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Minutes 04-12-83
MINU_TES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD AT CITY HALL/ BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 12, 1983 AT 7:30 P. M. PRESENT Simon. Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezell Hester Ronald Linkous Caesar Mauti Robert Wandelt Stormet Norem, Alternate ABSENT Douglas Sussman, Alter.nate Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner ELECTION OF OFFICERS Carmen Annunziato, City Planner, assumed the Chairmanship and moved into the election of officers for 1983-1984. He opened up the nominations for Chairman of the Board. Mrs. Bond nominated Simon Ryder as Chairman of the Board, seconded by Garry Winter. As there were no other nominations, Garry Winter moved that the nominations be closed, seconded by Mr. Linkous. Simon Ryder was elected Chairman by acclamation. Mr. Ryder accepted the responsibility of Chairman. Mr. Wandelt moved, seconded by Mr. Linkous, to appoint Garry Winter as Vice Chairman._ As there were no other nominations, Mrs. Bond moved that the nominations be closed, seconded by Mr. Mauti. Garry Winter was elected Vice Chairman by acclamation. Chairman Ryder appreciated the confidence the Board had shown in reelecting him as Chairman and was pleased that Garry Winter was back as Vice Chairman. He was also happy that all of the previous incumbents were back so that the Board would continue to have the benefit of their judgment ~that he was sure they would exercise, feeling that whatever they decide will be in_the best interests Of t~e city. Chairman Ryder was glad to have the continued support of the City Planner and his department and to be able to continue to depend MINUTES - PLAN] BOYNTON BEACH, on the detaile, of the Board's Recording Sect, ACKNOWLEDGMENT Chairman Ryder the Members of Sussman, Alter~ man Ryder also Planner, and R Chairman Ryder all of the Mem Warnke, Vice M man Samuel Lam recognized the Owen A. Anders MINUTES OF MAR Mr. Hester mov seconded the m ANNOUNCEMENTS Mr. Annunziatc comment for th include on the were forthcomi COMMUNICATIONS N one. ~ING AND ZONING BOARD FLORIDA APRIL 12, 1983 input they are provided with in the consideration business. He was also glad to see Pat Ramseyer, ~tary, back with the Board. OF MEMBERS AND VISITORS welcomed everybody to the meeting and introduced the Board. As he had not heard from Douglas late Member, it was assumed he was absent. Chair- introduced the City Planner, Assistant City ecording Secretary. expressed that the Board was honored to have aers of the City Council present (Mayor james R. 5yor Carl Zimmerman, Councilman Joe deLong, Council- mr Wright, and Councilman Nick Cassandra). He presence of City Manager Peter L. Cheney and an, Executive Vice President, Chamber of Commerce. iH 8j 1983 ed to accept' the minutes as presented.. Dtion, and the motion carried 7-0. Mrs. Bond said the Board-Members would find a modified staff e Coral Industries building, which they failed to 'initial transmission of the staff comments which ag from.the~'Technical Review Board. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARING Rezoninq (t) PROJECT NAME: Stonehaven Planned Unit Development - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL' 12, 1983 AGENT: OWNER: REQUEST: LOCATION: DESCRIP- TION: LEGAL DESCRIP- TION: Stonehaven Development Corporation Mode, Inc~ Rezone from R-2 Single Family and Duplex Resi- dential to Planned Unit Development with a Land Use Intensity = 4.0 Congress Avenue, west of Congress Middle School with frontage on Congress Avenue, Knuth Road and Boynton Beach Blvd. Residential development providing for the construc- tion of 232 garden apartments, 92 patio homes and 130 single family/zero lot line homes - total 454 units See "Description" attached hereto and made a part hereof as page 4. Chairman Ryder informed everyone that 2nd Avenue is going to be Boynton Beach Boulevard. As an additional brief description, Chairman Ryder said the canal is just south of the TV station on the westerly side of COngress Avenue, which is the northerly boundary line on Congress ~Avenue. The frontage of the develop- ment on Congress proceeds south for about 600 feet. Then it goes westward all the way back'to Knuth Road, and there is an angle, and the development goes up to Boynton Beach Boulevard right behind where Gallo and that center is on Knuth Road and Boynton Beach Boulevard. Mr. Annunziato, City Planner, told Members of the Board this is a request for' rezoning to a Planned Unit Development with land use intensity to equal 4 for the Stonehaven Planned Unit Develop- ment. The owner is Mode, Inc., who, in fact, had a mas{er plan approved on the property in the late 1970's or early '80's that provided for 456 dwelling units in a duplex mode. Mr. ~nnunziato said the Current applicant, Stonehaven Development Corporation, is an operating arm of the Satter Home Development Company, which is developing the Dos Lagos PUD on North Congress. Mr. Annunziato stated that the request is to conStruct 454 dwell- ing units of four different types. He referred the Members to the overlay and said the eastern two-thirds in that area would be the garden apartment area, and those were in the configuration of the squares the Members saw. Mr. Annunziato advised that they are two story, eight unit buildings. To the west of the garden apartments and to the north of Canal 25 on the west side of the spine road are the one story, four unit patio villas. Mr. Annunziato said %his is a product that is being constructed at Dos Lagos, more or less. The remaining units (single family community, so to speak) have a zero lot line or shared lot line unit in a clusner mode. Mr. Annunziato thought there were 92 of that type. - 3 - MIN%fTES - PLANNING AND ZONING BOARD ^RCE,L "De s cr iption" APRIL '12', 1983 Yracts 26, 27, 37, 38, 39 and Tract 40, LESS the West 25 feet thereof, Yract 57, LESS the West' 25 feet. thereof, and Tracts 58, 59 and 60', LESS the South 25 feet thereof for right-of-way for Lake Worth Drainage District Canal L-2'5 as recorded in Official Record Book 2063, at'Page 1416, Public Records of Palm Beach County, Florida; that portion of Tracts 6 .and 7 lying South of the South R~ght-of.N, ay Line of State Road' No. S-804 as same is recorded in Road Plat Book No. 2, at Page 2]Z thru 220, Records of ~Palm Beach County, Florida.; Tracts 8 and 25 LESS the x.3s'er~y 250. feet (as measured along the South Line of said State 2sas S-S6:] cf the Northerly 700 fee-t (as measured along the Westerly line of saio 8 and 25) of that port,on of sa~d Tracts 'lying Southerly of :he South .R~ght-of-Way Line of State Road No. S-804; and LESS the ~'est 25.0 Fee[ of sa.~d portion of Tract 25; Tracts 66 thru ZO and the East 260 Feet of Trace 7] 'LESS the~North'60.Ofeet thereof for R~ght-oF-~¢ay of Lake %.lorth Drainage D'istr~ct Canal L'-25, all said Tracts being a portion of Palm Beach Farms Company ~lat No. 8~ recorded in Plat .Book 5, at Page 73 Public Records of P~lm Beac~h. County,-:~..F) or i da. , Containing a gross acreage of 88,852 acres and 'a net of 82.627 acres. ~ P~rceL.'o~ land ~n Section 30, Township 45 SouLh. Range ~13 Eas~, ~e]m Beach Co~n~, ~loPtda, more Pa~LiCula~l~ described ~-s fotlows: Commen~'ng ~% the cen~e~ o~ said SecLion 30 run thence E~SCer}~ a]ong an assumed '.bea~ing o~ No,Lb 890 49' 00" Eas~ along Lhe East-~esL Quarter .Sec~ton.Ltne 40,00 ~ee~; ~hence No,Lb 01° 10' 26" EasL 25.00 fee; ~.o the _. PO}N'T 0~ BE~INNIN~;o~ ~ ~oad~hencereco~dedc°n~nUe~n No,Lb 01o 10' 26" East along ~he "~lght-of,WaYRecords 9fmpalm Official Record Book 2075 at Pa.]e 572, ~.Public ~each County, Florida, a distance of 1556.19 feet; thence ~orth 89~ 3g.t il East 2gS.O0 feet; 'thence North 0Io lO' Z6" .'693,00 feet to a'point in the Southerly Right-of-Way Line cf Sta~e Road ~'Ceu~ty,'~O' S-8'04 aS sam~ tS recorded in ROad Plat Book ~o. 2, at Pages 217 thru 2~0, a~d O~(c'ia) Record; North Book 89° 2077,39' Pagell,)338, Public Records of Palm Beach Fl°r(d~-"~hence East along just said Right-of_ ~a~ 7~Z,68 feet; thence South O)° Ol' 44' West 9Z8.95 feet; thence North 8g~ 4~' 2~-. East.314,gS feet; thence South O0o 59' .33" West 1283.41 feet to a PO in t ...':i n the NOrtherly Rtght-o.f-Way Line of Lake ~orth Drainage '~;..DI~tr(ct.~ Canal L~-Z5 as ~aid 2ight-of-Way is recorded in Official Record 80~ 206'3 ; ~ Pa ge 1416," Public Records of Palm B~ach County, Florida; thence cmnttnue~ Sou:h O0o 59' 22" West North 85.06 fe t49,to the Southerly Right- of-Way 'Line of said Canal L-25; thence Southerlx ~tght-of-Way Line 1280,08 fee6; thence Sou~hO0"O0°East46' along08, ICestsaid ~95,11 feet; thence .South 8go 5l' 35" West 2205.28 feet; thence North OlO "04' 28" East 5g3.Sl;".feet to a point in the said Southerly Right-or-d.lay Line of Canal L-25.; '.:.t~hence continue North 01o 04' 28" East 85.04 feet to the ~rtherl~ ~ightzof-Way; thence South 89o 49' 00" West 347.16 feet to ~he POINt. OB BEGINNING, le~s the Right-of-Way for Lake Worth Drainage Ot~rict Canal ]'.Con~mining. a gross acreage of 88,852 acre~ and a ne~ of 82 627 acres - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Recreation on the site is providing' for three community' centers, each having active and passive recreation, Mr. Annunziato informed the Board .Members, with swimming pools, a meeting room, and tennis courts. In the area north of Canal 25, there are also two active child play areas. Mr. Annunziato said it was suggested by the Recreation and Parks Director that an attempt be made to connect this property through a cut in the existing fence with the play area of Congress Middle School, which will have to be negotiated with the School Board. Access to the site is from Congress Avenue on the southeast and Knuth Road at that location. Access to the site from BoYnton Beach Boulevard was suggested against'at the time the Mode Development was approved because of the potential interference with the road which will connect Boynton Beach Boulevard with Old Boynton Road to serve as a southern entrance to the Boynton Beach Mall. The turn lanes, etc. will cause traffic problems at the northern end. Mr. Annunziatio told the Board Members that was why they did not see access north to Boynton Beach Boulevard. The application was reviewed by the. Technical Review Board and comes to the PIanning and Zoning Board with a positive recommenda- tion, subject to staff comments, as follows: Ci~ Planner: (Carmen Annular) See Memorandum atttached as page 6. Mr.' Annunziato called attention to the fact that they were recommending that the Planning and Zoning Board continue to approve the request of Charles Walker, Palm Beach County Traffic Engineer, and that the Memo of Understanding which~was approved as a part of the Mode Development shall Stand in full force except for a modificatiOn to paragraph (5) b. In lieu of~constructing an improvement, Mr. Annunziato said this would request that this developer pay the fair'~share.of impact fee on a permanent basis. Recreation & Park Dept. (Charles C. Frederick, Director) "Upon review of the development subject to our land dedication ordinance, the public dedication required is: 324 multifamily units @ .015 130 single family residential @ .018 = 4.86 acres = 2.34 acres 7.20 acres I reconm~nd that the development receive one-half (1/2) credit for private recreation facilities provided reducing the public acreage dedication requirement to 3.6 acres. i further reconmend that fees in lieu of land be provided by the developer." - 5 - .MINUTES -PLANNING AND ZONING BOARD BO NTO LORI ) M E M O RAN D U M APRIL 12, 1983 Chairman and Members Planning and Zoning Board Carmen S. Annunziato City Planner April 1983 STONEHAVEN P.U.D. The. Stonehaven Development Corporation is proposing to rezone from R-2, Singe-Family and Duplex Residential to Planned Unit Development with a Land Use Intensity = .4 an 82.63 acre tract of land located south and west of the Congress Middle School. This property extends west to Knuth Road and north to Boynton Beach Boulevard. The rezoning requested if approved will provide for the construction of 454 dwelling units com- posed of 232 two-story garden apartments, 92 patio villas and 130 zero lot line homes. Access to the site is proposed to be provided from Congress Avenue and from Knuth Road. Access from Boynton