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Minutes 07-12-83MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 12, 1983~ AT 7:30 P.M. PRESENT Ronald Linkous, Acting Chairman Lillian Bond Ezelt Hester Robert Wandelt Walter Kies, Alternate Stormet Norem, Alternate Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner ABSENT Simon Ryder, Chairman (Excused) Garry Winter, Vice Chairman (Excused) Caesar Mauti (Excused) ACKNOWLEDGEMENT OF~IEMBERS AND VISITORS In the absence of Chairman Simon Ryder tonight~ Mr. Ronald Linkous was appointed Acting Chairman. Chairman Linkous asked the two Alternate Members, Walter Kies and Stormet Norem to take the place of Vice Chairman Winter and Mr. Caesar Mauti, both excused this evening. Chairman Linkous introduced the Members of the Board, the City Planner, the Assistant City Planner and Virginia Jackson, the Recording Secretary. He recognized the presence of Mayor James R. Warnke, Vice Mayor Carl Zimmerman, Councilman Joe deLong, Councilman Nick Cassandra and ~. Owen Anderson, Executive Vice President of the Boynton Beach Chamber of Commerce. MINUTES OF THE MEETING OF JUNE 14, 1983 Mrs. Bond moved that the Minutes of the June 14, 1983 meeting be approved as submitted. Mr. Hester seconded the motion and the motion carried 6-0. ANNOUNCEMENTS None. COM~UNI'CAT I'ON S One communication had been received concerning the Harry Kirsner application and would be read into the record during the Public Hearing of that case. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 12, 1983 OLD BUSINESS Set Workshop date to continue discussion and analysis of proposed M-1 Di~s~tri~c~t P~eg~l~ati'on's ............. After discussion, it was decided that the Workshop would be scheduled for Thursday, July 28, 1983, at 3:30 P.M. NEW BUSINESS PUBLIC HEARING Rezoning Project Name: Agent: Owner: Request: Location: Description: Tara Lakes Planned Unit Development D.M. Ambrose AsSociates, Inc. High Point of Delray Builder No. 2, Inc. Rezone from R-3, Multi-family Residential to a Planned Unit Development with a Land Use Intensity = 4.0, West of Congress Avenue, South of Southwest Congress Boulevard extended. Residential development providing for the construction of 143 detached, zero lot line, single-family units on 38 acres+. Chairman Linkous read the above information into the record. An additional document received after the preparation of the Agenda, was distributed. It contained a report from the Water Management District on the project. For the purposes of the presentation, Mr. Annunziato further defined the location of the proposed project. He told the Board what the applicant is proposing to build including facts regarding acreage and zoning. This project was previously approved through the Preliminary Plat level for High Point of Delray. There is now a new purchaser. The proposal is to build and develop this property as a PUD and Mr. Annunziato noted the land use intensity. Access was described including rights-of-way which Mr. Cannon pointed out on the overlay. He also pointed out the recreational pod proposed and the existing lake. Mr. Annunziato stated that the proposal was reviewed by the City Staff with a recommendation to the Planning and Zoning Board for approval. He further noted the lot sizes, %he zero lot line and the overall gross density. A memorandum of July 6, 1983 from Mark G. Law, Utility System Supervisor regarding staff comments was read into the record by Mr. Annunziato. ~t the ad~i~e of Mr. Cessna, MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA J~UL? 12~ 19.83 the applicant will comply with the recommendations regarding the water lines. Mr. Annunziato fully described this as well as the sewage collection construction proposed, The City Planner read and reviewed his memorandum of July 5~ 1983 containing the Technical Review Board'Ys se~en coranents. The three comments contained in the memorandUm of ~une 20, 1983, from the County Traffic Engineer~ were also read by Mr. Annunziato as well as comments regarding the two cent gasoline tax and the impact fees. The Recreation & Parks Department memorandum of ~uly 6', 1983 from John Wildner,~ Park Superintendent, containing two re~ commendations, was also read by Mr. Annunziato wi~h further clarification. The additional memorandum received and pre- viously distributed~ from the Water Management District~ was read, After reviewing its contents, Mr. Annunziato provided the Board with additional facts. Mr. Annunziato answered questions from the Members of the Board concerning a stacking lane, the size of the parcel and the ingress and egress thereto, Mr. D. M, Ambrose, P,E., of D,M. Ambrose Associates[ Inc~, 6190 North Federal High~ay, Boca Raton~ Florida, 33431~ appeared before the board and stated that his firm is the planning and engineering consultant for Tara DeveloPment of COral Springs, Florida. He provided some b~ack ground inform'a- tion about Tara for the Board, Mr. Ambrose refe'~rr.ed to the rezoning,the zero lot line mode' and commented on the projected handsome appearance and excellent quality of living that would be provided. As