Minutes 12-13-83MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT CITY HALL,
BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 13, 1983 AT 7:30 P.M.
PRESENT
Simon Ryder, Chairman
Garry Winter, Vice Chairman
Lillian Bond
Ezell Hester
Ronald Linkous
Caesar Mau%i
~obert wandel~
Walter Kies, Alternate
Stormet Norem, Alternate
Carmen S. Annunziato
Director of Planning
Timothy P. Cannon
Senior City Planner
Chairman Ryder called the meeting to order at 7:30 P.M. by introducing
Members of the Board, the Director of Planning, Senior City Planner,
Alternate Members and Recording Secretary.
Chairman Ryder also recognized the presence of Mayor James R. Warnke,
Vice Mayor Carl Zimmerman, Councilman de Long, Councilman Nick
Cassandra, City Manager, Peter L. Cheney, and Mr. Owen Anderson,
Executive Vice President, Chamber of Commerce.
MINUTES
The minutes of the Planning and Zoning Board Meeting of November 8,
1983 were corrected as follows:
Page 2, "The applicant had subsequently applied for a variance which
provided for the extension.of 17th'Avenue ....... "
as corrected - Page 2., "The applicant had subsequently applied for
a variance which precluded the extension o'f 17th Avenue ..... "
As corrected, the minutes were approved by a motion from Mrs. Bond
and seconded by Mr. Linkous. The'~motion carried 7-0.
AN~OUNCEMENTS
Because Bethesda Memorial-Hospital has submitted an application for
a future land use element amendment and rezoning, Mr. Annunziato
suggested to the Board that a special meeting be held on Tuesday,
January 24, 1984 at 7:3.0 P.M. This would be in addition to the
regular meeting scheduled for Tuesday, January 10, 1984 at 7:30.
There was no opposition to this suggestion, and a meeting was scheduled
for January 24th.
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
December 13, 1983
COMMUNICATIONS
None.
OLD BUSINESS
Report on Threshold Buildings and Special Inspectors. Since no
action was required to be taken, there was little discussion, except
to say that the repOrt was done at the request of the Board and was
enlightening. Chairman Ryder summarized the information by saying
that the legislation was in the matter of public safety and would
provide for a qualified engineer to be on site during the construction
~f a building above threshold level at all times.
NEW BUSINESS
Public Hearings
Before specifically'mentioning particular applications, Chairman Ryder
pointed out' that ~here'~were~three items that were open for public
hearing, and anyone wishing to be heard Would have that opportunity.
He further indicated that there were three issues that were inter-
related, therefore they would be discussed all at once, but voted
on separately.
PROJECT NAME:
AGENT:
OWNER:
LOCAT I ON:
DESCRIPTION:
Sure.mit Investment Corporation - Annexation
Bu{1 Gentry
Swinton Development Corporation (Successor in title
to Summit' Investment Corporation and GulfStream Golf
Clpb).
Between Seacrest Boulevard and'Swinton Avenue, south
of St. Joseph's ~Epicopal Church and School.
AnNexation of 11.39 acre-tract of'land to be developed
for single'-family detached housing. Also, the right-
of~way'for'seacrest Boulevard is ~o be added to this
annexation.-
PROJECT NAME:
AGENT:
OWNER-
LOCATION:
DESCRIPTION:
S~nmit Investment Corporation'-' Land Use Element Amendment
an~ Re'zoning
Bucl Gentry
Swinton DeVelopment Corporation
Between Seacrest Boulevard and Swinton Avenue south of
St. Joseph's Episcopal Church and school.
Am.~ndment to Future Land Use Element of the Comprehensive
Plan to show annexed land~.as Low Density Residential
and Rezoning from Palm Beach County RS - Single Family
Residential District to B°ynton Beach R1AAB - Single
Family Residential in part, and R1A - Single Family
Residential in part.
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
December 13, 1983
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
summit Investment Corporation - Rezoning
Burl Gentry
Swinton Development Corporation
Between Seacrest Boulevard and Swinton Avenue south
of St. Joseph's Episcopal Church and school.
Rezone from R1AA- Single Family Residential to R1A
Single Family Residential, a .57+ acre tract of land
as a part-of the above-mentioned--proposed development.
