have to be opened to provide legal access to the property from the south (23rd). He wanted everybody to understand this. Mr. Farrington asked if there was any land between Woolbright and the ball park where a street could be put in for access. Mr. Annunziato replied, "Just park ones." In the long run, Mr. deLong pointed out that something could go on that corner that would be a lot more detrimental to the residents of High Point, and he thought they should be looking to some kind of cooperative venture with an easement to these people so the City could currently abandon S. W. 3rd Street. Then it could never be reopened again. If that street is reopened, there will be a lot more traffic, and it is not because the Praxis - Adult Care Residence is going in there but because of anybody going in there. Mr. Farrington reiterated that the residents maintain the streets at their own expense and do not see why they should underwrite the expense of forming a right-of-way for some other project. In terms of their right-of-way, Mr. deLong did not think there was going to be any expense. He thought they would be looking at a much greater value in what they would receive by having 3rd Street permanently closed. Mr. deLong said they should look at it as a change of benefits if they could work out an easement. Chairman Ryder pointed ouk that they may get apartments where each unit has a car and uses it to go to stores. Here, they were talking about 2 dozen people who will not be making trips back and forth. Mr. Farrington retorted that there will be service cars. Chairman Ryder said it was a matter of whether this project was better than something that might come along. For the record and for the future, City Manager Cheney said there were several things that should be very clear: - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 1. There is no ability to go north on 3rd Street because the State bought the access rights to the area. 2. Ball Park Road is not a public street. There has been some discussion in the past that the cemetery may extend to the west. City Manager Cheney did not think it would happen but it is possible. If it does, there will prob- ably be no access at all. 3. There is a public access to S. W. 23rd, and anybody who builds on this piece of land and demands access at S. W. 23rd will have the right to do that. The hedge and chain will have to be taken down. City Manager cheney pointed out that they do not know what will happen in the years to come. This development may be sold to someone else after it is built, and that someone else may demand their right to use 3rd Street all the way to 23rd. The citizens of High Point should realize that. City Manager Cheney thought the suggestion by Mr. deLong that the people of High Point continue to allow this developer, by easement, to use Main and South Boulevards was the only sen- sible direction. Possibly, with that kind of easement, the City could abandon 3rd Street as a public street, but that would be a legal question. City Manager Cheney reiterated that Ball Park Road is not a public street but is the right to go through 3rd Street to S. W. 23rd and, if that is opened up, many more people will be coming through High Point to get to the ball park. It should be very clear for the record exactly what High Point's legal situation is. W. D. Sullivan, Vice President, Section 1, High Point, 300 North Boulevard, commented that City Manager Cheney made it clear that High Point's interest was to cooperate but also said it was a legal question about whether they could close 23rd. He asked what if High Point gives the easement, and 23rd is opened. Chairman Ryder thought it was premature to go into that right now. Mr. Annunziato thought High Point Condominium ought to be talking to Mr. Lindner about a permanent solution to access that does not involve the ball park driveway and does not involve 3rd Street at 23rd. He thought there was an oppor- tunity for a relationship which could serve both their needs. Mr. Annunziato clarified that he thought High Point and Mr. Lindner should jointly file an application for abandonment if Mr. Lindner has access. Robert S. Dixon, Section 2, High Point, 140 South Boulevard, was quite sure if they polled the 700 or 800 residents of - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 High Point, they would not consider public traffic on Main Boulevard or South Boulevard. He read a paragraph from a newpaper article about a meeting of the State Legislature in Tallahassee, where Senator Jim Scott, Republican from Fort Lauderdale, offered an amendment that put condominiums off limits to group and foster homes. The amendment cleared by one vote. Mr. Dixon offered a solution for High Point and the City but not for Mr. Lindner, and that was that the City take over 3rd Street, the lighting and maintenance, and then deed 3rd Street to High Point. This would enable the City to close off Ball Park Road and secure that. He was sure then High Point could come to terms with Evangelical Lutheran Mount Olivet Church, who owns the property. Mr. Annunziato advised that you cannot deny access to a property owner. No one could give 3rd Street to High Point and leave the church's property without public access. It would be illegal to abandon that right-of-way to anybody and landlock a parcel. If High Point made a deal with the church and bought their property and it became part of the condominium association, the problem would disappear,.but Mr. Annunziato did not see that happening. As no one else wished to speak in opposition, THE PUBLIC HEARING WAS CLOSED. Mr. Wandelt moved to approve the conditional use of the property, seconded by Mr. deLong, subject to the comments contained in Mr. Annunziato's memo of April 25, 1985 and the staff comments from the Utilities Director, Public Works Director, and Energy Coordinator. Motion carried 7-0. NEW BUSINESS PUBLIC HEARING CONDITIONAL USE Project Name: Agent: Owner: Location: Description: Ganesh Day Care Center Ken Carlson, Architect Palm Beach Agricultural Consultants, Ltd. 2304 South Seacrest Boulevard Request for Conditional Use approval to convert an existing house into a day care center to serve a maximum of 32 children, ages two through five MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Chairman Ryder said this also appeared before the Board before, and discussion ensued about the possible relocation of access from Seacrest through the development to minimize any cars pulling in and backing up onto Seacrest Boulevard. Since the Technical Review Board (TRB) was not given the chance to reconsider the application with the change, it was felt the proper thing to do would be to defer any action until that happened. Mr. Cannon said the site plan was originally submitted for the April Planning and Zoning Board meeting, and the TRB, having reviewed that plan, recommended against the Condi- tional Use because of a safety problem having to do with the driveway off of Seacrest. There was also a problem with the advertising of the public hearing. The newspaper failed to publish the advertisement, and it had to be advertised for this meeting. Mr. Cannon showed the surrounding uses on the overlay and read the memorandum dated May 2, 1985 from Mr. Annunziato to the Board. He also showed how the driveway was relocated from one location to another location, which solved the problem of parking spaces backing up into traffic. That