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Minutes 09-13-83MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY SEPTEMBER 13 1983 AT 7:30 P. M. ' , PRESENT: Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezell Hester Ronald Linkous Caesar Mauti Robert Wandelt Walter Kies, Alternate Stormet Norem, Alternate Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner ACKNOWLEDGMENT OF MR~BERS AND VISITORS Chairman Ryder called the meeting to order at 7:30 P. M. He introduced the Members of the Board, City Planner, Assistant City Planner, and Recording Secretary. Chairman Ryder acknow- ledged the presence of Mayor James R. Warnke, Vice Mayor Carl Zimmerman, Councilman Nick Cassandra, Councilman Joe deLong, City Manager Peter L. Cheney, and Robert Foot, President Chamber of Commerce. , MINUTES OF AUGUST 9, 1983 Mrs. Bond moved that the Minutes be approved, seconded by Mr. Linkous. Motion carried 6-0 with Mr. Hester abstaining from voting as he was not present at the meeting of August 9. MINUTES OF LAST THREE WORKSHOPS ON M-1 DISTRICT REGULATION MODIFICATIONS1983 - JUNE 29, 1983, JULY 28, 1983, AND AUGUST 22, Mr. Linkous moved to approve the Minutes of the last three Workshops, seconded by Mr. Mauti. Motion carried 7-0. COMMUNICATIONS Chairman Ryder read a Memorandum from Betty S. Boroni, City Clerk, dated September 1, 1983 stating that when a Member is unable to attend a meeting, he should contact the City Clerk. He also read an excerpt from the Minutes attached to the Memo showing'that the City Council agreed to this. Chairman Ryder also read a Memorandum from Mayor Warnke ask- ing for suggestions from the Board Members when there is a vacancy on any Board. In his Memorandum, Mayor Warnke also requested all Boards to put aside a few minutes to address restrictions of the Code or Charter. Chairman Ryder suggested that this matter be placed on next month's Agenda so the Board can discuss it. - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 ANNOUNCEMENTS Moratorium - Redevelopment Area Mr. Annunziato informed the Members that the Council has now acted to transmit the moratorium to the Planning and Zoning Board for public hearing. The City's Attorneys have determined that this should be treated as almost a zoning action. Because of that, Mr. Annunziato said they feel obligated to notify all property owners in the Redevelopment Area at least thirty days prior to a public hearing date. The City Clerk is in the process of preparing that mailing list. Chairman Ryder clarified that the downtown area is under- going study for redevelopment. The Council felt it was necessary to move on a moratorium to halt all construction pending further development and possible adoption of the plan. An Ordinance has been prepared. However, it was determined that the Ordinance should be referred to the Planning and Zoning Board first and then to the Council. The Council is very anxious to have the City move on this. After discussion, the public hearing was tentatively set for Wednesday, October 26, 1983 at 7:30 P. M. Mr. Annunziato informed the Members that it was tentative depending on when the City can get the mailing out. If there is any change, Chairman Ryder told the Members they would be notified. Mr. Linkous was advised that the Moratorium pertains just to the area within the scope of the downtown redevelopment. Chairman Ryder recognized the presence of Sam Scheiner, Vice President of the Community Redevelopment Agency. Both Mr. Annunziato and Chairman Ryder thought it would be helpful to have Members of the Community Redevelopment Agency present too. OLD BUSINESS Transmit Proposed M-1 District Regulation Modifications to City Council Mr. Annunziato commented that five sections are to be modi- fied as a result of these regulations: Definitions, creation of a General Provision Section, modification to the M-1 Use Regulations, an additional section proposed for Nonconform- ing Uses and Structures, and creation of the Environmental Review Permit procedures. For the information of the Members, Mr. Annunziato attached a copy of a letter he received from William P. Doney, Assistant City Attorney, dated September 2, 1983 containing answers to questions the Board Members had raised. - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Mr. Annunziato recommended this be forwarded to the City Council fOr review. Mr. Linkous made a motion to submit the M-1 District Regulation Modifications to the City Council for their attention and consideration, seconded by Mr. Hester. Motion carried 7-0. Chairman Ryder recognized the presence of Owen A. Anderson, Executive Vice President, Chamber of Commerce. NEW BUSINESS A. PUBLIC HEARINGS Rezonin~ (1) Project Name: Agent: Owner: Request: Location: Description: Boynton Discount Center on Federal Harry Kirsner Harry Kirsner Rezone from C-2, Neighborhood Commer- cial to C-3, Community Commercial SouthweSt corner of Federal Highway and N. E. 15th Avenue Rezone from C-2 Neighborhood Commer- cial to C-3 Community Commercial a 2.53 acre tract of land to provide for the construction of a discount center. Legal Description: Parcel 1: The South 100 feet of the North 785.16 feet of Government Lot 2, Section 22, Township 45 South, Range 43 East, lying West of the Florida East Coast Railway Company's right-of-way and South of the right-of-way of Northeast 15th Avenue in the City of Boynton Beach Palm Beach County, Florida; and ' Parcel 2: The South 534.8 feet of Government Lot 2, Section 22, Township 45 South, Range 43 East, lying West of the Florida East Coast Railway Company's right-of-way line in the City of Boynton Beach, Palm Beach County, Florida (less the East 7' thereof). Mr. Tim Cannon, Assistant City Planner, informed the Members that the Planning Department recommended against the rezoning request. The Board had a report before them sum- marizing the Planning Department's position on this rezoning. Mr. Cannon indicated the parcel on an overlay. The parcel lies on the west side of the FEC Railroad tracks and is also adjacent to North Federal Highway. Immediately north of the property is N. E. 15th Avenue, which is a railroad crossing - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 that goes into the neighborhood west of it. On the north side of that street is Scobee-Combs Funeral Home, which is also zoned C-2. Further to the north is R-3 zoned property, most of which is vacant at this time. West of the property is a neighborhood of single family residential homes and scattered vacant lots. Mr. Cannon said most of these are maintained in fairly good condition. Immediately abutting the property to the west is a single family home and a church and church parking lot. To the south is the Boynton Canal. To the southeast, along Federal Highway is a C-4, which is a general commercial district. Across Federal Highway, to the east, is a C-3 community commercial district. The Comprehensive Plan policies relevant to this rezoning are: (1) Provide a suitable living environment in all neighborhoods. (2) Eliminate existing and potential land use conflicts. (3) Encourage the development of commercial land uses where accessibility is greatest and where impacts to residential uses are minimized. Mr. Cannon advised there is a Comprehensive Plan policy which specifically addresses residential neighborhoods in the west. It states the objective with regard to this neighborhood is the stabilization of the present population. The basis for the Land Use Act in this area is to try and encourage owners in that neighborhood to maintain their property and encourage owner-occupancy levels to prevent future deterioration. Both the C-2 and C-3 Districts are shown in the same Land Use on the Land Use Map for the Comprehensive Plan. In this case, Mr. Cannon said it is necessary to look at the intent of the two districts. Under our zoning regulations, the C-2 District intends to provide a limited number of small commercial facilities of a retail convenience nature. The ideal location for these C-2 districts is at or about the center of the neighborhood, and they are intended to serve mainly just one neighborhood. As far as the intent of the C-3 District, Mr. Cannon said the Zoning Regulations state that the C-3 District is supposed to provide for a wide range of retail commercial and services, and they are supposed to be located with easy access to three or four neighborhoods. As far as the issues concerning this rezoning, Mr. Cannon stated: (1) The effect of this rezoning on the surrounding Land Uses is this property immediately abuts a residential neighborhood. C-3 district regulations allow the construc- tion of buildings up to 45 feet. There is a question as to - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 whether this property would ever be used-for that purpose, but Mr. Cannon pointed out that the possibility is there. There are uses in the C-3 district which the Planning Depart- ment feels, if located on this property, could have an adverse affect on the residential property to the west. Some of the uses include a large drive-in restaurant, gas station, boat sales, and lumberyards, among other uses. There is a church there, and Mr. Cannon said the existence of that church precludes a gas station or bar from locating there. If some day that church was not there, Mr. Cannon said there would be nothing to prevent this type of use from locating there. (2) is whether rezoning the property would set a precedent for rezoning other C-2 zoned property. Mr. Cannon stated that definitely, rezoning this property would set a precedent for rezoning the property immediately to the north. It would also set a precedent for rezoning other C-2 districts. There are about 1/2 dozen of these districts situated on the east side of the railroad track. (3) concerns whether this would be an instance of spot zoning. Since this would be rezoning entirely for the bene- fit of one property owner and would be unrelated to the zoning of other similarly situated properties, Mr. Cannon said it would be spot zoning. In order to avoid spot zoning, it will be necessary to evaluate the zoning in the other C-2 districts along the railroad track. (4) concerns the intent of the C-2 and C-3 districts and whether the location of this property is more consistent with the intent of the C-2 or the C-3 zoning districts. This property has characteristics that could fit either the C-2 or the C-3 zoning district. It is not necessarily the geo- center of a single neighborhood. However, Mr. Cannon said it does serve a single neighborhood, as this is an entrance to a neighborhood. It would be an appropriate location for a convenience retail and services in that standpoint. Mr. Cannon advised that it does not have direct access to a major thoroughfare. The other C-3 zoned property does. How- ever, it is very close to a major thoroughfare and very visible from that thoroughfare. As far as the intent of the C-2 and C-3 districts, the loca- tion of this property is somewhat ambiguous. It does directly abut a single family residential area. In order to protect that neighborhood, Mr. Cannon advised it should be a lower density facility. That really is the controlling factor in this case. - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Mr. Cannon continued by saying this issue concerns the develop- ability of this property under the existing C-2 permitted uses. There is a survey of existing uses within 100 feet of the railroad track in the City of Boynton Beach. Mr. Cannon informed the Members this property could be developed even with that very limited range of uses permitted in a C-2 district because those types of uses already exist in the City at this kind of location. Since the City is in the process of revising its Zoning Ordinance, Mr. Cannon said there is the question of whether there are other uses which would be appropriate at this lo- cation besides those presently allowed in a C-2 district. The Planning Department's preliminary feeling is that the range of uses in a C-2 district probably is too restrictive at the present and that there are other uses that could be allowed in that district which would be fairly innocuous as long as they are limited to two stories and limited to a certain floor area. Just about any type of small retail use could be located without much detriment to an adjacent resi- dential area. Mr. Cannon summarized that there are some uses that would be detrimental to adjacent property. Secondly, there is evidence this property could be economically used, even under the existing C-2 uses. Finally, that list of C-2 uses probably will be expanded in the redrafting of the Zoning Ordinances. Mr. Harry Kirsner, Suite 905, 14 N. E. First Avenue, Miami, Florida 33132, came before the Board and reminded the Members he had been before them on the same property recently. He withdrew his