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Minutes 08-09-83MINUTES OF THE PLANNING AND ZONING ~OARD MEETING HELD AT CITY HALL, BOYNTON BEACH, ELORIDA, TUESDAY, AUGUST 9, 1983 AT 7:30 P. M. PRESENT: Simon Ryder, Chairman Garry Winter, Vice Chairman Liltian Bodd Ronald Linkous Caesar Mauti Robert Wandelt Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner ABSENT Ezell Hester (Excused) Walter Kies, Alternate (Excused) Stormet Norem, Alternate (Excused) ACKNOWLEDGMENT OF MEMBERS 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 acknowledged the presence of Vice Mayor Carl Zimmerman, Councilman Joe deLong; Sam Scheiner, Vice Chamrman of the Community Redevelopment Agency; Owen Anderson, Executive Vice President, Chamber of Commerce; James Rhoden, Fire Chief, and William Cavanaugh, Fire Inspector. MINUTES OF JULY 12, 1983 A motion was made. by Mrs. Bond, seconded by Mr. Linkous, that the Minutes of July 12, 1983 be accepted as presented. Motion carried 3-0, with Chairman Ryder, Vice Chairman Winter, and Mr. Mauti abstaining from voting as they were not presen~ at the July 12 meeting. ANNOUNCEMENTS None. COMMUNICATIONS Chairman Ryder read a letter from Gary Duchane, Reporter, expressing sincere thanks to the Members and telling them he is leaving the Boynton Beach News Journal. He stated that he hopes the people he meets are as open, honest, helpful, and kind as the individuals he met in Boynton Beach. OLD BUSINESS MINUTES OF WORK~HOP MEETING OF JUNE 29, 1983 MINUTES OF WORKSHOP MEETING OF JULY 28, 1983 Mr. Linkous moved that the Minutes of the preceding Workshop Meetings be adopted, seconded by Mrs. Bond. Motion carried 6-0. MINUTES - PLANNING.AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 At the la.st~ Workshop Meeting, Chairman Ryder said'they covered the Uses with staff'members. He announced that they would have a final Workshop~Meeting on the Environmental Review phase of the proposed regulations at 3:30 P. M., August 22, 1983 in the Conference Room of the Building, Planning, and Engineering build- ing. Chairman Ryder~ informed the Members that it fs the building on Seacrest Avenue. NEW BUSINESS PUBLIC HEARINGS Rezoninq Project Name: Agent: Owner: Request: Location: Description: LEGAL: Yachtman's Cove Carmen S. Annunziato Hovis L~ Westberry Rezone from C-3, Community Commercial to R1AA Single Family Residential N. E. 15th Place, East of U. S. 1 Residential development providing for the construc- tion of a single family detached unit That portion of Lot 18, Yachtman's Cove, as recorded in Plat Bk. 31, Page 225, lying within 300' as measured normal and parallel to E r/w line of State Road 5, containing approx. .14 acres~ Palm Beach County Official Records Mr. Carmen Annunziato, City Plaaner, thought the overlay explained the action before the Board. The problem was brought to the attention of the City Council by the residents of Yachtman's Cove. When the property was platted, 1/2 of Lot 18 w~s put into the C-3 Community Commercial District and 1/2 was put'.in the R1AA Single Family Residential. As it currently exists, split like that~ the lot cannot be developed under either zoning category.. To permit the extension of the C-3 eastward to the remainder of Lot 18 would be an encroachment into the R-1AA zone. Being the applicant for the City of Boynton Beach, Mr. Annunziato's recommendation was that a portion of Lot I8 be zoned R-1AA and the Land Use Element Of the Comprehensive Plan be modified to reflect a Moderate Density Residential classifieation and that this action be approved. Mr. Annunziato referred to the following three issues, which were pointed out in his report: 1. What was the intended use of the property in question at the time of platting? It was platted for single- family purposes. 2-. Is the property physically developable under the present C-3 zoning? No. 3~.. WO~ld development of the property for C-3 uses have an adverse impact - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 .on surrounding residential uses? By moving the zoning line Eastward, Mr. Annunziato thought it would negatively impact on the remainder of the single family lots in Yachtman's Cove. Chairman Ryder recalled that the retail development just to the west that fronts' on U. S. 1 put a wall up when that was constructed. Mr. Annunziato believed the wall that was constructed is somewhere mn the middle of Lot 18. Mr..Ma~ti was informed Hovis Westberry owns Lot 18. Mr. Cannon showed the location of the Wall. In the event this ms approved for residential, Chairman Ryder felt the 'walt would be needed as a b~ffer. In this instance, Mr. Annunziato~thought the commercial property was developed. It would be up to him whether he wanted a wall. Mr. Linkous commented that he ~thought they were just trying to correct an error. Chairman Ryder asked if anyone wished to.speak in favor of the proposed rezoning. There was no response. He asked if anyone .wished to speak in opposition to the proposed rezoning. There was no response. THE PUBLIC HEARING WAS CLOSED. Mr. MaUti was informed that the lot was platted with the sub- division. It looked to him like it might have been a continuation of N~ E. 15th. Mr. Annunziato disagreed, saying the plan was relatively recent (1975), and it was not platted as a street. He showed the-Members a copy of the plat. Mr. Linkous moved to grant t~he rezoning request from C-3, Community Commercial to RtAA Single Family ReSidential. Wandelt seconded the mot~ion, and~the motion carried 6-0. Mr. Conditional Use Project Name: Agent: Owner: Request: Location: Legal: Bayflite Marine, Inc. Digby C. Bridges Jane C. Kreusler Zoned C-4, to be considered for conditional use to allow retail, new boat sales 1406 N. Federal Highway N. 150.'00/' of Lot A, Plat of Harbor Estates, as in Plat Book 21, Page 98, Publfc Records of Palm Beach County Mr. Tim Cannon, Assistant City Planner, said the application came with a~positive recommendation from the Technical Review Board, subject to staff comments. He informed the Members it is an application to utilize the .65 acre parcel of land for boat sales. The site is on the east side of Federal Highway and lies immediately south of the Boynton Canal. The Boynton Canal runs along the north side of North Road. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 Presently, there is a derelict car wash on the site and some broken up. pa~ing. The applica~nt proposes to fence in the entire property, add to existing-4paving,~and renovate the bUilding. Parking provided at the location confQrms to the current Code. Mr. Cannon advised that the concrete aprons on Federal Highway would be removed and the sidewalk rebuilt. "Entrance'to the site will be on North Road. There wilt be a 6<~fo~,high, CBS concrete wall built along the east side of the property that wiI1 block off the existing asphalt drive. The asphalt drive will be broken-up and removed. Mr. Cannon indicated an area that will be filled with gravel and said it will be used for boat storage. He read the staff comments as follows: Engineering Dept.: (Tom Clark). "Drainage'calculations should be revised to show that 2.70 inChes of rainfall in one hour (not 1" of runoff)will be contained on site~ In other words, all the water from a three year~' storm must be contained on site." Public Works Dept: "Notify Department before pouring du~pster pad." Chairman Ryder noted the existing curb cuts' on Federal Highway are to be removed. He asked .if that meant there will not be any access from Federal Highway~ Mr. 'Cannon replied that the only access will be through a gate that leads out of North Road. Mr. Annunziato tol(t the Members that the applicant has petitioned to be re'ill'ed from,%herequirement for sidewalks. The Technical Review B~dlis amenable to this request~because there is not enough right-of=way on North Road or-West Road to provide for sidewalks. There is something like 20 feet of right-of-way in each of these streets, and it is practically all occupied by pavement. Chairman Ryder ascertained that the applicant was asking to eliminate all of the sidewalk' on North Road and all of the Sidewalk on West Road. Mr. Linkous pointed out that it is Practically all black topped to the s~reet anyway, So it is a built-in sidewalk. Digby C.~ Bridges, AIA, ARIBA, NCARB, Digby Bridges & Associates, P.A., Architects and Planners, 124 N~ E. 5th Avenue, Delray Beach, Florida 33444 referred to the sidewalk issue and advised that the full width was to'.;be asphalted completely today. Right next to the roadway, they have put in plantings with a hedge to hide the chain link fence. They are putting in a brand new chain link fence. There is a six foot high concrete stucco wall to the east to match the colors of the building. Mr. Bridges was aware of the comments by the Technical Review Board and accepted them. He remarked that %hey have. to do a little bit more drainage design. Mr. Bridges-felt that'his client was upgrading the site, as it is an eyesore now. He thought.it would be much nicer for the people in 'that neighborhood to have this-there. It ms a 'bit more luxury than a car sales", and the traffic generated around there will be minimal. Chairman Ryder thought eliminating the curb cuts on Federal Highway MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 was a distinct improvement. Robert Constant,-1407 Dale Lane, Dei~ay Beach, represented~the owners that bought the fronts to Coquina Cove and Yachtman!-s, Cove several years ago. Mr. Constant./has sold. real estate in this area for ten years and when he sold their properties, they were very concerned about this location. AS Mr, Bridges'pointed out, it has been derelict, abandoned, 'and a numsance. It has been.:an eyesore. When Mr. Constant s01d the properties across the canal, they were concerned about that' site, as it was a detriment, but they developed and bought~ Mr. Constant spoke to Har~y Kirsner, who owns the vacant section to Coquin~ Cove, about this proposition. Mr. Kirsner ~of Miami is in favor of it. Mr. Ton'y Velardo, in. New York City on business,was also very much in favor of the property being turned around. As no one else wished to speak in favor of this request for rezoning,~ Chairman Ryder asked if anyone wished to speak in opposition. Mr. Sal~atore Tranq01o, 815 South Road, a Member of the Board of t~e~ NOrth and South Road Homeowners Association, was speaking for them and said .~heY do not object to the boat sales being located there. They are in favor of it except for a few things that border North Road. Mr. Trantolo said they object to the enmrance being on North Road. They feel the entrance should be on Federal like every- one else because this ms a business, and they are residential. With reference to %he.chain link fence, Mr. TrantO~o said it would have to be enhanced by nice shrubbery. They were concerned about what kind of hedges would be put there. Mr. Trantolo further informed the Members that they want the wall to conform with the same wall that is in back of the car wash. Mr. Annunziato explained ~hat this wall is to be constructed consistent with current requirements, beautified on both sides, stuccoed,.~p~in%ed~.~and lan'dsc~ped. The ~all to the south is concrete slab. Mr. Cannon indicated the location of another car wash and a wall which extends along the eastern property line. Elizabeth Hermans'on, 622 South Road, lives i~ back of the new car wash. She has lived there for 12 years and wanted to be sure what they put there will enhance the area. She felt North Road was very narrow for an entrance and could not see why it cannot be along Federai Highway. Mrs. Hermanson was here to protect their interests. She' said it iS commercial, ~and the entrance would be going into waterfront property. They are very concerned about it. Mrs. Hermanson added that she wen~ along with the facn that it is a bless- ing they are coming in. Chairman Ryder recognized the presence of Councilman Samuel Lamar Wright in the audience. - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 Mr. Wandelt was advised that South Road comes behind the property. There is a road to the north of the ~property and to the east of this property. Mr. Fred A. Lenz, 620 North Road, BoyntQn Beach, lives on the property directly east of the project. He did not care what kind of walls there were as. long as there was a wall. Mr. Lenz objected to the entrance being on North Road. He agreed with Mrs. Hermanson that there could be traffic congestion in the front, causing accidents, and that