was the primary reason the Planning Department and the TRB removed their objections. At the April Planning and Zoning Board (P&Z) meeting, the P&Z Board granted a variance to allow this driveway, which is within the 180 foot require- ments that applies to collector and arterial roads. To summarize, Mr. Cannon said the Planning Department recommended that the revised site plan be approved, as opposed to their previous recommendation of denial, subject to the comments in their memorandum of May 2, 1985, and sub- ject also to the comments by the Building, Engineering, and Utilities Departments, which he read. Vice Chairman Trauger asked where the R-2 comes to the south of the site and whether it was now C-1 zoning all the way down. Mr. Cannon replied that C-2 zoning extends all along Seacrest down to the vicinity of Bethesda Hospital. All of the lots that front on Seacrest, including the lot imme- diately to the south are zoned C-1 now. Chairman Ryder asked if anyone wished to speak in favor of the request. Ken Carlson, Architect, 221 S. W. 3rd Street, Boca Raton, thoUght they could conform to the staff comments and said there was no problem. Dr. Jan Ganesh was present with him. - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Robert L. Foot, 2400 S. W. 1st Street, Boynton Beach, knew Vice Chairman Trauger remembered when this strip was rezoned. Mr. Foot recalled that Vice Chairman Trauger dissented from the rezoning of the strip. At that point, Mr. Foot had said they did not need additional space along Seacrest for professiQnal office use. He did not think this use of the property would dilute the office space situation presently in Boynton Beach. Mr. Foot thought the property would be improved by a use of this sort because there is a need for nursery schools in the area. Having known Dr. Ganesh for many years, Mr. Foot thought they would make proper use of the property. Chairman Ryder commented that Boynton Beach is getting a lot of younger people, and they are looking for day care centers. Anthony Mignano, 617 S. W. 4th Avenue, came forward, and Chairman Ryder questioned whether he was speaking in favor of the request. Mr. Mignano replied he was in favor and un- favor. He owns a duplex on the south side (2314 South Seacrest). People live there and sleep in the day. Mr. Mignano asked if they were going to put a cement wall right on his line. Mr. Annunziato answered that it will be on the line. Mr. Mignano said they will have a wall from the back to the corner of the house. From the line of the house to the edge of the street, they will put a hedge. Mr. Cannon pointed out the extension of the wall west from the east property line along the south property line. Mr. Mignano wanted the wall extended to the end of the street so it would stop the noise of the kids and traffic. Mr. Annunziato advised that there was no zoning problem. It would be up to the applicant. Mr. Carlson said they had no problem with that. Mr. Mignano also wanted any damage done to his side replaced. If his grass is damaged or anything is broken, he wants it replaced. Mr. Mignano wanted a letter from the owners sent to him that they will fix any- thing that is damaged. Mr. deLong thought Mr. Mignano should understand that was not up to the Board and that Mr. Mignano should directly negotiate with the applicant. As no one else wished to speak in favor of or in opposition to the request, THE PUBLIC HEARING WAS CLOSED. Mr. Wandelt moved, seconded by Mr. Pagliarulo, to approve the conditional use, subject to staff comments. - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Mr. Annunziato asked if the motion included the extension of the wall to the Seacrest right-of-way line. Mr. Wandelt asked if the Board was obligated to do so. Chairman Ryder pointed out that the applicant had no problem with it, and he thought they should leave it at that. Mr. Annunziato advised that the wall is not part of the site plan and, to make it a part of the site plan, the Board should include it in their motion. Mr. Wandelt did not approve of the wall going all the way to the sidewalk. Mr. deLong agreed. Mrs. Huckle called atten- tion to the visibility problem there. It was decided Mr. Mignano and the applicant should work out where the wall would stop. A vote was taken on the motion and carried 7-0. Project Name: Agent: Owner: Location: Description: Party Liner Boat Sales Siteworks Architects & Planners, Inc. Mr. and Mrs. Edward Bauer U. S. Highway One and N. E. 8th Avenue, northeast corner Display and sale of new boats Mr. deLong abstained from acting or voting on this matter as he may possibly get a financial interes~ in the situation. Form 4, Memorandum of Voting Conflict, signed by Mr. deLong, is attached to the original copy of these Minutes. Mr. Cannon said the property was formerly a gas station and up to about a year ago, it was a pottery shop. It is in a C-4 district which extends from the northern boundary of the Central Business District (CBD) to the Boynton Canal. The CBD district starts at about N. E. 6th Avenue and continues southward. Mr. Cannon presented the site plan and read Mr. Annunziato's memorandum of June 5, 1985. With reference to paragraph 4, page 3 of the memorandum, Mr. Cannon read a memo from William D. Cavanaugh, dated June 6, 1985, stating that, Fire hydrants are adequate to protect this property." The Planning Department recommended approval of the appli- cation subject to the conditions set forth in the memo of June 5, 1985 and the staff comments by the Building Depart- ment and the Energy Coordinator. Chairman Ryder drew attention to the references to the Community Redevelopment Agency (CRA), which were made in the - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 memorandum, and asked what they had in mind with regard to the CRA. Mr. Annunziato reminded them of the workshops con- ducted between the Board and the CRA a year ago. One of the recommendations was that property north of the CBD along Federal Highway on the east side change from C-4 to C-2. To have that as a recommendation or action in the Redevelopment Plan would cause an inconsistency with the Comprehensive Plan, so it was suggested at that time that it be deleted and be forwarded as a comment to the Local Planning Agency for inclusion in their work on the Comprehensive Plan. Because they have not done that, Mr. Annunziato said it is question- able whether there is an inconsistency. As this was some- thing that was discUssed, Mr. Cannon brought it to the Board'srattention. Mr. Annunziato said what had to be evaluated was whether this could be considered as an interim use; if, with the high level of maintenance, it is better than having a vacant lot there to allow something to happen to the property which is not of a permanent nature. As property values in that area increase because of enhancements to the CBD, in time, Mr. Annunziato said they would probably see the use go out and a more intensive use put on the site. Chairman Ryder noticed they were using an existing structure. Craig Livingston, Architect, SitewOrks Architects and Planners, 639 East Ocean Avenue, SUite 107, Boynton Beach, Florida 33435, agreed with all of the staff comments except one. One of the comments asked them to put in a wall along the east property line. They have an existing fence and hedge and would rather keep the fence there and provide more hedges because the property owner to the east, who is