application for a C-4 zoning after getting negative approval from the Board. Mr. Kirsner is trying to develop this property. About a year ago, Mr. Kirsner asked Mr. Annunziato what he thought about an M-1 industrial zone. Mr. Annunziato said, "Definitely not." Mr. Kirsner reminded the Members that his C-4 petition was for a wholesale market and was turned down by the Board. Mr. Kirsner withdrew it in front of the City Council and has recently resubmitted it for a C-3 zoning. With C-3 zoning, Mr. Kirsner said he can do a discount center, possibly like the type along 1-95 in Hallandale, the idea being clothing, shirts, suits, ladies clothing, and the type of operation that would be considered discount clothing. Mr. Kirsner could not do that under C-2, because C-2 is neighborhood uses, and discount clothing would not be a neighborhood use. Mr. Kirsner's nightmare with the property is the railroad track running along the front yard of the property. The - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 back yard is buffered from the single family uses by Kingdom Hall Church. Mr. Kirsner said he does abut a single family home. Mr. Kirsner reminded the Board that at his last hear- ing for a C-4, there were no objections. He asked if there were any objections here. Mr. Annunziato answered. "Not that I received." Mr. Kirsner reiterated that the railroad is in his front yard, going by 22 or 21 times a day. He went to the display and showed some homes that he said are expensive because there are inlets from the Intracoastal that the homes back up on. They are nice homes, and Mr. Kirsner advised that C-3 zoning abuts directly on residential use. He said his property is buffered not directly on residential homes but by the church. Mr. Kirsner showed where there is C-4 zoning on another side of the canal. He said there is C-4 zoning on both sides of the Federal Highway. Those people have it better because the railroad is in their back yard, not their front yard. The way the zoning stands, Mr. Kirsner showed a parcel where a 4 story could be built. As Mr. Cannon said, it was very unlikely for a 2 story or 3 story to be built there because of the narrowness of the property. Mr. Kirsner said it is really for a retail use, and one story is all that is really feasible. As Mr. Cannon said, Mr. Kirsner acknowledged that he could not put a bar or service station there due to the proximity to the church. Mr. Kirsner's definition of spot zoning would be if there were one spot of commercial zoning in the center of a residential neighborhood. He said this is spot zoning where he has C-4 to the south of him, C-3 to the east, and a buffer with a church between these residential uses. He showed where there was no buffer, and it could be a four story building. Mr. Kirsner scaled down his building site, put in more parking spaces, and gave a proposed site plan for the Boynton Discount Center on Federal. Mr. Kirsner did not understand the difference between one side of the Federal Highway and the other side. If someone can get C-3 zoning there, Mr. Kirsner asked why he could not get C-3. Mr. Kirsner stated that he has a harder problem with the railroad track than the people across the street. He commented that it was hard to put offices in his property because the trains rumble by five times during the business day. Mr. Kirsner has been trying to develop the property and work with mortgage lenders, and they do not feel that it is - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 really right for a neighborhood commercial use. On his previous submission to the Board, Mr. Kirsner recalled he showed the Members some of the other uses which are pointed out in this report of C-2 along the railroad track. None of them were anything to exceptionally be proud of. Mr. Kirsner told the Members the reason was not necessarily the zoning. The reason is the mortgage companies will not finance him because of the railroad track or the C-2 uses. Mr. Kirsner referred to the convenience store and liquor store across the street in the C-3 zone (Yachtman's Plaza) so there was not much need for a convenience store on the property. Chairman Ryder thought it was apparent Mr. Kirsner was asking the City to tailor the zoning classification to the particular area of land Mr. Kirsner owns, which may have some validity if there was not sufficient C-3 undeveloped area. Chairman Ryder said there is nothing to preclude this type of thing elsewhere on Federal Highway. Mr. Kirsner pointed out that Federal Highway is C-4 south of him. What Chairman Ryder was saying was that apparently, there is not a need for more C-3 area on Federal Highway. There is a good deal of it on Federal, which would cause no change in zoning. Mr. Kirsner referred to a hard time in the economy, which he thinks we are coming out of. If we are, Mr. Kirsner said these uses will be used. South of him will be a boat sales. Once they change the label to C-3, Chairman Ryder said Mr. Kirsner may be out of the picture in a short time and whoever comes in and takes over can build a 4 story structure. The possibility is there. Mr. Kirsner referred to page 3 of the report of the Planning Department and read, "Although it is unlikely that any structures exceeding two stories would ever be built on the property. . ." Chairman Ryder added, "but it is possible." Under C-2, Chairman Ryder said the city has the safeguard that nothing over 25 feet can be built there. They have to be concerned with what may happen sometime in the future. Mr. Kirsner asked what would happen if the C-3 parcel across the street gets a four story building. It is backed up directly to residential, and Mr. Kirsner is buffered by the church. Chairman Ryder answered that they are talking about Mr. Kirsner's property. Mr. Kirsner assured the Members there is no way for him to develop the property under C-2 zoning. Chairman Ryder thought the Board had pointed out to Mr. Kirsner the permissive - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 uses under C-2, so Mr. Kirsner is not precluded from doing something there with his property. Chairman Ryder pointed out that Mr. Kirsner does have recourse to different types of businesses under C-2. Mr. Annunziato, City Planner, acknowledged that there is ample opportunity to develop C-3 land on U. S. 1. To him that would mean the time is not right. The market has not seen fit to develop those properties and occupy buildings directly across the street. Mr. Annunziato commented that maybe the issue is that the land is not right for a development to serve those properties. The second issue is the City is addressing the Zoning Code, which may enhance the numbers of uses. Mr. Linkous asked Mr. Kirsner if he realized it was C-2 zoning at the time he bought the property. Mr. Kirsner knew it was C-2 zoning but he made a mistake and did not check how many times the trains go by. He reiterated that these trains go by five times during the business day. Many office uses, dentists, doctors, attorneys or even real estate brokers will not want to be there. The trains will vibrate the build- ing, and the railroad is Mr. Kirsner's problem with the propertY. Mr. Linkous informed Mr. Kirsner that he (Mr. Linkous) is involved in Sunshine Square, and they have four or five businesses that are right against the railroad. There is a theater, dress shop, two restaurants, and large department store. Mr. Linkous believed Mr. Kirsner would find they would rent in his C-2. Mr. Wandelt mentioned a doctor's office on the railroad track off 23rd Avenue. Chairman Ryder asked if anyone 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. Mr. Mauti asked Mr. Annunziato if he was familiar with the site plan Mr. Kirsner furnished for a discount center. Mr. Annunziato answered that the architect associated with this property two years ago also represents Mr. Kirsner. At that time, a site plan was proposed based on the C-2 zo~ng. That was never submitted for review or approval by the Board or city Council. Mr. Annunziato believed the preliminary submission probably related to the sale of the property. Mr. Mauti asked about the size of the building. Mr. Kirsner replied that it was three 9,000 square foot buildings along - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 the railroad track. Parking would be in front, inbetween the buildings and the railroad track. The only thing Mr. Kirsner can get financing for now is a discount center. Mr. Mauti asked if Mr. Kirsner can apply for a special use which would, more or less, restrict him to that 45 foot height and restrict him to most of the C-3 areas. Mr. Annunziato advised that our current zoning requirements do not provide for a planned commercial district. Therefore, it was his opinion that there was no way to up front determine the uses or configuration of the structures other than site plan review. Mr. Annunziato informed Mr. Mauti that Mr. Kirsner did not have a master plan avenue open to him. Mr. Annunziato advised that the problem is not with the site plan but with the use. Mr. Hester moved that the request of Boynton Discount Center on Federal for rezoning be denied. Mr. Mauti seconded the motion, and the motion carried 7-0. The request was DENIED. Annexation (2) Applicant: Request: Location: Alan Ciklin, Esq. for Carilla, Larry, and Michael Melear Annexation for a 154.36 acre tract of land located on the west side of Congress Avenue between Lake Worth Drainage Canals 9s 20 and 21. West side of Congress Avenue, west of Dos Lagos PUD, South of Meadows 300 PUD, north of Congress Lakes PUD. Legal Description: The NE 1/4 of Section 18, less the East 50.00 feet thereof and right-of-way for L.W.D.D. Canal L-20 and L-21, together with the NE 1/4 of the NE 1/4 of the NW 1/4 of said Section 18, less the right-of-way for L.W.D.D. Canal L-20. Said lands situate, lying and being in Palm Beach County, Florida. CONTAINING 155.15 acres, more or less. Also proposed by Staff for annexation is Old Boynton Road, east of Knuth Road. Legal Description of Old Boynton Road: A portion of Old Boynton Road in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particu- larly described as follows: - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 A forty (40) foot road right-of-way adjacent to the south line of Lots 31 through 38 in "Subdivision Section 19, Twp. 45 South of Range 43 East", as recorded in the Palm Beach County, Florida Official Records in Plat Book 7, Page 19, said forty (40) foot road right-of-way now being known as OLD BOYNTON ROAD, and the south twenty (20) feet of said Lots 31 through 38 deeded to said Palm Beach County for additional road right-of-way as recorded in said Official Records in official Record Book 3012, Page 1485, and the north twenty (20) feet of Lots 39, 4!0 and a portion of Lot 41 deeded to said Palm Beach County for road right-of-way as recorded in said Official Records in Official Record Book 2584, Page 1018 and Book 3652, Page 531. Land Use Amendment and Rezoninq (3) Applicant: Request: Location: Proposed Use: Alan Ciklin, Esq. for Carilla, Larry, and Melear Amendment to Future Land Use Element of the Comprehensive Plan to show annexed property as Moderate Density Residential and to re- zone from AG (Agricultural District) to Planned unit Development with a Land Use Intensity = 4.00 (PUD w/LUI = 4). West side of Congress Avenue, west of Dos Lagos PUD, south of Meadows 300 PUD, north of Congress Lakes PUD. Planned Unit Development providing for the construction of 1005 residential units and 3.1 acres of neighborhood commercial uses. Legal Description: Same as above "Legal Description". Chairman Ryder announced that one application is for annexa- tion into the City and the other is for Land Use Amendment and rezoning. Mr. Annunziato, City Planner, referred to the annexation of Old Boynton Road and said the City has done this kind of thing in the past to bring in rights-of-way where the City finds they are going to annex the property adjacent to the rights-of-way or failed to annex the rights-of-way where they were never annexed previously. Mr. Annunziato referred to a memorandum from him to the chairman and Members dated September 6, 1983, which has four or five exhibits appended to it. First, Mr. Annunziato said he would discuss in introductory form what the applicant is proposing to do, how one would get through the procedure and - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 what items are involved in the procedure, and then discuss the annexation in a form required through the Comprehensive Plan. Following that, Mr. Annunziato said he would cover the specifics of the rezoning request. From a planning point of view, Mr. Annunziato said this is probably the last and most critical piece of property adjacent to Congress Avenue, north of 22nd Avenue, which re- mains unincorporated. It forms the bridge from the