would cause a problem. ~Mr. Trantolo inquired how much footage there is on North Road between that fence and North Road.because the canal is on the other side of the road~ M~. Annunziato answered that the public width of North Road (dedicated right-of-way~, i~ 20-feet. ~T~e ca~a~_irig~t- ~f-way>is-beyond~the road. Mr. Annunziato said there is probably 40 feet of earth betWeen to the canal. Concerning the entrance on North Road, the site is designed consistent wzth our Codes, Mr. Annunziato told the Members. At an intersection with Federal Highway, you have to have 180 feet minimum between a curb cut and an intersection of right-of-way. The applicant does not have 180 feet and, therefore, would.be precluded from having his · curb cuts on Federal Highway. ~ Secondly, under any circumstances, Mr. Annunziato did not think access to North Road could be denied. It is ~a corner property. The applicant has access rights to North Road and is taking advantage of that. To deny that.kind of access would be to take away a right that this property enjoys. Mr. Annunziato did not think they could do that. If he had no access on North Road, he would have to have access on the Federal Highway. Mr. Mauti suggested that perhaps the entrance could be widened. Mr. Bridges told the Members that they are not large boats and they can be manuevered easily with 25 feet. These are travel boats to go behind cars, up driveways, in garages, enc. Mr. Mauti would much rather see the entrance on North Road providing they could make the entranceway 30 feet Chairman Ryder referred to the wall. Mr. Annunziato explained that the wall to the south does not meet current Code requirements. Current Code requirements call for a solid, decorative, masonry wall to set back somewhat from the property line. They defined decorative by stucco and painted. Mr. Annunziato thought this wall would be much more attractive. The maintenance redevelopment has to meet current Codes for land- scaping and other things adjacent to all of the publicly dedicated right-of-ways. Mr. Annunziato said this has access on three sides. The applicant will have a 36 inch hedge with one ~ree about every 40 feet.. On the south side, the hedge will be 18 inches with a tree every 40 feet. Mr. Annunziato added that there will be interior landscaping adjacent to the parking lot. - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 As no one else wished to speak in opposition, THE PUBLIC HEARING WAS CLOSED. Mr. Mauti moved to approve the request, subject to staff comments, and subject to widening the gate from 25 feet to 30 feet. Mrs. Bond seconded the motion, and the motion carried 6-0. SITE PLANS Project Name: Agent: Location: Legal: Descrmption: Boynton Beach Shopping Center Harvey Taylor, Architect Peabody & Childs Architects, Inc. Congress Avenue, south of First American Bank Boynton Beach Mall Parcel #3, being a tract of land located in Sec. 19, Twp. 45 South, Rge. 43 East, County of Palm Beach, Florida Construction of a shopping center on a 6.45+ acre site Chairman Ryder commented that this location is directly on the west side of Congress Avenue and immediately south of the present small bank building that is there below the canal. The DeBartolo Mall ms several hundred feet west of Congress Avenue. T~is involves frontage on the west side of Congress Avenue. Mr. Cannon, Assistant City Planner, said the site plan came with a positive recommendation from the Technical Review Board, subject to staff comments. The proposal is to construct a 76,940 square foot shopping center which would be located on a 6.45 acre site abutting the Boynton Beach Mall. Mr. Cannon showed the location on the overlay and said immediately to the west is a retention pond for the Mall and this parcel. Mr. Cannon showed the entrance roads, ,~secondary roads, and the parking both in back and i.n front of the shopping center. A 5,000 square foot will be in the northeastern part of the parcel. Mr. Cannon indicated the three sections of the main building which will be used for retail, restaurants, offices, and a health club. Water wilt come from a 16 foot water main on Congress Avenue and loop around to the rear. The sewer would also loop around to the rear and connect to a ten inch sewer main. Mr. Cannon read the staff comments as follows: Building Dept. (Bert Keehr) "1. Board of Health permitwill be required. 2. Hotel and Restaurant c~n~nission registration number will be required. 3. Parking stalls require double line striping. 4. Sidewalks to go through driveways.' Police Dept. 'Place Stop Signs at Exits." Utility Dept. S6~.attached (Memo dated 8/2/83 from Perry Cessna) - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 Public Wotk~ Dept.: "Notify Department before pouring dumpster pad." Mr. Linkous questionedwhether the 76,490 was total floor area, meaning an upstairs and downstairs. Mr. Cannon replied that it is total floor area. Part of the main building will be two stories. Chairman Ryder acknowledged the presence of Mayor James R. Warnke in the audience. Chairman Ryder determined that there are no curb cuts between the north and south entrances to the.Mall. Mark Weiner, Peabody & Childs Architects Inc., 440 E. Sample Road, Suite 100, Pompano Beach, Florida 33064, stated that they had no problems with any of the staff comments and were willing to work along with anything staff advised. He told Chairman Ryder they have no problem with the comment by the Director of Utilities. Mr. Weiner said they have a 7,500 square foot health club, which would be on the second floor over the retail areas. There is about 8,000 or 9,000 square feet of office space above that. The remainder will be on the ground level. ~. Weiner advised Mr. Linkous that the client is talking to two or three restaurant operators. They are talking about a total of 10~,000 or 11,000 square feet of restaurants~ Mr. Annunziato commented that the Parking Ordinance is fully in effect here. Parking is separated from the front of the buildings by a fire lane. The applicant has met and exceeded the Landseape Code. Mr. Weiner informed Chairman Ryder that the buildings are primarily one story. There are elevations that have been submitted. There is a health club over the separation between the north