LEGAL DESCRIPTIONS FOR ABOVE MENTIONED PROPERTY:
PARCEL ~1: Annexation
PARCEL ~2:
Beginning'at the Southeast corner of the NOrtheast 1/4,
Section 5, Township 46 South, Range 43 East, Palm Beach
County, Florida; thence run S 88 28'49"W, along the South
line of said Northeast 1/4, 55.27 feet to ~he Point of
Beginning; thence continue along the last described
course 271.99 feet to'the point on the Easterly Right of
Way line of Swinton Avenue; thence run Northerly along
the arc of .a curve to the right and along !said Right of
Way line, a distance of 181.27 feet to a point of tangent,
said curve having a-central angle 5 31'27", a radius of
1880.08 and a. tangent bearing N 6 01'18"W; thence run N
0 29'15"W along said.Right of'Way line, 77i.25 feet; thence
run N 88 37'19"E, 280.17 feet; thence run !S 0 39'12"E, 257.34
feet to the Point of Beginning. Containingi 2 acres more or
less
Land Use Element and Rezoning
Beginning at the Southeast corner of the Northeast 1/4,
Section 5, Township 46 South, Range 43 Eas!t, Palm Beach
County, Flor.±da; thence run S 88 28'49"W, ialong the South
line of said Northeast 1./4, 55.27 feet; thlence run N 0 39'
12"W, 257.34 feet; thence run N 88 37'19"E!, 56.26 feet to
a point-on the East line of said Section 5; thence run
N 0 26'~01"W, along said East line 430.64 feet; thence
run N 89 45'53"E, 617..09 feet to a point oB the Westerly
Right of Way'line-of Seacrest-~Boulevard; thence run S 0
39'12"E,. along said.'Right of Way iine 687.!30 feet to a
point on the South line of the Northwest 1/4 of Section
4, Township 46 South, Range 43 East; thence run S 89 41'
22"W, along'said South line, 620.17 feet t~ the Point of
Beginning.. Containing 9.39 acres more or less
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
December 13, 1983
PARCEL ~3. Rezoning
Beginning at the Southeast corner of the Northeast 1/4
of SeCtion 5, Township 46 South, Range 43 East, Palm
Beach County, Florida; thence run N 0 26'01"W, along
the East line of said SeCtion, 257~.46 feet to the Point
of Beginning; thence continue along the last described
course, 436.67 feet; thence S 89 30'09"W, 57.93 feet;
thence run S 0 39'I2"E, 437.54 feet; thence run N 88 37'
19"E, 56..26 feet to the Point of Beginning.
Mr. Annunziato gave a description of the location of the area while
Mr. Cannon pointed it out on the map. Mr. Annunziato went on to say
that in annexing pieces of property that there are three policies
in the Comprehensive Plan that must be adhered to. He also pointed
out that this was~the last piece of property in this area in the
Boynton Beach annexation area.
Because this annexation did comply with the three policies, as well as
favorable staff comments from the .City'and the County, a positive
recommendation was given.
Mr. Annunziato then went on to describe the proposed zoning. In
describing this proposal,~ he explained the size of the present lots,
(per Palm Beach County zoning) and the present density, and went on
to explain the proposed size lots, the square footage of the homes
that would be built on the lots, and their frontage.
Chairman Ryder pointed out that the existing zoning in this area is
generally R1AAb and is conformance with what is being proposed, in
that there is a transition to match what is existing, with a gradual
movement to RiA, along Seacrest Boulevard.
Mr. Annunziato then indicated that he woUld like to give a recommenda-
tion based on the report from the Planning Department and the informa-
tion available, which was that the property be annexed and zoned as
proposed.
Mr. Burl Gentry, Delray Beach, (applicant) came forward and indicated
that the presentation given'by Mr. Annunziato pretty much covered the
intentions proposed. Chairman Ryder inquired what the average price
of a home would cost and Mr. Gentry indicated $150,000.