high intensity use, which is located between Boynton Beach Boule- vard and 22nd Avenue North. In that area, we find the Boynton Beach Mall, Congress Lakes, Motorola, and commercially zoned lands owned by Riteco. As you go north of there, the density is decreased significantly down to 4.5, more or less. At the request of Chairman Ryder, Mr. Cannon pointed out the Melear Tract and Boynton Beach Boulevard to Congress Avenue. As you go north of there, Mr. Annunziato said you find vacant property which is south of Old Boynton Road which will probably be developed commercial or some high density land use. North of that is the Boynton Mall, development of the out parcels, and north of that is Congress Lakes. To the east of that is Motorola, which will employ approximately 5,000 people by the year 2000. North of that is a 20 acre commercial tract owned by Riteco. It is north of 22nd Avenue on the east side. From that point north, there is a reduction of density and land use intensity with the Dos Lagos PUD approximately 4~ units per acre, High Ridge Country Club with no units per acre, Boynton Lakes PUD at 4.5 units per acre, and the Meadows 300 PUD at 4.8 units per acre. With regard to the Procedure which would be followed, Mr. Annunziato referred to the Ordinances, Resolutions, and Statutes involved, which he had listed in his memo, and said they intend to follow them to the letter consistent with the Local Government Comprehensive Planning Act, as follows: 1. F.S., 163.3161, Local Government Comprehensive Planning Act; 2. F.S., 166.041, Procedures for Adoption of Ordinances and Resolutions; 3. F.S. 171.011, Municipal Annexation and Contraction Act; 4. Boynton Beach Code of Ordinances, Appendix A, Sec. 3A5(e), which is related to district boundary regulation changes; 5. Boynton Beach Ordinance 979-24, which is the Comprehensive Plan. 6. Boynton Beach Resolution ~76-X, which is the City's appli- cation of the procedure for annexation. What Mr. Annunziato did for the Members was paraphrase in a schematic form the actions that have to occur and the timing of those actions on the chart which he provided in the packet. - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 In addition, this procedure requires a public hearing with the Planning and Zoning Board and the City Council, and the Council adopts Ordinances and Resolutions that are reviewed by the City department heads for impacts upon their depart- ments and the various newspaper advertisements. With respect to the annexation, Mr. Annunziato informed the Members there are three Comprehensive Plan policies which they are obligated to address, as follows: "Annex only property which is reasonably contiguous to present municipal boundaries." The Melear property is contiguous with the present corporate limits along its entire eastern boundary (approximately 2571 feet). In addition, contiguity exists for 2774 feet on the north (Meadows 300 PUD) and 1301 feet on the south (Congress Lakes PUD). In total, the Melear tract is contiguous with existing corporate limits for approximately 60% of its entire boundary. Mr. Annunziato thought that helped to explain how important this tract is with respect to the continuation of develop- ment within the City on Congress Avenue. With regard to the second policy, Mr. Annunziato referred the Members to Exhibit "D" in their packets, which attempts to analyze that build out and the kinds of return the City could expect in ad valorem taxes. Mr. Annunziato said it then carries with it a non-quantified analysis on City departments on the cost aspect first. Mr. Annunziato called attention to the "Comments on Annexation" he prepared, which was responded to by the City department heads. Mr. Annunziato said the City also had comments on annexation from the Palm Beach County staff. Some of the non-quantified comments, which Mr. Annunziato read, were as follows: Police Dept.: "This annexation, along with all other construction planned in the northwest area of the City will impact upon man- power needs in the future. The future needs have not as yet been determined." Engineering Dept: "Administration for construction of new subdivisions increases the work load, but the direct impact of this annexation alone is not significant as far as the Engineering Department work load goes." Energy Dept.: "Developed public rights-of-way will presumably mean additional street light- - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA BUilding Dept.: Utilities Dept.: SEPTEMBER 13, 1983 ing requirements at approximately $72 per year, per light, operation and main- tenance only." "Ail annexations affect our department in the future pertaining to personnel, over- all cost, etc. as the land is developed.- "Developer will be required to furnish capital costs for utilities. One developer will not increase manpower except meter reading, ultimately requiring added men." Mr. Annunziato added that many of the impact inspection reports are not included in the proposed receipts. For example, no building permits were included in his analysis. Fire Dept.: See "Growth Fiscal Impact Analysis of Melear Planned Unit Development" attached as "Addendum 1" hereto. Recreation and Parks Dept.: See "Addendum 2" attached hereto and made a part hereof. Planning Dept.: "Billboards are to be removed within sixty (60) days of annexation.', On the benefit side, what Mr. Annunziato did was try to trans- late from proposed unit types, using commensurate values of proper~y, based upon 1982 comparable real estate assessments and millage. These ad valorem taxes proposed to be paid did not include any exemptions. Based on single family units comparable to Golfview Harbor, Mr. Annunziato advised that they arrived at total tax per year of something like $33,806, based on a total valuation of over 6-1/2 Million Dollars. For the townhouse and quadraplexes, Mr. Annunziato based the value on the townhouses of G~lfview Harbor, and arrived at something like $31,000,000 in value. The total tax would be approximately $163,000. For condominiums, using the same format, Mr. Annunziato said they were talking about approximatly $8,000,000 valuation and $40,000 in taxes. For the proposed commercial tract, using Leisureville Shopping Center, they arrived at something like $1,000,000 in land and buildings values and $5,212 in taxes. The total valuation was some $46,500,000 with a total tax of $242,000. Policy 3: "Annex only properties which are of sufficient size to pro- vide efficient service and on which urban development is anticipated.- - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 As previously stated, Mr. Annunziato said the Melear tract is approximately 155 acres in size. He added that the property is served on the east and on the north by master sized utilities for sewer and water. Based on the findings that they made in their discussion as applied to the policies of this annexation, Mr. Annunziato noted that it was apparent that Atty. Ciklin's request is consistent with the Boynton Beach Comprehensive Plan policies concerning annexation. Mr. Linkous noted 1/4 Million Dollars is being generated as taxes. It seemed to him, from the comments of the various department heads, there would be no increase of personnel. Since there are potentially 2,000 people, Mr. Linkous pointed out that they would spend a lot of money in Boynton Beach, which would be a plus. Those were the things he thought of while reading this. Mr. Annunziato agreed "in the long run." Chairman Ryder assumed the applicant was aware of the require- ments laid down by the County Engineer and what is required there for right-of-ways, Miner Road, and traffic improvements on Congress. Mr. Annunziato answered, "Yes," and added that they have had more than one conversation with Mr. Walker. Chairman Ryder asked about the recreation. With respect to the impacts of the zoning, Mr. Annunziato advised he would address those followinq the annexation. Chairman Ryder wanted to find out how Old Boynton Road got in. Mr. Annunziato informed him it is a Police issue and clarified that it is a question of who is responsible ~r policing Old Boynton Road. As it is unincorporated right now, obviously the responsibility falls to the Sheriff's Office. Because the City is going to be serving the Mall and because there will probably be more than one exit to the Mall, Mr. Annunziato said there is always the issue of try- ing to overcome confusion. He asked, "Who do you call when there is an accident at the intersection?" It has been the City's policy to annex those rights-of-ways when these instances occur. The City did not pick that up at the time the Mall was annexed. Mr. Annunziato added that the City did not use that vehicle for'the public hearings. It is the City's hope now to advertise that issue as a public hearing issue. Mr. Annunziato was sure the County would not object. He thought they would be the only ones that would be interested in objecting. - 15- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Mr. Annunziato informed the Members that the applicant is proposing that the land be zoned Planned Unit Development with a land use intensity = 4.00. The PUD provides for the construction of 1,005 units, of which 83 are proposed to be single family detached with the remaining 922 units to be 289 quadraplexes, 331 townhouses, and 302 condominiums. The gross density proposed is 6.5 units per acre. Also proposed within the PUD is a 3.1 acre commercial tract. Mr. Cannon pointed out the locations. Mr. Annunziato commented that Congress Avenue is on the right-hand side and Miner Road is across the north of the property. Other major land uses are 7.6 acres for Miner Road, 5.8 acres for the interior collector road (which will connect Congress to Miner Road), 15.1 acres for lakes (three lakes are proposed), and 4.1 acres for buffers. The current land uses and zoning were sort of related to the arguments that were conducted with respect to this property (which Mr. Annunziato guessed was about December of last year or January of this year) when Members of the Board were asked informally to discuss density on this site. Mr. Annunziato recalled that some of the issues raised by the Planning Department concerned interface of their proposal with respect to existing and proposed developments both within the City and within Palm Beach County. To remind the Board of the current land use and zoning of properties surrounding it, Mr. Annunziato said to the north, it is in Boynton Beach, zoned PUD, and is residential (Meadows 300). To the east, the jurisdiction is Boynton Beach; the zoning is PUD, and the land use is residential. The PUD is under construction. To the south, the jurisdiction is Boynton Beach; the zoning is PUD; the land use is residential, and it is proposed. Also to the south is Palm Beach County where the zoning is RS with a special exception for a mobile home park. The land use is residential (manufactured homes). To the west, the jurisdiction is Palm Beach County; the zoning is RS with a special exception for a mobile home park. The use is residential (manufactured homes). Also, to the west, the jurisdiction is Palm Beach County. The zoning is PUD; the land use is residential, and it is proposed. Future Land Use and Zoning Mr. Annunziato noted Congress Avenue has and will continue to be in an area of intensive development. The reasons for this include the availability of sewer and water utilities, increases in road capacity, the existence of large tracts of land suitable for planned development and the growth-poles of the Boynton Beach Mall and the Motorola paging products division. As Mr. Annunziato noted previously, the intensity - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 of the development peaks somewhat between Boynton Beach Boulevard and North 22nd Avenue and diminishes as you go north. To the south, there is Hunters Run, which is a PUD. North, the City has Meadows 300, a PUD which will build out at about 4.5. The Melear tract lies to the north of this intensive concen- tration and forms the bridge between a high density residen- tial PUD to the south and low density PUDs to the north and northeast. Therefore, the proposed moderate density resi- dential land use category, which the applicant is applying for, is appropriate for this'location. The Planned Unit DevelOpment with a Land USe Intensity of 4.0 is consistent with that land use and with the Palm Beach County Compre- hensive Plan future land use category for this site, subject to meeting the performance criteria for developments of this type. Concerning the tract of land proposed for commercial uses, the number of acres proposed is appropriate for a develop- ment of this size; however, the location proposed appears to violate the letter and intent of the PUD zoning regulations. Mr. Annunziato noted the location is adjacent to Congress and adjacent to the collector road, somewhat to the west of Congress Avenue. Mr. Annunziato told the Members three qualifications are suggested in the Comprehensive Standards Section of PUD regu- lations. They are: 1. "The land proposed for commercial use should serve the needs of the PUD and not the general needs of the surrounding area." 2. "The commercial tract shall be located so as to not front on a perimeter street." 