also the applicant, would have visual access and could control security. Chairman Ryder asked if it would not go before the Community Appearance Board (CAB). Mr. Annunziato was not sure it was an issue for discussion because it is an Ordinance requirement. They could seek a variance, but where commercial uses abut residential uses, you must construct a six foot masonry wall. Mrs. Huckle wondered if they would take in some used boats or trade-ins. At this point, it was Mr. Livingston's under- standing that it would just be new sales. Mr. Annunziato asked why the building was painted lime green, when the intent is to improve the building and make it less shocking. Mr. Livingston understood they were going to paint it blue, and he said it would be painted according to the application. The application indicates it will be painted blue. - 11- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Mr. Livingston told Mrs. Huckle he thought there were three or four different sizes of pontoon boats, and they vary in length. They have a small roof over them of colored canopy. Edward H. Bauer, owner, 617 N. E. 8th Avenue, Boynton Beach, said the man who hopes to be there some day loves green. If the Board wants it painted blue, Mr. Bauer supposed it could be blue. Mr. Annunziato asked Mr. Livingston what presenta- tion he would be making to the CAB in terms of the color of the building. Mr. Livingston answered that the application states blue. Mr. Annunziato advised that it will have to be blue. Mr. Bauer noticed the hedge material said Ficus and asked if they had to stick with that. Mr. Annunziato suggested that they take it up with the CAB. As his wife hates the wall, he does not like it and cannot see if his gardens are entered across the street, Mr. Bauer asked if there was a way to get around having the wall. Mr. Annunziato advised that he should see Mr. Bert Keehr, Build- ing Department, and Mr. Keehr would explain the variance procedure. Chairman Ryder told Mr. Bauer the City Planning Department stipulates that the property is to be maintained in the nature it will be when he is granted a certificate of occu- pancy. Mr. Bauer was aware of that. Marjorie Ochstein, 636 N. E. 8th Avenue, (adjacent to Mr. Bauer's property) felt this would be a great improvement to the street, and the additional landscaping will greatly improve the property. She said they did not like the idea of a wall either and added that the green paint was great with them, as it matched Mr. Bauer's house. Chairman Ryder asked if anyone wished to speak in opposition to the request. Mr. T. G. Werronen, 625 N. E. 8th Avenue, asked if Lots 24, 25 and 26 were within the fenced in area. Mr. Bauer replied affirmatively. With no entrance on Federal Highway, Mr. Werronen wondered what kind of traffic problem they would get on 8th Avenue for parking. When cars park on both sides of the street, it is narrow getting out. Chairman Ryder asked what problems they haVe now other than the normal problem on side streets off of the Federal Highway. Mr. Werronen told of a big truck being parked there with Mr. BaUer's van on the other side and said there is not a lot of room. - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Mr. Werronen asked what the chance was of getting "No Park- ing'' on the motel side. Mr. Annunziato thought Mr. Werronen could bring that up before the City Council and they would have it analyzed by the Police Department. Mr. Werronen informed the Members that Mr. Bauer uses the Florida Power & Light Company easement behind his property and asked if he was going to use it behind this property. Mr. Bauer answered that he does not use the easement any more and that the easement is wide open. The two men argued. With reference to the traffic problem, Chairman Ryder suggested Mr. Werronen should wait until they are in there to see what happens and then bring it to the attention of the City Council. It may be that there will be no problem. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Mr. Winter moved, seconded by Mr. Wandelt, to approve the conditional use, subject to the comments in Mr. Annunziato's memo of June 5, 1985 and to staff comments. Motion carried 6-0. LAND USE ELEMENT AMENDMENT AND REZONING Project Name: Spada Concrete Specialists, Inc. Agent: Frank Spada Owner: Spada Land Company Location 3466 Old Dixie Highway Description: Request for an amendment to the Future Land Use Element of the Comprehensive Plan from Local Retail to Industrial and rezoning from C-3 Community Commercial to M-1 Industrial for the purpose of establishing a sales office and storage yard for a concrete contractor This item had not been advertised and was deleted from the agenda. It wil be on next month's agenda. ABANDONMENTS Project Name: Agent: Owner: Location: DescriptiOn: Bud's Chicken Mark Brinkman B-4, a Florida Partnership East Boynton Beach Boulevard at FEC Railroad, northeast corner Request for abandonment of a 20' street right-of-way located between the railroad right-of-way and the property owned MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Mr. Annunziato said the 20 foot street was platted many years ago and lies along the east side of the FEC Railroad right-of- way, just north of Boynton Beach Boulevard. In the past, the right-of-way continued north all along the east side of the railroad almost all the way to 10th Avenue but has been abandoned in most cases. The applicant was requesting that the portion south of 3rd Avenue be abandoned, which is the parcel west of his tract of land. The Community Redevelopment Plan suggested that certain right-of-ways be abandoned as a part of the redevelopment of the downton in B!oynton Beach. This is one of those roads. It was also suggested that 4th Street (the street on the east) be taken out of service, but Mr. Annunziato said that would have to be discussed as the property develops. If this property continues to be separated from the property which fronts on U. S. 1, there will be a.need to have 4th Street to serve both properties. The issue before the Board now was a 20 foot street adjacent to the FEC Railroad, north of Boynton Beach Boulevard, on the east side. The request was reviewed by staff and the public utilities and came to the Board with a positive recommendation, sub- ject to an easement being retained for public utility pur- poses. The width of the easement would have to be determined an connection With the utility companies. Mr. Annunziato passed out letters from Southern Bell and Florida Power & Light Company (FPL). FPL, in their letter to Tom Clark, City Engineer, dated June 7, said they have an existing guy wire and anchor as shown on their survey. Mr. Brinkman told Mr. Annunziato tonight that the pole and guy wire had been removed. Apparently, according to Southern Bell's letter of June 6, they have two buried cables running parallel to the west line of Block 7 within the easement, and they may have some cables in the future. Southern Bell was not objecting to the abandonment as long as an easement can be retained for their facilities. In his memorandum of June 5, Mr. Clark expressed that, in his opinion, the abandonment would be an the best interest of the public, and approval of the abandonment request was recommended. Chairman Ryder asked about the Community Redevelopment Agency (CRA). Mr. Annunziato replied that the Board had the discussion of the CRA as a part of the adoption of the plan. The