such, he described the amenities and the style of life suited to the proposed PUD usage, Mr. Ambrose further advised that the applicant is totally in accord with the staff's recommendations and the County requirements. He told of discussions with Mr, Cessna and relayed the subject matter of the day's conversation to the Board. Mr. Ambrose elaborated on the progress regarding the service water management permit and briefed the Board on the results of a conversation today with the engineer of record regarding the outstanding permit. Mr. Ambrose made reference to the elimination of the tennis court~ the reduction of the original number of lots and the mon~es being, given representing full payment for the recrea- tional area, After further explanation~ he stated that he would like to have the Board%s accord in the elimination of the tennis court. The provision of an emergency route within the project was described by Mr, A~rose, MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 12, 1983 With only one request, that of the tennis court, Mr. Ambrose declared the apPlicant's intentions to fill all other require- ments. After describing the project with superlatives, Mr. Ambrose advised that a display was set up in Chambers showing the architectural plans of their three models. He invited questions from the Board. In response to Mrs. Bond's inquiries regarding Mr. Ambrose's meeting with Mr. Cessna, Mr. Ambrose expounded on that and said they would find no problem in whatever Mr. Cessna dictates. In reply to Chairman Linkous' question, Mr. Ambrose relayed the circumstances leading to the tennis court issue during his meeting with Staff. Mr. Annunziato added details. A discussion ensued as a result of Mrs. Bond's query, about the number of units in the project, the density, etc. As this was a Public Hearing, Chairman Linkous asked if there was anyone in the audience wishing to speak tN FAVOR of the rezoning. Mr. George Cimis, 905 S.W. 17th Street, (Leisureville), came forward. Mr. Cimis referred to media reading and after giving the subject much thought he was deeply concerned about the acute problem of water. "Piling up of development after development" incited Mr. C--~s to question whether we have sufficient water or would not be falling by the wayside like our neighbors in Lantana having to truck in bottled water. Mr..Annunziato, City Planner, offered to respond to Mr. Cimis. He told him that this is an ongoing topic and gave Mr. Cimis numerous facts about the existing water plant facilities, the current processes regarding construction of water wells and the future plans for new facilities. Mr. Annunziato assured Mr. Cimis that the City is not in a deficit situation. Continuing with the Public Hearing~ Chairman Linkous assumed that the last respondent was ~gainst the rezoning, He asked if there was anyone else in the audience wishing to speak AGAINST the rezoning. There were no responses~ THE PUBLIC HEARING WAS CLOSED, Mr. Hester moved that Tara Lakes Planned Unit Development be granted rezoning~ subject to staff comments including ~he elimi~a~ion of the tennis court and ~the addition of one ~!ot in its place, thus adding one lot to the number of lots shown on the master plan. ~rs. Bond seconded the motion. Mr. Wandelt expressed his concern about the water line. A discussion ensued clarifying Mr. Wandelt's concern. After a vote on the motion, the motion carried 6~0, - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 12, 1983 PUBLIC HEARIDG Rezoning and Land Use Amendment Project Name: Agent: Owner: Request: Location: Harry Kirsner Harry Kirsner Harry Kirsner Rezone from C-2, Neighborhood Commercial to C-4, General Comm.ercial, on a 2.5 acre parcel. South of N.E. 15th Avenue and West of Florida East Coast Railroad. Mr. Tim Cannon, Assistant City Planner, informed the Members of the Board that the Planning Department recommends against this rezoning and land use amendment for reasons he would state later in his presentation. Mr. Cannon provided background information advising that to the north is a funeral home and single family homes. To the west is a church, to the south is a canal and a residential area and immediately to the east of the parcel in question is the F.E.Ce Railroad track and that there is a grade crossing at N.E. 15th Avenue. To the east is North Federal Highway with two retail centers. Mr. Cannon provided the Board with the zoning of all the surrounding properties and the ramifications of the possible rezoning. Mr. Cannon referred to the Comprehensive Plan and ~ead tour policies within the text~ relevant to this rezoning req.uest~ He ~summarized this by saying that the applicant is requesting a higher intensity commercial use which could potentially effect the property values adversely. ~ ~ The Assistant City Planner continued to sur~marize the Planning Department's report containing Five Issues and and Discussions and Conclusions in response thereQf~ Cannon noted the large number of uses in the C~2 district as enumerated in this report and brOken down into area~ ahut~ng the F.E.C. tracks. In view of those