3. "The commercial tract shall be preferably centrally located within the project." Mr. Annunziato referred to the following, which is quoted from that section of the PUD Code: "COMMERCIAL STANDARDS. Commercial uses located in a PUD are intended to serve the needs of the PUD and not the general needs of a surrounding area. The maximum area within a PUD which may be devoted to neighborhood commercial uses, includ- ing required off-street parking requirements, is governed by Table 1, section 4 and section 9C. Areas designated for commercial activities shall not generally front on exterior or perimeter streets, and shall be preferably centrally located within the project." - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 The location proposed for commercial uses is on the south side of the entrance road at Congress Avenue, directly across from the Dos Lagos development. This location is in apparent conflict with the three qualifying statements listed above. Mr. Annunziato stressed that this is important. He continued by saying this inconsistency is substantiated by the traffic impact analysis which demonstrates that 75% of the 3,000 anticipated trips per day are generated from out- side of the proposed PUD. Recommendation The Planning Department recommended that the applications submitted by Attorney Alan Ciklin for the Melear family for annexation and future land use amendment be approved as requested and that the rezoninqs requested be. approved sub- ject to the staff comments, as follows: Utility Dept.: (Perry Cessna, Director) "I approved the concept of the master plan subject to their providing an appropriate sized piece of land in the northwest corner of the property. This land will be approximately 250'x300' in diameter. This is to accommodate a 2 million gallon ground storage re-pump sta- tion which will be approximately 25' high with a building to house the necessary pumps, controls and would be quite similar in design, except for diameter, to the one on Woolbright Rd. and Congress Avenue." For those who followed the City's water and master plan expansion, as proposed by Russell & Axon to the City Council, Mr. Annunziato said they may recall that one of the require- ments was a 2 million gallon ground storage re-pump facility located at that location. The facility will not only serve this development but other parcels in this area. Planning Dept.: See "Addendum 3" attached hereto and made a part hereof. Mr. Annunziato stated that paragraph 2 of his memorandum will involve comments by City Manager Cheney. As part of their analysis, Mr. Annunziato said they began to realize that they are not leaving out lands for public facilities as opposed to public recreation for these developing areas. At the City Manager's request, Mr. Annunziato analyzed the number of acres of non-recreational, unincorporated lands dedicated to things like public works complexes, fire stations, office buildings, civic centers, and the like. Based on a straight line projection, using about April 1st, 1983 for economic and business research calculations, they arrived at a multiplier - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 of some 200ths of an acre per capita. When you take that figure and multiply it not by the population provided by the applicant, which is somewhat higher than the one Mr. Annunziato used, which is the person per household in the 1980 census data, Mr. Annunziato said they arrived at the conclusion that some 5 acres for public civic purposes should be required as part of this development. Mr. Annunziato advised that the City is suggesting that should be the southeast corner of the property. Mr. Annunziato informed the Board Members that the applicant and the City staff have spent a considerable number of hours with Mr. Walker and his staff to arrive at what they feel is a legitimate fair share of responsibility as to traffic in the area. Their conclusion is: (1) The applicant should dedicate and construct Miner Road, which is a County thorough- fare road adjacent to the northern property line. (2) The applicant should reimburse the County for the cost of constructing left turn lanes at the project's entrance on Congress Avenue and at Miner Road. These turn lanes will be included in Congress Avenue's four-lane project currently under contract. The County will bill the developer for this work, based on unit prices at the time of the Congress Avenue construction. Mr. Annunziato referred to a letter from Charles R. Walker, Jr., P.E., Director, Traffic Division, Department of Engineering and Public Works, Palm Beach County, dated September 6, 1983. (See "Addendum 4" attached.) Mr. Walker advised in his letter that participation amounts to $6,241.50 for each turn lane, with the total being $12,483.00. Chairman Ryder asked what happens if the development is in use and the road has not been widened. He wondered about storage lanes. Mr. Annunziato informed him the storage lanes are going to be constructed with Congress Avenue. Mr. Enrico Rossi, Engineer, was saying he wanted to back charge the applicant for the construction. Chairman Ryder asked if Congress Avenue will be along with the development of this. As to what is going on with Congress Avenue, Mr. Annunziato told the Board Members the contracts were let. Hardrives was the low bidder, and we should see Hardrives any day now continuing the construction of Congress Avenue from 2nd Avenue North to Lantana Road. Mr. Annunziato then referred to the letter from Mr. Walker, County Engineer, dated September 1, 1983, and read: "2)b) Construct right turn lanes on Congress Avenue at the project's entrance on Congress Avenue and at Miner Road. - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 These turn lanes should be constructed at the time the project's entrance road and Miner Road are built. 3) Pay the cost of signalization at the following inter- sections, when warranted, as determined by the County Engineer: a) Congress Avenue and Miner Road. b) Entrance Road and Miner Road c) Entrance Road and Congress Avenue. 4) Pay 'Fair Share Impact Fee' upon issuance of building permits." Recreation & Park Dept.: See "Addendum 5" attached hereto. Attorney Ciklin responded to the memo of Charles C. Frederick, Director, Recreation & Park Department. A copy of his letter, dated September 7, 1983 is attached hereto as "Addendum 6." Mr. Annunziato thought it would meet with Mr. Frederick's approval. If it does not, Mr. Annunziato said Mr. Frederick's comments will have to be included when this goes to Council. Before making any zoning PUD, Mr. Annunziato advised that the City Attorney has to make findings with respect to whether an adequate organization has been created to continue to maintain the private and common facilities. William Doney, Assistant City Attorney, reviewed the form documents sub- mitted by Attorney Ciklin and found them to be acceptable. In conclusion, Mr. Annunziato again recommended that the annexation go forward and that the land use and rezonings be approved, subject to staff comments. These recommendations are based on the following: 1. The parcel is contiguous to the corporate limits. 2. The parcel is in the path of urban development. 3. The request is consistent with the Comprehensive Plan policies for annexation. 4. The land use and zoning categories requested are both consistent with the land use plans and policies of Palm Beach County and Boynton Beach. 5. The requested annexation and zoning will not impair the surrounding properties in a manner that will inhibit future development. 6. The cost/benefit analysis of this request indicates that the impact of this proposal on municipal staff and pro- grams will be substantial but that the taxes realized will off-set the projected municipal expenses. Alan J. Ciklin, Attorney for the Melear family, Boose, Ciklin & Martens, 8th Floor, The Concourse, 2000 Palm Beach - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Lakes Boulevard, West Palm Beach, Florida 33409, thought Mr. Annunziato had done a great job. He stated the Melear family has owned this 155 acres for several years. Attorney Ciklin thought it was appropriate to get to some of the conditions of approval and the one issue that, unfortu- nately, they could not totally agree with. As far as moving thie commer~cial 3.1 acres in Phase 5 to Phase 3, Attorney Ciklin said they will agree to do that. Attorney Ciklin mentioned that no matter where the commercial is located in this particular facility, it will be built if the market feasibility dictates being built. If the 1,000 units within the Melear PUD determine that there is a need for the commercial, it will be built. If not, it will not be built. Attorney Ciklin assured the Board they have no prob- lems with that. Regarding the approximately 1.4 acres that Mr. Cessna has requested for the water re-pump facility in back of Phase 2, although the facility is not one they are particularly pleased with from the aesthetic quality, although it is next to their single family residential area, and although it is going to serve several other developments besides this particular pro- ject, Attorney Ciklin said they will also agree to dedicate that facility. Mr. Enrico Rossi, Project Engineer, was present, and Attorney Ciklin said Mr. Rossi had been working with Mr. Cessna. So far, they have been agreeable. Attorney Ciklin added, "and so have we." The one condi%ion Attorney Ciklin said they have difficulty with is the dedication of the five acres in the southeast corner for public facilities for a couple of reasons he guessed were obvious already. This property owner has already agreed to dedicate the 1.4 acres for the water re- pump facility which, again, will serve not only this develop- ment but several other developments in the area. Like most developers, Attorney Ciklin said they have done their fair share to do roadway improvements such as turning lanes, signalization, and traffic impact fees. Attorney Ciklin stated that they believe the 5 acres for public facilities is more than they are capable of handling. First of all the five acres (the number) is more than the major public facilities that Boynton has presently. Attorney Ciklin advised that the City Hall complex that Boynton has now is about 3.7 acres, and there is a fire station right up Congress that is about 1/2 an acre. He was sure there were others he did not know about. If the City would duplicate and then surpass what they already have, Attorney Ciklin said they believe it would reach 5 acres. - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Secondly, Attorney Ciklin conveyed that they also feel that it is not totally fair for this particular property owner to give not only 1.4 acres for a water re-pump facility that is serving other people besides themselves but also to give 5 acres that certainly will serve more than just his develop- ment. However, Attorney Ciklin said they are in a position to offer perhaps a halfway measure. Chairman Ryder asked Attorney Ciklin if he had other plans, to begin with, for that particular project. Attorney Ciklin replied that one of the problems is that they think the condo- minium area in this particular 5 acre corner that is requested, because it borders Congress, is a primary resi- dential location to them. Attorney Ciklin further stated they do not know that having a public facilities complex there or whatever it would involve is appropriate. Back there, where the water repump facility is going to be on 1.4 acres, there will be some additional area which would square this off. What they would be willing to do, Attorney Ciklin told the Board, would be to reserve that area for public purposes and if and when the City needed that for public facilities, it would be available to them for a certain period of time. Chairman Ryder asked if access would be by Miner Road. Attorney Ciklin answered that it would be either by Miner Road or through the development. Chairman Ryder asked if the major roads into the development were going to be public or private. Attorney Ciklin replied that they would be public roads. Chairman Ryder asked Attorney Ciklin if he had published the alternate for this. Attorney Ciklin answered, "Yes." He stated their alternative is to reserve the property next to the water repump facility that they already agreed to dedicate to the City. Other than that, Attorney Ciklin stated that they agree to the other conditions. Chairman