plan suggests that the street be abandoned. Mr. Annunziato thought the all encompassing question was whether it was intended for the tract to be connected by ownership - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 to the tract to the east of it. The fact of the matter was they had a property owner of the property, who will join those two, suggest that they needed to address the portions of the plan they can. Therefore, Mr. Annunziatio believed Mr. Brinkman's request carried out the intent of his plan as far as it could. As this is in the Central Business District (CBD), when they come up with a new plan, Chairman Ryder said the applicant will have to follow the new procedure. When plans are sub- mitted for structures on site, Mr. Annunziato said they will be subject to the Downtown Review Board's review, the Community Redevelopment Agency, and the Council, but the abandonment was still within the purview of this Board and Council. That was why they did not have a plan from the applicant. Vice Chairman Trauger asked what benefit the City would get by giving the property away. Mr. Annunziato said the property has little benefit for public right-of-way because it is only 20 feet, and it comes out at a difficult place trafficwise where it intersects with Boynton Beach Boule- vard. From a traffic point of view, it makes sense not to have it there. However, there is the need to have some public easements to accommodate Florida Power & Light and Southern Bell. Chairman Ryder informed Mr. deLong that the length of the property is 292 feet. Mr. Wandelt asked how the City would retain the easement for the utilities. Mr. Annunziato replied that if Council wants to abandon this right-of-way, and it is requested that an easement be retained, the docu- ment which abandons also converts to an easement. Chairman Ryder commented there was no possibility it would be used as a street at any time in the future. Mr. Wandelt asked if the abandonment had any bearing on the location of Mr. Brinkman's structure. Mr. Brinkman answered that it did, mainly because of a large Banyan tree they wish to save. Michael Brinkman informed Chairman Ryder that he owns the property to the east and assured him this was not an instance where it would be added to the parcel and sold. He stated that they fully intend to use it but have been delayed because of the moratorium. If the City does not lose anything by this, and since they had assurances that another right-of-way and easement for - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 utilities could be found, Mr. deLong thought keeping the tree in there would enhance the property. Mr. Brinkman will have plans prepared, but is waiting for the City. On Thursday, Mr. Annunziato said the Technical Review Board is meeting ~o review the preliminary plans. The applicant has been working with an Architect who is familiar with the Downtown Review regulations, so a lot of this has already been worked out. Mr. Annunziato said this will be the first instance of plans to be processed through the revised review process involving the Downtown Review Board and CRA. Mr. Brinkman was involved in the other abandonments further north involving~where Bud's Chicken currently is. If the abandonment goes through, the only people left will be behind the dog pound. In the past, it was a 20 foot unim- proved right-of-way, and Mr. Brinkman believed the City retained the westerly 10 feet. Therefore, they had use of the whole thing, but Mr. Brinkman did not know if it would be appropriate. Southern Bell threw Mr. Brinkman a curve when they said they objected to it. He did not know where their underground line was. Mr. Annunziato informed him Southern Bell said they have two cables. Mr. Brinkman saw them remove the overhead but never saw them tear up the ground. He thought Florida Power & Light had the east and west mixed up. Mr. Annunziato said they have two cables running parallel to Mr. Brinkman's west property line. Mr. deLong asked Mr. Brinkman if he would have any problem with that. Mr. deLong just wanted to verify the location of the cables. He said the road that is existing today encroaches on their private property by a few inches, so the cables should be under the road. Mr. Annunziato thought the Board's position should be to protect the public utilities. There is a need for a utility easement there, and he felt it was their responsibility to meet that need. Mr. Annunziato thought this was something Mr. Brinkman might want to define with Southern Bell and Florida Power & Light between now and next Tuesday. As no one else wished to speak in favor or against the request, THE PUBLIC HEARING WAS CLOSED. Mr. Wandelt moved to approve the abandonment of the 20' street right-of-way located between the railroad right-of- way and the property owned, subject to the utility easements. Mr. deLong seconded the motion, and the motion carried 7-0. - 16- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Project Name: Agent: Owner: Location: Description: Dos Lagos Jonathan Ricketts FSC, Inc. East of Congress Avenue, south of Miner Road, east side Request for abandonment of special purpose easements and other non-fee interests in order to grant new easements consistent with a new site plan Mr. Annunziato said this is a request to abandon special purpose easements, which include utility easements, and other non-fee interests, which are ingress and egress ease- ments at Dos Lagos. The intent of the abandonments is to turn around and rededicate other substitute easements in order to accommodate the new building style they intend to put in the multi-family area. Chairman Ryder asked if people from Dos Lagos were present because the Board had affidavits from present owners which constituted that they had no objections. Mr. Annunziato said the southeast portion of Dos Lagos is developed as condominiums. The rest is not developed, except for the recreation area. Mr. Annunziato read the memo from Tom Clark, City Engineer, dated June 5, 1985, which recommended that the abandonments be approved predicated upon the responses received. Southern Bell's letter of May 28, 1985 stated they had nothing in place at this time. On May 17, 1985, a letter from Florida Public Utilities Company said they had no gas distribution facilities in place at this time. Mr. Annunziato did not believe they had an updated response from Florida Power & Light but was sure the situation was the same. He said whatever has to occur will be replaced and removed at the expense of the developer and new easements dedicated to accommodate the situation. Mr. Annunziato read the memo from Tom Clark, City Engineer, dated June 5, 1985. The first sentence in the last para- graph of his memo suggested that an appropriate method to effect the abandonment would be by replatting with ownership to include the Homeowners Association. The last sentence in the last paragraph of Mr. Clark's letter suggested the replat could be done by making the desired changes on a reproducible of the original plat with required signatures and by getting the document approved by the City - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 and recorded as a replat of Dos Lagos. Mr. Annunziato said that would be an alternative process to the one they had here, and he did not think it was necessary. Chairman Ryder asked if it would be a question of which is legal. Mr. Annunziato thought they were both legal. One