Beach Boulevard was discouraged owing to the proximity of the property to the Boynton Beach Mall entrance road intersection. The recreational features pro- posed include three community meeting rooms with pools, eight tennis courts, two children's play areas, 15 acres of lakes, bike paths and a jogging path system. In June of 1981, the Planning and Zoning Board approved a master plan over this same property for Mode, Inc. The previously approved proposal provided for the construction of 456 units in a duplex mode. The current proposal incorporates in great part, many of the comments and concerns raised by the Technical Review Board (TRB) and Planning and Zoning Board. To that end, the TRB recommends to the Planning and Zon!ng~oard and City Council that the rezoning request submitted by Stonehaven Development Corporation be approved subject to compliance with the Memorandum of Understanding dated 1/22/79 as modified by Charles Walker's letter of 3/7/83, and the memorandum from Charles Frederick, Director of Recreation and Parks, both of which are attached to this memo. CARMEN S. ANNUSWZ IATd City Planner CSA/bks Attachments - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Chairman Ryder felt the essence of Mr'. Walker's Memorandum should be spelled out. A copy of t~he Memorandum of Charles-R. Walker, Jr., Professional Engineer, Director, Traffic Division, Palm Beach County, is attached hereto as pages 16 and 17. Mr'. Annunziato read the Memorandum of Understanding. As to paragraphs (1) and (2) of 'said Memorandum of Understanding, Mr'. Annunziato advised they had been accommodated. With~regard to paragraph (3)~ he said it would have to be accommodated after construction. Mr. Annunziato read paragraph (4). Mr. Annunziato referred to paragraph (5) and wanted to talk about Knuth Road while the overlay was before the Board Members. He said Knuth Road exists as a .30 foot. palm Beadh Farms Plat road, and no rights-of-way were ever required 'from the Gallo development for Knuth Road or from the Quail Ridge development for Knuth Road. Knuth Road, in the Boynton Beach scheme of things, will serve as a collector connecting Woolbright Road to Old Boynton Road, which in effect is the southwest corner of Boynton Beach Mall. It will actually relieve Congress to some extent, and there may be some potential for connecting from Wootbright south to Golf Road, thereby providing approximately a 1-1/2 mile collector running north/sOuth approximately 1/4 to 1/2 mile west of Congress. Mr. Annunziato stated that the problem is that this applicant is in the position of having to construct Knuth Road without the right- of way. Mr. Annunziato said the City has met several times with the owners of the property to the west of the Stonehaven development and the Gallo properties and are very close to arriving at a conclusion as to what the right-of-way will look like in terms of width and the construction that might be proposed in connection with that right- of-way that will be dedicated by these various property owners. Mr. Annunziato advised that the develope~ of ~this site will have to construct Knuth~.Road and install a gravity system'to serve his property as well as the properties off site,~ which he just mentioned. Also, Mr. Annunziato said a water~.line w%tl be required to be constructed in Knuth Road through the limit of this developer's property. Chairman Ryder asked about sidewalks on the eastern side of Knuth Road. Mr. Annunziato answered that there will be a bike path on the .eastern side of Knuth Road. Chairman Ryder asked if that would be the northerly edge of Boynton Beach Boulevard.' Mr. Annunziato replied, "Yes, even though the development is set back..~' Mr. Linkous thought it would be rather limited with a 30 foot right-of- way. Mr. Annunziato advised that a 30 foot right-of-way could never be constructed to serve a collected capacity. He said they are hoping for a minimum of 60 feet~in an urban section. More generally, Mr. Annunziato said they have an 80 foot collector road right-of-way. - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Mr. Linkous questiOned whether that would be from Golfview Road down to 23rd. Potentially~ Mr. Annunziato replied, at"leaSt to Woolbright. Right now, Knuth Road, existing as a 30 foot Palm Beach Farms Plat Road does connect Woolbright Road with Old Boynton Road. Mrs. Bond asked if it did not'go back into 23rd. In part, it was abandohed'when Quail Ridge was platted south of Canal 26, Mr. Annunziato answered. In all of their planning for the developments on.the west side of Congress between ~Boynton Beach Boulevard and Woolbright, Mr. Annunziato said they have attempted to provide .for connections east/west from Congress to Knuth and then having Knuth Road serve as a north/south collector. In fact, Mrs- Annunziato continued, there is a requests, on the part of'the QUail Ridge Property Owners requesting abandonment.of that portion of Knuth Road between Canal 25-and Canal 26, which is being reviewed by the Palm Beach County Engineering Department. The Council has acted in support of the staff in suggesting to the County Commission that this abandonment'not occur,.and that Knuth Road will serve Boynton Beach. In fact, Mr', Annunziato added, it is located in part of Boynton Beach already. Mr. Linkous asked Mr.' Annunziato what he would consider the minimum efficient width for a collector. Mr. Annunziato answered, '60 feet." He told Chairman Ryder .the paved area for two lanes would be 24 feet, and Where you have~to gQ in~o ~a 'turn'.lane ~'~ section, it would'be 36 feet. Then you have your sidewalks, curbs, etc.~ Mr. Annunziato advised you do not want to have a collector which carries that kind of traffic located very close, so the separation, of right-of-way offers a buffer. Mr. LinkoUs referred to south of this same project, at the northwest corner of 23rd and Congress and the Tate property. Mr. Annunziato explained that the~Tate property does not abutKnuth Road. There is an intervening 20 acre parcel-but they have provided for an east/west thoroughfare through the Tare property. Because of the failure to take down rights-of-wa~ in connection with the northern Quail Ridge plat, Mr. Annunziato said the center line of Knuth Road will move east. Mr. Linkous noted Mr. Annunziato mentioned there were negotiations for additional rights-of-ways from Gallo and the subject .property. Mr. Annunziato replied, "Yes." Concerning the request for.rezoning from R-2 to this particular PUD, Chairman Ryder pointed out that they were going from an area which~_presently permits a density of about 10 units to the acre. This will result in abOut 1/2 of that density or a little over 5. Chairman Ryder commented that Boynton Beach is trying to keep within reasonable bOunds. Concerning the noting of l~kes/ Mr. Annunziato was sure it was no surprise to everyone that they are now in the very deep muck stream. They will see lakes in the properties north and south. -- 8 '-- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA April 12, 1983 Mr, Linkous assumed the Technical Review Board discussed the right-of-way. Mr.. Annunziato said as it stand.s, the right-of=way, which is more or less left to Charles Walker~ County Traffic Engineer, of 80 is preferable to 60, but when you get in the area of the Gallo property, you are talking about commercial property.. He thoUght the County would have to ~respond by saying they will not reduce the ability to build On the property as a result of the dedication] Mr. Annunziato said there are those kinds of things going on, and it appears that it is working. Mr. Ned Marks, Architect and Planner, Satter Company, 2330 South Congress Avenue, West Palm 'Beach, Florida, told the Members~of the Board there are 130 lots that are single family. He-stated that they are not sure it is going-~to belzero lot line. What they are moving to today in the new developmentS is smaller lots. Mr. Marks informed Chairman .Ryder there is a posSibility they may go one way or the other. It depends on product line, and they are trying to p~oject ahead. They are talking 198'4. Mr. MarKs explained that it is sort'of difficult now.. They have a good idea of the direction they will go in the product tine but how they will cluster or exact floor plans are still in the develop- mental stage. Generally, they will have it mixed, Mr. Mar~s replied to Chair- man Ryder's question, and the portion they now'indicate. Mr. Marks felt it was an intelligent approaeh~to offer a variety of living u~its in term~Of .a variety.'ofi'~life~-stYles. He said they want to take an intelligent approach .to that in marketing and development work to offer a ~variety of flexibility in move~ ment, particularly in the pricing' of affordable housing where theY take people from one price range and give them flexibility. Chairman Ryder asked what the width was of the main~thoroughfare. Mr. Marks believed the spine road'is a 60 foot right-of-way. At this point, theyare considering that a private street. At this time, there is no. Consideration of any dedicated streets within the development, Chairman Ryder asked. Mr. Marks replied, ".No." He said they are going to have walks. Mr. Marks said they intend to do some streetscaping. He felt in the past their Satter properties developed so quickly, they fell short in some areas of streetscape. Mr. Marks said the Members could see some of the amenities they are affording the inhabitants, and he mentioned the lakes, recreational area, walk- ways, and places to sit. He said they were going to try and implement some of those ammenities. Mrs. Bond asked if it was a condominium .type of development and said she thought she heard the word "children"'before. Mr. Marks informed her that there are three different communities. The single family homes are naturally family oriented. The - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 patio homes also can be either a single family or a young family with or without children. The garden apartments could, also be the same way but, usually, you find a. lower percentage of family oriented people going into a smaller garden apartment type of condominium. Mr. Marks told Chairman/Ryder the floor area~of the garden apartments would roughly be about 1,000 to 1~100 square feet consisting of' two bedroDm, two bath units, which seems to fit the needs from young families to retirees. Vice Chairman Winter inquired about the two story, eight families. Mr. Marks clarified that was an eightplex (four un~ts with four units above). From an economical approach, he said they would be investigating that unit in the very near future to see how it goes. Vice Chairman Winter noted Mr...