Ryder suggested that between now and the meeting of the Council, they develop that more closely and actually lay it out so that all of that area would, in a sense be together and'indicate how it could be reached. In the interim, Chairman Ryder advised that the Board is obliged to go with the City Planner's recommendation. In Chairman Ryder's mind it had merit. He told Attorney Ciklin if he wants to pursue it, that would be the thing to do. So the record is straight, Mr. Annunziato thought Attorney Ciklin said he was willing to agree with all of the comments. Attorney Ciklin answered, "Yes.,' Mr. Mauti added, "With that one exception." Attorney Ciklin replied, "With all the others." - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Mr. Linkous agreed with chairman Ryder. In that they are granting land for the benefit of four big developers and the southeast corner is one of the prime pieces of property, Mr. Linkous felt it would be unfair. It seemed to him the equit- able thing to do. chairman Ryder pointed out that they had to keep in mind that this is the first instance where this is being applied. Apparently, it is not cast in concrete. Mr. Mauti recommended that they have Attorney Ciklin submit it to the City Planner in some sort of detail so the Board could get an analysis of what property and how many acres would be submitted. Mr. Annunziato's recommendation was that the Board continue to support the staff's recommendations. If the applicant has a different position, based on the comments he receives from the Board, then the applicant and city Planner should get together prior to Council. chairman Ryder agreed that between now and next week, Attorney Ciklin could submit some- thing to Mr. Annunziato so that Mr. Annunziato would be in a position to report on it to Council when Attorney Ciklin makes the request to Council. For the record and for the Board's benefit, Attorney Ciklin guessed that one of the reasons he is not too definitive about how much they have available or the exact location is because the city, in their request for 5 acres for public facilities' spaces, was particularly definitive in what that public facilities' space would be. Mr. Linkous was thinking there has been a precedent estab- lished. 1.4 acres is allocated for the tank, and it certainly will not utilize 1.4 acres, so Mr. Linkous determined they had 3.6 acres to play with. It seemed to Mr. Linkous to incorporate that in 1.4, it would eliminate some of the 5 acres, if Attorney Ciklin could sell the City on the idea. Mr. Wandelt asked Mr. Linkous if he was saying the total land should be about 5 acres. Mr. Linkous answered, "Including the 1.4 acres." Mr. Annunziato stated that his position was clear at this point. He was certainly open to accepting additional infor- mation when it becomes forthcoming. Chairman Ryder asked if anyone else wished to appear in support of the application. There was no response. Chairman Ryder asked if anyone wanted to appear in opposition to the proposed application. Peter L. Cheney, City Manager, wanted to comment on Attorney Ciklin's concerns about the proPosal for a dedication of MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 five acres of land because it is an extension of a concept which the city had been using before. It is an extension of the recreation concept. It is an item that very clearly has not been discussed by the City Council. Therefore, City Manager Cheney said when it gets to the Council, it is a part of the Annexation Agreement. Annexation is a little different from some other things we go through. City Manager Cheney said we annex with a negotiated agreement and a whole bunch of things and, in essence, with a contract. He thought it was past time for requiring this kind of dedi- cation for public services, but sometime it had to be first. City Manager Cheney thought it was the appropriate time to be first. He informed the Board that it is a big piece of land that has not heretofore been in the City, and it is asking to come into the City and receive the benefits of being in the City (to receive all of the benefits of being in the City, not just utilities, not just recreation, or Congress Avenue, but all of the benefits.) City Manager Cheney pointed out that they are coming into an existing system and existing structure that is here to serve them. Admittedly, this five acres will serve more than just them, but what they are coming into is serving them with no past funding agreement at all. It is here, ready to serve. City Manager Cheney commented that this building (City Hall) is here, ready to serve. The Fire Station and any additions to it is ready. The Police Department is ready to serve, and that is what makes this piece of land developable in the particular concept that it is. City Manager Cheney reminded the Members that the City has gone through much in the past to get Motorola and the Mall situation there. The whole total facility of the City has been put together to make that whole development out there worthwhile. A lot of the values they have in their land is a product of what has gone on beforehand. Without that having gone on beforehand, without this City having been here pre- paring that part for developments (which everybody thinks is "pretty darn good quality"), City Manager Cheney remarked that the Melears would still be raising cattle, corn, or whatever they raised. Obviously, they are not going to raise that anymore. They are picking up on their infrastructure, which has been developed for over a year. City Manager Cheney thought there was plenty of justification to require some kind of dedication. He wished the city or he had thought of doing it before. City Manager Cheney commented that they have done it in recreation, which is a major asset to the City because they are coming into an exist- ing recreation facility. That is a benefit to them and will help their sales. - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Soon after this discussion, City Manager Cheney said he will be recommending that the City consider this kind of dedica- tion either in land or in equivalent dollars, similar to recreation, for future additions to the development of the City, whether it be at subdivision time or at building per- mit time, or what have you. City Manager Cheney thought that was going to be considered and thought it could be done. City Manager Cheney said the Members may have listened to the City's budget problems this year. He advised that the City has to find additional ways to provide facilities and services. City Manager Cheney thought this was an appropri- ate one. He thought it was fair. City Manager Cheney stated he has not discussed this with Attorney Ciklin. Mr. Annunziato has been representing the City in discussing it with Attorney Ciklin. City Manager Cheney told the Board he will have no problem in discussing it further at the Council meeting but he did find totally unacceptable the alternate piece of land. City Manager Cheney remarked that it is almost as inaccessible as the golf course; but as the golf course is serving the whole County, there is some rationale for that. Congress Avenue is our major north/south service core. Obviously, one of the things the City is talking about at this location is an additional fire facility. City Manager Cheney stated that it has to be on Congress Avenue and on the north end of Congress Avenue. There is one on the south end of Congress Avenue, and City Manager Cheney said it does not make any sense to put it way out in back of the subdivision. The acreage, amount of land, and other things were, in City Manager Cheney's mind, discussable. He just wanted the record to show as far as he was concerned at the moment. When it comes to the City Council, City Manager Cheney said the City Council may turn down the whole concept PERIOD, but if they do not, City Manager Cheney said he will be much opposed to a site that is in the rear. City Manager Cheney thought they were talking about a site that is in the front. He agreed it is a valuable site. City Manager Cheney reiterated that it is a valuable site because of what the City has done to make it a valuable site. If the City was not here, doing the things it has done, City Manager asked, "Who knows what would have been there?" If we had not had the facility in the City with a City Council, a Planning Board, and all of the other things that happened, including the Chamber of Commerce, City Manager Cheney said we very likely would not have had - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Motorola at that site. If we did not have Motorola across the street, City Manager Cheney asked, "Who knows what the value would have been?" City Manager Cheney was suggesting it is valuable. A lot of that value is there because of the people who came before them. City Manager Cheney expressed that it is legitimate, fair, and equitable to expect the dedication of this site. He wanted that to be on the record, and as they discuss it in the next several days Attorney Ciklin will know what the City's positions are. Chairman Ryder said actually, what they are talking about is the City compound, and they have the water storage tank. City Manager Cheney did not like the word "compound" because "compound" suggests a place where you put all that leftover stuff. He did not think it was fair to call our public works area a compound. City Manager Cheney stated that some day the City will get that improvement for an area to make provision for a compound. City Manager Cheney was not sure what was going to go in there. For example, it may be a combination public saftey facility and a branch library, but the City has not done that. At the same time, City Manager Cheney informed the Board, the City Council has instructed him to prepare a capital improvements program for the next five years. There- fore, as a part of that process, the city will be looking at what our facility needs are and where they might be. The preservation of land opportunities has to be now. What goes there is a part of how we grow, how fast we grow, and what our whole study in capital improvement facilities will mean. Mr. Linkous felt City Manager Cheney's points were well taken. He asked if Mr. Cheney was saying that, conceivably, the five acres could be used as a fire station. City Manager Cheney was saying that is one of the uses that, for the moment, he thought was logical. He commented that it was an interest- ing question, as the City has to study the whole process. The Fire Department is doing this. Obviously, it probably means at least for paramedic facilities, and the City needs at least a quicker path for fire fighting equipment but pro- bably not a total grouping of all the plants that you have (for example, sanitation). City Manager Cheney advised that the City is not going to be able to afford those kinds of things and will have to choose very carefully. It is the City's ability and inability to afford things that has to be of concern to the City. They have to find ways to make the facilities available. Mr. Linkous' comments were strictly related to recreation. city Manager Cheney was not talking about recreation because - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 we have a process for recreation. He clarified that Mr. Frederick, Recreation Director, and he were saying that they accept their proposal for 1/2 credit of the recreational responsibilities by the recreation they are putting on site, which is all private; and they are saying that the applicant meets the obligations for general recreation. They are buy- ing into what the City already had and helping the City to improve that by the money that is going to be put in for majorwide recreation facilities. Mr. Mauti questioned whether the five acres was plus the recreational. City Manager Cheney answered, "Yes." In other words, Mr. Mauti said what City Manager Cheney is ask- ing for is a dedication of areas for public uses. In addi- tion to that, the City has recreation areas also. City Manager Cheney replied that the applicant will make a recre- ation contribution. They have an obligation, as every developer has whether it is an annexation issue or not. Every subdivider, every developer, where it is residential, in the City's Ordinances, has the requirement to make a contribution to recreation facilities either in the form of land or in the form of money. That has been going on for some time. That has nothing to do with annexation but with the Ordinance constructed with development. Mr. Mauti thought maybe, in fairness to the developer, the City ought to tell them what exactly they intend to put there in order for the developer to either buffer it or shrub it. Mr. Mauti said he would not want to buy a home behind a gas station or a fire house. City Manager Cheney pointed out that the developer