involved a list of written dedications, and the other, more or less, involved a picture. Mr. Annunziato said they could look at the overlay to really understand what was going on. There are some 20 easements that basically involve abandonment of easements and rededi- cation of easements. Each tract is a development tract for housing. Within the development tract were two kinds of easements. There were utility easements and ingress and egress easements for public purposes. By going to a different unit configuration, Mr. Annunziato said it becomes- necessary to modify the location of those easements, and he explained. It appeared to Mr. deLong it might be better to go to the second alternative suggested in Mr. Clark's memo if the property owners already approve the new easements. All he was looking at was a list of owners in Dos Lagos and did not know whether they were in favor or against. Mr. deLong did not know if the Board would be open to a lawsuit and said perhaps the owners are not in agreement with what the developer is doing. Chairman Ryder referred to the easement mentioned for entrance or access and asked if that was for maintenance of homes and if it would be affected. Mr. Annunziato answered that the ingress and egress easements are dedicated to the City of Boynton Beach so the City can go in and perform its services. The Homeowners own the private roads. Chairman deLong and Mr. Annunziato agreed with Mr. deLong's comments. If the Board felt it made more sense for them to be platted, Mr. Annunziato said, "So be it." Mr. Johnathan Ricketts, FSC, Inc., Suite 406, 450 Australian Avenue, West Palm Beach, Florida 33401, said the situation presented to them involved a site plan change. The shape of the building has changed, and the offsets that need to be required for utilities are not present on their present site plan with the old easements. The owner is not in favor of replatting for time problems and also for other legal problems that will occur. Mr. Ricketts appreciated Mr. Clark's suggestions and said they will work with him. - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Mr. Ricketts pointed out that Mr. Annunziato said those solutions were acceptable and legal, but Mr. Ricketts said they would require public hearings plus the time. Chairman Ryder said people have already bought homes, and he asked if they would be affected. Mr. Rickets replied, "No." He explained that the existing recreation facilities that they presently use and the present landscapes they use in their tract would not be affected. Chairman Ryder asked why the owners were cited. Mr. Rickets answered that they were cited simply as a precautionary maneuver in case the City would require them to be contacted personally instead of through the Homeowners Association. Mr. Ricketts' understanding of the legal documents was that the President of the Homeowners Association has the right to speak in the interest of the owners. He told Chairman Ryder the owner is not too happy with it because of the delays in time and also the involvement of the addi- tional unit owners, in the sense that anything they have involved the unit owners with could be considered to be a hindrance to them. Mr. Ricketts' said they are not planning to do any work within the limits of the unit owners' tracts or the recreational tracts. Chairman Ryder asked Mr. Ricketts if he meant the unit owners were not affected in any way. Mr. Ricketts replied, "No, only because their existing easements were made in tact." Both Chairman Ryder and Mr. deLong again questioned why the unit ownlers were cited. Mr. Ricketts explained that the Attorney for the owner was afraid it would be required and listed them only for that reason. Mrs. Huckle asked if the unit owners had been notified. Mr. Ricketts understood they would not need to be notified, as they would be under the Homeowners Association. He informed Mrs. Huckle that the Homeowners Association had been notified. The developer is the Homeowners Association, and he is aware of the fact. Mrs. Huckle remarked that what it amounted to was the pro- perty owners had not been notified. Mr. Annunziato read paragraph 5 from the Application to Abandon and said the owners do "kind of" abut in that their tracts are in proximity to the tracts where the easements are being abandoned. Chairman Ryder pointed out that there was no stipulation that the owners were not affected in any way. It appeared to Mr. Annunziato that there would be little or no damage, if any at all, to the existing home owners because the easements are on tracts that have not been developed. They still maintain access over the private rights-of-way as opposed to the areas of the development tracts to the recreation area. - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Mr. Annunziato said the two concerns the owners would have would be their development tract where their buildings are; the recreation tract, which is constructed; and the access between. Those things have not been tampered with. All of the easements (20 or so) are on the tract.s of land which do not have structures on them. For the record, Mr. deLong asked Mr. Ricketts if he was say- ing these new proposed easements (the abandonment for the old ones) will in no way affect the recreation areas and the present situation of those people now in place. Mr. Ricketts assured the Members that was correct. Chairman Ryder asked if anyone else wished to be heard on this matter. Ed Welch, Attorney, with the firm of Brackettt, Cook, Sned, Welch & Scott, Fidelity Federal Building - 3rd Floor, 218 Datura Street, West Palm Beach, Florida 33401, said their firm represents FSC, Inc. He noted the alternative of platting was brought up. One of the reasons they wanted to do this was obviously for the sake of expediency, so they could do it as quickly as possible and redevelop the property in the fashion they decided in these particular tracts. One of the problems they were faced with, as with any PUD of this nature, is that a great deal of documenta- tion has already been prepared for Homeowners, Associations, Condominium Associations, etc. .All of this has been designed to refer to the original plat. If they replat, and all of those papers and documents have to be redrafted and redone, Attorney Welch said it would create more confusion than do- ing it in this fashion, whereby they take the easements as they are now in effect, abandon them, and rededicate ease- ments as are needed to conform with the new plat plan or site plan as approved. Attorney Welch confirmed Mr. Ricketts' statement that the easements they were discussing do not affect the people who presently own property in Dos Lagos. They were talking about all undeveloped tracts. As no one else wished to be heard on this matter, the PUBLIC HEARING WAS CLOSED. Chairman Ryder suggested that a motion be made with the stipulation that the homeowners will not be affected at all. When it comes before the Council, James Vance, City Attorney, may have some thoughts about the matter. - 20- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Mr. Pagliarulo moved to approve the request for abandonment with the stipulation that this will not impact unfavorably upon the present homeowners. Mrs. Huckle seconded the motion, and the motion carried 7-0. SUBDIVISIONS MASTER PLAN MODIFICATION Project Name: Agent: Owner: Location: Description: Quail Lake West Robert C. Wade, AIA Catania