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Minutes 11-13-84MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 13, 1984 AT 7:30 P. M. PRESENT: Simon Ryder, Chairman Garry Winter, Vice Chairman Norman Gregory Ezell Hester Ronald Linkous John Pagliarulo William Schultz, Alternate Carmen S. Annunziato, Director of Planning Tim Cannon, Senior City Planner ABSENT Caesar Mauti (Excused) Robert Wandelt, Alternate (Excused) Chairman Ryder called the meeting to order at 7:32 P. M. and introduced the Members of the Board, Mr. Annunziato, Mr. Cannon, and the Recording Secretary. He acknowledged the. presence of Mayor Carl Zimmerman, Vice Mayor Robert Ferrell, Councilman James R. Warnke, Councilman Nick Cassandra, and Owen Anderson, Executive Vice President, of the Boynton Beach Chamber of Commerce. MINUTES OF SPECIAL MEETING ON BOYNTON BEACH PARK OF COMMERCE HELD OCTOBER 23, 1984 Mr. Linkous moved to approve the minutes as presented, seconded by Mr. Pagliarulo. Motion carried 7-0. OTHER Mr. Schultz wished to thank Barbara Schwertfager, Secretary to Mr. Annunziato, for bounding and indexing the agenda. Chairman Ryder and the other Members agreed it was a big help. ANNOUNCEMENT - WORKSHOP MEETINC Mr. Annunziato announced that the City Council forwarded to the Planning and Zoning Board for its recommendation and public hearing the CBD (Central Business District) regula- tions which were proposed by Urban Design Studio under the auspices of the Community Redevelopment Agency. As part of that, the City staff will be processing an application for the City to rezone the area which is the central core area in the CBD for that zoning classification. Because the documents are lengthy, it was thought that the Planning and Zoning Board might want to meet in a workshop session prior to the public hearings. Mr. Annunziato handed - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 out the regulations and some justifications from the redevelop- ment plan to the Board Members from which the documents were based. He told the Members it would be helpful if they would keep the documents for the workshop meeting and subse- quent meetings. Chairman Ryder recalled that the guidelines were not a part of the Ordinance and said they are very important because the intent of the guidelines is to assure uniformity when things start developing. Tuesday, November 27, 1984 at 7:30 P. M. was set for the workshop meeting. Mr. Annunziato will send out an agenda. COMMUNICATIONS Mr. Annunziato received a letter from the Riteco Corporation on the Saberson rezoning, which was in the affirmative. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARINGS ANNEXA T ION Project Name: Agent: Owner: Location: Description: Lakes of Hypoluxo Richard Whalen for Contemporary Community Concept Corporation Walter H. Janke Hypoluxo Road, south side, 1500 feet west of Congress Avenue Annexation of a 17.7 acre tract of land, currently vacant and undeveloPed, to permit the development of a Planned Unit Development LAND USE ELEMENT AMENDMENT AND REZONINC e Project Name: Agent: Owner: Location: Description: Lakes of Hypoluxo Planned Unit Development Richard Whalen for Contemporary Community Concept Corporation Walter H. Janke Hypoluxo Road, south side, 1500 feet west of Congress Avenue Request to show annexed land as Low - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 Density Residential and to rezone from AR Agricultural Reserve to a Planned Unit Development with Land Use Intensity = 5 to permit the development of 85 zero lot line, single family residential units Because these two hearings were related, Chairman Ryder said the Board would take them together but vote on them separately. Chairman Ryder said this is on the northerly limits of the current corporate limits and is in a County unincorporated pocket. This is off the corner of Hypoluxo and Congress Avenues. Mr. Annunziato read his Memorandum, dated November 6, 1984, which was addressed to the Board. Under the Comprehensive Plan Policies, paragraph 2, page 3 of his memo, Mr. Annunziato read Exhibit B. He also read the "Comments on Annexation,, from the Recreation and Parks, Police, Building, and Personnel and Purchasing Departments. To paraphrase the comments of Robert Flanagan, Senior Planner, County Planning Department, in his letter of October 4, 1984, Mr. Annunziato said they anticipate that the proposed development will be consistent with the County Land Use Plan for this area in terms of density and asked the Board to be concerned about traffic on Hypoluxo Road although they note that Performance Standard No. 3 con- cerning major thoroughfares should be addressed. As a part of that, Charles R. Walker, Jr., County Traffic Engineer, wrote a letter to Mr. Annunziato, dated October 9, 1984, recommending that the project be assessed a fair share impact fee based on the current rate of $300 per single family unit and that they be required to construct a left turn lane, east approach on Hypoluxo Road at the project's entrance. The letter also stated no impact fee credit should be given for the construction as it is site related. Mr. Cannon showed the site plan on the overlay. Mr. Annunziato said Canal 18 separates the project from Hypoluxo Road. The applicant is proposing to extend a private road into the site, terminating into a loop road with four cul-de- sacs and drainage ponds Mr. Annunziato read the Planning Department,s recommendation that the rezoning request be approved subject to staff comments, which appeared as Exhibit C. He read the comments from the Building, Utility, Recreation and Parks, and Planning Departments. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 Mr. Annunziato said utilities will exist in the near future west, east, and south. The Meadows 300 PUD will have major utilities, finds' systems in the public roads with easements platted to the north. Also, on Lawrence Road, there are major sewer and water facilities which serve the high school. In paragraph "b" of the Planning Department,s comments, Mr. Annunziato added, "and front lot line;" With reference to paragraph "c", he said they have found in some of the zero lot line projects that they have had there is not an ample opportunity for the end home owner to utilize his property for things like screened porches and pools. By increasing the width of the lot to 55 feet, they could then have a 40 foot wide house or structure and still have ample room for screened porches. They were originally requesting 45 feet. Chairman Ryder thought that was an important observa- tion. Mr. Annunziato said the staff recommendation is that the annexation be approved and that the zoning be approved sub- ject to staff comments. Six reasons were listed for the recommendation. Mr. Hester asked if they were going to approve with the increase in density. If the Board adopts the recommendation of 55 feet, Mr. Annunziato thought the applicant would lose enough units to bring them below and into this category. Christopher V. Hurst, P.E., Vice President of Paramount Engineering Group, 350 Camino Gardens Blvd., Boca Raton, Florida 33432, brought a sketch plan which addressed the questions Mr. Annunziato addressed regarding the minimum lot sizes and setbacks. The plan reflected 55 foot widths on the lots. The depth of the lots was 105 feet, which was the same as it has been. With the 55 foot wide lots and the rest of the requirements they would be meeting, Mr. Hurst said they should be able to make the 25 foot front and rear setbacks. They are attempting to conform to the points raised by the Planning Department. Mr. Hurst informed Chairman Ryder that, at present, the streets are proposed to be private. They are 50 foot right- of-ways. The density is also somewhat reduced. Mr. Hurst believed the analysis was based on 85 units and now there will be 78 units. The plan Mr. Hurst had also addressed the question raised about the entrance. The entrance was relocated to conform to the existing median cut. Chairman Ryder asked if that was to facilitate the lefthand turn. Mr. Hurst replied that - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 the existing median cut is for a road on the north side of Hypoluxo, so they would not be able to move it because they would block off the ~oad. Chairman Ryder asked if anyone else wished to speak in favor