-Marks was~saying 4,000 square feet on each floor of the .eightplexes. Mr. Marks said that was cOrrect. Vice Chairman Winter was thinking about the scale and did not think it was very logical. Mr. Marks was sure-that was the scale. Chairman Ryder said apparently~ they were'in accord with the requirements, particularly from. the.County with regard to access and the impact fee or equivalent. As far as he knew, Mr. Marks replied, "Yes,~" from his standpoint as Planner and Architect. Chairman Ryder Said it was a policy the City has.had in effect for quite a while. With the Mall and other improvements coming along, apparently~ mn this regard, Chai-rman~RYder thought the County preferred'tO do this. Hopefully, the~ are going ko widen Congress Avenue. Mr. Marks commented that was understood. Chairman Ryder announced that this ms a public hearmng. He asked if anyone wished to speak in favor of the rezoning. John R. Eck, 1373 Partridge Place North, Quail Ridge, Boynton Beach, Florida 3343'6 informed Members of the Board that 'he is the current Chairman of the County and Community Affairs'Committee of Quail Ridge, which was the reason he was here representing Quail Ridge as an abutting or adjoining property owner. For his own clarification, Mr. Eck w~ished to ask a couple of questions. He gathered that the reason for the rezoning request was because of the addition of the single family homes, which was not in the original plan. Mr. ~Annunziato answered that the reasons for the rezoning are several, tn the prior zoning classi- fication, garden apartments were not permitted. Secondly, zero lot line housing is not permitted. Chairman Ryder interjected that it was primarily a duplex arrangement previously. - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Mr. Eck questioned whether the density of the property had exceeded the limits for or since. Chairman RYder answered, "Correct." Another point for clar±fication Mr. Eck brought up was whether the patio homes were all one story-. Mr. Marks said that was correct, and the single famity'homes are all one story. Mr. Eck asked if the garden apartments will be two stories. Mr. Marks replied, "Yes. That is correct." Mr. Eck had a copy of the drawing so he knew~their general loca- tion. With relation to Quail 'Ridge on the west~ Mr. Eck ~uestioned if the garden apartments were far enough east from Quail Ridge's common boundary (mainly Knuth Road) so that' they would not present any visual'undesirable view from the current residents of Quail Ridge. Chairman Ryder advised that they were several hundred feet w~st of. Congress Avenue. Mr. Annunziato said it would be something like in the nature Of 600 .feet or two city blocks. Mr. Eck heard some reference to an impact fee but did not hear hoW much it was. Mrs. Bond adVised that it was $97,325. Mr. Eck asked if there was any specification as to how that impact fee would be used~ He told Chairman Ryder one of_the reasons he raised this was because of the meeting last night with Commissioner Koehler. As impact fees are imposed, it seemed'to Mr. Eck that the sense of the meeting last night was that to the degree sensible, they ought to designate as much impact fee as possible for the widening of Boynton Beach Boulevard to help relieve the severe traffic problem. Chairman Ryder admitted the CiZy does get some benefit'from Boynton Beach Boulevard. He Pointed outTthere is no direct access on Boynton Beach Boulevard (just Knuth Road). Chairman Ryder said the impact fee is based on whatever it costs t° widen the roadway. In this case, they will eventually have a four lane roadway on Congress Avenue. In ~this case, rather than have the developer do the widening, Chairman Ryder said the County would prefer to get the money because they want to do some additional work on Congress Avenue. The present widening stops, abOut at the school, and does notgosouth.o,f ~that~ .Mr. AnnUnziato saidtheexpenditu~e of%hesefunds that go.~into theCounty Traffic Zone Escrow:Account would then be negotiated with the City Council and the County Commission. Mr. Eck asked if he could infer frorg, that that none of these impact fees go to the widening of Knuth Road. Mr. Annunziato replied that none of these impact fees go to the widening of Knuth Road. Knuth Road is a requirement of the site over and above the impact fee. Because of the meeting last night, Chairman Ryder could see that Mr. Eck was conscious of the impact'fee. He said it was brought up that it was unfortunate that it did not prevail generally along Boynton Beach Boulevard from Congress to Military Trail because all of the Drexel developments along there substantially preceded the institution of the impact fee. That was the way Mr'. Eck under- stood it. - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Mr. Eck thought~he heard some comments that Knuth Road is being looked upon as a collector road and will ultimately connect With Woolbright and Golf Road. Mr. Annunziato confirmed that Mr. Eck heard correctly. Mr. Eck pointed'out that part of Knuth Ro'ad has been abandoned because of Quail Ridge' way back. Mr. Annunziato Said if Knuth Road is to be connected southward from Woolbright Road to Golf Road, it could not follow in a straight north/south course. Mr. Eck said it would be a jog. ~Mr.~ Annunziato stated that it would jog through~>Woolbright Road. ~Me added that both legs could connect to Woolbright~Road,' approximate~z 600 or 700 feet apart. On the lower left hand of the drawing was~a little schematic, Which Mr. Eck did not think the Members CoUld see. Mr.. Annunziato said they could look at the annexation map~ which would show the municipal limits. Mr. Cannon pointed~out the location of Knuth Road, between Boynton Beach Boulevard and WoOlbright Road. If there is going to be a p~btic right-of-way, Mr. Annunziato said it would have to be Woolbright Road and GOlf Road~ between Quail Ridge and Congress. He said it would-be somewhere within the municipal limit and, therefore, not center line to center line. Mr. Annunziato said that potential was lost when Quail Ridge platted several years ago. Mr. Eck wanted:to make sure there was no misgiving about that. Mr. Annunziato assured him there was no misunderstanding. South of any Woolbright extension, Mr. Eck said the original straight line of Knuth is now completely abandoned due to Quail Ridge. Mr. Annunziato agreed. Mr. Eck pointed out that Knuth would have to be relocated. Mr. Annunziato commented that it would be off center. Mr. Eck further a~ked~.if-qhey they go to the north of. any Wool- bright extension of Knuth Road, is that'determined~to~uttimately be a possible necessity. Mr. Annunziato asked if he was talking about the leg of Knuth ROad between WOolb~ight and Boynton Beach Boulevard. Mr. Eck replied, "The southernmost part of that~ not to Golf Road. North of Woolbright." Mr. Annunziato asked if Mr. Eck was talking about that part of Knuth"Road~ which is adjacent to Quail Ridge. Mr'. Eck answered, "Yes." Mr. Annunziato told Mr. Eck that was considered to be a necessity. Mr. Eck asked if there was any land that gets landlocked. If Knuth ran as far as Boynton Beach west, south!to the entrance of this development, and suppose that 'is all the further Knuth went fr0m BoyntQn Beach Boulevard going south to the entrance to this new development, Mr Eck asked if that would tandlock any land in there. Mr. Annunziato informed Mr, Eck that there is a 20 acre parcel which joined in the application for abandonment that was submitted to the County Commission, which KnUth Road would serve. Mr. Annunziato said that property also could be served from Woolbright Road. What Mr. Annunziato 'was saying was that City Council reacted to this issue by supporting the City staff~and recommending to the County Commission that the abandonment request should be denied at thiS time. - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNT©N BEACH, FLORIDA APRIL 12, 1983 Mr. AnnUnziato expressed that the City staff feels in their planning that Knuth Road will, in fact, carry traffic. Chairman Ryder Said the Board has had applications for developments along the south side of Woolbright, going west from Congress Avenue in the direction~ of Quail Ridge, so the City is apparently eventually going that way. In 'the event there shOuld be a continuation of Woolbright Road connecting with Military Trail, Mr. Linkous commented that then Knuth Road would be extremely important to the City as being a collector road or a major from the shopping center (with the big mall going in). Hopefully, Mr. Eck said it would not happen but if it does, he would have to agree that Knuth could be a link. Presently, Chairman Ryder said you go all along Boynton Beach Boulevard from Congress. to Lawrence Road before you 'have any kind of a north/south traffic, and..that does not go all along in a southerly direction. He thought they should consider what they are going to do with this particular proposal.~without conjecture about what might happen. Mr. Mauti said this was-~like what Quail Ridge did when they had access on the northend of their development off of Old Boynton Road, using Knuth. Mr. ~Eck agreed~ Mr. Annunziato stated that WoOlbright Road, more or likely, will be developed sometime in the future from Jog Road to the ocean, -with an interchange at 1-95 to serve Congress, four lanes east of Congress, and there is scheduled to be four lanes west of Congress. There is a shopping center developing at Woolbright Road and'Military Trail now, which is served by Woolbright Road. Because Woolbright Road is the only arterial and potential to 'relieve Boynton Beach BOulevard between Boynton Beach Boulevard and Atlantic. Mr. Eck"concluded by 'saying the people in Quail Ridge think, this is a pretty nice development and take no exceptions to it. Lowell Bennett, 400 S. W, Golfview Terrace, Boynton'Beach, spoke both as an abutter-to this development and as a Director of the Leisureville Community Association. Mr. Bennett read a letter from Palm Beach Leisureville Community Association, Inc., dated April 5, 1983, addressed to the Boynton Beach Zoning Commission, which substantially states their position regarding-this development. A copy of said letter is attached hereto as pages 14 and 15. Mr. Bennett then referred to the Memorandum attached hereto as ~pages 16 and 17. "This construction shall conm~nce prior to the issuance of the Certificate of Occupancy for the 229th unit in this development. This construction shall be completedprior to certificates of Occupancy being issued for 60~ of the units (275 units)." - 13 - miNUTES - PLANNING AND ZONING BOARD ~ APRIL 12, i983 PALM BEACH P~ONE (305) 732-7474 ~II-~a~a~--~S"~ COMMUNITY ASSOCIATION, INC. ' 1007 OCEAN DRIVE / BOYN'TON BEACH, FLORIDA 334-~5 April 5, 1983 Boynton Beach Zoning Commission P. O. Box 310 BoyntonBeach. '.,?~orida 33435 Gentlemen: {~ reference to the Stonehaven P.' U, B. located West of Congress Avenue and South of Bqynton Beach Blvd., the Palm Beach Leisureville Board of Directors is favorably impressed with the overall plan. The Setter Architectural and Engimeering Group, Inc. has presented a welt designed plan-for the developement and we would welcome them to our area. We ~are, however, deeply concerned in' regard to the traffic'pattern ~h'own on ~he overaI!, plan for'the developement. The plan calls for an entrance -onto Congress Ave.. approximately'300 feet South of theL-25 Canal,' and approximately midway between~the Canal and S. W, Golf Lane. The only '°the= ' entrance would be on 'the West' side of the developement onto Knuth Road. It is our unde<standing that the developer will pave Kmuth Road. tt is our opinion that the majority of the residents would find the Congress. Ave. entrance the most convenient. Presently Congress Ave. is a high traffic area, especially during the early morning and late afternoon hours. We can anticipate that the traffic williinm~ease substantially upon the completion of the Boynton Beach Mall the Motorola Plant. ' ' ' ~ -~e plan presemtly shows the addition of a right and a left turn lane ~or access to the developement from Congress Ave. and no changes for access from~-~B~yntom Beach Blv~, to Knuth Road. We further anticipate that the pr~pose~traffic pattern would encourage motorists to use S. W. Golf Lane' and othe=Leisureville Streets as access to Boynton Blvd. and Woolbright Roa~. Mase~ on a telephone conversation with Mr. Charles R. Walker, Jr., Director of Traffic Division, Palm Beach County, it is our understanding - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 that there are presently no specific plans to widen Congress Avenue in the concerned area and it may be several years before such a project will be considered. We, the Board of Directors of Palm Beach Leisureville Community Association, encourage you to approve the Stonehaven Po U. D. project with the proviso that the traffic pattern be restudied and that a more satisfactory plan to handle the traffic be submitted and appr'oved, subject to the same conditions specified in the Palm Beach County Traffic Division Memorandum dated February 6, 1979, and addressed to Mr. Ronald Corbit for Mode, Inc. relative to start and finish of the road modification~ Very truly yours, Palm Beach Leisureville CommunityAssociation, Imc. Board of Directors Pres ident W. Buril Barclay, Vice P~sident Lew K. Ferna~d Lowell: Bennett . ~ ~omas Stanley ~ Petersen - 15 - Board of County Commissioners Peggy B~ Evatt, Chairman Bfll iSailey; Vice-Chairman Lake Lytal Dennis P. Koehler Bill Medlen February 6, 1979 County Administrator John C. Sansbury Department of Engineering and Public Works H. F. Kahlert County Engineer MEMORANDUM OF UNDERSTANDING BETWEEN PALM BEACH COUNTY AND 'MR. RONALD CORBIT~ D~VELOPER OF DUPLEX DEVELOPMENT FOR MODE, INC., BOYNTON BEACH, FLORIDA -- It is understood that the Developer of Duplex Development. for Mode, Inc. will construct or provide the following improvements to help offset the traffic impact of the development on the public