Development Corporation North of Golf Road, west of Congress Avenue Request to modify the unit types in the previously approved Planned Unit Development Mr. Annunziato read his memo of May 13, 1985. He called attention to the overlay and said, except for the develop- ment tract in the southeast corner, they were talking about two story condominiums on the tracts facing in all direc- tions but primarily oriented to the lake along S. W. 26th Street, linking Woolbright Road with Golf Road. Vice Chairman Trauger asked what a carriage house is. Chair- man Ryder read from Mr. Robert Wade's letter of May 3, 1985 that a carriage house is a two story townhouse apartment, one unit above another, each having its own ground floor garage and entry. Robert C. Wade, A.I.A., Wade and Kreidt Associates, P.A., 520 Brickell Key Drive, Office Plaza 201, Miami, Florida 33131, had a colored graphic like the overlay. He said the first portion has not been changed from the initial master plan, and they are prepared to go ahead with that. The villas are completely designed, and they are ready to start construction immediately. The lake has been dug, and they are ready to come in for building permits right away. Mr. Wade said the approved site plan now calls for three story garden apartments over parking, so basically they would have a four story structure around the lake. He felt that was too intensive and convinced the owner to change. These designs would be two story, and everybody would have a garage. From the outside, they would look like townhouses but in these, you would go upstairs and have the entire upstairs floor, like a single story flat. Downstairs, you would have the entire downstairs. It is one family on top of the other, similar to a two story garden apartment. - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Vice Chairman Trauger asked what the targeted marketing would be. Pricewise, Mr. Wade replied, marketing on the villas would be $100,000 to $130,000, and on the carriage houses about $70,000 to $80,000. The carriage houses come in groups of 4, 6, and 8. The villas would have zero lot lines and would have garages. Mr. Annunziato showed the plans, and Mr. Wade showed the floor plans. Mr. Wade said the materials are stucco with Spanish tile roofs. There were no staff comments. Mrs. Buckle moved to approve the master plan modification, seconded by Mr. Winter. Motion carried 7-0. PRELIMINARY PLATS Project Name: Agent: Owner: Location: Description: Boynton Lakes Plat 3A Ric Rossi, P.E. Lennar Bomes, Inc. East side of Boynton Lakes Boulevard, south of LWDD Canal 19 Request for approval of the construction plans and preliminary plat, which provides for the construction of infrastructure improvements to serve 128 units in connection with a previously approved Planned Unit Development Mr. Annunziato read the staff comments from the Engineering Department and the Utility Department. Enrico Rossi, P.E., Rossi and Malavasi Engineers Inc., 1675 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33409, accepted the staff comments. Mr. deLong moved, seconded by Mrs. Buckle, to approve the preliminary plat. Project Name: Agent: Owner: Location: Description: Boynton Lakes Plat 5 Ric Rossi, P.E. Lennar Bomes, Inc. Congress Avenue at Redford Drive Request for approval of the construction plans and preliminary plat which provides for the construction of infrastructure improve- ments to serve 133 units in connection with a previously approved Planned Unit Development Mr. Annunziato said Plat 5 is the area in the southeast corner of Bypoluxo Road and Congress, south of the commercial - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 tract. It lies between Congress and Boynton Lakes Boulevard extended and south of Plaza Lane. Mr. Annunziato confirmed Chairman Ryder's statement that it runs up to a proposed shopping center at the intersection of Hypoluxo Road and Congress Avenue on the south side. Mr. Annunziato read the staff comments from the Engineering and Utility DepartmentS. Mr. deLong asked what was meant by "Plat closure", which was mentioned in Mr. Clark's memo of June 5. When you run a description around the boundary of the plat, Mr. Annunziato said it is the outside limits of the land within the plat itself. The point from where you start and your bearings and dimensions as you go around is supposed to get back with- in 100*feet of the point you started from. *should be 1/100th of a Enrico Rossi, P.E., Rossi and Malavasi Engineers Inc., West foot closure Palm Beach, Florida, agreed with the staff comments, from the point of Mr. Pagliarulo moved to approve the preliminary plat, subject beginning. to staff comments. Mrs. Huckle seconded the motion, and the See 7/9/85 motion carried 7-0. F~nutes. Project Name: The Landings Agent: Ric Rossi, P.E. Owner: The Landings Apartments, Ltd. Location: Congress Avenue at S. W. Congress Blvd., north side Description: Request for approval of the construction plans and preliminary plat, which provides for the construction of infrastructure improvements to serve 384 units in connection with a previously approved Planned Unit Development Mr. Annunziato said this is the property on the north side of S. W. Congress Boulevard, west of Congress Avenue, and south of Banyan Creek. Many, many years ago, it was the Sears' property. Chairman Ryder said a new two story office building is there. Mr. Annunziato read the staff comments from the Engineering and Planning Departments. Mrs. Huckle was informed that there are 52 acres. Chairman Ryder recalled that access is to be on Congress Boulevard and not on Congress Avenue. Lakes of Tara, to the south, also has access from Congress Boulevard and not Congress Avenue. - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Vice Chairman Trauger moved to approve the preliminary plat, subject to staff comments and the land value of $65,229.72 per acre. Mr. Winter seconded the motion, and the motion carried 7-0. Project Name: Northwoods II - Tract F at Hunters Run Agent: Conrad Schaeffer Owner: Summit Associates, Ltd. Location: Hunters Run Golf & Racquet Club Description: Request for approval of the construction plans and preliminary plat, which provides for the construction of infrastructue improvements to serve 25 units in connection with a previously approved Planned Unit Development Mr. Annunziato read the comment from the Utility Department and said the site plan will be reviewed by the Board very shortly on this agenda. Charles Gilbert, Architect, Summit Associates, Ltd., 3500 Clubhouse Lane, Boynton Beach, questioned the staff comment. Mr. Annunziato explained that the sewer and water plans were reviewed independently by Perry Cessna, Director of Utilities. Mr. Cessna did not have the plans with him at the Technical Review Board meeting and asked that they be submitted in connection with the final plat. Mr. Gilbert commented that they are building 25 houses on the tract, and the houses' are similar to what they con- structed many times. Mr. deLong moved to approve the preliminary plat, subject to the staff comment. Mr. Winter seconded the motion, and the motion carried 7-0. Project Name: Agent: Owner: Location: Description: Brentwood - Tract F-2 at Hunters Run Conrad Schaeffer Summit Associates, Ltd. Hunters Run Golf and Racquet Club Request for approval of the construction plans and preliminary plat, which provides for the construction of infrastructure improvements