and center building. Mrs. Bond moved that the site plan of Boynton Beach Shopping Center be approved, subject to staff comments. Mr. Linkous seconded the motion, and the motion carried 6-0. Project Name: Agent: Owner: Location: Description: 'The Storage Place - Modified Site Plan James L. O'Connor James L. O'Connor 3660 South Congress Avenue To provide for a 13~600 sq. ft. addition to a previously approved Storage Place site plan Mr. Tim Cannon, Assistant City Planner, said the modified site plan came to the Board with a positive recommendation from the Technical Review Board, subject to staff comments. He said the proposal is for a t3,600 square foot addition to an existing 20,000 square foot building located on Congress Avenue and Neptune Drive. Mr. Cannon informed Chairman Ryder there are no entrances on Congress Avenue. They are located on Neptune Drive, and he showed the two entrances on the overlay. _ 8_ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 Several years ago, this proposal was approved but the approval had lapsed. In order ~to bring the site up no the currenn Code, Mr. Cannon told the Board that the Planning Department requested that the site plan be resubmitted. The applicant has to bring the park- ing lot up to current Code and also has to bring the landscaping up to current Code. He read the staff comments as follows: Fire Dept.~: 'Add one fire hydrant at thesouthwest corner of the property. However, there was an amended memorandum, as follows: Fire Dept ~: (James Rhoden, Fire Chief) "Fire hydrant for The Storage Place will be provided only if Mr. O'Connor is required to extend the water line on the West side of property." Mr. Cannon said Mr. O'Connor is to extend the water line down along Congress Avenue. Then fire hydrants, in that case, would 'have to be provided south of the property. Utilities Dept.: "Please be advised that the developer must extend the 8" water (Perry A. Cessna, line at Neptune Avenue southward along Congress Avenue, to Director of the South'property limit, with a fire hydrant an or near the Utilities) end of the line per Fire Department regulations andper Environmental Control Rule II." Mr. James L. O'Connor, 3250 South Ocean Boulevard, Palm Beach, Florida 33480, said the issue was whether the 8 inch line must be extended down from Congress Avenue. This identical site plan was submitted two years ago, was approved by the Planning and Zoning Board, Council, the Building Department, and the building permit was ready to be issued. Because of recession, Mr. O'Connor said they decided not to build. They have now decided to build and have resubmitted the identical site plan. The only new thing now is that the Utilities Department has injected for the first time the question of extending the 8 inch line. Mr. O'Connor noted that Mr. Cessna has cited the Environmental Control Rule II, which provides that any new development or construction connecting to an off-site water main shall provide an extension of that water main along the public right-of-way or utility easements which adjoin or border the project. Mr. O'Connor advised that this construction is not connecting into any mamn an all. It did four years ago, when they first built the project, and that question was addressed at that time and decided at that time. Mr. O'Connor stated that this application, by itself, is not a construction connecting to an off-site water main so he did not think the reference required the extension. Mr. O'Connor thought the real question was whether it should have been required four years ago when they first built on the site. Mr. Perry Cessna, Director of Utilities, advised Mr. O'Connor he had no recollection of having addressed the problem at that time, Mr. O'Connor told the Members of the Board. _ 9 _ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 When they originally came in, among the comments that were made by staff were two, one of which 'was the comment that there should be a fire hydrant at the southwest corner and ~hat it should be serviced by that eight inch line coming down Congress. Mr. O'Connor added that the eight inch line which comes down Congress from the north stops oh the north.side of Neptune, across the street from him. It then goes eas~ as, Mr. O'Connor believed, a six inch line. The site plan which was originally approved four years ago provided for a connection across Neptune into that six inch line. The discussions resulting from the comment about the extension of the eight inch line were withdrawn. Mr. O'Connor said the point is, the City accepted his site plan which provided for the connection across Neptune, which is what was eventually done. Mr. O'Connor could not tell what the reason was for not requiring the extension of the 8 inch line at that time. He recalled another comment at the time which required them to deed in fee to the County the 7 foot strip along the west border of their property and to put on it a bike path. Mr. O'Connor told the Board Members they did that. At that point, they no longer abutted the right-of-way along Congress. The Envmronmental Control Rule has nwo requmremen~s: (1) you must be connecting into a water line~ and (2) you mus~ be abutting the right-of-way. Mr. O'Connor thought to come along now, four years later, on an application, which application by itself is not hook- ing into a water main, does not trigger this. To try and reverse a finding made four years ago, Mr. O'Connor thought was wrong and should not be done. Mr. O'Connor told the Members the applicant has already gonq to the expense of going across Neptune and hooking into that smx inch line. If they now have to extend that eight inch line down there, they will have to come across Neptune a second time. Chairman Ryder asked why. Mr. O'Connor answered that they tapped into the N~pnune line, which was already there. They crossed the street and tapped inno the 6 inch line. Mr. O'Connor advised there ms no questmon of its sufficiency. Mr. O'Connor repeated that the point is they were granted a build- ing permit, a certificate of occupancy, and it was approved by everybody on the theory that they would cut across Neptune, and they went to that expense and did it. Chairman Ryder asked if the point was that they are not going to tap into this extension as they already have service, or would they be using this extension. Mr. O'Connor answered, "No~ We don't need itl" He said they have their water and are fine. They are asking to expand their building, which has nothing to do with the wa~er main. Mr. O Connor pointed out that the comment is an attempt to raise Rule ii, which pertains only to construction connecting to an off-'site water main. Chairman Ryder asked if it was a major problem, as far as Mr. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 O'Connor was concerned. Mr. O'Connor replied, ',On~.~, yes[" He informed the Members that it is a very expensive project, as it is 300 feet along there, and they would also have to cut through Nepnune. Mr. O'ConnOr emphasiZed that 'he would have to cut through Neptune ~.-second~time~amd"run it all the way down to this corner of the property. He added that he was not using this water anyway. Mr. Cessna was not present, and Chamrman Ryder did not see how the Board could ignore his recommendation. He advised that the Board would have. to take acnion in accordance with. the direction of Mr. Perry Cessna, Director of~Utilities. Mr, Linkous wondered if Fire Chief Rhoden. Should-have input into this~ When it goes to Council, Chairman Ryder thought both the Director of Utilities and the Fire Chief would be there,-and they could both help enlighten the Council in'the matter. Mr. Wandelt questioned why it would be required now and non four years ago. Chairman Ryder though~ Mr. Cessna, Director of UtiLities, would have to answer that question. Mr. A~nunziato agreed with Chairman Ryder. He said it was a quesqion that should be directed no the Director of. Utilitmes, the Fire Chief, and the City Attorney. In our s.ystem~ Mr. Annunziato informed the Members, there is nothing to prevent the additzon of commenqs at the time of an expansion of a building. He thought that was probably in the light the Planning and Zoning BOard and~the Council ~would addreSs this. Mr. -~nnunziato.~said~tlhere may be some t~ch~ical reasons why Environmental Control Rule II may or may not apply. He thought those should be addressed to o~r legal staff and that they probably will be. Mr. Wandelt asked, "What about Mr. O'Connor's comment that he does not use this line and won't be connecting into it?" Mr. Annunziato said-"Using" is an interesting word. If a fire hydrant is installed at the corner of his bulling, he will ~have additional protection. Mr. O[Connor pointed out that it-is a fully sprinkled building, and there is no requirement for' the fire hydrant by itself. If he has 'to'go.to the expense of putting an 8 inch line all the way down there, he does'not mind putting a hydrant down there, but there is no requirement for it by itself. Mr. Wandelt moved to approve the-modified s~te plan, subject to staff comments. Mr. Linkous seconded the motion, and the motion carried 6-0. Project Name,: Agent: Owner: Location: Description: Gould~Pl.aStics~ Richard C. Ahrens George Gould 1580 High Ridge Road Provide for the construction Of a 9,600 sq. ft. addition to. an existing warehouse facility - 11- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 Mr. Tim Cannon,- Assistant City Planner, said this modified site plan comes with a positive recommendation from the Technical Review Board, subject to staff comments. Mr. Cannon informed the Members that High Ridge Road is to the west ~of the property and the Boynton ~anal is several hundred feet to the south. The site plan also calls for the addition of parking spaces along the northern edge of the property.. Mr. Cannon read the staff comments as follows: Building-Dept. (Bert Keehr~, Deputy Building Official) "1. Septic tank and potable water'well permit from the Health Department will be required. · 2. Hedge at the west~property line ~ust be thirty-six i~nches (36") high at plahting two foot (2') on center. Fire Dept.. "Please be advised before Fire Prevention office can sign (~n~ D. Cavanaugh, off~.this Subject, it is mandatory that applicant supply a Fire Inspector) plan to show howhe intends to-provide w~ter for fire protection-at the above captioned location." Public Works: "Contact department prior to pouring du~ster slab." Stephen~ A. Brock, Stephen A. Brock Architects, Inc.., 6667 - 42nd Terrace North, West Palm Beach, Florida, wanted some further discussion with the Fire Chief before he commented. It was the first he had heard of this staff comment[' Mr. ~Brock said it had obviously been studied out by the Fire Marshalt~ However, he thought it required a'little study by the owner also. Mr. Brock agreed with the rest of the staff comments. Mr. Wandelt asked if this should be tabled. Chairman Ryder said it was similar to the issue they,.had before, and the Board was not inclined to dfsregard a comment frOm the staff. Mr. BroCk understood. Chairman Ryder advised the Board could proceed on the basis they.were approving it subject to compliance with the s~aff's comments. Between now and the Councii meeting next week, Chairman Ryder told Mr. Brock he. should take' steps to clarify and resolve this issue. Mr. Brock said he would discuss it with the Fire Marshall, Mr. ~andelt moved to approve the modifie~ site plan, subject to staff comments, in addition to the comment from the Fire Department. Mr. Mauti seconded the motion, and the motion carried 6-0. MASTER PLAN MODIFICATION Project Name: Agent: Owner: Location: Description: Stonebaven PUD Satter Companies, Inc. Mode, Incl West of Congress and South of State Road 804 Proposed modification to previously approved master plan to delete the patio home neighborhood and recreational facility and distribute the units into the garden apartment and single family home neighbor- hoods. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 Chairman Ryder informed the Members the proposal essentially is to eliminate.92 patio homes and substitUte 36 additional single family homes and 56 garden apartments. He called attention to the fact tha~ this was on the agenda- aq the last Council meeting. At that time, ~the Council found no major modifications. Based on.his sales history at Dos Lagos, Mr. Annunziato, City Planner, said the applicant has found that product is no'~ selling and-there is a market for the two products that he has. He is ProPosing to eliminate the patio home product, spl'it the units north and south at Canal 25 (the north being~the single family cluster homes and the south being garden apartments.). The total number of units does not change; access to the site does not change; but there is a reduction of one recreational facility which was to serve the-patio homes. The-Recreation and Parks staff looked at this ,from a recreational point of view and thought the recreation pa,ckage that remained was still adequate to serve the u~its proposed, Mr~Annunziato said they were recommending that the Master Plan be approved, subjectcto the memo from John Wildner, Park Superintendent, .dated July 28, 1983, attached. Fred Roth, Engineer, Satter Architectural & Engineering Group, Inc., 2330 S. Congress~Avenue, West Palm Beach, Florida 33406, felt there was a strong marke~ for the single family, small detached houses they proposed to put in the north half of the project. It. will give.them two communities in which to market. Mr. Roth told the Board Members the patio.homes have not been a good selier.~in Dos Lagos.and other patio communities they have. They have had a lot more actiVity with the small unit develop- ments. Mr. Roth explained that they felt it was prudent at this point to make the change instead of going ahead and developing them. Mr. Roth said they were talking about the Same type of unit with the small living area andr the single story with a~front yard and akba~K yard,'~,~Instead of two neighbors attached to each-side, they would be on a single lot by themselves. Mrs. Bond asked about the deletion of the recreation facility. Mr. Annunziato asked that the Members recall there are three neIghborhoods and three recmeation facilities. With the deletion of the patio home neighborhood, that recreational facility was also deleted. There is already an approved recreational facility for .the sznq!e~family homes. Mr. Roth showed and explained the plansl He said it is exactly the same thing as they have at Dos Lagos except they have.~bigger lots instead of the smaller lots. Mr. Roth told Mr. Wandelt they eliminated the recreation facility on the canal. They shifted the lake to the middle and wrapped it with the houses. Mrs. Bond thought 900 square feet was small for a two bedroom house. Mr. Roth advised that the trend is to the smaller houses because everything costs more money. - 13- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEAOH, FLORIDA AUGUST 9, 1983 Mr. Wandelt moved, secOnded by Mr. Linkous, to approve the Master Plan Modification'subject to the Memorandum of John Wildner, Park Superintendent, dated~July 28, 1983, which is attached to these Minutes. Motion carried 6-0. 'PRELIMINARY PLATS Project name: Agent: Owner: LocationJ Description: Lawson Park, Plat II Rossi & Malavasi, Engineers Paul Plunkett South Congress Avenue aG, S. W. 30th Avenue Sec. 5, Twp. 46, Rge. 43, Palm Beach County Preliminary Plat consisti~ng of 4 industrial lots and'construction documents ~which provide for the construction of infrastructure improvements to support the final phase of previously approved master plan Mr. Carmen Annunziato, City Planner, said this is the final phase of the Lawson Park Subdivisios. It is fo~ four'~lots along Congress that lie north and south of S. ~. 30th Avenue, which is -.the entrance to South Tech. As a part of.the initial Master Plan proposal and in. connection with this phase of the Master Plan, the applicant had to continue the extension of S~'W. 30th Avenue east- ward to South Tech school. It has a four lane section, and there were some minor additional utility requirements. The application was reviewed by the Technical Review Board and came to the Planning and Zoning Board with a.positive recommendation from the City Engineer, subject to~four comments:. '(a) Dedication description is incorrect shd/or'incomplete and 'no P.O.B. is referenced at the beginning point of the boundary description. (b) Spaces for seals Should be blocked and identified. (c) Extension of rock base beyond the asphaltic concrete should be shown on the section for new roadway construction. (d) No street lights shown.' M~r-.-..En~co Rossi, P.Ei, Rossi and Malavasi' Engineers, Inc., 1675 Palm Beach Lakes Bou%evard, WeSt~Palm Beach, Florida accepted t~he City Engineer's comments and had no quarrel with them. Mrs. Bond moved to approve the preliminary plat, subject to staff comments. The motion was seconded by Mr. Linkous and carried 6-0. Project Name: Agent: Owner: Location: Sky Lake Plat III Rossi & Malavasi, Engineers HYlih, Inc. South of Boynton Canal, west 6f Laurel Hills Sec. 20, 45 South, Rge~--43 East, Palm Beach County, Florida - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 Description: Preliminary Plat consisting of 45 single ~family lots and construction documents which provide for the construction of infrastructure improvements to support the ~hird phase of a previously approved mas%er planl Phase II has not been platted to date. Mr. Carmen Annunziato,..City Planner, clarified that Phase II has not been final platted. The Preliminary Plat for Phase II has been approved, and he thought it was the developer's intent to go ahead with the final platting of both phases. Mr. Annunziato referred to the staff comments as follows: Tom Clark, City Engineer: '" (a) Information concernmng proper~ivalue may be required for P&Z establisb~aent~ of recreation ~fee~ On June 16th, in connection with Phase II, 'the applicant submitted an appraisal report'prepared by William Branch, which determined t.hat the-land value: for Phase II that lies.directly to the West of this and surrounds the lake had a current fair market value of $25,000 per acre. It was their recommendation to continue to accept that appraisal as the cur.rent fair market value for this Phase for the Recreation and Parks criteria purposes. ".(b) Deed ,to the City will be 'reqUired for the 40 ft. right-of-way needed, for the connection to the existing N. W. 13th Avenue. (c) Boundary map does not close mathematically. Scrivener's errors occur in several places in boundary description. . (d)[' Spaces for seals should be blocked out and identi- fied. '.' Mr. Enrico Rossi, P.E., Rossi and Malavasi Engineers, Inc., 1675 Palm Beach Lakes Boulevard, West Pal~ Beach, Florida, had no· problem with.