roadway .system. (1) Dedicate an additional 10 feet o.f right-of-way along Congress Avenue, p~oviding for a 60-foot half right- of-way. (2) Dedicate an additional 7 feet of right-of-way along Boynton West Road providing for a 60-foot half right- of-way. ~ (3) -Construct a left turn lane on the south approach of 'Knuth Road at Boynton West Road. (4) Construct a left turn lane on Congress Avenue at this development' s access point. (5) At the Developer's choice, provide one of the following two requirements: Pay a fair share amount of $97,325.00 to Palm Beach County in order to offset the impact' of the traffic demand which this development will create on the road network. Construct an additional two lanes of' roadway with curbed median on Congress Avenue, including the bridge over LWDD Canal L-25, to the County's satisfaction for a dis- tance of 600 feet centered about the'development's en- trance. This construction shall commence prior to the issuance of the Certificate of Occupancy for.the 229th BOX 2429 - 16 - WEST PALM BEACH. .FLORIDA 33402 (305) 684-2460 '~E~ORA~DU~ OF UNDERSTA~-NG BETWEEN CO~I~, D~LOPER OF ~P~ D~~ FOR MODE, ~C., BORON B~CH, FLORIDA February 6, 1979 Page 2 b. cont'd unit in this development. This construction shall be completed prior to Certificates of Occupancy being issued for 60% of the units (275 units). The developer shall supply a detailed set of construction plans, acceptable to the County Engineer, for this proposed construction. The developer will post ~ bond or letter of credit in favor of Palm Beach County for an amount equal to 110% of a certified engineer's estimate of the cost of the Congress Avenue improvements. This bond or letter of credit will be furnished prior to the issuance of the 100th Certificate of Occupancy by the City of Boynton Beach, Florida. If Government 4 lanes Congress Avenue in this area pridr to' the developer completing 50% of the project, then the de~eloper will pay to Palm Beach County an amount equal to the engineer's certified cost estimate on which the bonding of these improvements to Congress Avenue was based. These monies 'shall be paid prior to the completion of 60% of the units in this project. The Developer hereby commits to accomplishing the above improvements, and it is understood that this Memorandum of Understanding and attached typical section print for improvements to Congress Avenue will be made a part_of the~recor~s of the Boynton Beach City Council meeting of February 6, 1979. It is axso uncer- stood thCs_the bridge over the LWDD Canal L-25 shall be a duplicate of the exist- ina br~d~o~Congress Avenue o~e~same ca~al. - Ronald Corbitt, Developer Date Duplex Development for Mode, Inc. Charles R. Walker, Jr., P.E. /Date Director, Traffic Division - Palm Beach County - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Mr. Bennett stated that they feel rather strongly about this and, on a prior occasion, ~requested the County Traffic Director to review the speed limit on Congress Avenue. Currently, in that area it is 45 miles per hour-which, in their opinion, is a little fast. If the plan to take care of the traffic on Congress Avenue is done per the overall plan submitted, Mr. Bennett said the left' turn lane for northbound traffic on Congress Avenue will overlap the existing left turn lane for southbound Congress Avenue traffic turning onto southwest Golf Lane. Mr. Bennett told Members of the Board they feel there is an area there, that can only lead to greater'congestion, and it should be reviewed on the basis of today's existing traffic and not one necessarily upon one that was established in 1979. Further, Mr. Bennett said the condominium in Leisureville directly north of the L-25 Canal has only one entrance, and it is directly onto Congress Avenue. It cannot help but be inconven- ienced by the additional traffic with no changes other than those currently specified. Mr. Bennett commented that they are favorably impressed with the plans and~he company. If a solution can be found to the traffic problem on Congress Avenue, Mr. ~ennett said they would give this development their 100% support. Chairman Ryder pointed out that a lot of the problems were due to the fact that they had deficiencies as a result of the Leisureville Development not making provisions for left turns and the condominium coming directly out onto the road, which should have been taken care of by Mr. Campanelli. Mr. Bennett noted in the 3-1/2 years he has been a resident of Florida, the area has changed substantially. There has. been such a tremendous grow~h~ he would not pretend to tell anyone what they should have done ten years ago. Chairman Ryder said Leisureville has been a concern. He thought the City Council had been particularly interested in seeing that whatever is built around a perimeter is compatible with what the City has. Venetian Terrace started out as a commercial enterprise, and they have something now that does not impa~t as a disadvantage to Leisurevilte. 'Chairman Ryder further reminded Mr. Bennett that the City has gone to court with Cumberland, who wants to go in front of the bowling alley, on behalf of Zhe apartment owners, so the City is concerned about .Leisureville. Mr. Bennett agreed with Chairman Ryder and.said they had no intention of stopping growth. However, he thought the safety and welfare of all of the citizens in the community are involved in this project. He was disappointed in the COunty Traffic Depart- ment when they refused to make any change after reviewing the 45 mile speed limit. Mr. Bennett felt if any of the Members tried to get .access onto' Congress Avenue during the peak rush hours, they Would be sympathetic to their problems. Chairman Ryder agreed it is a problem. - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 At this point and time, with the Boynton Beach Mall coming in, Motorola., and Stonehaven PUD (which they welcome), Mr. Bennett said they were saying the time to correct the traffic situation is now, not at some date in the unforeseeable future. If they had been able to go to-Charles Walker, Director, Traffic Division, Palm Beach County, and have Mr. Walker tell him he had firm plans to take care of this situation in one or two-years., then Mr. Bennett said they, in turn, could~give their wholehearted support for this project but, according to Mr. Walker, there' is no definite date. Mr. Walker assuredMr. Bennet~~ that they are widening Congress Avenue north of Hypoluxo Road, which did not do them any good. Mr. Bennett' repeated that the traffic situation should .be changed. He said there may be financial or other reasons why it is absolutely impossible to do it at this time or. within 12 to 18 months, but Mr~ Bennett did not think that relieved~ Leisurevitle of the responsibility of Investigating the possibilities of it. Mr. Bennett lives backing onto Congress Avenue. The traffic does not cause him any inconvenience except for the noise. He sees people lined up in lines four and five blocks long, and. could imagine what is going to happen when they put in-the proposed entrance to Stonehaven, adding only a right turn lane and a left turn lane. He felt the additional traffic would be more than that simple adjustme~t~can handle. Mr. Annunziato, City Planner, was aware of what Mr. Bennett said. He thought the issue had to do. with the amount of frontage of the project on~ Congress Avenue and the proximity of that with the road to the southeast and the canal across the north. It appeared to>Mr~ ~Bennett, frOm~the ~overatl. plan'-~and from pacing off_the~ distances~concerned, that'the left tUrn'lane for northbound traffic would virtually wipe out-the existing left hand turn. Chairman Ryder thought that was an important consideration that needs some attention and should be studied. Mr. Annunziato advised Mr.'Bennett that the issue of traffic on Congress was something that would have to be resol~ved by local government (Municipal, County, and perhaps even State) as it is a big issue. Chairman~Ryder referred to Quail Ridge, Limetree, and. Bent-Tree where they have two lanes and right.and left turns. He said money is the key factor. As there was no one else wishing-to speak in-favor of the rezoning, Chairman Ryder asked if anyone wished to speak in opposition to the rezoning. There was no response. THE PUBLIC HEARING WAS CLOSED. Mr. Annunziato thought perhaps Chairman Ryder would want to address the nature-of the~Left turn~lanes to the applicant's engineer. - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Mr. Fred Roth, Civil Engineer, Satter Company, informed the Members of the Board that they had not done a 'lot of investigation into the left turn movement, but it was something tha~t would have to be taken care of in the final design. Basically, what they have done to date is to just get the criteria from the County 'Traffic Division. Mr. Roth said the turnout will eventually have to be coordinated and permitted through the County. Their Engineering Department, as well as Mr. Roth, will have to do whatever studies are necessary to determine the proper movement's in that area. The only thing Mr. Roth could do was to assure the Board that at the time the plan ms actually developed, there will be permitting that will require that there be no detrimental cross traffic in that left turn area. On the Memorandum of Understanding (pages 16 and 17), Mr. Norem questioned whether the County was actually asking them to do (5) a rather'than (5) b. Chairman'~Ryder explained that the County wants the,~'money ~ather_than ~ha~±ng '~the developer do it. Mr. Noremasked if the same figure that was in existence four years ago still stands, today. Mr. Annunziato answered that it would be based on the current County impact fee, which is $200 for an apartment and $300 fora single~.£amily home. He believed that was correct. Mr. Annunziato clarified .that~it all depends on the configuration. If~the ~single family_homes are~'built detached, they will be single family homes. If they are built attached, which potentially could happen on the zero lot line, they will probably be considered multiple family units. Mr. knnunziato estimated it would be somewhere near $90,000, more or less, if not exactly $97,000. Mr. 'Linkous asked if $97,000 would then be allocated to widen Congress. Mr. Annunziato answered that it would be put into an escrow account in connection.with this traffic zone. When the CoUnty InterlocalOrdinance was drafted, Mr. Annunziato said each traffic zone had an escrow account created with it, and the dollars Collected~in that traffic zone go into that escrow account for expenditure in that area. He thought Boynton Beach Boulevard and Congress Avenue are both in this traffic zone and said it could be an overlapping of funds. In addition to considering the staff requirements, Chairman Ryder pointed out that it was important for the Members to also include the Memorandum of Understanding with regard to the roadway improvements.. Mrs.. BOnd asked if they could add that the traffic pattern be restudied. Chairman Ryder thought it would be done anyway and thought it was important to point out that there is a problem with the left turns at Golf Lane and the proposed one. Mr. Annunziato wanted to recommend to Mr. Roth or the Satter Company to prepare an analysis for the Council's review, as he thought the Council would be concerned about this issue. Mr. Annunziato thOught it was incumbent upon the applicant to at least explain to the COuncil how this problem can be mitigated. Mr. Linkous asked if it should not inject Knuth Road to be - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 reviewed also. Mr. Annunz±ato replied that the issue of Knuth Road is somewhat settled in that it needs to ~be constructed to serve this property. In his recommendation,'Mr. Annunziato would prefer that Knuth Road be given with the project.. He advised that it is part of this project, and there is no way-to veer from that. Mr. Linkous moved to approve the Stonehaven Planned Unit Develop- ment subject to the review by the engineers of the Satter Company in conjunction with Charles R. Walker, Jr., ProfessionaI Engineer, Director, Traffic Division, Palm Beach Count~ and his Memorandum of Understanding dated February 6, 1979 with regard to roadway improvements, and subject to staff comments. Mr. Hester seconded the motion, and the motion carried 7-0. Chairman Ryder acknowledged the presence of Steve Cohen, Sun Sentinel, saying the Board missed him. SITE PLANS (1) PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Warehouse Facility for Coral Industries Robert R. Kipp, Jr. Robert R. Kipp 1365 Neptune Drive Construction of 22,480 sq. ft. warehouse to include ancillary office Chairman Ryder informed the Members that this is an M-1 location on South Congress Avenue. Tim Cannon, Assistant City Planner, said the plan came to the Planning and Zoning Board with a positive recommendation from the Technical Review Board, subject to staff comments. Mr. C~nnon said the site plan was for a 22,480 square 'foot warehouse building to be constructed on a 1.24 acre site. Mr. Cannon indicated the building, the lot, Neptune Drive, and said Congress Avenue and Hunters Run are about 900 feet to the west of the property. Mr. Cannon poi~ted~to the parking on the northend of the property and southend of the property. He said there would be one entrance drive. Mr. Cannon also showed the location of the dumpster and said the applicant is going to construct a fire main and a fire hydrant. There will be a sidewalk along-Neptune DriVe. Mr. Cannon read the staff comments as follows: Building Dept. (Bert J. Keebr, Deputy Building Official) '"l. Railing ~will be re, red on both sides of the handicap ramp. 2. Handicap signs will be required. 