to serve 44 units in connection with a previously approved Planned Unit Development Mr. Annunziato said it was recommended that this be approved. There were no staff comments. - 24- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Mr. Wandelt moved, seconded by Mr. Pagliarulo, to approve the preliminary plat. Motion carried 7-0. SITE PLANS Project Name: Agent: Owner: Location: Description: Dos Lagos Modification Jonathan Ricketts F.S.C., Inc. Congress Avenue at Miner Road, east side Request for approval of an amended site plan which changes the unit types by providing garages in lieu of parking Mr. Golden showed Congress Avenue to the west, proposed Miner Road right-of-way for the L-20 Canal to the north, the E-4 Canal to the east, and the L-21 Canal to the south on the overlay. N.W. 22nd Avenue is approximately 1200 feet south. The site plan covers the southwest corner of the Dos Lagos development. To the east and south is the Boynton Beach Park of Commerce Planned Industrial Development. To the south, on Congress, is a vacant tract zoned C-3 situated between the L-20 Canal and N. W. 22nd Avenue. To the west, across Congress, is the Melear planned development, and to the north is Boynton Lakes Planned Unit Development. Ingress and egress will occur on Congress Avenue in the approximate center of the proposed site. There is an exist- ing water main and sanitary storm main on Congress Avenue, which the applicant proposes linking into with an 8 inch water and sewer line. Sewage will be pumped by way of a master lift station provided on site. Mr. Golden read the staff comments from the Building, Fire, Engineering, Police, and Planning Departments. Mrs. Huckle wanted to know where the garages would be. Mr. Jonathan T. Ricketts, 450 Australian Avenue, Suite 406, West Palm Beach, Florida 33401, showed her the plan. He was aware of the staff comments and had no objections. Mr. Winter moved, seconded by Mr. Wandelt, to approve the site plan, subject to staff comments. Motion carried 7-0. Project Name: Quail Lake West Phase I Agent: Robert C. Wade Owner: Catania Development Corporation Description: Request for site plan approval to construct MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 21 single family detached units plus land- scaping at Phase I of the Quail Lake West project Mr. Golden informed the Members that Phase I fronts on Golf Road in the southern portion of the development. Woolbright Road is 100 feet to the north. Quail Ridge Estates is approximately 250 feet to the west. In reference to surrounding land uses, Woolbright Corporate Center is at the southwest intersection of Woolbright Road and Congress Avenue. Below that is Savannah Place. Across Golf Road is Cranbrook Lake Estates. To the west is Quail Ridge Estates in Palm Beach County. To the north, across Woolbright Road, is Lakes of Tara. Ingress and egress will occur by way of S. W. 26th Street, which will intersect Golf Road at the southern portion of the site. Water service will be supplied by a six inch water main which will connect onto an existing ten inch water main on Golf Road. Mr. Golden read the staff comments from the Engineering, Planning, and Building Departments and from the City Forester. With reference to the third comment in the City Engineer's memo of June 3, Mr. Annunziato advised there will be no lot lines shown because this is a condominium and not a zero lot line or an attached subdivision. He informed Mr. Winter they are one story high and are similar in concept to the one story single family homes in Hunters Run. Mr. Winter asked how close they would be. As far as the actual buildable area, Mr. Golden replied that they will be ten feet apart. It depends on the actual unit. Robert C. Wade, AIA, Wade and Kreidt Associates, P.A., 520 Brickell Key Drive, Office Plaza 201, Miami, Florida 33131, said the units are designed similar to a zero lot line concept, although they are to be sold as a condominium as opposed to a fee simple title. That was why Mr. Annunziato mentioned that the lot lines will not be shown as lots. Mr. Wade said they refer to the areas as building areas so that it defines a space in which you can build the villa and know that at no point will you be closer to another building area. The idea is to provide a means of flexibility. They designed three different models and want to offer the - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 product for sale to the public with the idea that they can pick what lot, location, and model they want to live in. In that respect they could not put down that the plan was a site plan and say that was what they were going to build because they wanted it to be subject to sales. Chairman Ryder did not understand how they related no lot lines to zero lot lines. Mr. Wade replied that the common terminology for zero lot lines is a home that is built with one side having no windows in it. The fact that one side has no windows, the space between them becomes a courtyard, and the blank wall of the one house serves as a garden wall for the other house. Mr. Pagliarulo moved to approve the site plan, subject to staff comments. Mr. deLong seconded the motion, and the motion carried 7-0. Project Name: Northwoods II and Villas of Brentwood Agent: Charles Gilbert, AIA Owner: Summit Associates, Inc. Location: Hunters Run Golf & Racquet Club Description: Request for site plan approval to construct 25 single family detached units (Northwoods) and 44 villas (Brentwood) plus landscaping and recreation facilities at the Hunters Run Golf & Racquet Club Planned Unit Development Mr. Golden showed both overlays and said there were no staff comments. Delray Dunes is to the west of this Tract F. Ingress and egress is by way of Summit Drive, which connects onto Congress Avenue. Charles N. Gilbert, Architect, 3500 Clubhouse Lane, Boynton Beach, Florida 33436, said what they were looking at were villas, which are two units attached. They all have golf course or lake views, and they will be similar to what is just east of that in the Villas of Northwoods. Chairman Ryder asked if they had changed their concept as to the types of homes they want to build, based on the market. Mr. Gilbert answered that the units they build are basically what they have built all along but perhaps are a little bigger and cost more. They are always adding something new as they progress. The concept is the same, but the depart- ure might be in how they would use a particular tract. Mr. Winter moved, seconded by Mrs. Huckle to approve the site plan. Motion carried 7-0. - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Project Name: Chalet IV at Boynton Phase I Melear PUD, Plats 3 and 4 Agent: Russell C. Scott, Urban Design Studio Owner: Chalet IV Corporation Location: Miner Road at Congress Avenue, west side Description: Request for site plan approval to construct 189 multi-family dwelling units plus recrea- tional facilities and landscaping in a previously approved Planned Unit Development Mr. Golden said the property is adjacent to the Melear property. To the west is the Sand and Sea Mobile Home Park. To the north, across the L-20 Canal is the Meadows 300 PUD. To the east, across Congress, is Dos Lagos, and to the south is a vacant tract of land fronting on Congress Avenue. Ingress and egress will occur by way of a perimeter road. The road has not been named and is subject to staff comments. The road links Congress to the proposed