apparently has no concern about sell- ing homes adjacent to commercial property and thinks they can do that quite well. They have no concerns about selling homes adjacent to a main highway. They just stated that they think they can do that quite well. Mr. Mauti stated that they still have to buffer it. City Manager Cheney informed Mr. Mauti that everything the City builds complies with every other Ordinance of the City, including buffering, landscaping, Community Appearance Board, setbacks, and the whole bit. Whatever the City does, they have the obligation to develop it and protect it from the residential, commercial, or whatever is behind us. That is a vital concern the City follows. As a matter of fact, the reason the City lost some parking spaces in the parking lot at City Hall was because the City complied with its parking regulations. He stated when the City made the spaces the right size and put in the required landscaping, which was approved by the Community Appearance Board, the City lost spaces. There was discussion about parking at City Hall. - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Chairman Ryder thought what the Members heard from City Manager Cheney would be very helpful to Council and to them as well. Motion on Annexation Mr. Linkous moved to approve the annexation of 154.36 acres, subject to staff comments, seconded by Mrs. Bond. Motion carried 7-0. Land Use Amendment and Rezoning Chairman Ryder explained that this has a zoning category by the County, and they are changing that category to one the City will recognize. Essentially, they are zoning it out of the County into the City. Chairman Ryder asked Attorney Ciklin if he had anything to say. Attorney Ciklin replied, "No." Chairman Ryder asked if anyone wished to speak in favor or in opposition to this. There was no response. Mr. Wandelt made a motion to approve the Land Use Amendment and Rezoning, subject to staff comments. The motion was seconded by Mr. Mauti and carried 7-0. THERE WAS A TEN MINUTE INTERMISSION AT 9:20 P. M. The meeting resumed at 9:30 P. M. B. Preliminary Plat (1) Project Name: Agent: Owner: Location: Description: Replat of Tracts 2 and 3, Golfview Harbour Estates Norman Michael, President Milnor Corporation Congress Avenue at S. W. 25th Place Replat of property to provide for the construction of a new unit type and modified recreation at Golfview Harbour Estates Two or three months ago, Mr. Annunziato said the Planning and Zoning Board approved the master plan modification for this replat. Because the applicant changed unit type and also requested a modification in the location of his recre- ational facility, a replat was made necessary. This was reviewed by the Technical Review Board and comes to the Planning and Zoning Board with a positive recommendation as submitted. There are no changes in utilities. - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 The applicant was not present. Mr. Linkous moved, seconded by Mr. Wandelt, to approve the preliminary plat. Motion carried 7-0. C. Site Plans (1) Project Name: Agent: Owner: Location: Description: Modification to approved site develop- ment plans for Golfview Harbour Estates Norman Michael, President Milnor Corporation Congress Avenue at S. W. 25th Place Site plan modification providing for the construction of a new unit type, substitute recreation amenities and new building facades. Legal Description: Golfview Harbour Estates, Sec. 43, Twp. 45 South, Range 43 East, as recorded in Plat Book 41, Page 111 of the records of Palm Beach County, Florida Mr. Cannon showed the location on the plat and said the modi- fications are to allow townhouse units with garages on this plat and also to allow relocation of a recreation tract from the interior to frontage on Congress Avenue. There are also modifications to the building facade. Mr. Cannon read the staff comments from the Engineering and Planning Departments. The applicant was not present. Mrs. Bond moved that the site plans with modifications be approved, subject to staff comments. Mr. Hester seconded the motion, and the motion carried 7-0. (2) Project Name: Agent: Owner: Location: Description: Legal Description: John Arnold Warehouse Building John and Elain Arnold John and Elain Arnold S. W. 14th Place Construction of a 19,079 ~ sq ft. warehouse North 102' of Lot 11, Lawson Industrial Park Chairman Ryder noted this is in the area of South Tech, east of Congress Avenue. Mr. Cannon informed the Members the site plans come to the Planning and Zoning Board with a positive recommendation, subject to staff comments. - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Mr. Cannon indicated the location of the site on the overlay and said the proposal is to build an 8900 industrial and ware- house building with eight bays. It is a one story building with a height of 17 feet. This building will be constructed so that it is up against the north property line. There will be only one entrance to the property. That will be on S. W. 14th Place. Mr. Cannon read the staff comments from the Building Depart- ment, Fire Department, Police Department, and Energy Coordi- nator. Mr. John Arnold, 798 N. W. 15th Avenue, Boca Raton, Florida 33432, owner of the property and general contractor, told the Board Members he wishes to build an industrial building on this site. In regard to the garage door in the rear of the building, Mr. Arnold said it was their suggestion to put one in there just for ventilation purposes. If it creates a problem, Mr. Arnold stated they could delete the door. Mr. Arnold advised that the building is going to be one foot south of the north property line so that their footings are on their own property. The sidewalk is shown on the survey, and it was not shown on the structural plan. Chairman Ryder remarked, "In other words, you have no quarrel with these recommendations?,, Mr. Arnold replied, "Yes I go along with the recommendations, and there is a fire hydrant on the next property line, and it is exactly 202 feet north of our property line." Mr. Arnold thought another permit had been issued on plot 9 of the same sub- division, where they are required to put in a fire hydrant because they are approximately 400 feet away from the hydrant. If they put one in at that point, Mr. Arnold said the other part of their property would be exactly 200 feet for a fire hydrant. For clarification, Mr. Annunziato advised that the sub- division regulation requirement is that no part of any building can be more than 200 feet from a hydrant (not any lot, but any building). Mr. Arnold said the fire hydrant is presently on the north side of the lot, between 13th and 12th. It is exactly 202 feet. The building is set back 15 feet from the front line, according to the COde. Again, for clarification purposes, Mr. Annunziato thought if any part of Mr. Arnold'S building is more than 200 feet from a fire hydrant, he will haVe to protect the bUilding with additional fire hydrants. - 30 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Mr. Hester moved to approve the site plans, subject to staff comments. Mr. Mauti seconded the motion, and the motion carried 7-0. (3) Project Name: Agent: Owner: Location: Description: Modification to approved site develop- ment plan for Hunter's Run Golf and Racquet Club, Tract P Charles N. Gilbert Summit Associates, Ltd. Tract P - North side of Summit Drive, east of Clubhouse Lane Modification to previously approved site development plan to provide for more villas and fewer apartments reducing the number of dwelling units from 60 to 48. To accommodate this revision, there will be a reduction in parking spaces from 88 to 58, and the density has changed from 2.72 to 2.45 dwelling units per acre. Mr. Cannon, Assistant City Planner, showed an outline of the dwelling units, a looped road going through the tract, and a lake for drainage purposes. The only staff comment was from the Utilities Department, which Mr. Cannon read. He said the purpose of this comment is to avoid the possibility that the connections would be underneath the driveways if the buildings and driveways' locations are shifted. Chairman Ryder noted that Mr. Gilbert was not present. Mr. Annunziato added that the applicant is reducing the density. Mr. Linkous moved that the modification to the site develop- ment plans be approved, subject to the staff comment. Mrs. Bond seconded the motion, and the motion carried 7-0. (4) Project Name: Owner: Agent: Location: Description: Modification to previously approved site development plan for High Ridge Nursing Home at Stanford Park Lawrence E. White Michael B. Schorah and Associates, Inc. South side of Hypoluxo Road, approxi- mately 742 feet west of intersection of High Ridge Road To provide a deletion of five (5) park- ing spaces and change on entrance drive radii to a previously approved site plan Mr. Cannon, Assistant City Planner, informed the Members it is a fairly simple site plan modification. The parking - 31 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 spaces which were referred to are going to be deleted. He indicated the location and said, in this case, the 90 degree parking will be changed to parallel parking with a loss of several spaces. He showed where several parking spaces would be eliminated and a driveway would be broadened so the turning radii would be greater in that driveway. Mr. Cannon read staff comments from the Building Department, dated September 6, 1983. Michael B. Schorah, Michael B. Schorah & Associates, Inc., 1850 Forest Hill Boulevard, Suite 205, West Palm Beach, Florida 33406 came forward to represent Mr. Lawrence E. White. Mr. Schorah had no comments with regard to the staff comments. He stated that they have obtained all the permits that Mr. Cannon mentioned with the exception of the Water Management permit, which is due any time now. Mr. Annunziato informed the Members that the foundation per- mit was issued, based on the recording of the plat. He said it is under construction. Mr. Annunziato told the Members this is a final site plan modification, so to speak, to put the finishing touches on the architectural plans. Mr. Mauti moved to approve the site plans, subject to staff comments. Mr. Hester seconded the motion, and the motion carried 7-0. (5) Project Name: Agent: Owner: Location: Description: Sunny Oaks Apartments John Pagliarulo John Pagliarulo S. E. 21st Avenue at S. E. 3rd Street Construction of a two story, eight unit rental apartment complex on a site of 34,141 square feet As some of the Members would recall, Chairman Ryder said this was presented to the Board awhile back but never proceeded beyond that point. It is on the east side of the railroad, north of 23rd Avenue. To clarify the location, Mr. Cannon showed the FEC railroad along the western boundary of the property, and S. E. 21st Avenue, which dead ends at the rail- road. To the east of the property is the unimproved right- of-way for S. E. 3rd Street. Mr. Cannon also showed where S.E. 20th Court dead ends. He indicated where the pro- posed eight units are to be located and said there is a single driveway which would serve the units. Mr. Cannon pointed out the parking spaces, maintenance and laundry building for the apartment buildings. - 32 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Mr. Cannon read the staff comments, which were rather extensive, from the Building Department, Fire Department, Engineering Department, Utilities Department, Police Department, Public Works Department, Planning Department, and the Energy Coordinator. Mr. John Pagliarulo, 1600 North Federal Highway, Suite 914, Boynton Beach, said it was close to three years since he had been before the Board. Chairman Ryder asked if the stumbling block was still a matter of access. Mr. Pagliarulo believed so. It seemed to him that the one area that still remains is the roadway. Mr. Pagliarulo wanted to comment on a few reasons why he felt the road was a burden on him, as the land owner, to go into such expense. The property is a platted piece of land, which has been on record for quite some years. It is a multiple of some small lots grouped together to allow Mr. Pagliarulo to go ahead and put eight units on there. The zoning allows for single family homes as well as duplex homes. To try to make some reasonable use out of it, Mr. Pagliarulo prefers to try and put one building and try and conserve costs. He could not decide what he would do if he decided to put a home on that property. There does not seem to be any road there which the City owns. Everybody says they need the road, but Mr. Pagliarulo said it is not there, and they want to put the burden on his shoulders now just because he wants to improve. "The Fire Department says they need access from 20th Court!", Mr. Pagliarulo exclaimed. He advised that you can- not get a fire truck down on 20th Court. It would make no