3. (Crossed out and deleted bY Bert Keehr, Deputy Building Official.) 4. Construct sidewalk thru. driveway." - 21 - MINUTES ~ PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 City Engineer: "Subject to submitting elevations at the east building line." Utilities Director: "Pm Police Department: " tc Robert R. Kipp, Jr., 2 told Chairman Ryder he the staff and had no p Mrs. Bond moved that t Coral Industries be a~ Wandelt seconded the ~ (2) PROJECT NAME: Tra AGENT: Cha OWNER: Su~ LOCATION: Su~ DESCRIPTION: Con Mr. Cannon advised' the Planning and Zoning Bo Technical Review Board is for the constructio eight acre site. This Summit Drive, immediat Mr. Cannon indicated t Drive on the overlay. in the center of the 1 The only staff comment which is attached here Mr. Charles N. Gilbert familiar with the Memo Utilities. He advised been in conference wit Cessna can agree to go indicated on the plan, other words, after th~ conference. Chairman Ryder assume( they will have an indi the Board had here now )vide easements for water line." ~ce stop sign on right side of exit," as opposed the left side. 210 N. W. 10th Place, Delray Beach, Florida, was aware of the recommendations made by r0blems with them. he site plan for the warehouse facility for Proved, subject to all staff comments. Mr. otion, and the motion carried 7-0. ct "K" at Hunter's Run Golf and Racquet Club rles N. Gilbert mit Associates, Ltd. mit Drive, East of "The Woods" struction of 25 single family homes Members that thiS site plan comes to the Lrd with a positive recommendation from the subject to staff comments. The site plan of 25 single family, detached homes on an would be located on the south side of ely to the west of the clubhouse. he Hunter's Ru~ Golf Clubhouse and Summit He showed the pool and pool house located oop. was from'the utilities Department, copy of to as page 23. , 35-C Southport Lane, Boynton Beach, was randum of Perry~A. Cessna, ~irector of that their Engineerl Conrad Schaefer, has h Mr. Cessna. They have worked out that Mr. along with the way the sewer lines were despite Mr. Cessna's Memorandum. In Memorandum, Mr. Gilbert said they had a that when it comes before the Council, cation of this solution Other than what Mr. Annunziato suggested it be approved, subject to staff .comments, and said Mr. Cessna will be present at the City Council Meeting. Chairman Ryder said the Board would take Mr. Gilbert's word for it but pointed out that the City Council will ha~e~to.be satisfied. - 22 - MEMORANDUM TO: Mr. Carmen Annunziato, City Planner RE: Pod "K" Site Plan - Hunter's Run April 5,1983 I am returning the site plans marked in red on sheets 4 & 5 with corrections to be made. For the record, on the sewerage collection system, they can use double services instead of single services and move them in such a manner that they are not up against the driveways. The sewer, line should be connected to the existing manhole in the "Woods" pod and run directly across between building 15 & 17, in ductile iron pipe. In running between these buildings there must be at least I0' from any structure and there must be an easement for this line with a hold harmless clause. The present layout from manhole 3,2 & 1, over to the "Woods" manhole is not acceptable as we have noway to get into service these lines along the golf fairways. Also note, ~n the plans that manhole ~4 is located in such a manner that we could not work on it with our equipment. This should be re-%oca.ted so it is in a street right of way so our trucks can work in that manhole. On sheet 5 of 6 - the line running to the south across the golf course should not be installed and the existing line going back to Pod "M" should be cut and plugged at the MJ valve with a truss block. The line running in front of lots-20,22 & 24, cuts very deeply into property which will be landscaped. Therefore, this line should be laid out to keep immediately adjacent to the street right of way. Also, please note that at five points, APC markers will be re- quired where the bends are placed for our convenience in locating these points. Further, in all cases, these lines which run across the golf course and in back of buildings should have-an easement with a hold harmless clause so that the City does not have to re-store the gOlf course or shubbery if and when we would have a problem. apt Pe~. ~rry AY Ce~ssna~4~ Director of Utilities - 23- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Mr, Mauti asked Mr. Gilbert why he could not get a letter from Mr. Cessna to that effect. Mr. Gilbert answered, "Because this happened yesterday." Mr. Annunziato .said there was no question that the utilities would work themselves out. Mr. Wandelt moved, seconded by Mr. Linko~s to approve the site plan of Tract "K" at Hunter"s Run Golf and Racquet~Club for the construction of 25 single family homes, subject to the staff comment and the Utilities Department approval. The motion carried 7-0. (3') PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Modification to Tract "A" at Hunter's Run Golf and Racquet Club Charles N. Gilbert Summit Associates, Ltd. summit Drive, west of ClUbhouse Drive Delete two units and ancillary parking from previously approved site plan Mr. Cannon informed the Members that the'site plan comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board, Subject to staff comments. The location of the modified site plan is on the south side of Summit Drive, immediately and adjacent to the drive. What the Members saw was just part of the entirety of the tract. Mr. Cannon indicated the indiVidual dwelling units on ~the overlay and the only two dwelling units that were going to be mOdified. Mr. Cannon read from the. site plan that the site was previously approved August 4, 1981. That approval was for two, two story buildings, each with four units, for a total_of eight~units and 16 parking spaces.' This requests approval of one two story building with four units and one one story building with two units for a total of six units and eight parking spaces and two carports. The 'only staff comment was from the Urban Forester, as follows': FOrester/ Horticulturist: (Kevin Hallahan) "The above applicant must su~nit an indication of which trees in the area will be preserved. These trees must be clearly delineated as to species, height and diameter (approximate), as well as quantities of each type. Those trees which will be removed due to construction must also be noted. The survey should give an approximate number of each species that will~'be preserved after construction so that the inspectors can make an accurate count of the trees. The preserVed trees must also be protected by a visible wooden barrier. Mr. Annunziato advised Members of the Board that Mr. Hallahan, as of the beginning of the month, is now a full-time staff member. What they are doing is trying very hard to define their review with respect to tree preservation. In fact, the City staff will present the plan to the Community Appearance Board if it does not - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 have a complete and accurate tree survey. Mr. Annunziato said Mr. Gilbert is aware of this. They had the same problem with Tract "K" They completed their resubmission for Tract "K!' and are now working on this modification. Mr. Annunziato said this is the kind Of review they hope to be able to provide to the Community Appearance Board. Mr. Gilbert had nothing to say. Mr. Mauti moved to approve the site plan, subject to the ~staff comment. Mr. Hester seconded the motion, and the motion carried 7-0. Mr. Annunziato further informed the Board that Mr~ Kevin Hallahan, FOrester/Horticulturist is supervised by Charles Frederick, Director of Recreation and Parks. SUBDIVISION PRE-APPLICATIONS (1) PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: The Townclub of Boynton Beach Kilday and Associates Townclub of B~ynton Development Corp., Inc. N. E. 4 Street - 233' north of N. E. 16 Ave. Proposed 1.04 dwelling unit, multi-family subdivision Chairman-Ryder informed everyone that this particular site is immediately to the west of the Boynton Trailer Park. Mr. Cannon said the plan.came to the Planning and Zoning Board with ~ positive recommendation from the Technical Review Board, subject to staff comments. The subdivision pre-application calls for 104 two story condo- minium units to. be built on a 9.8 acre site. This site would have an overall density of 10.6 dwelling units per acre. Mr. _-Cannon indicated the location of the dwelling units on the overall. He thought there was a recreation facility, pool, tennis courts and said the remainder is open space and parking lots. The Boynton Beach Trailer Park is immediately east of the pro- posed development; the Four Seasons Nursing Home is immediately to the west of this location,-and then there is some vacant property to the west of the northern end of the property. Mr. Cannon informed the Board Members't~at there is sewer in N. E. 4th Avenue and indicated the location. He said there is water extending to the southeast corner of the property.. The only staff comment in this respect was from the Planning Department, as follows: - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Planning Dept.: (Carmen S. Annunziato, City Planner) "Pre-application for the Townclub of Boynton Beach is recon~nded for approval subject to the following: 1. Dedicate NE 4th Street as a 60' right-of-way. 2. Redefine parking areas to elin~nate dead-ends, where practical. 3. Extend NE 17th Avenue and provide for the constr~ction of same. 4. Provide funding for the City in connection with an analysiS of the capacity of a municipal p~np station which services this property." With reference to paragraph 1, Mr. Cannon said the applicant would have to dedicate the 60 foot right-of-way all the way through and construct it all the way through. He referred to the dead-ends in paragraph 2 above and said the applicant will have to improve that internal circulation pattern. Mr. Cannon indicated where N. E. 17th Avenue would come through. He told Members of the Board that the pump station mentioned in paragraph 4 is located to the south of the property, and the applicant would have to have an analysis of whether that pump station could service the capacity of the development. Chairman Ryder commented that the ar~ea ms completely undeveloped and looks tike a suitable location for this 'type Of thing, taking into consideration-the zoning category in-this instance. Vice Chairman Winter asked~ about the tennis courts. Mr. Annunziato said the tennis courts-will have to be relocated~ some place else. Mr. Annunziato explained that the pre-application review is for the benefit of the staff, Planning and Zoning Board, and the applicant to determine the kind of requirements and locational criteria which ~apply to the s±te~. In this instance, they have N. E. 17th Avenue, which abuts the property from the west and terminates there. N. E. 4th Street, which is public north and south of here is private inbetween. In fact, it is fenced at the' south, and there are speed bumps. With regard to the pump station, Mr. Annunziato said Mr. Perry Cessna, Director of Utilities, thinks there~may be a. problem with capacity there~ and there are several engineering'ways to overcome that problem if it exists. Mr. A~nunziato said the issue here is that needs to be studied and recommendations prepared for the City. He told Members of the Board that was the kind of review, as well as whether or not this is the appropriate use for this location. He added that there are condominiums existing and proposed to the west of the west property line. Chairman'Ryder pointed out that extending 4th Street will be a continuation of what they have on the Agenda"tonight, as "The~Cross- ings of Boynton Beach" also fronts on 4th Street to the north side of 22nd Avenue, and that wOuld be a oontinuation from there down - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 on 4th Street as a public street. Mr.