~those comments. He said it is the'interest of the owner to go ahead and proceed wi~h getting both plats on record and then proceed along with the land development of that property and. complete it atli Mr. Rossi explained tha~ the reason it was .put into Plats II and tZ~ was that at that time, the interest was to'break in phases. Now certain things, have happened' on the market, so he wants to proceed. Mr. RosSi told the Board Members they will be recording one plat, placing the bond, and starting construction. He told Mr. Wandelt the size of the lots is 80x100. Mr. Wandelt moved to approve the Preliminary Plat, subject to sta.ff comments, seconded 'by Mrs. Bond. Motion carried 6-0. Project Name: Agent: Owner: Location: B0Ynton Lakes Plat II Rossi & Malavasi, Engineers Lennar Homes, Inc. North of Boynton Lakes Blvd., east of Congress Avenue Section 8, Twp. 45 South, Rge. 43 East _ 15_ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, F~LORIDA AUGUST 9, 1983 Description: Preliminary Plat consisting of 102, zero lot line, single family.lots and construction docu- ments which provide for the construction of infrastructure improvements to support a previously approved phase of a Planned Unit Development. Mr. Carmen Annunziato, City Planner, said/this was a preliminary plat to support the master pt~n~modi,fication p~ocedUre the~ Board recently went ~hrough for PUD construction. Mr. Annunziato said it comes to the Planning and Zoning Board with a positive recommendation based on a'memo prepared by the City Engineer, Tom Clark, as follows: Tom.Clark, City Engineer: "(a) Spelling in the dedication boundary description is to be corrected. (b) The canal easement required should be dedicated and recorded withe?book and page number. (c) Seal blocks-should .be shown and identified," Mr% Jim Walker, Regional Manager Of Lennar Homes, INC., 7000 West Atlantic Avenue, Detray Beach, referred the comments to their Engineer, Mr. Enrico Rossi, Rossi and Malavasi Engineers, Inc., 1675 Palm Beach Lakes Boulevard, West Palm Beach, Florida. Mr. Rossi had no problem with the staff comments. Mr. Mauti moved to accept the preliminary plat, subject to staff comments. Mr. Linkous seconded the motion, and the motion carried 6-0. Project Name: Agent: Owner: Location: Legal: Description: Lakes of Tara,~ Plat I AmbroSe & Associates, Engineers Tara Development Group, Inc,~ North Woolbright Road, west of Congress Avenue, south of S. W. Congress Blvd. extended A portion of Sec. 30, Twp. 45 South, Range 43 East, Palm Beach County, Florida Preliminary plat consisting of 59 zero lot 'line, Single family lots and construction documents which provide for the construction of infra- structure improvements to support Phase I of a previouSly approved Planned unit Development Mr. Carmen Annunziato~ City Pl~ner, asked the~Members to note the.change of name. At. the time they reviewed the .Master Plan, Captain Hillery brought to their attention~there were two developments: one called Tara Estates and the other called Tara Lakes. Captain Hillery, Police Department, felt not only the C~ty but ~hoever.wo~ld service this ~property wo~ld fi.nd it confusing, especially when names are given over the radio in times of emergency. The application came with' a positive recommendation, subject to the memo from Tom Clark, City Engineer, dated August 3, 1983. (See Attached.)~ - 16- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 9, 1983 Mr. Annunziato called attention to the fact that the Board had to address the land value for Recreation and Parks' 'dedication purposes. Also, there were several items that were not included that were not included in the bonded amount submitted to Mr. Tom Clark, City Engineer. Two he knew of'were sidewalks and the street light and. traffic signal at the intersection of S. W. Congress BouleVard Extended and~ Congress Avenue. Mr. Annunziato said they have to be included in connection with the final plat. With respect to the land value for Recareation and Parks' dedica- ion purposes, as this property recently changed hands, Mr. Annunziato said.staff felt the'price~of the~exchange .constituted fair market'value. They recommended that the Planning and Zonihg Board accept the value of $40,'000 per acre, which was the exchange'price, consistent with our subdivision regulation. Mr. Linkous asked where the traffic signal would be. Mr. Annunziato answered, "At S. W. COngress Boulevard Ex~ended~~ He told Chairman Ryder it was part of the old High Point area. Chairman Ryder determfned' it is the southern part of it, south of Congress Boulevard. Mr. Annunziato advised that the eastern half of the mas-er plan is Lakes of Tara. Mr. Annunziato larified that it wil.! be the intersection of about two public thoroughfares. S. 'W. Congress Boulevard is a public thoroughfare through Leisureville~ He showed the location where it will cross Congress Avenue, will extend th'rough'the' development and pick up at the next acreage tract, go through that property, ~nd tie in to Kruth Road. Mr. Annunziato~said the recommendation was that' the plan be apProved,~su~j~ect~to staff comments, %hat the ~hon~ amount submitted to the City Engineer be modified to ~t-'.leaSt include the cost of the sidewalk and a traffic signal', and that the land value for the RecreatiDn and Parks dedication purposes be set at $40,000 per acre Michael Ambrose, Engineer, D. M. Ambrose ~ssoeiates, Inc., 21 Highway, Boca Raton, had no problem with the ~ne. ~All .but #9~and~<~lt in~thelist of comments ~re of. As-to ~9, it had b~en applied for and it is forthcoming. With reference tD comment #11, Mr. Ambrose said they typed the cost estimate, and he is taking it to Mr. Clark in the morning. Mr. Ambrose adde~ that the street lighting was his fault because he did not realize it was to be bonded~on and off-site. Mr. Ambrose also was not aware that the traffic signal was to be bonded, and he s~oke to Mr. Clark in respect to the economic difficulty in beading that as one more item to be bonded. Mr. Walker, of the COunty Engineering Department, had recommended the stop light, 5nd they agreed that at some p~int and time a traffic light wikl be warranted at that location but nothing more 6190 North'Feder comments except had been taken c Mr. Ambrose said - 17 _ MINUTES - PLANN[ BOYNTON BEACH, specific than t warranted in thc housing portion warranted some acre tract. Mr. determined today that light is wa County Engineeri Mr. Ambro'se said that action is't difficulty is th simply for that sure his client sold 500 houses would like to se could be provide keep in force fo In regard to the provision for a Ambrose replied He informed Chai~ Mr. Ambrose's. cl~ and there are ac' lNG AND ZONING BOARD 'LORIDA AUGUST 9, 1983 ~at, Mr. Ambrose said it was not necessarily even development of the entire 33 acres, which is the of-the Lakes of Tara, but would certainly be ay in the further development of that whole 90 · Ambrose stressed that~a.