uses, the report stated that it did not appear that this property could not be economically developed for C-2 permitted uses. The final issue Mr. Cannon summarized was whether there are other uses which could be appropriate at this location besides those uses permitted under its present C-2 zoning. He stated that the City is in the process of revising the zoning ordinance and the thinking of the Planning Department is that any retail use should be allowed in the C-2 district as long as it is not a large use (under 5,000. sq, ft and under 2 stories). MINUTES - PLA~NING AND ZONING BOARD BOY~TON BEACH, FLORIDA JULY 12, 1983 With regard to the Recommendations, Mr. Cannon stated that in view of~the fact that C-4 permitted uses would have an adverse impact on the surrounding properties and because there is evidence that the property is economically useful for C-2 uses and that there probably will be some revisions for C-2 uses in the redrafting of the Zoning Ordinance, the Planning Department is recommending against this Rezoning and Land Use Amendment. Chairman Linkous complimented Mr. Cannon on his presentation. As there were no questions from the Board, Chairman Linkous asked Mr. Kirsner to come forward. Mr. Harry Kirsner, Faber & Kirsner, Attorneys at Law~ Suite 905, 14 N. E. First Avenue, Miami, Florida 33132 appeared before the Board. In the years Mr. Kirsner has owned this property, he told of his futile efforts in trying to get financing from mortgage lenders due to the C-2 zone and the railroad and his belief that he could not get tenants for the ~building within that zoning. Mr. Kirsner presented an aerial photograph covering a 1½ mile radius around the subject property~ He pointed to.the various surrounding properties and offered comm. ents to the Board. In Mr. Kirsner's slide presentation he showed properties close to the railroad and properties further away from the F.E.C. tracks presenting contrast, Within the presentation, Mr. Kirsner showed a color slide o~ a similar property he wished to build on the subject site which he would call "Boynton Wholesale Mart'~. He described it fully, presenting its amenities. He told of his experiences in developing other'attractive sites including a championship golf course in Florida. Mr. Kirsner provided the Board Menfoers with a rendering of the property he said he would like to build. He asked his architect to come forward to tell the Board Members about the site plan. Mr. Allen Davis, Architect, 530 South Federal Highway, Deer- field, came forward and described the building and his desire to cooperate with the City. He stated that they have'not de-~ signed the building per se~asyet and have just come up with some ideas. If they can get the staff's compliance with their request for zoning, they will work it then as closely as possible. Mr. Kirsner responded to Mr. Kies' questions regarding fin- anciag and Mr. Kirsner's inability to develop the site in the C-2 zoning. In answer to Chairman Linkous'~ ~.uestion~~ ~ Kirsner said while he was aware of the zonmng at the tzme he purchased the property, he was not aw-are of the frequency MINUTES - PLANNING ia2'~D ZONII~G BOPPED BOYNTON BEACHt FLORIDA ~ULY 12~. 1983 of the trains going by. ~r. Kirsner fully explained why he did not think anybody could develop the property as it ts now~ As this was a Public Hearing~ Chairman Linkous asked if there was anyone in the audience who wished to speak In ~a~or of the rezoning. No one responded. Mr. Annunziato read into the record a letter in favor of the rezoning written by Mr. Earle B. Irving of the Seav~ Trailer Park~ 1620 North Federal Highway~ Boynton Beach. Chairman Linkous then asked if there was anyone in the audience who wished to speak in Opposition to the rezoning, There was no response~ THE PUBLIC HEARING WAS CLOSED. Mr. Hester stated why he was not in favor of changing the zoning from C-2 to C-4 and referred to there not being a definite plan which could mean that if they get the property rezoned, they can do anything that C~4 permits. Chairman Linkous complimented Mr. Kirsner on his presentation and renderings and was sure that he w~ent to a lot of expense. The Chairman stated his thoughts on why the zoning should not be changed. Mr. Kirsner clarified that his architect did not mean that he did not have a plan~ it was just not "cast in stone". He showed the Board the plan and said he would be willing to deed restrict it to the plan in hand with the site plan attached. Mr. Kirsner stated his intentions adding that he would make it a high class Boynton Wholesale Mart. Mr. Stormet Norem r~oved that Harry Kirsner's request for Rezoning from C~2 to C-4 be denied. Mr. Kies seconded the motion and the motion carried 6-0. PUBLIC HEARING Parking Lot Variance Project Name: Agent: Owner: Request: Location: Boynton Branch Bank - Expansio~ Florida National Bank Herbert C. Gibson, Escuire Florida National Bank of Palm Relief from Section 5-141(e) - Lot Regulations, which require ment on--site of three (3) inch, in one hour. 200 North Congress Avenue of each County Parking the contain- s of rainfall In