of the application. There was no response. Chairman Ryder asked if anyone wished to speak in opposition to the proposal. There was no response. THE PUBLIC HEARING WAS CLOSED. Chairman Ryder recognized the presence of Councilman Samuel Lamar Wright, who entered the meeting at 7:55 P. M., and said the Board was honored to have the entire City Council present. Motion on Annexation Mr. Linkous moved, seconded by Mr. Schultz, to approve the annexation. Motion carried 7-0. Motion on Land Use Element and Rezonin9 Mr. Hester moved, seconded by Mr. Linkous, to approve the land use element and rezoning subject to staff comments Motion carried 7-0. · ANNEXATION 3. Project Name: United States Postal Facility Agent: Jack F. Willis Owner: United States Postal Service Location: South of West Boynton Beach Boule- vard, west of and adjacent to the Boynton Plaza Description: Annexation of a 4.22 acre tract of land, currently vacant and undeveloped, to permit the development of the new main Boynton Beach Post Office. Also included for annexation purposes are public rights-of-way in the vicinity which serve proposed postal vicinity and adjoining areas LAND USE ELEMENT AMENDMENT AND REZONINC 4. Project Name: United States Postal Facility Agent: Jack F. Willis Owner: United States Postal Service Location: South of West Boynton Beach Boulevard, MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 west of and adjacent to the Boynton Plaza Description: Request to show annexed land as Public and Private Institutional and to re- zone from IL/SE (Light Industrial,/ Special Exception) to PU (Public Usage) to permit the development of the new main Boynton Beach Post Office Again, as these hearings were also related, Chairman Ryder suggested they hear them at the same time and vote separate- ly on each one. He said this is just west of the intersec- tion of Congress and Boynton Beach Boulevard and to the west of the Boynton Plaza. Mr. Annunziato read his memorandum dated November 7, 1984. With reference to Comprehensive Plan Policy 2, Mr. Annunziato read the two comments from the Planning Department. He said the road which exists to the east of this property is a 30 foot Palm Beach Farms road and cannot be designed to handle the turn movements within 30 feet. Mr. Annunziato told Chairman Ryder the road on the east is dedicated, and Mr. Linkous added that it is contiguous to the right-of-way to the shopping center. Mr. Annunziato said it would give the City a 50 foot right-of-way. The County Traffic Engineer is anticipating the need for a right turn and left turn. Mr. Annunziato said the Planning Department recommended that the application be approved, and he read the six reasons why. Mr. Robert Flanagan, Senior Planner for the County, in his letter of October 4, 1984 stated that it is consistent with the County Comprehensive Plan. In his letter of February 15, 1984, Charles R. Walker, Jr., p. E., Director of the Traffic Division, Office of the County Engineer made two comments: · (1) The north drive onto the 30 foot right-of-way should operate two-way. (2) At a minimum, an additional 20 feet of right-of-way should be dedicated from the Postal Facility between the north drive and Boynton Beach Boulevard. The existing roadway should be reconstructed to provide two northbound lanes and one southbound lane. Jack F. Willis, Architect, Briel, Rhame, Poynter & Houser, 5499 North Federal Highway, Suite C, Boca Raton, Florida 33431, was informed by telephone today that the post office is only prepared to dedicate 10 of the 20 feet that have been requested because it is a hardship on the property. As you move to the west, if they move the building, Mr. Willis said they will get into deep muck, and that is quite - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 COStly. He informed Chairman Ryder he was talking about the street in back of the shopping center. Mr. Willis told Chairman Ryder one entrance is off of Boynton Beach Boulevard. He also showed the primary entrance, which they want widened, but Mr. Willis said the applicant only wants to give up ten feet of their property instead of 20 feet. He was in no position to negotiate and said the applicant would like more conversation. Mr. Annunziato said the property will not be served directly by a median cut. There will be a median cut at the 30 foot roadway and one directly north of the western property line, so all Boynton Beach property westbound will have to make a left turn at the 30 foot right-of-way and come south onto the 30 foot right-of-way and then enter the post office site. Eastbound traffic will be able to enter through a driveway on Boynton Beach Boulevard. However, all traffic exits from the driveway on Boynton Beach Boulevard eastbound or goes to the 30 foot right-of-way and then goes north to go west or right to go east. Chairman Ryder said the street is fed by a narrow road at the southerly entrance into the shopping center. Mr. Willis added that it is behind the shopping center. Chairman Ryder pointed out that it is fed by the east/west road coming in from Congress Avenue by Barnett Bank and the shopping center. For clarification, Mr. Annunziato said that is a private driveway and not a road to serve public traffic. Mr. Annunziato said the City's concern is the one south- bound and two northbound turn lanes and asked how you could design a proper turning system within a 40 foot right-of- way. Mr. Willis said the applicant believes the other property owner should give up ten feet on the other side, as it will probably benefit him also. Mr. Annunziato commented that it is unlikely that the property owner will dedicate a right-of-way at this point. Mr. Willis reiterated that all the applicant is prepared to dedicate is 10 feet. Mr. Willis noted that one of the recommendations stated that the widening of 20 feet could be just from that one entrance to the north. Mr. Annunziato's comment was that it would be they want the entire property. Without moving the building, Mr. Willis said they could accommodate it from the drive, but The rest of the way, he would have to move the whole thing. Chairman Ryder asked if Mr. Willis had anything to show this. Mr. Willis had a plan in his car, but the site plan had not changed much. - 7 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 19%4 At this point, Mr. Annunziato thought they should go'with the City staff's recommendations. In the next week, before it gets to Council, he thought they should see if they could accommodate the turning movements, as he thought the turning movements would be required. Chairman Ryder was not happy with the fact that they did not have a plan the Members could see, and Mr. Willis was given time to get the site plan. Mr. Schultz said he would like to see a soil sample to prove that within ten feet the muck would be a major problem. By being that close in, Mr. Schultz questioned muck as a major problem or as anything but an annoyance, and he explained. Councilman Cassandra advised the Board to wait for the appli- cant to come back before making comments so the applicant would have a chance at rebuttal. Mr. Willis returned, and Mr. Schultz asked him if he was talking about four to five feet of muck. Mr. Schultz was talking about 11 or 12 feet of muck to be removed in five feet. He understood they were talking about the west side of the building. Mr. Willis said they are into the muck now. There was discussion about the removal of muck. Mr. Schultz did not think from 1800 to 2300 yards of muck was a major problem of moving. Mr. Willis said the west side of the property will also be used for retention. Chairman Ryder was surprised this matter had not come up at the Technical Review Board and said it would be served almost primarily by the private road, which is only two lanes wide and is busy right now. Anybody coming from the south will use that road, as they would bypass the light at the corner. Mr. Annunziato thought a lot of it depended on the final configuration of the median cuts on Congress and suspected the driveway would be served by a median cut. He could not argue with Chairman Ryder. Chairman Ryder said the area is very busy to begin with. Currently, there is no light and since there are so many curb cuts on Congress Avenue from there to. the Boulevard, he found it a very unsatisfactory