~time~specific cannot be . He told Mr.'Clark it will be four years before rranted because it is triggered when Mr. Walker, ng Department, says it is to be there. they accept that .as they-are-developing~ if. riggered, they will pay[for that light. The e whole bonding structure and carrying a bond light for three or four years. Mr. Ambrose was would love to put the light up next year if he ~ut in front. Mr. Ambrose'thought his client e if there was some other .kind of surety that ~ that is less difficult than~a bond they would r three or four years. intersection, Chairman Ryder assumed there is morthbound storage lane for a left turn. Mr. zhat is part of the design and in the permit. ?man Ryder a right turn is also provided for. L'ent advised that the Agenda referred to 52 lots, zually 59 lots in Phase I. Mr. Ambrose thought the intersection would be substantially improved at this point and time because-they will immediately have · the left turn la]le for northbound traffic and a right turn lane for southbound ti that in~ersectio~ Other than the at talk to the staf~ and will have ew City. ~affic, so it should 'expedite movement through ove, which Mr'. Ambrose .said'they_are going, to about, they .have no problems With the comments ~rything finalized in the next day or two for the 3, 1983 (Page 20 Extended and Con. Recreation and P~ The motion was se Mr. Mauti moved ~o accept the preliminary plat, subject to staff comments in the Memo from Tom Clark, City Engineer, dated August ; bonding the traffic signal at S. W. Congress ress Avenue, and to set the land value for rks dedication purposes at $40,000 per acre. conded by Mr. Wandelt and carried 6-0. ADJOURNMENT Mr. Mauti moved, meeting properly seconded by Mr. Wandelt, to adjourn, and the adjourned at 9:10 P. M. Respectful~ted, Patricia Ramseyer / ] Recording Secretary ~ ~ (Two Tapes) ~3 - 18- MEMORANDUM Carmen Annunziato City Planner Perry A. Cessna Director of Utilities Aug~ast 2, 1983 Boynton Beach Shopping Cente df att On the subject development- Easement will be r~quired for all water and sewer lines plus easement up to the water meter installation point. The City will be responsible for the mainsewer line only (from manhole to manhole) and tile developer will be responsible for the laterals. Fir.e hydrant assembly requires hydrants and valves, for more than one (1) pzpe length from the main line. There must also be a valve at the main line. There must be a valve installed on the main line just North of the fire hydrant located at the southwest corner of property. The service lateral serving the building on the northeast corner A~fD on the entrance-into the manhole, must go into a I am return'lng your plans herewith. Sincerely, erry A. ~essna Director of Utilities MEMORANDUM Carmen Annunzia to City Planner John Wildner Park Superintendent FILE SUBJECT July 28, 1983 Stonehaven P.U.D. Mas ter P1 an Modi fi ca ti on Upon review of the above listed masterplan modification subject to our land dedication ordinance, the_public dedication required is changed as follows: OLD 324 Multi-family Units ~.015 = 4.86 Acres 130 Single Family Units ~.018 =2.34 Acres Total 7.20 Acres -5 credit 3.60 Acres 3.60 NEW 288 Multi-family Units ~.015 = 4.32 Acres 166 Single Family Units~.O18 = 2.98 Acres Total 7.31 Acres -5 credit 3.65 Acres 3.66 In order to maintain our recommendation for ~ credit for private recreation facilities provided, childrens play areas shown in the original master plan should be retained. As a result of this master plan modification the public acreage dedication requirement is increased from 3.60 acres to 3.66 acres. We continue to recommend that fees in lieu of land be provided by the Developer. / 3bhn Wildne= pm/ cc: Charles Frederick Recreation & Park Director MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA MEMORANDUM AUGUST 9, 1983 August ~, 1983 TO: FROM: Re: Mr. Carmen Annunziato, City Planner Tom Clark, City Engineer Tara Lakes Preliminary Plat, T.R.B. Meeting 7/26/83 The T.R.B. review of the subject plat stipulated that the follow- ing items be corrected and included with ~he materials submitted: 1. Chords for 25 ft. radius shown at typical street intersections. 2. Title certification is required. 3. Scale and north arrow required on first sheet 4. Location sketches should indicate Phase I and Phase II. 5. Off-site easements and dedication for lift station to be shown. 6. Boundary description and the boundary drawing do not close. A scrivener's error should also be corrected in the description. 7. Name should be changed because of similarity to existent subdivisions. e Drainage easements for pipes serving privat~ streets should be dedicated to Homeowner's Association. A Wat~_~ Management District letter concerning conceptional approval should be submitted. 10. 1!. Section C-C should show sidewalk and 8' bike path. should be shoWn for private roadways. A section The cost estimate should include the cost for sidewalks and street lights in public rights of way and the cost of a traffic signal as per County Traffic Engineer's letter of June 20, 1983. Definitive street lighting plans required for private streets. A print of the plat with T.R.B. review sign-off initials is forwarded herewith along with five copies of updated prints received this date. P&Z Board shall establish recreation and park fee. Please note that comments 1, 2, 3, 6 and 7 have been addressed with appropriate corrections. TAC:mb Attach.