sense. Chairman Ryder commented that you could get them down 20th Court but you could not get them back. He said that is the reason for the recommendation to open up 3rd Street. Mr. Pagliarulo asked if it would make any sense to come up on 21st Avenue, make a right on 3rd Street, and go to the apartments. He referred to the entrance that he shows and said he shows a positive ingress/egress for fire trucks, garbage, sanitation, and police protection. Mr. Pagliarulo really did not see why the roadway needs to be put in. Chairman Ryder was there again this morning. He went along 23rd Avenue, going east, went up 3rd Street, and stopped at 21s~ Avenue, where Mr. Pagliarulo,s property is. He told Mr. Pagliarulo there is no way you can get to it from the west because the railroad is there. Chairman Ryder commented that access is limited to begin with. He wanted to see what happened at the northerly end and had to go east on 21st Avenue almost to Federal Highway. He cut in where the Pizza Hut is, then came back on 20th Court, and came to a dead end - 33- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 again. Chairman Ryder informed Mr. Pagliarulo there is no way to get around. Mr. Pagliarulo exclaimed that Chairman Ryder was telling him he could not use his property unless he puts a road in there. Chairman Ryder replied, "That's right." He told Mr. Pagliarulo to go out there and take a look, and he would not be able to come to any other conclusion. Apparently when this property was platted and the City approved the plat, Mr. Pagliarulo pointed out that they never insisted on the roadway being approved like they do today. Now the City is burdening him with $25,000 worth of expenses to put the road in. Mr. Pagliarulo wanted to compro- mise with the City. He told the Board Members they say they need an entrance from 20th Court into his property. Mr. Pagliarulo was willing to improve the road and give the City an entrance there. He asked why the City does not share some of the burden, join forces, and connect that piece of land. Chairman Ryder replied that would not accomplish it. 3rd Street would have to be extended northward. That is what Mr. Pagliarulo was just saying. He told the Board, "Let's compromise. I'll put that piece in. I'll open up an entrance over there to allow Fire trucks to come in. Let's compromise. Let's join forces and connect that road. Why burden me?" Mr. Annunziato interrupted by saying the staff's position is very clear. He was speaking mostly for the public safety staff, who have a responsibility to serve this site. From the presentation made by staff, Mr. Annunziato said it was clear that the City cannot serve this site. If you read the intent of the section of the Zoning Code, Mr. Annunziato said it was the intent that high density develop- ments would only be permitted when you had good access and when you could accommodate good access from more than one direction. Mr. Annunziato advised that the staff's recommenda- tions are clear. If the applicant disagrees, Mr. Annunziato thought he had given his reasons. Mr. Pagliarulo commented that what they w~re really telling him is unless he agrees, he is forced to drop his planning. He told Mr. Annunziato if he decides to put a house in the middle of one of those eight lots, the City would have to deny him a building permit, yet the City causes him to pay taxes on a property and is telling him that he has to spend $25,000 or $30,000 worth of ingress or egress to put one house in the middle over there. Mr. Pagliarulo could understand the drainage, the landscaping, and moving the water line to put the fire hydrant in. He - 34 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 concurred with all of those. The ball was dropped many, many years ago, and now Mr. Pagliarulo said the City is ask- · ng him to pick it up. Chairman Ryder referred to the other applications reviewed by the Board tonight. Mr. Pagliarulo argued that they were concurring with subdivision regulations. This is a sub- division that was existing for many, many years. He is not going in there as a developer. Mr. Pagliarulo said he was here as a taxpayer owning property in town. He was not changing anything or redividing the lots. Chairman Ryder advised the problem is the property is locked in and in order to develop it, the only thing Mr. Pagliarulo can do and must do is to provide access to it and circula- tion. Mr. Mauti asked Mr. Pagliarulo when he purchased the property. Mr. Pagliarulo believed it was 1978 or 1979. Mr. Mauti asked Mr. Pagliarulo if he checked with the City Planner when he purchased the property. As far as what he could do with the property, Mr. Pagliarulo said he did. Mr. Mauti knew the property. He brought it up because he was about to purchase the property at that point in time. Mr. Mauti was told exactly the same thing that is in the staff comments and he did not purchase the property. He said he met with Mr. Annunziato, and Mr. Annunziato told him exactly what is in the staff comments. Mr. Mauti did not think Mr. Pagliarulo investigated the property properly because he had the same idea Mr. Pagliarulo had (to put duplexes on the property). It is still the same today as it was then, and Mr. Mauti felt it was the only way the Board could go. Chairman Ryder recalled this is the recommendation that was made the last time Mr Pagliarulo was here. The picture has not changed. All the Board can do is go on that basis. Mr. Kies questioned whether it made any difference if the property being used is being utilized for rentals or the owner. He brought up the point because people who rent prop- erty are all the younger people in our City. Mr. Kies did not see much rental property being approved by the Planning and Zoning Board in Boynton Beach. From a service point of view, Mr. Annunziato informed him it does not make any difference. Mr. Linkous moved to approve Sunny Oaks Apartments, subject to staff comments. Mr. Mauti seconded the motion, and the motion carried 7-0. - 35 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Mr. Phil Pagliarulo, New York, brother of John Pagliarulo, did not understand how the extension of that roadway to give the other entrance and exit into the rear portion of the property does not meet the requirements. He asked why the City was insisting upon the entire road. Chairman Ryder asked if he meant down 3rd Street. Mr. Pagliarulo answered, "Yes." Chairman Ryder said they are asking the applicant to extend 3rd Street up to 20th Court and then a short piece along 20th Court. Mr. Phil Pagliarulo went to the overlay and pointed to the entrance they have. He said the City is asking for another extension and another entrance and exit and asked why they are asking for them to put this in. Mr. Pagliarulo told the Board he would be helping to finance it if they decide to go ahead with it. He asked why the road he indicated would not suffice. Chairman Ryder informed him that the Board just pointed out that if a fire truck went in there, it could not get out. Mr. Pagliarulo showed where he could come out. Chairman Ryder said suppose the place is on fire, and he cannot go through that way. Mr. Pagliarulo indicated another place and asked, "How is he going to get to a fire from here? That doesn't make sense either. He can't fight the fire from this road. He still has to come out to the property." Mr. Phil Pagliarulo reiterated what his brother said, that they are willing to extend the road at their expense and were asking the City to share in the expense. Chairman Ryder advised there is still the matter of public circulation. When you come from the south, you have no way to go and have to go out Federal Highway to continue on 3rd Street. Mr. Pagliarulo argued that it should not be their responsibility. Chairman Ryder advised it was their responsibility if they are going to develop. He told Mr. Pagliarulo he raised a question, had gotten an answer, and the Board has already acted on it. The Board is forwarding it to Council with their approval, according to the staff comments. Mr. Phil Pagliarulo asked that it be reflected that they will and are willing to put in this section of road. (6) Project Name: Agent: Owner: Location: Description: Willowbrook at the Meadows Tract "A" of Meadows 300 PUD Julian T. Bryan, III Hasco Company S. W. Corner of Congress Avenue and Meadows Boulevard Thirty-one (31) fourplex, one-story residential units on 15.8+ acres - 36 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Mr. Cannon, Assistant Planner, informed the Board that the only modification is to make the previously approved two story quadraplex townhouses one story quadraplex townhouses. He told the Members the platted lot lines are not going to change and neither are the paving, drainage, or recreation facilities. That is really the only modification involved. Mr. Cannon read the staff comments from the Planning Depart- ment, Energy Coordinator, and Engineering Department. Mr. Annunziato reminded the Board Members that there was a previously approved site plan over this property. The only difference from the previously approved site plan is we now have a different builder involved. We have Hasco Company. The units they are proposing to build are one story as opposed to two stories. Vice Chairman Winter asked about the square footage. Mr. Annunziato answered that the square footage meets our Code requirements. Mr. Julian T. Bryan III, 127 East Enid Drive, Key Biscayne, Florida 33149 said they were approximately 1400 or 1500 square feet before. Vice Chairman Winter determined they were making smaller apartments. Mr. Bryan informed Mr. Linkous there will be a total of approximately 1384 units in Meadows 300 on 280 acres. The reason for this is one of market, and Mr. Bryan added that they find this floor plan is one that is marketable and will sell very well. They feel it makes a lot of sense, and it will be beneficial to the developer. Mr. Bryan stated that they applaud this because it will allow them, at their entry, to have one story units instead of two story units, and it sets a little better tone for the development. Mr. Linkous moved that Tract "A" of the Meadows 300 PUD be approved, subject to staff comments, seconded by Mr. Mautio Motion carried 7-0. (7) Project Name: Agent: Owner: Location: Description: Meadows 300 - Private Park Julian T. Bryan III C & H Properties, Inc. West side of Congress Avenue on Meadows Blvd. Private park on 1.86 acres with 2,000 square foot recreational screened-in building, tot lot, barbeque facilities, tennis court, and parking facilities - 37 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 When this PUD was originally approved, Mr. Annunziato said there was some recreation proposed at each development tract to serve the overall PUD. It appeared there was a need to break larger recreation tracts because, for example, people in the single family area perhaps would not be welcome to use the swimming pool, etc. in the condominium area. In order to resolve the provision of private recreation facili- ties for all residences, Mr. Annunziato said two private recreation parts were cut out of the PUD. In addition, there will be private recreation in most of the tracts, but these tracts will serve the common use. Chairman Ryder asked if that would constitute these total recreation facilities. Mr. Annunziato said there will still be recreational facilities in each development pod. Chair- man Ryder asked, "Of what nature?" For example, Mr. Annunziato said for Tract A, it was the swimming pool. Chairman Ryder asked about recreation clubhouses and that kind of thing. He asked if they are in each tract. Mr. Bryan answered, "No." He explained that there is really a two tiered association. Mr. Bryan said there is a homeowners association that will be in the individual tracts that will, in some cases, have recreation as in what they just saw. Tract A has a pool and cabana building. In some of the single family fee simple tracts, there will not be any common recreation facilities. What this does, Mr. Bryan continued, is an umbrella association will provide recreation to as many as four or five tracts. It does have a 2,000 square foot covered building. As a practical matter, Mr. Bryan clarified that he calls it a building but it is really a pavilion° It has some storage. It will not have restrooms. Chairman Ryder asked what the purpose was of that building. Mr. Bryan answered, "To provide shelter and an opportunity for people, perhaps, to have private parties." Chairman Ryder saw the plans and noted it is screened in. He asked how they could have parties with the climate we have here without air-conditioning. Mr. Bryan agreed that on certain occasions it would be difficult. He said they did a great bit of soul searching when they discussed it and felt that, alternatively, they had to deal with a