-4-
MINUTES - PLANNING kND ZONING BOARD
BOYNTON BEACH, FLORIDA
December 13, 1983
There weren't any parties interested in coming forward in support
of the application. The .people who came forward in opposition were
as follows:
Gerald Skinner
S. W.~ 34th'Avenue
Boynton Beach, FL
George sifers
S. W. 36th Avenue
Boynton Beach, FL
Charlie Montafia
SW 35th Avenue
Boynton Beach, FL
Wayne Puls
831 S.W~24th Avenue
Boynton Beach, FL
The issues that these people raised were the potential depreciation
of .their homes if there was R1A zoning amidst the R1AAB zoning,~what
sort of privacy barriers were proposed, and how traffic would be
handled.
Chairman Ryder pointed out, among other things, that while this property
remained zoned in the County, the zoning density is much greater; and
in the event this property is'not annexed in the City, at any time the
area can be developed under the County's regulations.
There was further-discussion regarding putting a $150,000 home in the
vicinity of a $350,000 home and Chairman Ryder pointed out that al-
though there was a difference in price, a home that was $150,000 was
not considered modest, or low income.
Also discussed was the consistency of the proposed zoning with the
existing R1AAB, how the tax base would be affected, and how the City
would facilitate utilities should the property remain in the County
and was developed.
The public hearing was closed, and there was considerable discussion
among the Board members. Ultimately, the Board's decision was to
recommend to the City Council the following:
1. Unanimous recommendation was made for annexation to
be approved. To be included in this request is the right-of-way for
Seacrest Boulevard, adjacent to the site. Also, the applicant is to
dedicate a right-of-way for Swinton Avenue to a point 40 feet east
of the current centerline. 'The motion to recommend for annexation was
made by Mr. Linkous and seconded by Mr~ Hester. Motion carried 7-0.
-5-
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
December 13, 1983
2. Unanimous recommendation.was made to approve the
request for an amendment to the future land use element of the
Comprehensive Plan to show this land, if annexed, as Low Density
Residential. The motion for approvalwas made byMrs. Bond and
seconded by Mr. Wandelt. The motion carried 7-0.
3. The Board recommended that the request for rezoning
of the parcels to be annexed be approved".in part and denied in part.
That is, the Board recommended that the request to rezone from Palm
Beach County RS to Boynton Beach R1AAB be approved, and the request
to rezone from Palm Beach County RS to Boynton Beach R1A be denied.
The motion to recommend for approval in part and denial in part was
made by Mr. Linkous and seconded by Mr. Mauti, with Chairman Ryder
dissenting. The motion carried 6-1.
4. The Planning and Zoning Board recommended that the
parcel proposed to be rezoned from Palm Beach-County RS to Boynton
Beach R1A be rezoned instead to R1AAB'~ The motion to recommend that
the land to be annexed and zoned R1A be zoned instead to R1AAB was
made by Mr. Mauti and seconded by Mr. Linkous, with Chairman Ryder
dissenting. The motion carried 6-1.
5. The Board recommended that the request to rezone from
R1AAB to R1A be denied. The motion to deny this request was made by
Mr. Linkous and seconded by Mr. Mauti, with Chairman Ryder dissenting.
The motion carried 6-1.
There was a brief recess, and then Chairman Ryder, proceeded with the
Public Hearing for the following:
Parking Lot Variance
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
LEGAL DESCRIPTION:
Amoco Set
James Wyn~
Amoco Oil
U.S. 1 at
Relief fr~
of the Pa
Lots 5
;ice Station
le
Company
S.E. 4th Street
)m .Sections 5-141(g) (3) and 5-141(g) (8)
_~king Lot Regulations.
through 60 inclusive
CENTRAL PARK
Recorded in Plat Book 12, Page 12
Palm Beach County Records
After describing the location of this site, Mr. Annunziato explained
that the request of the applicant was to reconstruct the facility to
provide pumps for self-serve gasoline and use a portion of the building
for a mini-mart type of convenience store. He then explained the
requested variances.
-6-
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
December 13, 1983
The relief requested is from the following subsections in Section
5-141, Design Requirements of the Boynton Beach Code of Ordinances
Article X -.Parking Lots:
Driveways
(g) (3) No parking lot driveway~may be constructed
closer than thirty (30) feet from'the intersection
of the right-of-way lines along the local streets
and one hundred eighty (180.) feet along streets of a
higher claSsification.