-~Kieran Kilday, Kilday & Associates, Landscape Architects, 1551 Forum Place, Suite 3g0-E, West.'Palm~Beach, Florida 33401. Mr. 'Kilday stated.that he talked to Mr. Annunziato and has a copy of his memo. They have no problems with paragraphs 1, 2 and 4. Mr. Kilday Said he would like to.discuss a little of N. E. 17th Street. They do have a problem with that because Of its location. As was 'brought out by Vice Chairman Winter, it would be going through their tennis court. When this first came to their attention, Mr. Kilday said their main problem was that they are coming in to'develop a vacant tract of land that is surrounded by older developments that have developed in a somewhat haphazared pattern. Mr. Kilday went to the aerial photo. Immediately to the east of the park, there is a mobile home park. Fou~ Seasons is immediatelY-to the west, and a single family development is to the north. Mr. Kilday showed where 17th Avenue wOuld be. He told Chairman Ryder it exists to the west on paper.~ Chairman Ryder asked if it is a City street. Mr. Annunziato answered, "Yes." Mr. Annunziato said 17th Avenue ~as gained stature somewhat. Mr. Kilday stated that was their.ma~n problem. However/ if it is needed from a planning standpoint, Mr. Kilday said they would have to work with it; but they are coming in, trying to.develop a project and trying to have a sense of identity for~ the project. Chairman Ryder called attention to the fact that they have not actually asked for the abandonment and were aware of the fact that it is there. Mr. Kilday informed Chairman~ Ryder that the street is not there and 'is not mapped. For this property, Mr. Annunziato agreed that N. E. 17th Avenue does' not exist. It exists to the west. Chairman Ryder asked if he knew N. E. 17th Avenue was to the west. Mr. Kilday answered that he knows now. He said the only way into the property today is by 22nd. As part of the project, Mr. Kilday pointed out that they would be constructing a missing link on 4th Street, and that will pro- vide that link from 22nd Avenue all the way down'to 15th Avenue, as far as the two access ways that will run to U. S. 1. The problem wi~h 17th Avenue is Mr..-Kilday could'not get to their site except by going up Seacrest and entering l~7th from Seacrest. It is a local street in a single family area, comes to a "T" intersection, and then if you go about 100 feet north; it picks up again on the paper. He indicated a place where it enters into the Four Seasons but when he turned right tonight, he found there was a chain link fence and gate across it by the Boynton Beach Police Department saying access is not allowed through that area. Mr. Kilday emphasized that 17th Avenue does not go through to that area now. It is not, in fact, a street. In order to find out what happened once it got past the gate, 'Mr. Kilday went down to 16th Avenue and entered the main entrance of the Four - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Seasons. He drove up to the street, and the street in this area is a parking lot with over 60 parking spaces on each side of it which back in and out of this, but it is not a street. From a planning standpoint, if they. extend it through to 4th Street, Mr. Kilday said it dead ends there because it hits the mobile home par~, so it really does not serve any more purpose than 16th Avenue. What happens is Four Seasons becomes the major tho~ough- fare between the two areas, and it is a local street area. Mr. Kilday did not think that was a safe situation either. What is not a safe situation is only one means of access. You can only come in from 22nd Avenue, Chafrman Ryder pointed out. Mr. Kilday advised they were going to build 4th Street through to 16th. He thought that was providing the access for them but building that little line on 17th was not really going to add more access, which was really why they were havingl a problem. Mr. Annunziato suggested to the Board~ the kind of discussions that occurred at the Technical Review'Board meeting. He agreed that Mr. Kilday's points were well taken. Mr. Annunziato said it was felt that this link for N. E. 17th Avenue would not only serve this property but.also the property to the west. The kindS of co~nents he was getting from th~ Technical Review Board, particu~ tarly the Police and Fire Departments~, were that access in this area was Somewhat limited. It was also from the Engineering Depart- ment that the access to the west needed to be improved. The issue of the fence was once that was determined or provided for by the Council many years ago. Mr. Annunziato was not sure it would always be that way.. Police and Fire Departments, when asked how they feel about roads, say'more access is better than leSs access. They felt this road would serve the Four Seasons as much as anybody else. Mr. Norem asked if 17th Avenue was a dedicated street through the Four Seasons. Mr~ Annunziato answered~ "Yes." Mr. Norem then questioned why it was chained off. As Mrs. Bond recalled, when' they'built Four Seasons, they intended it for a much bigger project. Mr. AnnunZiato advised there have been subsequent improvements, and there is also a~targe vacant tract'to the north of the Four Seasons condominium which is undeveloped, If it is a question of access for emergency vehicles, Mr. Kilday thought they could accommodate it. Chairman Ryder advised they could move their tennis court down a ~ittle bit. If it is a question of.constructing a road that ~s going to have a gate across it, which is the situation, then Mr. Kilday said it_is a road t~ _nowhere and all it is doing is being a problem. If they take the gate across, then it becomes a through street all the way from Seacrest Avenue, and then they would have a parking area because 17th Avenue was constructed as a parking ~tot within Four Seasons. · he~e are cars on both sides backing ~irectly into it. Mr. ' Kilday did not think it should be u~ed as a local street as access. - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Mr. Kilday thoUght what he was saying was if they could work out with the Fire and Police Departments a stablized service at the end of one of their parking courts to give them an alternative to get into that area, he .would have no'trouble at all. In addition to the Fire and Police, Chairman Ryder. thought they needed the City Engineer. In the event it would not be useful at this~ time, Chairman Ryder said there was a possibility that Mr. Kild~y could m~ke provision.~ In the event the ~i%y f~d~ it' necessary~ they can open it up as a street. Mr. Kilday, ~ of course, would-have to be ~outc~f the w~y. Chairman Ryder felt a study was dictated with the approval of the Fire and Police. Vice Chairman Winter asked if it would not also create a safety hazard by splitting a project into pieces as far' as the people wanting to use the Clubhouse. Mr. Annunziato thought it would be less safe than what it would be without the road there. Chairman Ryder also noted they'.were 'going to have recreational facilities and said that would be a problem too, trying to keep it from general' publiC use. Mr. Norem asked.if, it would not solve one of their dead.end areas for parking where Mr. Kilday pointed out it would come through. Mr. Kilday replied that they can solve their dead end areas w~th driveways. His biggest problem was that he drove there, looked at it, and he knew abutting that is the parking lot. Mr. Kilday knew the people put that fence up for their own security and protection. He thought what they were doing here would be going against why that gate was put across the road'to begin with. If they are going to build the road and the gate should be open, then Four Seasons should be notified. He thought they would be up in arms. Chairman Ryder said there are several possibilities: One is to provide for it in the future; and one is to have Mr. Kilday put it in with limited width as a private street to begin With, with a possibility that it could be opened up by the City if they needed it. Mr.-Kilday pointed out that Mr. Annunziato's request was that the street be platted, dedicated to the City, and be built. Mr. Annunziato advised that was the analysis of the Technical Review Board. Mr. Linkous, in looking at the photograph, remarked that the continuation of 17th Avenue Would not help the western boundary. Chairman Ryder referred to parag~raph 3 of the Planning Department's staff comments and asked if 'there was extended discussion on it at the Technical Review Board meeting. Mr. Annunziato replied, Yes." He said ~the discussion centered not only on the servicing of this property but Fo'ur Seasons Condominium and providing an alternative access from their property. Chairman Ryder thought it needed another "go around" by the Technical Review Board. Mr. Annunziato advised it will not go to Council then. Chairman Ryder felt that was the way to go and told Mr. Kilday to meet with the City Agencies to go over this. If they-do - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 not get this r~solved, Mr. Kilday said they could not do any of the engineering. Mr. Kilday said he woUld like for the Members of the Board to go out there and drive in, which was what he did and which was the only way he could understand it. The Board Members discussed tabling the~matter until the next meet- ing. They were advised by Councilman deLong it would be Dos.tponed not tabled until the next meeting. Mrs. Bond moved to'postpone the pre,application of The Townclub of Boynton Beach unqii the next meeting, seconded by Mr. Linkous. Motion carried 7-0. PRELIMINARY PLATS (1) PROJECT NAME: AGENT: OWNER-: LOCATION: DESCRIPTION: ~Cedar Ridge Estates/High Ridge Commerce Park Kenneth L. GroVes Point Manalapan Corporation High Ridge Road at Miner Road corner Preliminary plat and construe which provide for the constr~ structure improvements to su~ approved Planned~Uni~ Develo~ Industrial Development Chairman Ryder reminded the Members that this had the Board previously. Mr. Cannon said the preliminary plat comes to~th~ Zoning Board with a positive recommendation from Review Board, subject to staff comments'. He said three Sections, and showed the Board Members the one by one. First, on the northern edge of the property is ti .area. Mr. Cannon said they are "pretty conventi~ configurations and are going to be dedicated as ~ including cul-de-sacs. There is a provision for additional right-of=way along High Ridge Road and tion of a bike path along High Ridge Road. The second section, which is immediately south, family area and consists of the two parcels noted These are the multiple family condominium tracts. Parcel ,C, which is the Water Management Tract foz residential development and the industrial devel¢ northeast tion documents ~ction of infra- ~ort previously ,ment and Planned appeared before Planning and the Technical ~ the plat is in three sections e single family 1" lot and block ublic streets, a 15 foot also for construc- s the multiple as Parcel B. Then there is both the pment. Finally, Mr. Cannon said there is an industrial parcel located to the south of the multiple family area. Mr. Cannon pointed out a long cul-de-sac, platted lots, and a public road~ He said there are provisions for buffers all the way around; a forty foot buffer between the industrial development and the residential development is included. - 30 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 As far as the water, Mr. Cannon described that there would be a 12 inch line in High Ridge Road, an eight inch line' in Miner Road, an eight inch line coming in from High Ridge Road, and a six inch line coming up from Miner Road. As far as the sewer goes, Mr~ Cannon informed the Members that there is a lift station on the south side of High Ridge Road, and all of the sewage from the development would pass through. Mr. Cannon read the staff comments as follows: City Engineer: (Tom Clark) See Memorandum attached as page 32. Horticulturis~/ Rorester (Kevin Hallahan) "The tree survey for the abo~e property is accurate and complete. The applicant has shown which trees will be preserved~ (numbered} on the' landscape plan, having had integrated the. use of them.with newly planted trees. The ~numbered trees~whiCh do not appear on the landscape plan (from the ~tree survey) will be removed. Be advised that I have noted the removal of one tree (#612) which should be preserved if possible by moving the location-of the building adjacent to it. The particular tree zs an eighteen inch (18") Poinciana tree ~which would be an addition to the aesthetics of ~the area.