Miner Road right-of- way. Water service is to be provided by a ten inch water main which will extend from a 20 inch water main on the north side of the proposed Miner Road right-of-way. A six inch line will extend from the ten inch line to serve the units. On site sanitary sewer service will be by gravity flow to a lift station on site. Mr. Golden read the staff comments from the Building, Engineering, Utility, and Planning Departments and from the City Forester. The memo from the Public Works Department was not received, but he said the applicant met the require- ments for dumpsters, which was what the memo was in reference to. Mr. Russell C. Scott, Urban Design Studio, 2000 Palm Beach Lakes Boulevard, Suite 9600, West Palm Beach, Florida 33409, had a colored plan. He informed Chairman Ryder that they will be sold as fee simple townhouses. They will have two stories, two bedrooms, 21/2 baths. Every unit will have direct frontage to the lake, one of the large open space areas that will be retained on site, or the recreation facility. The recreation facility includes a play field, picnic area, children's area, four tennis courts, four racquet ball courts, a basket ball court, swimming pool, bath house, and a wading area. Chairman Ryder was informed that the entrance to this project lines up with the entrance to Dos Lagos. - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 Mr. Annunziato asked Mr. Scott if he understood the comments about the landscaping and the public right-of-way. Mr. Scott replied affirmatively and said he talked to Mr. Hallahan this afternoon. He said they would remove the guard house right away. Mr. Winter commented that the density was 8. Mr. Annunziato said the net densities in a PUD will obviously be higher than gross densities when you take off public dedications, lakes, etc. Mr. Winter said this was about the highest density the Board had so far. For this kind of development, Mr. Winter thought it was what they should expect. Mrs. Huckle moved to approve the site plan, subject to staff comments. Vice Chairman Trauger seconded the motion, ahd the motion carried 7-0. POST OFFICE - City Manager Cheney City Manager Cheney said they have been discussing access to the post office on the east side off of the 30 foot alley behind Publix and how they can get the alley widened. The City has proposals of widening it and dedication by the Post Office of 10, 15 and 20 feet at various places. Also, City Manager Cheney said they spoke with people in Congressman Mica's office and the Post Office about a major modification of access to the post office, which requires the Post Office to buy some land. west of them along Boynton Beach Boulevard so they would have an opportunity to have access opposite Mall Access Road B. City Manager Cheney said the proposal came originally from Bill Winchester, and Ric Rossi, P.E., has been helping to design it. It has been reviewed by Charles Walker, County Engineer, and no one said it was a bad idea, including the City staff, everybody City Manager Cheney talked to in the Post Office, the Washington people in Congressman Mica's office, and the liaison between the postal service at the Washington level. The problem is that no one knows how to bring it about. City Manager Cheney said they are continuing to push the Washington end as well as the local end to find some money to go ahead and buy some land in order to bring in what is the only way of solving a bad situation. Chairman Ryder asked what would happen to the east entrance. City Manager Cheney replied that it would still stay there but would be played down in use because most people would use Mall Entrance B. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 City Manager Cheney said they still have the continuous fight between the City and the Post Office as to who is in charge and who has more authority. He will be proposing to the Council on Tuesday night (June 18, 1985) that they end up accepting 15 feet from the Post Office on their east side to add to the 30 feet the City has on the access they annexed into the City and which is now the City's right-of- way, so the City will have 45 feet along the post office. The Post Office will probably agree to give the whole distance of 15 feet, move their fence to the rear of the post office, provide a sidewalk, and continue the sidewalk to the rear of their property line or the south property line when the land is redeVeloped. The Post Office also agreed to annex their land into the city so the City will not have a pocket sitting there. In return for the general commitment, the City has authorized the Post Office to use temporary water from an adjacent hydrant for construction purposes only pending the working out of this operation so they can finally come to an agree- ment on water and sewer in general. If any of the Members have any influence anywhere, City Manager Cheney said they are hoping to be able to get the Post Office to have money authorized to buy the adjacent land they need to the west so they can get access at a signal. He said they will still be pushing the issue of better access. Chairman Ryder was concerned about access from Congress Avenue if you do not choose to go up to the Boulevard. Barnett Road is a private street, and he asked how they could live with that as an access to the post office and to the City's new street (the alley). City Manager Cheney replied that the City is looking towards that because they do not have it as a public road and have no way of getting a private road. Chairman Ryder said development could cut it off, but Publix will not let them because of their trucks. City Manager Cheney was not sure it could be cut off with all of the City's site plan review powers, the fact that the City would argue very heavily that it has been there as a public access for so long, and because parking lots, to a degree in the Florida Statutes, are considered as having a public nature to them. City Manager Cheney said the Post Office asked the City to go to the owner of the shopping center and ask if he would dedicate ten feet to the 30 foot right-of-way. City Manager Cheney suggested to the Post Office that it was not very - 30- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1985 feasible because a piece of an electric transformer pan at the rear of Publix comes right out to the eastern line of the 30 foot right-of-way. Chairman Ryder thought chances were very slight that the owner of the shopping center would go with that. Chairman Ryder said people from the south will take that road, park, go to Publix, and walk around to the post office. City Manager Cheney did not think they would walk around until the sidewalks are in, which is what the Post Office people said. They will gradually get the sidewalk extended lot by lot. Then people will walk around. The City's requirements are that you extend the sidewalk for the total length of your property. City Manager Cheney commented that the tragedy of this is the Post Office has gone this far and never came to the City ahead of time to find out what the situation was because they have to keep all of these discussions secret. He hoped it could be resolved if the Post Office buys more land. ADJOURNMENT There being no further business to come before the Board, Vice Mayor Trauger moved to adjourn, seconded by Mr. deLong. Motion carried 7-0, and the meeting adjourned at 10:20 P. M. ~e~~gR~~ry~ (Four Tapes)