(g[(8) No more than two (2) driveways shall be per-
mitted from any property onto any one public or
private right-of-way. Properties which are bordered
by more than one public or private right-of-way may
be permitted'two (2) driveways at each right-of-way
depending upon traffic volumes.
Mr. Annunziato explained that it was.the recommendation of the Technical
Review Board that the variances requested be denied, based on the be-
lief that the public will not be served in that the intensity of the
use proposed would increase congestion on site. The basis for this
belief was founded owing to the utilization of ~the building in part
as a mini-mart type convenience store and the construction of gas
pumps for self-service gasoline.
Mr. Nick Salvatore, Plan~ationr Florida, applicant, came forward to
indicate that from Amoco's standpoint, this would'be a definite
improvement to the already existing station. This was based on
what he explained to be a safer operation as well as a more attractive
and modern facility.
Mr. Annunziato pointed out was that in fact there was room and the
possibility of reconstructing the entire facility to make the renovation
work feasibly.
There was some discussion among the Board members and it was even
suggested that perhaps the item should be tabled.
Further discussion was held with the applicant, however, no one came
forward either in suppor-t or opposition.
The Public Hearing was closed.
-7-
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
December 13, 1983
Before voting, Chairman Ryder noted that in additio% to taking into
consideration.the recommendation of the TeChnical R~view Board, that
setting a precedence was also an issue.
A motion to deny this request was made by.Mr. Linkous and seconded
by Mr. Wandelt. The motion carried 7-0.
The Public Hearings being dealt with, Chairman Ryder went to the
subject of SUBDIVISION.
Preliminary Plat's
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Stonehaven Plats #1 and 2
Fred Roth, P. E.
The Satter Companies
South and west of Congress Middle School
Construction plans and preliminary plat document
to construct infrastructure improvements for
previouslY approved Planned Unit Development.
Mr. Cannon gave a presentation indicating infrastructure and road
locations and the net land value per acre being $28,208.75.
Chairman Ryder had some questions about Knuth Road and indicated that
he was under the impression that there were plans to reconstruct it
because of the Mall. Mr. Annunziato said'that the CoUnty did not in
fact have plans for this reconstruction.
Mr. Roth indicated that it was his intention'to comply with the
staff comments.
Mrs. Bond made a motion to recommend approval of this request, subject
to staff comments (to include market value for land) and the motion
was seconded by Mr. Wandelt. The motion carried 7-0.
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Replat of Tract D1, Sum~
Charles Gilbert and Con~
Summit Associates, Ltd.
West side of Summit Dri~
and Racquet Club
Construction plans and
construct infrastructur~
approved Planned Unit Dc
Lit Plat ~1
~ad Schaefer
~e, Hunter's Run Golf
,reliminary plat document to
improvements for previously
~velopment.
MINUTES - PLANNING AND ZONING BOARD
BOYNTON BEACH, FLORIDA
December 13, 1983
Mr. Cannon gave a presentation and positive recommendation, indicat-
ing that there were staff comments and the recommendation was
predicated on the staff comments.
Mr. Gilbert came forward and said that he was not only in agree-
ment with the staff comments, but in fact had complied with them
al ready.
There was very little discussion, and Mr. Wandelt made a motion
to recommend approval with Mrs. Bond seconding the motion, but
predicated on complying with staff comments. The motion carried
7-0.
SITE PLAN
PROJECT N ~AME: Cambridge II at Hunter's Run Golf and Racquet Club
AGENT: Charles Gilbert
OWNER: Summit Associates, Ltd.
LOCATION: West side of Summit Drive, Hunter's Run Golf and
Racquet Club
DESCRIPTION: Site development plans to construct 25 duplex-
residential units and recreational facilities on
18+ acres of land.
Mr. Cannon gave the presentation and positive recommendation, subject
to staff commments.
Mr. Gilbert said that he agreed to the staff comments, and there was
very little discussion.
Mr. Mauti made a motion to recommend approval, subject to staff
comments, seconded by'Mr. Wandelt. The motion carried 7-0.
ADJOURNMENT
There being no further business to come before the meeting, the
meeting was properly adjourned at 9:35 P.M.
Respectfully submitted,
~~er
-9-