situation. Mr. Annunziato said that condition would exist regardless of what was built on the property. It was a design the shopping center owner chose to build ten years ago. Mr. Annunziato again suggested the Board approve the plan, subject to staff comments. Next week he will attempt to meet with the post office architects. - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 Chairman Ryder pointed out that the road which will be east of the applicant's property is encumbered a good part of the day by service trucks servicing all of the stores. He stated he would like to call the Council's attention to this particular problem. Chairman Ryder asked if anyone wished to speak in support of the application. There was no response. Chairman Ryder asked if anyone wished to speak in opposition to the appli- cation. There was no response. THE PUBLIC HEARING WAS CLOSED. Motion on Annexation Mr. Gregory moved to approve the annexation, seconded by Mr. Linkous. Motion carried 7-0. Mr. Annunziato commented that this would cause some action next week. If it is impossible for the applicant to grant an additional ten feet, the applicant will have to prove to the City that they can make the traffic work. Motion on Land Use Element Amendment and Rezoninq Mr. Linkous moved to approve this, subject to staff comments. Mr. Pagliarulo seconded the motion. Mr. Schultz asked if the applicant would have to have the 20 additional feet asked for if they can obtain the ten feet from the adjoining property owner to the east. Mr. Annunziato thought it would be very difficult to obtain at this point. Mr. SChultz was saying that the Board wants the width of the road, as the staff comment was quoted, no matter how the applicant gets it. Chairman Ryder referred to the additional construction at this point in the shopping center, which the Board has been confronted with, and said it will also activate additional traffic and traffic movements. Mr. Annunziato referred to Mr. Schultz's statement and preferred that he rephrase his comment to the extent that, "unless the applicant can accommodate the traffic within a lesser right-of-way.,, Mr. Annunziato said it is not impossible to put three lanes in 40 feet but he thought they should have the comments of Mr. Charles Walker, of the County Engineer's office. Chairman Ryder asked that they bear in mind this is used extensively by huge trucks, and they need a lot of room to - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 get around. The Members agreed that the applicant should obtain an additional 20 feet. Mr. Annunziato clarified that the motion was to approve the land use element amendment and rezoning, subject to staff comments, and the staff should make an effort to obtain 50 feet regardless of the Post Office's position. The Members agreed unanimously with this. A vote was taken on the motion, and the motion carried 7-0. LAND USE ELEMENT AMENDMENT AND REZONINC Project Name: Agent: Owner: Location: Description: Saberson Charles F. Hill Roger Saberson, Trustee Woolbright Road and L.W.D.D. E-4 Canal, northwest corner Request to amend the Future Land Use Element from Moderate Density Resi- dential to Office and Professional Commercial and to Rezone from R1AA (PUD) Single Family Residential to C-1 (Office and Professional District) Mr. Cannon said the Planning and Zoning Board recommended in favor of this request. He read the memorandum addressed to the Board Members from Mr. Annunziato, dated October 31, 1984 and showed the surrounding land uses on the overlay. Chairman Ryder pointed out that this is adjacent to Palm Beach Leisureville. Charles Hill, Agent, 500 N. E. 5th Avenue, Delray Beach, said the project name should be Jonathan Chua Eye Clinic, which is what is proposed to be built. Basically, that was what they were asking for, and Mr. Hill said the contract for purchase of the property was not only subject to rezon- ing to C-1 but subject to the fact that medical or profes- sional offices will be built on the property. He informed Chairman Ryder that the purchase of the property was con- tingent upon the Board's approval. Mr. Annunziato thought it was clear Dr. Chua had associated himself with this property. However, the action taken by the Board should not be based upon an action by Dr. Chua. The action before the Board was a request to amend the Land Use Element and to rezone a parcel of land. Chairman Ryder said in changing the zoning, there is always the possibility that something else can happen by way of a permissive use such as funeral home~, nursing homes, etc. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 Apparently, there was no question that Dr. Chua was associa- ted with the request because he told people in Leisureville what his plans were and arranged to meet with them at the Leisureville Club House. Chairman Ryder was present at the meeting and said Dr. Chua had a rendering showing a one story building with 60 parking spaces because he has about 12,000 square feet. In support of that, Mr. Hill said they wrote to the residents within the 400 foot area. Out of 59 residents, they had 36 replies in favor. Chairman Ryder understood it was looked upon with favor at the meeting he attended in Leisureville, in contrast to what is adjacent to the area now. Chairman Ryder asked if anyone else wished to speak in support of the application. There was no response. Chairman Ryder asked if anyone wished to speak in opposition to the application. Mr. Pat Paolella, 1600 S. W. 14th Avenue, Boynton Beach, lives directly behind what they are trying to rezone. Mr. Paolella had a map sent to him by Dr. Chua showing a straight line. Mr. Paolella assumed that from the straight line over, Dr. Chua is asking for the change to C-1. Further, in his letter, Mr. Paolella found figures of 120 feet and 107 feet, which was a different request than the whole parcel. He went to City Hall and instead of it being square on the map, it is cut on a triangle. The triangle serves the present owner to Mr. Paolella,s left and does not serve a purpose for the land to the right, which is being requested. Mr. Annunziato explained that the map Mr. Paolella looked at was erroneous. They took a look at an action taken by the City Council in 1981, when they adopted the zoning map. What happened was the piece of tape slipped. Mr. Annunziato told Mr. Paolella what he saw was the current configuration of zoning. Mr. Paolella lives directly in back of that and C-1 says a man is compelled to put a 24 foot shrub on the outer boundary of his property. Chairman Ryder said Mr. Annunziato made reference to a wall. Mr. Paolella did not have a guarantee that the wall would be built. He was objecting to this for one reason. If they have protection and the wall required for compliance as in C-2 and C-3 zoning, they will not object. Mr. Paolella was speaking on behalf of the people that live along the canal. Chairman Ryder suggested that the change in zoning was only the beginning. Subsequently, the Board will be considering MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 the site plan, and the Council will be considering the site plan. That would be the time to make sure the wall goes in. At one time a few years back, Mr. Paolella said a lady and gentleman were driving a car northwest on Woolbright Road, and the lady made a right hand turn into the weeds they were talking about now and landed directly behind his house into the canal. That was why Mr. Paolella was disturbed. Mr. Paolella said the shrubs would be 24 inches high, and the headlights on his car are 28 inches high. There is a parking lot behind his house. A little further is a shopping center with all of the filth in the back of it. They have rats and the most disgusting odor you ever want to smell behind the buildings. The owner is aware of it and put dumpsters back there so the residents could smell them. Mr. Paolella was adamant in saying they do not want that on this other piece of property. Chairman Ryder did not see the comparison and agreed that what was there was not very pleasant. Mr. Paolella repeated that he wanted protection behind his house with a wall. If they could show him a wall on the plan he would welcome the project. ' Mr. Gregory thought this was an inappropriate time for that particular subject, as the Board was on the matter of rezoning. Mr. Angelo Siragusa, 1911 S. W. 14th Avenue, Palm Beach Leisureville, Boynton Beach, lives west of the property in question. He took exception to the comments made by the Planning Department saying the rezoning request for that parcel of land is not strip zoning because it is strip zoning. Mr. Siragusa asked why the Board was considering granting an amendment to the Land Use Plan without assuring the residents of Leisureville that they will get what someone said they were to be given. He said they are granting a Land Use Amendment based on a promise and asked why the Board could not handle it like a package as they did on previous actions. Mr. Siragusa told the Board Members to let the applicant submit site plans and look at the whole thing as a package so the residents will know they can make vehement objections. He said the Board Members should not rezone that piece of property until the site plan is submitted. Mr. Leon Himelfarb, 1591 S. W. 14th Avenue, resented the equating of a doctor's office with a butcher shop up the street and said there was no comparison at all. He did not want the Board to retain that thought in its decision. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 It seemed to Mr. Paolella that Mr. Himelfarb did not live on the same block he lived on. Chairman Ryder advised that Mr. Himelfarb lives in the same block. Mr. Paolella said Mr. Himelfarb lived on the corner. Chairman Ryder advised that Mr. Paolella,s comments had 'no bearing on the subject. Mr. Himelfarb vehemently argued that his residence Ks closer to the building Dr. 'ChUa would put up than the residences of the previous speakers are. Mr. Paolella disagreed. THE PUBLIC HEARING WAS CLOSED. Mr. Annunziato reminded Chairman Ryder that Wade Riley, Vice President, Riteco Development Corp., wrote a letter in favor of the request. Mr. Linkous believed the residents were unnecessarily concerned because C-1 limits a lot of things. Mr. Gregory moved to approve the request, seconded by Mr. Hester. Motion carried 7-0. CONDITIONAL USE Project Name: Agent: Owner: Location: Description: Novatek Truss Plant Raymond M. Baribeau, President Novatek Construction Systems, Inc. 1401 Neptune Drive Request to construct a 10,684 sq. ft. truss plant on a 1.24 acre site Mr. Cannon said the Planning Department was recommending that the Board approve this conditional use. He showed the location of the existing building on the overlay and said the applicant is proposing to ~construct a truss plant to the rear of that building. This would be an open building for the construction of light-weight!metal trusses. Mr. Cannon read the Memorandum dated November 2, 1984, addressed to the Board, fromMr. Annunziato. Mr. Cannon read the staff comments from the Building, Fire, Engineering, Police, Public Works, and Planning Departments. He also read the comments from the Energy Coordinator and Urban Forester Raymond M. Baribeau, President, Novatek Construction Systems Inc., 1401 Neptune Drive, Boynton Beach, Florida 33435, agreed with most of the comments but asked for an explanation as to why he has to have a water hydrant on the property. He Said it is a steel plant, and they cannot set it on fire. Mr. Baribeau had discussed before with staff the bathroom they want to provide in the back for the new plant. Although MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 the handicapped have his sympathy, Mr. Baribeau said you do not find too many handicapped people making trusses out of steel. Mr. Annunziato said Mr. Baribeau no doubt will have handicapped employees as office workers, or handicapped purchasers may go to the facility. Mr. Baribeau advised that they already have three existing bathrooms with those specifications. He said they were talking about a bathroom especially meant for the plant in the back. Mr. Schultz agreed with Mr. Baribeau but advised that the State Code on Handicapped requires it, and what they were talking about was six extra inches in width. Mr. Baribeau said they are limited in space because they bought an exist- ing building. All of the walls are made with concrete block, so he cannot stretch the wall. Mr. Schultz wished Mr. Baribeau would check the number of handicapped stalls required for the number of stalls in the bathroom. He reiterated that six inches is not much. With regard to fire protection, even though it is a metal building, Mr. Annunziato said there will be storage of materials, vehicles, etc. in the back. This is a very deep lot. The City's Code requires that no part of any industrial building can be more than 200 feet from the source of water to fight fires. These lots are 450 feet long, which is the reason for putting a fire stand somewhere on the back portion of the property. Mr. Schultz advised that a fire hydrant would be required. Mr. Baribeau informed Chairman Ryder that there is no wall construction. The building is open on three sides. The fourth wall and the front of the building is the existing building. Mr. Annunziato informed Chairman Ryder there are open bays on the east, west and north. Chairman Ryder asked Mr. Baribeau if they would have to cut the metal trusses. Mr. Baribeau replied that most of the time they do not, which is the advantage. He estimated 90% would be pre-cut. The only place where they use welding equipment is in the existing building. They can put up a house with three men with no equipment in 72 hours. Chair- man Ryder asked if Mr. Baribeau would have power presses or drills to punch holes. Mr. Baribeau replied, "Yes, in the existing building.,, He added that the existing building is completely closed. Mr. Baribeau said a truss can be 50 or 55 feet long, which is why they need the space. Chairman Ryder asked what is on either side of the property. On the east side, Mr. Baribeau said there is Southern Sheet Metal. On the west side is a MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 vendor truck facility. Chairman Ryder wondered where Rel was in comparison to this. Mr. Annunziato estimated the acutal building itself was about 1/4 or 1/2 mile south. All of the Members had a copy of a letter from the owner of the Rel building. Mr. Baribeau informed Chairman Ryder that there are existing properties on either side of the develop- ment and side setbacks in each case. Chairman Ryder asked if anyone wished to speak in support of the application. There was no response. Chairman Ryder cation,asked if anyone wished to speak in opposition to the appli- Myers Knoll, Miami, owns property across the street, on Neptune Drive. He was not opposed to it, nor was he for it, but he wanted to see what was transpiring. He was concerned as to why Novatek would have to apply for a variance. Mr. Annunziato was asked what the present zoning is and what it was being changed to. Mr. Annunziato replied that no change in zoning or variance was requested. This is a conditional use, which is only Permitted upon the submission of a site plan and in connection with a series of public hearings con- ducted before the Planning and Zoning Board and the City tion.C°uncil' Other jurisdictions might call it a special excep- Mr. Knoll asked if it was zoned for that now. Mr. Annunziato answered that it is only as a conditional use, not as a use by right. It is zoned M-l, which is light industrial. Mr. Annunziato confirmed that all of the property there is zoned the same. He informed Mr. Knoll that he did not have a copy of the Zoning Code with him but Mr. Knoll could pick one up at the Planning Department,s office. THE PUBLIC HEARING WAS CLOSED. Chairman Ryder commented that he thought this was adjacent to the Rel Building, but it is not. As this building is in the rear and you would not know the difference from the front, he did not know to what extent it would be degrading on the area. Mr. Annunziato located the Rel building on the location map each of the Members had and read a letter dated November 5, 1984 from George H. Sands, G. R. Palm Associates, Real Estate Developers, 194 Nassau Street, Princeton, New Jersey 08540, saying his company owns the Rel building, which is adjacent to the Novatek property. The letter said they were opposed to the granting of the use requested by Novatek for the reason that they would like to see the area upgraded rather than downgraded. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 Mr. Linkous remarked that the Board established Rel is "pretty far south", and he moved to approve the conditional use, subject to staff comments. Mr. Schultz seconded the motion and the motion carried 7-0. THERE WAS AN INTERMISSION AT 9:10 P. M. The meeting reconvened at 9:18 p. M. SUBDIVISIONS PRE-APPLICATIONS Project Name: Agent: Owner: Location: Description: Lake Boynton Estates Plat No. 5 Enrico Rossi, P.E. Riteco Development Corporation S. W. 8th Street at L.W.D.D. E-4 Canal Request to construct a 16 lot single family subdivision on a tract zoned R1A Mr. Annunziato said this application was compounded somewhat by the recommendation the City Engineer made to the Planning and Zoning Board. He said there were two parts to the comments by Tom Clark, City Engineer. The first concerned the platting of the tract of land, upon the request of Riteco, recently rezoned into 16 lots, adjacent to the E-4 Canal, across from Leisureville, bordered on the east by 8th Street, which will be constructed through Ocean Drive. In order to develop these 16 lots, the applicant will have to construct the roadway which was started by the Bass Creek Developers from the south. Mr. Annunziato said 8th Street will not be constructed through to Woolbright Road because it is in too close proximity to the bridge over the E-4 Canal. There is a publicly dedicated right-of-way which lines up center line to center line with the access road to the Boynton Commerce Ceinter to the south. It is the road that is partially developed on the north side of Woolbright now. Riteco will have to construct that extension through to 13th, which is the second street north, then west to 8th, and construct 8th Street northward all the way to Ocean Drive. Mr. Annunziato explained that Riteco owns almost all of the property bordering 8th Street on the east side of 8th for a distance half the way through to 7th Street. He said Riteco has submitted plans to construct 8th Street plus all of the east/west roads which serve their property. Mr. Annunziato read the memo ~ated November 7 1984, from Tom Clark, City Engineer. ' - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 Mr. Annunziato said at issue is whether the Board feels the applicant should be required to replat the lots. He added that they can only be developed concurrent with the existing Code so the applicant will have to combine lots to make a building lot. Mr. Clark was suggesting that by the replat, one could accomplish the accommodation of lots, the dedica- tion of additional rights-of-way, the abandonment of alleys behind lots which do not serve the public, and the corner clips at the intersection without having special documents. Enrico Rossi, Professional Engineer, Rossi and Malavasi Engineers Inc., 1675 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33409, read and heard the comments from the City staff. He referred to Bass Creek doing their original plan by virtue of overlays instead of replatting. Mr. Rossi said they were talking about lots strung out along a road. As it stands right now, they have had tremendous costs. Obviously, if you do not have lots on both sides of the street, you are not going to get the best of your improve- ments, and Mr. Rossi said they were strung out to that point. Mr. Rossi said Mr. Wade Riley, who represents the owners of the property, indicated that he would like to have further consideration on the replatting process. If the replatting process is brought into being, Mr. Rossi said they would be talking about the recreational needs according to the sub- division code and the tremendous amount of time in getting the replatting done. It was in that regard that they took exception to the staff's recommendations. Chairman Ryder pointed out that this area has been in a foggy zone for a long time to the extent that most people do not know what is going on. It appeared to him that they should have a replatting so they know where they are going. Mr. Rossi thought they could accomplish both, and he brought out the fact that you can cure deficient rights-of-way and the abandonment of alleys by other instruments than simply replatting. Chairman Ryder argued that it does not serve the same function. Mr. Rossi informed him that they filed a platted overlay on another project which involved whole subdivisions in which streets were widened and easements were changed. This is a recorded instrument, and it has been done before on plats. Mr. Rossi added that they would like to proceed a.long those lines. If the question comes up at this point requiring the replat, Mr. Rossi thought they would ask that the project be tabled. Because of the history of this area, Chairman Ryder thought it should be replatted. Mr. Rossi-asked how Tom Clark, the MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 City Engineer, had it worded in his recommendations. Annunziato again read Mr. Clark's comments. Mr. Mr. Rossi asked what Mr. Annunziato's answer would be to the second comment. Mr. Annunziato answered that they have not felt they have had the authority to require recreation fees unless there is a platting procedure involved because the platting procedure is what triggers the recreation fee. Otherwise, it is developing previously platted lots. Mr. Rossi commented that answered the question. Mr. Annunziato disagreed, saying it did not answer the question. When they are adding this many units, he said Mr. Clark is asking, "Should not a recreation fee be appropriate .?" Mr. Annunziato asked if it would not be appropri~t~ to develop a recreation fee when they are developing about 60 additional lots to the 16 they have as a part of the preapplication. Mr. Pagliarulo pointed out that the 60 lots were previously platted and asked how Mr. Rossi would handle a replat because the applicant only owns part of it. Mr. Annunziato explained that the applicant would have to replat up to the limits of the property they own. Mr. Rossi amplified that it is a case in which these lots came back when Bass Creek could not go any further. As a result, there were three owners: The Baptist Church, which owned a "good chunk" of the Meadows; Riteco owned these 78 lots; and Kislak owned the balance. In order for them to develop, Mr. Rossi said they have to put main loop water lines in, run the entrance road all the way and connect to Woolbright Road, and provide for all up- stream drainage to come through their system to get to the E-4 Canal so they can oversize their pipes. Mr. Rossi remarked that there are a lot of things a developer has to do, and it is a question of how much more he can do. Mr. Linkous noticed Mr. Rossi alluded to 60 lots, but they were referring to 16 lots. Mr. Annunziato referred the Members to the location map. In order to develop this property, access from the south would occur directly across from the entrance of Boynton Commerce Center. There is an 80 foot dedicated right-of-way that extends from Woolbright Road to 13th, which is two roads north of Woolbright Road. Then the applicant is proposing to construct 13th Avenue westward to 8th, which is the north/south street adjacent on the east to the preapplication being proposed tonight. However, Mr. Annunziato continued, the applicant owns a significant number of properties on the east side of 8th Street as you project 8th Street northward to Ocean Drive. - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 That is where the additional 60 lots are. Mr. Clark is suggesting that there are many things that have to happen to bring those lots into a developable mode. In addition to the construction of roads, utilities, and drainage, it is also necessary to combine lots by legal description and to make them buildable lots because the zoning has changed and those lots are 50 foot lots or less. Secondly, the City's current Code requirements for things like streets and easement locations require that many changes occur to the existing plat. For example, Mr. Annunziato said five feet on either side of the right-of-way is going to require the applicant to bring the streets to 60 foot rights-of-way to meet current Codes. Additionally, at the corners (intersections), there is the requirement for corner clips because that is the current Code requirement. Thirdly, Mr. Annunziato said there are alleys in 25 foot streets