view of the fact that Mr. Norem is on the Advisory Board of the subject project he asked to be excused from th~s ~and the next item on the Agenda. Chairman Linkous so granted. - 7 - MINUTES - PL~2~NING ~D ZONING BOARD BOYNTON BEACH, FLORIDA ~ULY 12, 1983 Mr. Annunziato explained to the ~embers of the BOard the conditions governing this request by the applicant for a Parking Lot Variance. He read in its entirety the contents of July 5, ~983 memorandum to the Chairman and ~[embers of the Planning and Zoning Board from the City Planner Re: Boynton Beach Branch - Florida National Bank of Palm Beach County - Parking Lot Ordinance/Variance in which is stated the basis for the recommendation of the Technical Review Board to approve the variance. ~r. Herbert C. Gibson, Esq., Gibson & Gibson, P.A., 303 First Street, Suite 400, West Palm Beach, Florida 33401 said he was here as an Attorney for Florida National Bank. Mr. Gibson was before the Board in 1978 at which time the building plans were approved for the F~orida National Bank Congress ~Avenue Branch, They tied into an existing storm drainage system which ~as ~ermitted at that time and has worked very well and Mr~ Gibson e~plained why he thought Staff has made a very fair recommendation on the issue. In an effort to save time, Attorney Gibson asked to address the next item on the Agenda regarding Florida NatiOnal Bank's revision of their site plan~ He understood that this variance be issued as one of the conditions for the approval of that site plan based upon the recommendation that the BOard hears. Ymother issue Attorney Gibson stated they would have no problem with would be bringing the landscaping up to code and replacing it. Mr. Gibson summarized by saying that "brevity is beauty" and offered to answer any ~uestions. In that this was a Public Hearing, no one responded to Chairman Linkous' request for anyone to come forward wishing to speak IN FAVOR of the variance. He ascertained that no one wished to speak IN OPPOSITION. THE PUBLIC HEARING WAS CLOSED. ~s. Bond moved to approve the applicant's request for Relief from Section 5-141(e). ~r. Kies seconded the motion and the motion carried 5-0. The variance was granted. SITE PLAN Project Name: Agent: Owner: Location: Florida National Bank Site Plan Modification Hendrick-Brown Construction Co., Inc. Florida National Bank of Palm Beach County 200 North Congress Avenue MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 12, 1983 Description: Construction of 2,000+ square feet addition to existing Bank facility Mr. Tim Cannon, Assistant City Planner, reviewed the location of the site and the proposed addition. He read the staff comments of the Building Department one of which had already been addressed by the variance just granted. The other item, regarding meeting the Landscape Ordinance, had been agreed upon by the applicant and Mr. Annunziato added that the recommendation, therefore, is for approval. Mr. Hester moved for approval of the Florida National Bank Site Plan Modification, seconded by Mr. Kies. The motion carried unanimously 5-0. SITE PLAN Project Name: Agent: Owner: Location: Description: Warehouse Facility for Coral Industries Site Plan MOdification Robert R. Kipp~ Jr. Robert R. Kipp 1365 Neptune Drive Proposed 'modification to provide for the construction of a loading ramp. Mr. Tim Cannon, Assistant City Planner, informed the ~embers that this site plan comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board. There were no staff comments. Mr, Cannon c©mmen~ed that this was a relatively simple modification. The City Council approved this site plan within the last six months. The Assistant City Planner described the dimensions and the location of the proposed construction. Mr. David Beasley, 647 S.W. 1st Court~ came forward, He said he was representing Mr, Robert R. Kipp whO was out of town, Mr, Beasley presented the Board with a copy of a new site plan showing the location of the proposed ramp. Mr. Annunziato made further comments on the location. Mr. Wandelt made a motion to approve the Site Plan Modification. Mr, Norem seconded the motion and the motion carried unanimously, 6-0. Project Name: Agent: Owner: Location: Description: Manor Care Nursing Center Moyle~ Jones & Flanigan~ -P.A.~ Manor Care of Boynton Beach, Inc, South Congress Avenue at LWDD~Canal L~.28, Southwest corner Construction of a 120 bed nursing center - 9 - MINUTES - PLANNING AND ZONI'NG BOARD B©YNTON BEACH, FLORIDA 1983 Mr. Tim Cannon explained the nature of th~ request and informed the Members of the Board that this site Pllan comes'to'the Board with a positive recommendation from the Technical Review B~ard subject to staff comments. Mr. Cannon described the location and accelss routes and pointed th~m out on 'the overlay, He pointed to. t~e'proposed buildings aha showed the rights-of-way. Mr. Cannon~ead the staff comments of the Utilities Department and the Planning Department and ~ those contained in the Building Departmen~emo~and~m of~'7/1/83 and the Fire Department's~memO~andum of 7/5/83. Mr. Annun'ziato referred to the staff comments contained