~ A~i trees which are noted on the plan to be preserved, in accordance with code, must be .protected from destruction by a visable wood barrier." Chairman Ryder reminded the Board Membems tha~they were. considering two matters: (1) a PUD', and (2) a PID, and they are both included in this particular instance. With respect to the master lift station, Mr. Annunziato pointed out that not only with the master-lift ~statio~ but also the issue of High 'Ridge Roa~ is the subject of a bi-party agreement between Point Manalapan Corporation and the Industrial Associates, who are the potential planners of the industrial plant to the south. Mr. Annunziato continued by saying our position is that these two applications, while there may be a bi-party agreement, stand alone. Until the improvements are in place, Mr. Annunziato advised each of them will have to act as if the other one did not exist. Chairman Ryder thought the Board was confronted with that previously. Mr. Annunziato informed the Board Members that the City does, in fact, have a letter o4 credit and a set of construction plans for High Ridge Road from.~iner Road south going to 2nd Avenue. The only hold up right no~ is they are still i~ the process of securing two parcelS of right-Of-way. The City has about 3/4 of the right- of-way now. - 31 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA M E M O R A N D U M APRIL 12, 1983 TO: FROM: Mr. Carmen Annunziato, City Planner Tom Clark, City Engineer March 29, 1983 Rece~e~' Date~, Ttme~ Re: Preliminary Plat for Cedar Ridge P.U.D. and High Ridge commerce Park, P.I.D. Comments: Street lighting to be done by F.P.& L. but estimates of Cost is required' for bond. Ail off-site roadway construction is to be included in the plans and included in the cost estimate. This would include the work agreed to in Hypoluxo Road and N.W. 22nd Avenue when zoning was approved. The cost for recreational improvements are to be included in the construction costs. The request for a dredging and fill permit will be included with final plat approval. If the master lift station to serve the area zs not bonded by the development to the south it must be inc!Ujed '~m th'e costs to be bonded when the final plat is approved. Forwarded herewith are the following: IntroduCtion and index of .proposed agreements for the residential area (45 lots); the condominium area (152 units); and the industrial development. Copy of the March 28, 1983 letter from Earle Megathlin concerning excavation and fill permit. · Five sets of prints for preliminary plat. One set .of development plans. TAC:mb Attach. Tom Clark - 32 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Mr. Kenneth L. Groves, Vice President, Point'Manalapan'Development Corporation, of 4691 123rd Trail North, Royal Palm Beach, Florida, had no additional comments. He believed they had addresSed all of the staff comments 'with the exception of the street lighting. They are still waiting to get a specific answer-from Florida Power and Light Company and once they do, Mr. Groves said they would add that to their cost estimate and proceed with staff comments. Chairman Ryder asked Mr. Annunziato if they should go back to the agreement. Mr. Annunziato replied tha~it ~had"been more or less for the Board's edification so that the Board would know of these off-site improvements. He said there are a few major ones (High Ridge Road and a lift station and gravity line that serves both of these properties, north and south~of Miner Road, and they are subject to a 'bi-party agreement-.') Mr~ Annunziato told Members of the Board there have been monies expended and put in escrow, and the whole thing is moving right along. -Until the improvements are in place, Mr. Annunziato advised that the Board has to almost act as if there isn'-t. The bi-party agreement is not the Board's business. Mr. Hester moved for the approval' of the preliminary plat for Cedar Ridge Estates/High Ridge Commerce Park, subject to staff comments. Mr. Mauti seconded the motion, and the mOtion passed 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Tract "K" at Hunter's Run Golf and Racquet Club Charles N. Summit Ass Summit Dri Preliminaz which pro~ structure approved .~ Chairman Ryder complimented on the language he used in Mr. Cannon informed the Boaz came to the Planning and Zo~ tion from the Technical Rev~ Mr. Cannon reminded the Memk for Tract "K", the site plar. in the meeting. Basically, tracts: (1) the' roadway trac single family units; and (3 Gilbert/Conrad Schaefer ociates, Ltd. ye, east of "The Woods" y Plat and construction documents ide for the construction of infra- improvements to support previously lanned Unit Development Mr.~ Carmen Annunziato, City Planner, is description'of'~the'project. d Members' that this preliminary plat lng Board with a positive recommenda- ew Board, subject to staff comments. ers that. it was a prelfminary plat of which they had approved earlier Mr. Cannon said there are only three t; (2) the housing tract for the the recreation tract. Mr. Cannon read the following staff comment (which was the only staff comment): - 33- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 City Engineer: (Tom Clark) "1. Water Manag~nt permit requkred. 2. Subject to additional fire hydrantsf as required by Util. & Fire Dept. Six prints of the plat and copy of the development plans are forwarded herewith.'' Mr.. ~Charles N. Gilbert, Architect, 3500 Clubhouse Lane, Boynton Beach, Florida 33436, was aware of the staff comments and said they placed their fire hydrants according to the way it was required. He added that they were aware Of the Water Management permit. Mr. Mauti moved to approve the ~prel~minary plat of Tract "K" at Hunter's Run Golf and Racquet Club, subject to staff comments. Mr. Wandelt seconded the motion, and the motion carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: "The Crossings of Boynton Beach' Ivan Olsak/Robert Hamilton S.P.~ Associates N.E. 22 Avenue at N.E. 4 Street Preliminary Plat and construction documents which provide for the construction of infra- structure improvements to support previously approved Planned Unit Development Mr. Cannon told Members of the Board the preliminary plat came to the Planning and Zoning Board with a positive recommendation from the Technical Review Board, subject~o staff comments~. He stated it was a Preliminary plat and construction documents for the previously approved Crossings of Boynton Beach Planned Unit Development. Mr. Cannon asked that the Members recall that this was the master plan that was approved for the construction of 8-plex units. There Would be an 8-plex unit on each'one of the lots, which Mere shown on the plat'.. Mr~_Cannon said~Tract A~is a private road and parking tract, which will wind throughout the whole development. He showed N. E. 4th Street and the two entrances to the development. Mr. Cannon also pointed out the FEC tracks on the east side and N. E. 22nd Street along the south side. Mr. Cannon also indicated Tract B, which ms Where the recreation facilities will be located, and Tract C, which is the drainage tract where the lake will be located. The ~water will connect with a 16 inch water main in N. E. 4th Street on the north and an 8 inch'water main on 22nd Street to the south. The sewer will collect to a lift station which will be located at the crossing with~the 26th Avenue'right-of-way and N. E. 4th Street main, which Will be the extreme upper lefthand corner of the parcel. Mr. Cannon read the staff comments as follows: City Engineer: See page 35 attached hereto. 34 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APKIL-~2, 1983 MEMORANDUM TO: FROM: Mr. Carmen AnnUnziato, City Planner Tom Clark, City Engineer Marc/~9, 1983 lime Re: Preliminary Plat for "The Crossings of Boynton Beach" Comments are as follows: The average candlepower provided by the street lights Should be shown. Street lights are to be sodium vapor. The sidewalk is to be connected to the pavement edge .of N.E. 4th Street and N.E. 22nd Avenue. 3. A limited access easement is to be dedicated adjacent to N.E. 22nd Avenue. Existing swales on the north side of N.E. 22nd Avenue tO' be improved and sodded for drainage. 5~. An excavation and fill permit will be requested at final plat approval. 6. A Water Management District permit will be requi~edf- 7. Extend sidewalks through drives. Forwarded herewith are the following: 4 prints of plat 1 set of development plan prints 1 copy of cost estimate TAC:mh Attach.. Tom Clark - 35 - MINUT~ES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 Forester/ Horticulturist: (KevinHallahan) "Be advised~ that the applicant for the above noted property bas not submitted a tree survey due to.the fact that the land parcel is covered with scrub oak. However, he should indicate on the landscape drawings ~which trees, if any, will be relocated or preserved. Those "green space" areas indicative on the plans'could incorporate preserved scrub oak trees where possible and feasible." Mr. Annunziato referred to the 16 inch water ma.in on N. E. 4th. He saidPit~was.~a proposed water mai~, ~and he.wanted ~o'~call it to the Boa~d'.s attention because it is the east half of the master water system which was put in congress and then came east on Miner Road and terminated at Seacrest. What is proposed here and will be under construction in a very' short period of time is a master water main running north from the'water plant (Mr. Annunziato believed from 20 to 16 inches-) to Miner Roa~ more.or less along the N..~E. 4th Street corridor, turn west, and tie in with the 16 inch water main which came east from Congress, Mr. Robert Hamilton, P. O, Box 430, Boynton Beach, Florida 33425, understood all of the staff comments. He referred to Mr. Hallahan goin~g out and counting trees, which he (Mr. Hamilton) said were very sick and weakly. Without counting those trees,'Mro Hamilton said he would probably put onto the property 997% more trees than Mr. Haltahan presently sees, as it is a desert. He thought Mr. Hallahan should spend his time where there are trees. Mr. Annunziato interjected that Mr'. 'Hallahan was just referencing Code requirements, which the Community. Appearance Board is very much aware of. Mr. Hamilton asked if he is to go out and count "those sick little things" Where you find clusters of trees, Mr. Annunziato told Mr. Hamilton he could estimate thezr number and size. Mr. Hamilton informed Mr. Annunziato there are no clusters of anything other than scrubs. Chairman Ryder asked Mr. Hamilton if he had been out there with Mr. Hallahan (both of them together). Mr. Hamilton answered, "No." Chairman Ryder suggested maybe that was the thing to do. If Mr. Hamilton felt in his mind that he met 'the requirements of the Code, Mr. Annunziato said he thought Mr. Hamilton could, by affidavit, swear that there are no treeS and he~W~ ~aui~g nothing. Mr. Annunziato advised Mr. Hamilton it was better to say he was saving nothing than to say he is saving something. In Mr. Hamilton's opinmon, it was wasted time. Mr. Hamilton wanted to say to the City they have a landscape plan, a piece of barren 30 acre land. The landscape plan exemplifies exotic landscaping in comparison to what that property is. Any- thing other than the landscaping plan is part of what~qhe City has seen, what they have received, and what they'have acted' upon. Mr. Hamilton reiterated that he took exception to it, as .it was a waste of time and taxes. He stressed that it was a piece of barren waste. Mr. Hamilton added that~the City had a landscape - 36 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH,'FLORIDA APRIL 12, 1983 plan that they said was permissible. Mr. Annunziato repeated that they were Code requirements. 