which no longer really serve a public purpose. They have to be addressed, and the list goes on and on to bring the lots into a current developable mode. Mr. Clark is asking if the developer should not consider preparing a pre- application and a full platting process not only for these 16 lots but for the Riteco ownership in this area within the vicinity of 8th Street. Mr. Annunziato advised that the construction plans are already drawn to serve all of these properties. He believed the issue came down to whether or not a recreation fee is paid. At that time, the only thing missing, aside from the dedication document, will be the recreation fee. If the developer was not adverse to this, Mr. Annunziato suggested that this go forward with the understanding that they replat the other property also. He informed Mr. Linkous it is property east and north. Mr. Rossi referred to their development plans and said they actually submitted way beyond what is required in a preapplication. They went ahead and developed engineering and drainage drawings and the works" hole Mr. Wade Riley was not present, as he was out of town, but he gave Mr. Rossi instructions that if the subject of re- platting came up, he would like the Board to table it until the next meeting. Coming south from Ocean Drive, Mr. Annunziato showed 8th Street, the numbers of lots that would be combined into building lots, and the Riteco ownership. Mr. Pagliarulo asked why the Members were not concentrating on what was MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 before the Board. Chairman Ryder did not want to treat Mr.~ Clark's memo lightly and thought thiS should be tabled. Mr Linkous agreed. · Mr. Linkous moved to table the pre-application, seconded by Mr. Pagliarulo, Motion carried 7-0. Mr. Rossi confirmed Mr. Annunziato, s statement that this matter should come up on the next agenda. Project Name: 1400 South Congress Development Agent: Delfin Menendez Owner: C.A. Hobbs, Jr., Inc. Location: S.W. Congress Avenue, west of Congress Avenue, north side Description: Request to construct a 384 unit multi-family subdivision on a tract zoned R-3 Chairman Ryder commented that this is just north of Cherry Walk. Mr. Annunziato handed out a memo prepared by Perry Cessna, Director of Utilities, dated November 2nd. Mr. Annunziato suspected that as the project goes forward, it will take on a name other than the above name. Plans were submitted to construct a rental complex. Mr. Annunziato referred the members to the overlay. Congress Avenue is the road on the east, and S. W. Congress is the road on the south. The property on the north is Plat 2 of Stonehaven, being developed as Banyan Creek for a rental project. The property to the south is Cherry Walk, and the property to the west is a vacant undeveloped tract. To the east is Leisureville, and to the south on Congress is an office complex. As noted by Delfin F. Menendez, President, Menendez & Associ- ates Architects, Planners, Inc., Suite 407, Forum III, 1675 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401, in his letter of October 31, 1984, the site is vacant now and has an "L" shape lake toward the center. Mr. Annunziato read the description of the units from the letter. The pre-application was reviewed by the Technical Staff and came to the Board with a positive recommendation, subject to staff comments from the Building, Fire, Engineering, and Recreation and Parks Departments, which Mr. Annunziato read. Delfin F. Menendez, Architect, said they understood and agreed to the comments of the staff. When they submit the master plan, they hope the comments will either be disposed of or incorporated as recommended by the staff. - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 Chairman Ryder noted they have a clubhouse. -Mr. Annunziato added that they are near the maximum of the land use plan density. It is more than the density to the north and less than the density to the south. Mr. Hester moved to approve the pre-application, subject to staff comments. Mr. Linkous seconded the motion and the motion carried 7-0. ' MASTER PLANS Project Name: Agent: Owner: Location: Description: Catalina Club Kevin Henderson, Vice President Metro Development Corporation Riteco Development Corporation North of N. W. 22nd Avenue, west of Congress Avenue Request to modify a previously approved master plan by reducing the number of required park- ing spaces from two per unit to 1.82 spaces per unit Because this is a master plan modification, Mr. Annunziato said this first went to the City Council for a determination as to whether there was a substantial change. The City Council made a finding of no substantial change. Therefore, the request was on the Planning and Zoning Board's agenda. J. Kevin Henderson, Vice President, Metro Development Corpora- tion, 21301 Powerline (Jog) Road, Suite 301, Boca Raton, Florida 33433, in his letter of October 25, 1984, addressed to Mr. Annunziato, requested that the parking requirements be modified from the current two per dwelling unit down to 1.73 per dwelling unit. Mr. Annunziato explained that Metro is a very large rental housing owner and, based on their experience, they think too much parking is required by the City's Code. This was reviewed by the Technical Staff, and a recommenda- tion was made that the Board consider substituting for the request made by Mr. Henderson and for the current require- ments in the PUD (Planned Unit Development) requirements those requirements which appear in the Zoning Code. The Zoning Code is a more up-to-date Ordinance than the PUD regulations and takes into account the existence of large numbers of one bedroom apartments. It was the staff's recommendation that rather than approve the applicant,s request, the BOard suggest a 1.82 ratio. Mr. Annunziato said the staff also suggested that the two spaces per dwelling unit may not be appropriate in all MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 instances in all PUDs. This was also suggested by the City Council, and instructions were given to the Planning Department to propose modifications to the PUD regulations to bring the parking requirements in line with the Zoning Code requirements. Mr. John Glyman, The Glyman Design Group, and Mr. Henderson were in the audience. Mr. Henderson came forward and said Mahogany Bay is the name of the project. Their proposal was that they be allowed a reduction in parking spaces. His letter was intended only to convey their experience, based on their accounts of actual parking usage. They would typically design 1-1/2 spaces for a one bedroom unit and two spaces for a two bedroom unit, which comes out to 1.73 spaces per unit. That was what they projected they would need to serve the residents of their project during the peak demand period and full occupancy. Mr. Henderson said they understood the City's Zoningl Code provides for 1.82 spaces per unit under the same calculation method, and their plan provided 1.82 spaces per unit. If the Board determined that a potential reduction in parking could be consistent with the public interests, Mr. Henderson said they would commit to preserving an area in the green space which could be converted into parking spaces. Mr. Hester understood Mr. Henderson to say the plan shows 1.82 parking spaces per unit. If they do not need it, they can have the green area there, but if they need it, it will be parking spaces. Based on their experience, Mr. Henderson said sometimes they do not need as much parking as the Code provides for. They have proposed providing a green area for overflow parking or future conversion to parking to make up the difference. In the event the Board decided that was not the way to go, Mr. Henderson said they have what the Code would require in the plan. Mr. Schultz understood they were talking about 30 less spaces on the entire tract. Mr. Henderson confirmed that was correct and said it would be converted to grass and land- scaping that they could convert into parking sometime in the future. Mr. Annunziato said it is approximately 65 parking spaces. Mr. Glyman showed green spaces on the overlay that would be forced into asphalt if the plan was not approved, and Mr. Henderson added that they could modify the plan to meet the PUD Ordinance as well, but it was their thought that more green was