in the Engineering Department's memorandum of 7/5/83. Mr. David S. Pressly of Moyle~ Jones & Flan±gan~ P,A~ P~O, Box 3888, West PalTM Beach, Florida 33402, came ~'orward. He stated that their engineer met with the City Planner and they are in agreement with all the staff comments and intend to comply with them. Questions from the Board included Mr, Wandelt~s inquiry about the parking ordinance to which Mr. Annunziato replied by saying that the parking is deficient in some areas ow±ng to the depth of the parking bay; This was a technical scribner's error and can be corrected very easily. Mr. Kies asked if this was the same basic ~cility that was recently rejected by the City council. ~Mr]~' Ann~'ziat~ ad~ised that it was. ~en asked about the' zoning '~y the 'Chairman~ Mr. Annunziato agreed that it was C-3 z°ning~ Mr. Norem moved to approve the Site Plan for the construction of a 120 bed Nursing ~enter, subject to st~ff .comments-,. Mrs. Bond seconded the motiOn and the moti6n carried '6L0~ At this time a spokesman for the Manor Care Nursing Center made a statement that the entire parcel WoUld be developed in accordance with C-3 zoning. Project Name: AGent: Owner: Location: Description: Storage Area at Leisureville Recreation Complex Site Plan Modificatiol James G. Torbit Andino/Romiero - Less 1007 Ocean Drive To provide for the col a secured fenced-in, intended to be used f, parking of vehicles, including vans, pick-up trucks, golf carts and self- propelled irrigation and lawn maintenance. )r/Trustee ~struction of ~labbed facility the secured - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 12, 1983 Mr. Annunziato read the description of the intended use from the application. He described the location, the bordering properties and the purpose of the request, }~r. Annunziato stated that this was an issue before the Code Enforcement Board recently where the applicant was cited for open storage and the Code Enforcement Board ruled against the applicant, The applicant was advised to somehow legitimize his use. Using the Site Plan Approval procedure as a vehicle he has proposed building a fence and screening in the area-for storage purposes. Mr. Annunziato read the Staff Comments contained in his memo of 7/5/83. He answered questions regarding zoning asked by Board Member NOrem. Attorney ~ark Shaw, 6520 St. Andrews Avenue~ Ftm Lauderdale, said he was the Attorney for the Palm Beach Leisureville Community Association. Mr. Torbit is home recuperating from surgery and will be okay, reported Mr. Shaw. Attorney Shaw proceeded to fully explain the nature of this application, who the applicant is, what this property is, why this facility was constructed and why they are here. He elaborated on the zoning and spoke about the maintenance. Attorney Shaw reported details involving the Association's budget. He distributed among the ~{embers of the Board numerous photographs showing views of the maintenance facility so labeled and chronicled details relating to this. Attorney Shaw noted that Mr. Annunziato accurately reported that the suggestion was made that the applicant legitimize this use. He acknowledged the big crowd in the audience, pro and con and thought that what might be cQmi~g clear to the Board is that this is an internal community problem. Attorney Shaw elaborated on this point. He handed an aerial photograph to the Board, color coding the facility. Attorney Shaw spoke about the unique hardship facing the applicant ,..~. explained why the recuest should be approved and commented on the alternatives ff it is not~ The Board referred to Pertinent areas on the aerial photo'graph during Attorney Sha%~'s-discourse. In stating his final legal point~ Attorney Shaw bie~Ve~ the~i'City Should .no~ estop from denying this application' b~ ~i~t.ue of issuing the building permits and allowing the facility to be constructed and used for over six months~butth~woUl~ ask~the Board to approve this facility on the m. erits.~too because there is nothing objectionable about it and the alternatives are either impossible to achieve or would not be .in anyone's interest at all. - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 12, 19~83 Mr. Lowell Y. Bennett~ 400 S.W. Golfview Terrace~ advised that he is a member of the Board of Directors for Palm Beach Leisure~ ville. In pointing, out the financial austerity o~ the organiza~,. tion, Mr. Bennett stressed the v?lunteer status o~ the gOverning body which helps to maintain their low costs. Their documents~ severely limit the amount of money they can spend on any single project and the alternates suggested by the City are financially impossible for them to attain. Regarding internal problems, Mr. Bennett expressed his hope that the objectors would also offer their suggestions so as to become a part of the solution to the problem. He also aired the problem of the internal harassment due to the parking area stating that it was uncalled for. With regard .to an alternate solution, they would be forced to cut something out and Mr. Bennett clarified that they are legally obligated to maintain Leisureville's