serious maintenance and potential vandalism problem. When you have an enclosed building that is available to an association, especially at the price range they hoped most of the dwelling units would be at, Mr. Bryan said the extra burden that you have to pass on to that association to maintain a facility and to police it they consider inappropriate. Chairman Ryder said that would have to be done by the Homeowners' Associa- tion, and they would be out of the picture. Mr. Bryan agreed that was correct. - 38 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 Mr. Bryan said they felt that burden was something they would not want to pass on. Chairman Ryder referred to living in Leisureville and the three different clubhouses that are used extensively all year around. He did not know what they would do on a hot day if they did not have it enclosed and have air-conditioning. Chairman Ryder asked how they would do that in Mr. Bryan's place. Mr. Bryan reminded Chairman ~Ryder not to lose sight of the customer profile. Leisure- ville is obviously retired. This, on the other hand, will have many families. Mr. Bryan informed the Members it is going to have a tennis court, active tot lot, play area, and will cater to kids. He said they feel in so doing and providing an active play area for them and encouraging them to use some kind of enclosed building where they can go unsupervised is not in the best interest of the community. Mr. Bryan stated he has worked with children and children's programs. He did not care what you give them, you are going to create a maintenance and vandalism problem and policing problem if you give them a structure. If, after it is given to the Association, they feel it should be enclosed and air-conditioned, Mr. Bryan said they can do so. Mr. Linkous could see where the monthly main- tenance would be much less. He called attention to the fact they were looking at a different clientele. Chairman Ryder agreed it would be less but stated they would not have any- thing they could use. Mr. Wandelt referred to an open air pavilion at Caloosa Park, which is used all of the time. Chairman Ryder was concerned about no air-conditioning. Mr. Bryan said it would be available to the association for their assembly. He told Mr. Mauti there would be no bath- rooms. It does not have a pool and they would not propose any there. Mr. Bryan informed Chairman Ryder they have apartments, single family, zero lot line patio homes, the fourplexes the Board just saw, and some garden apartments, so there will be at least four housing complexes. Chairman Ryder determined it does not purport to be a recreation hall. Mr. Bryan agreed. Mr. Norem noted that Mr. Bryan said it contains some storage, and asked, "What type of storage?" Mr. Bryan answered, "Just an enclosed, walled in area, perhaps 100 square feet in two of the four corners, that would be a storage area where they could put folding chairs, tables, perhaps soft drinks, and recreation equipment for the kids." It did appear to Mr. Norem to be some type of assembly area. He did not know of any assembly areas that are allowed with- - 39 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1983 out restrooms. If the Building Code requires it, Mr. Bryan said obviously, they will have to be provided when it is reviewed by the Building Department. He said they would recognize tha~ and would so agree, but their present plans do not contemplate that. Mr. Bryan said it was an oversight by the architect. Mr. Annunziato was quite certain that restrooms are required because this is an assembly occupancy. He told Mr. Bryan he could rest assured that no permits will be issued without restrooms. Members of the Board were concerned because the issue of restrooms were not incorporated into the staff comments. Mr. Annunziato explained it is a Building function and when Mr. Bryan goes to get a permit, there will have to be restrooms. He said the Health Department or Building Code requires them, and they will have to have them. Mr. Bryan understood it was not action on the Board's part because it is a separate Building Department function. Mr. Cannon read the staff comments from the Fire Department, Utility Department, Police Department, Planning Department, and Energy Coordinator. Mr. Bryan concurred with all of the staff comments. Mr. Mauti moved to approve the Meadows 300 Private Park, seconded by Mr. Linkous. Motion carried 7-0. ADJOURNMENT Mr. Mauti moved, seconded by Mr. Wandelt, to adjourn. carried 7-0 and the meeting adjourned at 10:23 P. M. Motion Respectfully s~itted P~tricia Ra seye Recording Secretary (Four Tapes) - 40 - GROWTH FISCAL IMPACT ANALYSIS OF Melear Planned Unit Development il)NEW DEVELOPMENT BREAKDOWN (2) EMERGENCY (3) NONEMERGENCY PROJECTION: -existing workload data analysis-- Residential Development w/ Neighborhood Commercial Area .2 Rescue Calls/Yr .003 Invest./Yr. · 07 Fire Calls/Yr Residential Development 1005 Units 3 Acres Neighborhood Commercial Area 16} EMERGENCY {7} --projected fiscal $ 6,298.00 $ 40,690.00 $ 46,988.00 *Fire Insp's will be 3 per unit {3015) fall NONEMERGENCY impact- $ 1,780.00 $ 49.00 $ 1,829 · 00 to 2 per year for the common areas SOURCE: {1) developer proposals {2) and {3) analysis of occupancy type. {4) I X 2 (5) I X 3 {6) 4 X unit cost {see (7) 5 X unit cost (see PROJECT TOTAL EMERGENCY: $46,988.00 COST FOR BOYNTON BEACH TABLE I {4) EMERGENCY {5) NONEMERGENCY -projected workload data analysi 47 Rescue Calls/Yr 3015 Insp 26 Fire Calls/Yr 7 Invest/ Unable to determine due to inadequate in.formation during development, but will only after development complete. existing wdhkload data by Table II) Table II) FIRE/RESCUE OPERATIONS: NONEMERGENCY: $1829.00' *{will fall to $227/yr after development complete) FIRE DEPARTMENT ADDENDUM GROWTH Melear FISCAL IMPACT OF Planned Unit ANALYSIS Development EMERGENCY OR NONEMERGENCY WORKLOAD: {1) Residential Units: 47 Rescue Calls/Year 26 Fire Calls/year COMMERCIAL AREA: Unable to determine {Inadequate information, need some indication of sq. footage retail space to be built} of TOTAL WAGES AND {2) $ 6,298.00 $ 40,690.00 3015 Inspections during development {Construction Insp's} 2 Inspections /Year thereafter $ 1,780.00 $ 178.00 7 Fire Investigations/Year NOTES: HYPOTHETICAL DATA-- {3) = {2) + {1) $ 49.00 BOYNTON BEACH TABLE II SALARIES: COST PER CALL OR INSPECTION: (3) $ 134/call $ 1565/call 89/Inspection 7/Investigation FIRE DEPARTMENT MEMORANDUM TO: Mr. Carmen Annunziato City Planner DATE: RE: Melear Annexation - Departmental Review August 26, 1983 The overall~growth projections of the N.W. Congress Avenue corridor will have significant impact upon park and recreation services and facilities. The annexation of this property will strengthen this impact, as 1,005 additional units will translate into over 2,000 people. While this development and others already approved for development do include some private recreation facilities, they generally do not include facilities such as lighted athletic fields, auditoriums, public beaches, boat ramps, major recreation centers, Or programs such as youth and adult athletic leagues, day camps, playgrounds, and a multitude of other instructional and social programs offered by this department. The development of Motorola and the Boynton Mall will create a family- oriented population increase which will place greater demands on the above mentioned facilities. The nature of the overall N.W. section expansion will require the continual provision of capital outlay funds, along with. operational funds to provide for personnel, materials, and maintenance. CCF:as Attachment CC: John Wildner, Park Supt. Charles C. Frederick Recreation & Park Director ADDENDUM 2 MEMORANDUM 7 September 1983 TO: FROM: RE: File 'C~rmen S. Annunziato, City Planner Ciklin Rezoning/Melear PUD Rezoning of this property is recommended subject to comments as follows: relocate proposed commercial tract to the area shown as Phase 3 on the master plan; e dedicate acreage in southeast corner of the proposed PUD for public purposes; dedicate all lands required for public improve- ments within sixty (60) days of rezoning of this property to PUD; and prepare an agreement to comply with required traffic improvements as noted in Mr. Walker's letter of September 1, 1983 (attached) prior to the City Council requesting a waiver to Palm Beach County zoning and subdivision require- ments. /bks City Planner ADDENDUM 3 Board of County Commissioners Peggy B. Evatt, Chairman Ken Spillias, Vice Chairman Dennis P. Koehler Dorothy Wilken Bill Bailey September~ 6, 1983%ime County Administrator John C. Sansbury Department of Engineering and PubJic Works H. F. Kahtert County Engineer Mr. Carmen S, Annunziato City Planner City of. Boynton.Beach 120 N. E. 2nd .Avenue' Boynton Beach, FL '33435 SUBJECT: LeftiTurn-~Lanes on Congress.Ave, to serve the Proposed Melear, P,U~D. Dear Mr. Annunziato: This office has established, based on unit prices, the cost-to the developer for constructing left turn lanes on Congress Avenue to serve'Miner Road and the project's entrance road. These turn lanes will be constructed-as a part of the Congress Ave. 4 laning project. A typical cost breakdown for con- structing each of these turn lanes is as follows: Type S Asphalt 2" thick - 400 S.Y. @ '$3.-~ ~..Y. = $1,336.00 Shell Base - 400 S.Y. @ $3.65 S.~'. . = 1,460.00 6' Concrete Traffic Seperator - 150 L.F. @$12.65 L.Fi 1,897.00 Curb & Gutter Type F 360 LiF. @ $4.30 L.F. 1,548.00 Total $6,241.50 This amount represents the cost for each turn lane, with the total amount due to the County from the developer being $12,483.00. As agreed, this sum is to be paid to the County prior to the issuance of this project's first building permit. If you have any questions or require additional information, please do not hesitate to contact this office. Sincerely, OFFICE OF THE COUNTY ENGINEER Charles R. Walker, Jr., ?.E. Director, Traffic Division CRW:ASH:ct ADDENDUM 4 cc: Alan Ciklin BOX 2429 WEST PALM BEACH, FLORIDA 33402 (305) 684-4000 MEMORANDUM September 7, 1983 TO: Carmen Annunziato, City Planner RE: Metear P.U.D. Based on our T.R.B. meeting of September 6th, Melear.representatives are to p~ovide written documentation to include: List of specific recreational facilities to be provided, including size and/or number of each facility. e Provide adequate written guarantee that each phase of development will include adequate space and facilities for private recreation based on sub-division regulations. (These are in addition to the common facilities as presented at the T.R.B. meeting.) A~ssuming that written documents submitted are adequate and proper¥ recommend one-half (~) credit be given for public.land dedication and that the fee in lieu of land be required. ~Based on the proposed units: .018 x 83 units = 1.49 Acres .015 x 922 units = 13.83 Acres Land dedication requirement .... 15.32 Acres One-half'credit for adequate private recreation facilities reduces the requirement to 7.66 acres to be provided in equivalent dollars. Charles C. Frederick, Director Recreation & Park Department CCF:pb CC: John Wildner, Parks Supt. ADDENDUM 5 CIIIE[LII[ LI3LU C) 1:1C( 5 7 September 1983 Mr. Carmen Annunziato City Planner City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-8310 WILLIAM R. BOOSE, III ALAN J. CIKLIN, P.A. ANNI W. COLLETTE STEPHEN FRY RICHARD L. MARTENS, P.A. KERRY R. SCHWENCKE CORY J. CIKLIN Re: Melear PUD Dear Carmen: Per Mr. Frederick's request at the pre-hearing meeting, the following is the breakdown of the r.ecreational facilities we propose: I. Breakdown of recreational facilities 3 acres accessable to all residents: 1. Pool (42 X 75') 2. Rec. Bldg/Meeting Hall 3. Picnic Area 4. Childrens Play Area 5. Playfield 6. Tennis Courts (4) .25 AC .20 A~ .25 AC .25 AC 1.30 AC 3.OO AC II. With exception of single family, development Pod areas will have private recreational facilities. Included in each area will be one or more of the following uses: 1. Tennis Courts 2. Racquetball Courts 3. Shuffleboard 4. Pool 5. Jogging Trails 6. Quiet Areas 7. Horseshoe Pits 8. Volley Ball Per your request, and on behalf of the Melear family, we agree that the recreational facilities set forth herein will be inCluded within the Melear PUD, as indicated. More importantly, and as confirmation of our pledge, marketing of the individual phases will require us to provide recreational facilities besides those being made accessible to all residents. ADDENDUM 6 FLOOR · TI-I~ CO~ICOURS6-2000 PALM Bf--ACH LAKES BLVD. LU~ST PALM BEACH. FLORIDA · 33409 - [305] 689-9595 TLU~ 510-952-7646 Mr. Carmen Annunziato 7 September 1983 Page Two If you or any of the Department members have any questiosn about the recreational facilities, please don't hesitate to call either me or Ron Hoggard. Thank you for your cooperation. AJC/ag CCS · Larry Melear Ron Hoggard