better. Mr. Glyman understood that the City's Zoning Code provides for a certain number of units in excess of ten per building. - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 If they are one bedroom units, they would be counted as 1.5 spaces per unit. Because of their experience, he said they would use 1.5 spaces per unit despite the fact that those first ten units in the one unit building are also grouped together. Mr. Schultz asked if the Board's vote would set a precedent. Mr. Annunziato advised that there was no way it could because it would depend on the product units and number of units in a building. Mr. Gregory moved to approve the master plan subject to the staff's recommendation of 1.82 spaces per unit, seconded by Mr. Schultz. Motion carried 7-0. PRELIMINARY PLATS Project Name: Agent: Owner: Location: Description: Miner Ridge Estates Paggy Investors Riteco Development Corporation Miner Road, west of Rolling Green Elementary School Preliminary plat and construction plans to construct infrastructure improvements in support of an 18 unit, single family sub- division Mr. Pagliarulo wished to abstain from voting. Mr. Annunziato said the utilities are to the site and just have to be extended. He read the two comments from the Planning Department and recommended approval, subject to staff com- ments. John Fiorentino, Lake Worth, Florida, representing Paggy Investors, said they were in agreement with all the comments suggested. Mr. Linkous moved, seconded by Mr. Gregory, to approve the preliminary plat, subject to staff comments. Motion carried 6-0 with Mr. Pagliarulo abstaining from voting. An affidavit signed by Mr. Pagliarulo is with the original copy of these minutes. Project Name: Agent: Owner: Location: Description: Villas of Northwoods Charles Gilbert Summit Associates, Ltd. Hunters Run Golf & Racquet Club Preliminary plat and construction plans to construct infrastructure improvements to support 16 duplex villas - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 Mr. Annunziato said the Members had before them a replat of Tract E. The Board previously approved in preliminary plat form two other portions of Tract E. Mr. Cannon showed on the overlay how Tract E meanders around the northwest corner of Hunters Run Golf and Racquet Club. The other two prior approvals formed the western and northern limits of Tract E. Mr. Annunziato told the Members this came with a positive recommendation to approve as submitted. There were no staff comments. Mr. Charles Gilbert, Agent, 3500 Clubhouse Lane, Boynton Beach, said these would be one story duplexes, similar to .what they did before. He informed Chairman Ryder approxi- mately 60% of the tracts (1200 units) have been approved. Mr. Linkous moved, seconded by Mr. Gregory, to approve the preliminary plat. Motion carried 7-0. Project Name: Boynton Lakes Plat III Agent: Enrico Rossi, P.E. Owner: Lennar Homes, Inc. Location: Boynton Lakes PUD Description: Preliminary plat and construction plans to construct infrastructure improvements in support of 83 attached, single family units Mr. Annunziato informed the Members that Boynton Lakes is located on the east side of Congress Avenue between Hypoluxo Road and Miner Road extended. This was reviewed by the Technical Staff and came to the Board for approval as sub- mitted. There were no staff comments. Mr. Hester moved, seconded by Mr. Pagliarulo, to approve the preliminary plat. Motion carried 7-0. SITE PLANS Project Name: Agent: Owner: Location: Description: LoDolce Warehouses George Davis Charles LoDolce S. W. 14th Place at S. W. 30th Avenue Construction of a 17,400 square foot industrial building on 1.08 acres Mr. Cannon showed the location of Building A on the southend of the property and Building B. Both are one story, indus- trial warehouse buildings that total 17,400 square feet. There are two entrances to the site (one off of S. W. 30th Avenue on the north side, and another entrance comes off of S. W. 14th Place). Mr. Cannon read the staff comments from - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 the Building, Fire, and Engineering Departments. He also read the Energy Coordinator,s comment. Mr. George Davis, Architect, 1100 South Federal Highway, Boynton Beach, said there is a fire hydrant on the corner and a curb cut on the plans. He said he would bring the plans into compliance with the comments. Mr. Davis informed Mr. Linkous that the fire hydrant is on the corner of 14th and 30th Avenue. Mr. Linkous asked if the Fire Department was referring to another hydrant. Mr. Annunziato said the Code requires that no part of any industrial building can be more than 200 feet from a fire hydrant. Mr. Davis said the property is 275 feet from the hydrant. Mr. Schultz moved to approve 'the site plan, subject to staff comments. Mr. Hester seconded the motion, and the motion carried 7-0. e Project Name: Agent: Owner: Location: Description: Boynton Mini-Warehouses John Diehl J. C. Construction of Broward West Industrial Avenue Construction of a 64,480 square foot mini-warehouse building on a 1.54 acre tract of land Mr. Cannon said this is a long lot, approximately 112 feet north/south by about 600 feet east/west. West Industrial Avenue is the only access to the site. Laurel Hills Sub- division lies to the west, and the Seaboard Airline Railway and Interstate 95 lie to the east. This is a three story building with a maximum height of 26 feet. The purpose of the building is for personal storage lockers. Mr. Cannon continued that there is a one way driveway that goes along the southern edge of the property. Parallel park- ing is located right on the property line. There is a two way driveway along the north side of the building and 90 degree parking. The building itself will have a central corridor going all through the length of the building, and there will be a balcony on the north side of the building. Mr. Cannon read the staff comments from the Building, Engineering, Utility, and Police Departments. He also read the Energy Coordinator,s comment. John R. Diehl, Architect, John Diehl Associates, 3800 North Powerline Road, Pompano Beach, Florida 33067 agreed with the staff comments. ' - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 Mr. Pagliarulo moved, seconded by Mr. Schultz to approve the site plan, subject to staff comments. Motion carried 7-0. 3. Project Name: Banyan Creek Homes Agent: Ned Marks Owner: Stonehaven Development Corporation Location: Knuth Road Description: Request to construct entrance signs at Stonehaven Plat 1 Mr. Annunziato reminded the Members that subdivision entrance signs require the Board's and Council's approval as well as the Community Appearance Board's approval. Mr. Cannon showed the locations of the two signs on the overlay and said they are six foot high masonry signs with three faces on each side. Each face is six feet wide. Mr. Cannon read the only staff comment, which was from the Building Department Mr. Gregory moved, seconded by Mr. Schultz, to approve the entrance signs, subject to the staff comment Motion carried 7-0. ' e Project Name: Agent: Owner: Location: Description: The Villas of Northwoods Chuck Gilbert Summit Associates, Ltd. Hunters Run Golf and Racquet Club Request to construct 16 duplex villas Mr. Cannon showed the site plan for the third phase of Hunters Run, Tract E, and said the villas Would be located around a cul-de-sac. A pool and parking will also be pro- vided at the location. The plan came with a positive recommendation from the Technical Review Board with no staff comments. Mr. Charles N. Gilbert, Agent, 3500 Clubhouse Lane, Boynton Beach, had no comments. Mr. Hester moved to approve the site plan, seconded by Mr. Linkous. Motion carried 7-0. Project Name: Agent: Owner: Location: Description: 2300 Building Delfin Menendez Dr. Richard Kalt Woolbright Road at S. W. 22nd Avenue Request to construct a 6,184 square foot office building at Tract L, Plat of tenth section, Palm Beach Leisureville MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 Chairman Ryder informed the Members this is west of the plan they previously considered. Mr. Cannon showed the location on the overlay and said the site is separated from Palm Beach Leisureville by a canal right-of-way. The plan calls for a two story office building, which will have under building parking. The