standards to those previously established. He spoke of the havoc that would occur, As Counsel said, Mr. Bennett remarked they would be willing to do anything within reason, regarding landscaping of the area. He was convin- ced that what they are doing is right and is within the law. It is compatible with their needs and finances and he~d, idn~kno~_which way to go from here unless this is approved. He asked that the Board give their problem serious consideration and asked for thei~ approval of the parking area as it exists today. Chairman Linkous remarked from what he had heard tonight~ there are no available locations for locating the fac!Ii'fyi According to the applicant noted Mr. Annunziato~ that is correct, Staff'%s position was that they were not aware of all the poten~a~p~op? e~ty hDl~ings of ~Palm Beach Leisureville~but if there were other locations available, they should explore them~ i,e, renting. Chairman Linkous reminded the audience that this is not a Public Hearing. As a spokesman, Mr. Bennett stated that they had inves- tigated every conceivable possibility for relocating the facility. He referred to their having even rented property as a solution to the original citation and enumerated the mounting costs in connec- tion thereof. ~r. Bennett elaborated on why this was not feasible. Mr. Oliver Troup, Manager of Palm Beach Leisureville came forward to address a prior question regarding the construction of a slab and fenced in area for the storage of equipment, supplies, rolling stock and lawn maintenance equipment. As a result of being appoint- ed by theirBoard, Mr. Troup met with City Building Department offi- cials in November of 1981. ~e wals instructed to pull and then over- lay',~he site plan with the proposed construction of the concrete slab. Mr. Troup was guided and told to submit this to the contrac- tors that were successful in the bidding. The contractors did sub- mit this to the City and ~he per~its were issued. - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 12, 1983 Mr. Norem ascertained that when Mr. Troup submitted those site plans, he worked with the City and there was no problem whatso- ever and in fact, he asked for the City's help. Mr. Troup reiterated that there was no ~uestion__at~alt~abOut it and that there was no problem. Before making a motion Mr. Norem stated that everything seemed to have been done at that time with no problem with the City or the Community or objections raised afterwards. Number one, Mr. Norem could not see whY this issue was even before this Board. Hr. Norem stated that he Would like to make a motion to approve it, if the Board needs to pass on it. Chairman Linkous advised that the Board has to pass on it. Mr. Norem moved to apDr. ove the Site Plan Modification excluding st~aff recommendatiohs. Mr. Kies secQnded the motion and the motion, carried SITE PLAN Project Name: Agent: Owner: Location: Description: High Ridge Nursing Home at Stanford Park Michael B. SChorah & Associates,Inc. Lawrence E. White, Trustee Hypoluxo Road, East of High Ridge Country Club Construction of a 120 bed nursing home Mr. Tim Cannon, Assistant City Planner, stated that this site plan comes to ~he Planning and Zoning Board with a positive recommendation from the Technical Review Board, subject to staff comments. Mr. Cannon showed the outline of~i~cenv.~es~ent center and the surrounding properties. He noted that this ~occupies just one portion of the ~U ~.D~_ The 's~.te..p!an ~aI~. for a one story.~St_.high CBS building and would be a. 12~ bed facility occupying 41,372 square feet of floor space. The convalescent center is set back 40 feet, Mr. Cannon pointed to the future medical office to be ioca%ed to the east and to the living facility to be located to the south. He showed the three entrances to the site~ the drive going into the site and the two entrances coming off this drive. Mr. Cannon further pointed to the parking area around the perimeter and the main entrance. Mr. Cannon read the steff comments contained in the Building Department memorandum of 7/1/83 and thOse contained in the Engineering Department's memo of 7/5/83. Mr. Cannon read the comments of the Public Works Department. - 13 - MINUTES - PLANNING AND ZOi~ING BOARD BOYI~TO~ BEACH, FLORIDA JULY ~2, 1983 Mr. Michael B. Schorak_of Michael B. Schorah & Associates, Inc, 1850 Forest Hill Boulevard, Suite 205, West Palm Beach, Florida~ said he represented the developer, He said this site plan was the first site plan in the first phase of the construction, Mr. Schorah advised that they are in agreement with every staff comment of the Technical Review Board with one exceptions They are not required to obtain a D.O.T: permit because there is no D.O.T. road. It is a County road and they are applying to the County for the road improvements that have been imposed upon them by the City and the CoUnty during the rezoning process. They have no objections to the requirements~ contained in that~ report. Mr. Schorah stated that the landscape ordinance~ which they are a little off center with, Can'~e~.~r-ked out with staff~ The parking ordinance was a misinterpretation with the new ordinance as to back-up space in which they are short a couple of feet. They have enough room on the side to accommodate this. In answer to Chairman Linkous' query~ Mr. Schorah advised that they concur with the staff comments, Mr. Norem moved to approve the site plan subject to all staff comments. Mr. Hester seconded the motion and the ~otion carried 6~0. 'SITE' PLAN Project Name: Agent: Owner: Location: Description: Congress Lakes, Phase I Rossi Riteco~DeVelopment Corporation North Congress Avenue across fr'om Motorola Phase I of Congress Lakes, Planned Unit Development to provide for the construction of 135 dwelling units plus recreation facilities on sixteen (16~ acr~s~ Mr, Tim Cannon~ Assistant City Planner~ told the Members of the Board that this site plan comes to the Planning and Zoning Board with positive recommendation from the Technical Review Board, subject to staff comments. The plan calls for the construction of 135 one and two bedroom condominium units on a 16 acre tract. Mr. Cannon pointed to and named the surrounding roadways. He outlined the buildings, the parking areas and stated that there was an option on the site for covered parking. He pointed to the recreation facilities, the two lakes, swimming pool, playground and tennisl/courts. - 14 - MINUTES - PLANNING A/~D ZONING BOARD BOYNTON BEACH, FLORIDA JULY 12, 1983 Mr. Cannon advised the height of the buildings, the materials of the structures and the roofs. He referred to '.the low privacy walls. Mr. Cannon read the Building Department memo of 7/1/83 and the comments of the Public. Works Department. Mr. Roy Barden, Landscape Architect, 5908 Colony Court, Boca Raton, stated that he represents the owners, the Riteco Development Corporation, who is present as well as the architect and the engineer and can answer .any detailed questions. Mr. Ba~d.en .advised that they concur with staff recom~endations and they would follow' those recommendations in the first phase. MrS, .Bond moved that the site plan.for Phase I of Congress Lakes PUD, be aPproved, Mr, Hester seconded the motion and the motion carried 6-0, 'SUB~IVI~SI'ON MaSter. Plan ~odi'fi~cat~ion Project Name: Agent: Owner: Location: Description: Sky Lake Subdivision W'ade Riley, Vice President Hylib~ Inc. Old Boynton Road~ Lake Worth Drainage Di~.trict Canal ~E~4 Proposed modification to previously approved recreation facility Mr, Carmen Annunziato~ City Planner, stated that the p is to modify the recreation area which was approved at time of the~maste~ptan approval for the Sky Lake Subd Mr. Annunziato described the location. The proposal ~ modify the mix of recreational facilities which would provided in this private neighborhood park, Oriole.~O is iconsidering purchasing the property consistent with modificatiOn to the recreational tract and inJd%ei~inve of these kinds of faciliti-es, they felt the recreation ~acitities which were initially proposed,'.not only cro the 'site, but also would not be maintained or utilized properly. The Recreation and Parks Director did revie uses and made suggestions as to the mix based on the roposal the ivision, s to be mes the s~t~a.tion al wded w-the potential users of these facilities. This mix now~ stated Mr, Annunziato, comes to the Planning and Zoning Board with a positive recommendation that it be approved as submitted~ Mr. Wandelt moved to approve this Master Plan Modification. Mr. Norem seconded the motion and the motion carried 6~0. - 15 u MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 12, 1983 Preliminary Plats Project Name: Agent: Owner: Location: Description: Stanford Park Michael B. Schorah & Associates, Inc. Lawrence Eo White and Ralph Biernbaum South of Hypoluxo Road and East of High Ridge Country Club Preliminary Plat and construction documents which provide for the construction of infrastructure improvements to support previously approved Planned Unit Development. Mr. Tim Cannon, told the Members that this application for approval of a preliminary plat and construction drawing of Stanford Park PUD preliminary plat, comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board subject to staff comments. Mr. Cannon showed the entire plat of Stanford Park PUD. The site plan which the Board just approved is located in Tract 1 of the Plat. Hypoluxo Road~runs along the north side of the property. From the west boundary of the property to High Ridge Road would have to be approved and reconstructed as part of this PUD. Mr. Cannon stated that there would be a public right-of-waY running along the eastern side of the property down to the southern end of the property to serve the undeveloped land %~hich lies to the south. This preliminary plat has been reviewed by the Engineering Department and the Utilities Department as well as the entire staff. Mr. Cannon stated .that the staff comments from the Engineering Department a~d the Ut~li~i~s'-~Departme~t-w~re-the same as ~ose for~e site plan. Mr. Cannon advised that there is a comment from the City Planner that there be a paid fee in lieu of land for recreation purposes. The