first floor of the building will have medical offices, and the second floor will have general offices. The only entrance possible under the Parking Lot Code is off S. W. 22nd Avenue. The dumpster is located in the northwest corner of the property. Water and sewer lines are already located at S. W. 22nd Avenue. Mr. Cannon said it will be an off white stucco building with modern architecture. Mr. Cannon read the staff comments from the Fire, Engineer- ing, Police, Public Works, and Planning Departments. Delfin F. Menendez, Architect, Menendez & Associates, Archi- tects, Planners, Inc., 1675 Palm Beach Lakes Boulevard, Suite 407, West Palm Beach, Florida 33401, agreed with the comments and with Chairman Ryder's statement that they will need sidewalks on S. W. 22nd Avenue. Mr. Menendez informed the Members that the entrance is in line with the entrance of the Venetian Terrace Apartments. Mr. Linkous moved to approve the site plan, subject to staff comments. Mr. Pagliarulo seconded the motion and the motion carried 7-0. , OTHER: 1. Determination of consistency of proposed civic dedica- tion ordinance with Comprehensive Plan Chairman Ryder asked the Members to recall they had a develop- ment on the west side of Congress Avenue at Miner Road. At that time, the City suggested that land be donated for non- recreational purposes, and mention was made that legally, there was no basis for sustaining such a request. The Members had an Ordinance before them setting forth formulas, and Chairman Ryder explained. Mr. Annunziato said the staff was asking for a finding of consistency with the Comprehensive Plan. Chapter 163 of the Statutes (Local Government Comprehensive Planning Act) requires a review of land development regulations by the local planning agency prior to the Council's adoption of land development regula- tions. This item and the next item are land development regulations. One is a subdivision regulation and the other a Zoning Code amendment. - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 Mr. Annunziato said the legal staff and planning staff pre- pared an Ordinance which was questioned by developers of the Boynton Beach Park of Commerce. The Boynton Beach Park of Commerce felt such a dedication was proper but felt it was important to have an Ordinance which they thought was legal and sustainable. They agreed to fund a Consultant, which would be employed by the City, to provide a formula to assess properties based on what the real requirements are. Mr. Annunziato asked that the Members approve the Ordinance in concept and that they make a finding of consistency with the final figures to be provided as a result of the analysis prepared by the Consultant. He asked, "Is the concept of a civic dedication Ordinance consistent with the Comprehen- sive Plan?', and said the staff believes that it is. Chairman Ryder commented that this showed a lot of work and effort by the Planning Department and the City Attorney,s office. Mr. Linkous moved to approve the Ordinance in concept, seconded by Mr. Schultz. Mr. Gregory asked if this addressed itself totally to recre- ational areas. Chairman Ryder replied, "All non-recreational areas, such as a fire house, water site, tank, or that sort of thing.,, A vote was taken on the motion, and the motion carried 7-0. 2. Determination of consistency of ro tion or ' · P posed family defini- danance with Comprehensive Plan (Staff report to be distributed on 11/13/84) Chairman Ryder said this was brought about at the City Council. Mr. Annunziato had a modification to page 1 of the proposed Ordinance that gave a new definition of "Family,,, an analysis as to the consistency of the definition with the Comprehensive Plan, and the Planning Department,s opinion, which he passed out to the Members. Mr. Cannon read the memorandum dated November 13, 1984, addressed to the Chairman and Members, from Mr. Annunziato. Mr. Linkous wondered how they would police this. Mr. Annunziato answered that the pro os restrictive . . _ P ed defanition · than the exasta . . . as less · ng deflnat~on. The administrati said the kind of occupancy that is occurring in a dwelling on as something that will have to be worked out. Mr. Annunziato unit is difficult to prove. What they were really talking about was an attempt to limit the turning of single family MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 dwelling units into boarding houses. Mr. Annunziato suspect- ed it would require surveillance on the part of the Police Department and rigorous attention. If the Ordinance is adopted, Mr. Annunziato suggested that, undoubtedly, the City Manager would be charged with coming up with a plan for enforcement. Mr. Schultz questioned the sense of having more Ordinances when we should enforce some of the ones we have. Mr. Annunziato referred to people working in Codes Enforcement. Mr. Schultz said they would be trying to enforce an Ordinance that would be very difficult to enforce when simple Ordi- nances are not being enforced. There was discussion. Councilman Cassandra interjected that this action was generated by the Council because of a single family resi- dence having 14 bodies in it. He advised Mr. Schultz that the question of administering was not the Board's concern and that the Board should act on the staff's comment. If there is a problem, Councilman Cassandra said there should be an Ordinance to solve that problem. He commented that Mr. Cannon did an excellent job. What happened was the City Attorney said the Code the City has now is unenforceable by Supreme Court action. Therefore, the Code has to be changed. Right now, the City wants to get something that is enforce- able all the way to the Supreme Court. Mr. Hester had trouble with the definition of "Family-, and he also questioned the enforcement. Until it is on the books, Chairman Ryder said the City had nothing to go by, and it is a serious problem. Mr. Gregory asked if there were health rules on the books that require certain standards for single family homes. Mr. Annunziato replied it is addressed several ways. The Minimum Housing Code talks about degrees of overcrowding. Also, there is the Zoning Code and the Health Department require- ments where you can inspect for health related issues. Mr. Gregory was also concerned about enforcement and added that he thought it infringed on an individual,s property rights. He was concerned when the City had to add additional Police powers and stated he would have to give the matter a great deal more consideration before voting on it. Councilman Cassandra gave examples of condominiums infringing on property rights and also referred to people in Cedarwood being evicted. In his opinion, the Board's concern was the definition of "Family,, which, as it now stands in the Code, is illegal and has to be corrected° For that reason, this was carefully put together by Mr. Cannon, Mr. Annunziato, MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA NOVEMBER 13, 1984 and the legal staff. Councilman Cassandra said the Board had to act on it. He emphasized that there is a complaint of 14 people living in a single residential home with cars parked in a swale area. One way or another, Councilman Cassandra stressed that the Board Members should act on it and give their advice to the Council. Mr. Gregory was not prepared to make that decision tonight, and he thought a great deal more thought should be given to it. There was more argument. Mr. Hester was not opposed to limiting the number of people in a house but reiterated that he had a problem with the definition of "Family,,. After more argument, Councilman Cassandra said if the Board went along with Mr. Gregory and tabled it, they would be putting off a problem that is here now and has to be resolved. Mr. Linkous read the definition of "Family-, and it seemed to him that would be a family. The thing that might get him was more than two persons, and he asked, "For what length of time?" Mr. Annunziato replied that someone visiting would not be in violation. Mr. Schultz moved to table the matter, seconded by Mr. Gregory. At the request of Chairman Ryder, Mrs. Ramseyer took a roll call vote on the motion. Motion carried 4-3 with Chairman Ryder, Mr. Linkous, and Mr. Hester voting against the motion. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 11:00 p. M.