Recreation Director recommends 1/2 credit recreation. The recommended value of land for recreation dedicated purposes has been set at $36,504.75 per acre. M~. Cannon further stated that the Planning and Zoning Board would have to approve that figure at this time. With regard to the preliminary plat, Mr. Annunziato advised that the Board has to address the issue of land values and recreational parks fo~ dedication purposes. Mr. Annunziato reminded the Board that this PUD was based on 102 units as the comparison and it was approved that way. The land value based on Mr. Annunziato's conversation with Dr. Dubois today~ are based on a combination of land values for the property that was purchased from Mr. Fearnley and the property that - 16 - MINUTES - PLA~NIN~ A2~D ZONING BOARD BOYNTON BEACH, FLORIDA JULY 12~ 1983 was Purchased from Mr. Biernbaum as Trustees. These are the contract purchase prices which are presumably fair market value and are realistic. With regard to the plat, Mr~ Annunziato reminded the Board that there was much discussion at the time regarding separating the commercial uses on Hypoluxo Road. At that time the applicant agreed to provide a landscaped tract north of the office building that was proposed. Mr. Annunziato stated that that appears as the tract and lies at the southwest corner of the intersection of N.W. 7th Court and Hypoluxo Road. The tract south of that would be the office building tract. The large tract, Tract 4 is the Adult Congregate Living Facility Tract~ As the applicant comes ln With site plans, he would halve to go through the procedure of site plan approval on that tract~ The two tracts to the ~outh, stated Mr. Annunziato~ are not a part of the PUD. As a result of moving the road back to the center of the property, Mr. Annunziato stated that it was a requirement of Mr. Biernbaum that he be compensated in land use of land lost, thereafore an additional two tracts of land were added to the ownership of the Stanford Park PUD, however, they are not a part of the PUD and, in fact, these two tracts are currently considered open space tracts for the future. Chairman Linkous noted that they are the southern~@st tracts. Mr. Annunziato added that the road is to be public and an effort has been made to retain the large pine trees and the transplanted Oak Tree came from this property. Mr. Michael B. Schorah of Michael B. Schorah & Associates, Inc., 1850 Forest Hill Boulevard, Suite 205, W.P.B., said he would concur with all the requirements as imposed for the site plan which are also impOsed on the plat. Mr. Hester_ moved for the approval of the preliminary plat subject to staff comments. Mr. Hester seconded the motion and the motion carried 6-0. Preliminary Pla_ t Project Name: Agent: Owner: Location: Description: Congress Lakes, Planned Unit Development Plat I Rossi & Malavasi, Engineers, Inc. Riteco Development Corporation North Congress Avenue across from ~torola Preliminary Plat and construction documents which provide for the con- struction of infrastructure improvements to support previously approved Planned Unit Development. - 17 - MINUTES -- PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JULY 12, 1983 Mr, Tim Cannon, ~ssistant City Planner, told the Board that this preliminary'plat Comes to the Planning and Zoning Board with a positive recomme~datlon from %he staff. There were no staff comments. Mr. Cannon state~, that this is the preliminary plat for the site pIan which .he Board just approved. He pointed out Congress Avenue ,n the east side and the Boynton Canal and the Qe Bartolo Mall to the south. He showed the tracts for the entrance road and. said it was a private road, He also showed Tracts B and C an.d the lake. Mr. Cannon said Tract D is a bumper strip to [,e~a~tainedby[~tb~HomeOwners' Association and Tract E is .a similar tract for the entrance. The remainder of the tract would be under the management of the Condominium .ssociation. Mr. Cannon also pointed out the utility and d.rainage easement tracts, Mr. Enrico Rossi of Rossi and Malavasi Engineers, Inc., 1675 Palm Beach Lakes Boulevard, West Palm Beach~ Florida~ came before the Board to answer any questions put before him. For the Board's Edification, Mr. Carmen Annunziato, the City Planner, pointed out that the reason the land value issue was not be ng faced in this preliminary plat was because the appl cant dedicated land, In fact, all of the land between N, ~'. 17~h Avenue and N, W. t9th Avenue on the west side of Seacrest Boulevard~ except for the Texaco Station and the Day Care Center, were dedicated by the applicant, to the municipality, Chairman Linkous noted that this came up as part of the annexation. Mr~ Annunziato commented to the effect that they gave land instead of dollars, Mr, Ezell Hester moved to approve this Preliminary Plat, Mr, Walter Kies seconded the motion and the motion was unanimously apprcved by the Board 6~0. i~DJOURN~NT As there was no urther business to come before the Board~ the meeting was ~roperly adjourned at 10:46 Respectfully subnitted, V".~. gin'a~, Jack~on, Recordi~ Sec.ret~ry ([4 Tapes). - 18 -