'Mr. Hamilton said he would write Mr. Hallahan a letter that anything there that he destroys that Mr. Hallahan does not like, he (Mr. HamiltOn) will promise to replace with like or better. Mr. Annunziato emphasized it was not Mr. Haltahan; it was a Code requirement that requires an indication of what the planting is that is going on the site and what is going to be saved. If nothing is going to be saved, Mr. ~Annunziato said Mr. Hamilton better advise the COmmunity Appearance Board i.n that regard if there is nothing there to be saved. Both Chairman Ryder and Mrs. Bond agreed with Mr. Hamilton that it was "an ugly piece of bloody desert." Vice Chairman Winter asked 'what happened~to the two buildings Mr. Hamilton was going to relocate. Mr. Hamilton ~replied that relocating was what they did. They shifted the buildings and ended up satisfying Recreation'. Mr. Hamilton stated that Recreation came up with some "darn good ideas" that were bene- ficial to the project. Recreation was helpful to Mr. Hamilton and the community and were very constructive, so a good result ended up for all. Mr. Annunzia~o emphasized that it was,just as important for Mr. Hamilton to say he was not saving something as to say that he is becaUse if he does not say that he .is not saving something, when his plan goes to the Community Appearance Board for review, they are going to look for what Mr. Hamilton did not say he was going to tear down. To the north side of the property, Mr. Hamilton said there is a road that has been proposed to come into the north side of the property across the railroad tracks. It seemed to'Mr. Hamilton that is not going to happen. He sZated there is a development going north of this. Mr. Hamilton was not certain whether that total right-of-way falls totally in Boynton or not but there is a sizeable chunk of property %here that is "No Man's Land" that has no implications to plat. It seemed to Mr, Hamilton that it was going to be abandoned. He wanted anyone present who could be involVed at any particular time this project is going up to expedite what could be done through the proper channels to abandon that right~of-way and give whatever portions to either developer or all to Mr. Hamilton or all to the other developer. Either develOper would be able to develop that into a park situation of common land.that could make this project more handsome. Mr. Hamilton projected that picnic tables and bike paths could be extended. Mr. Annunziato adVised ~hat Mr. Hamilton was talking about was N. E. 26th Avenue between N. E. 4th and the railroad. For more than twenty years, it has existed 'as a 100 foot right,of-way. Mr. Annunziato positively said it will not cross the railroad. That decision was made when it was decided Miner.Road would - 37 ~ MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 cross at N. E. 22nd Avenue. Mr. Annunziato thought perhaps there was a potential that sometime there was a possibility it could be abandoned. Right now, the County is considering turning over the ownership of the right-of- way to the municipality. Mr. Annunziato said the City has to evaluate that. At that point, depending on whether or not there are reverter clauses which would prevent the municipality from abandoning that right-of-way, the issue of abandonment would be addressed by application. Mrs. Bond moved to approve the preliminary plat of "The Crossings of Boynton Beach", seconded by Mr. Linkous. Motion carried 7-0. DISCUSSION - Status Report, M-1 Zoninq Classification Study On Wednesday, February 16, 1983, Mr. Arnold Thompson, prior Chairman of the Planning and Zoning Board, appeared before the City Council and suggested there be created a second industrial classification. Mr~ Annunziato said the Council took it under advisement and referred action on the request to the City Planning Department and the Planning and Zoning Board. Mr. Annunziato stated that Mr. Thompson's request was analyze~ and they prepared a_means to accomplish the second industrial classification by creating different categories of permitted uses within the existing M-1 zoning classi- fications. Mr. Annunziato referred to the third paragraph of his Memorandum of April 5, 1983. He said they have already had several reviews and this was subject to review. Five categories and uses were proposed to be created: (1) Uses permitted of right; (2) Prohibited Uses; (3) Uses permitted as of right, which would require a 300 foot buffer between the use and residential property; (4) Conditional Uses, which would require public hearings and notification of surrounding property owners; and (5) Uses requiring an Environmental Review. Mr. Annunziato clarified that the theory behind Environmental Review was that it would be-a sub-committee of the Technical Review Board. He suggested that it be composed of the Building Official, Fire Chief, Public ~Works Director, and the Utility Director, as these are the people who are primarily involved in environmental type of use (odor, noise, solid waste, and chemical waste pollution). 'The Environmental Review and the uses that were labeled for environmental review would be subject to approval by a sub-committee of the Technical Review Board with appeal to the Board of Adjustment because denial would be that they are not acknowledged by administrative review. Mr. Annunziato said that, in concept, was the basis for staff's proposal. They are finalizing work on it and also taking a look at the kinds of fire safety and utility related ordinances that the City has. Mr. Annunziato said staff does not want this to - 38 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 become an encumbrance~ but they felt it was a way to expand some of the uses in the M-1 zone in light of the future and based on what exists in this City and in other cities. It would also offer avery stringent review in distance requirements for certain kinds of uses, which may be considered to be obnoxious. Mr. Annunziato told Chairman Ryder it would apply to all M-1 zoning areas. Mr. Annunziato hoped to follow up at the next Council Meeting with an overall draft proposal. It made sense to Chairman Ryder, particularly since one of the objectives was not to encumber the Planning and Zoning Board with a large number of public hear- ings. When they went through a list of uses, Mr. Annunziato said almost every use they could think of had something objectionable about it. He gave noise, odor, traffic, unusual solid and liquid waste as an example. Rather than making all of those subject to a public hearing, they thought it was not a reasonable way to go about this, so Mr. Annunziato said they thought of the administrative environmental review procedure, which is being reviewed by the staff, by the City Manager, and as it is applied to a number of uses. At that point, Mr. Annunziato said they will be able to come to some conclusion, as a sub-committee of the staff, as to whether or not this is a reasonable use for Boynton Beach. Chairman Ryder felt it was a very practical approach. anything can happen. Without it, Based on that, Mr. Mauti informed the Members that he could bring up many cases where obnoxious odors were under a City Ordinance and enforced by the Building Department. Noises were also under the same aspect as a City Ordinance with also the Building Department enforcing the O~dinance. As far as the noises and odors, Mr. Mauti pointed out that the problem is something could come up after the approval. Mr. Mauti ran a Building DePartment and obnoxious odors was one of the items that they had to deal with. He said-it was the toughest item In the world. Mr. Mauti advised that they should have toxic materials also. He gave Motorola as an example, if they go into any type of plastic material where it takes two elements to bring it together and make a plastic. In a lot of cases, Mr. Mauti said it does tend to give a reaction such as poison ivy. Mr. Mauti emphasized that they should have toxic fumes and materials. Mr. Mauti stressed that they may come up at some point and time. Once they are up, Mr. Mauti asked how the City would get rid of a Four or Five Million Dollar factory producing the toxic material or fumes. Mr. Annunziato said those were some of the things staff would try to review. The problem was how much do you ask a person. Mr. Mauti said they should mention polyester resin is a toxic material in some cases, more so in children. Mr. Annunziato agreed there are still lots of problems with this procedure~ and he did not want anyone to think they had this resolved. In - 39- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 concept, Mr. Annunziato said environmental hazards were exactly the kinds of things they would want to review through the Environmental Review procedure. Essentially, Mr. Linkous pointed out, it is the Planning and Zoning Board's responsibility to recommend ultimately to the City Council. The Board's responsibility is also %o the property owners. It seemed to Mr. Linkous if they amend M-l, whomever could come to the Board and amend C-3, and they were opening up a "can of worms." Mr. Linkous recalled that Mr. Annunziato had provided them with how much M-1 property there was, and there was not too much. His concern was those people who bought M-l, anticipating a specific use for that, and six months later they cannot do that. That was why Mr. Mauti brought out that it could be more in the form of a City Ordinance with some official of the Building Department having the power to enforce that Ordinance.rather than putting it into any use. Mr. Annunziato called attention to the problem with having just one person responsible for review. Chairman Ryder thought the advantage of putting it as a use is that you are treating it as a problem at the beginning. Other- wise, you are not confronted with it until maybe it is too late when it goes to the Codes Enforcement Board. By spelling out the use, Chairman Ryder felt you were confronted with the problem to begin with so there is no time lost. Mr. Linkous recalled a gentleman who came in with M-1 property that reverted to C-3. If they tie a yoke around those people who have M-1 property, Mr. Linkous believed they would be doing the same thing. For example, if they could not have an auto paint store, Mr. Linkous asked where they could go, as M-1 is limited. Mr. Annunziato reminded the Members that Boynton Beach is not a young city. Here we have two railroads and properties grow up near the railroad that have been there for fifty or sixty years. Practically, Mr. Annunziato said you have industrial areas grow- ing along the railroads, and that pattern has continued in Boynton Beach as it has in other cities. If they create another, more restricted industrial zoned category, Mr. Annunziato thought the Board would find there would be a very strong argument as probably 80% or 90% of the City's industrial~zoned property would be in that more restricted category because the location could not be dissimilar. Mr. Norem asked if it is agreed that these new uses would be beneficial in the future as a long range planning type thing, and looking at those people who already own M-1 property that may have had a particular use in mind and wanted to purchase it with long range plans for a particular item, what about a grandfather clause. Mr. Mauti replied that it is a non-conforming use and they have to keep it that way. He said there are very limited areas mn the M-1 zone that are adjacent to or near residential - 40 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 areas. Chairman Ryder interjected that we do have some central city areas. Mr. Mauti was talking about ones that are built on at the present time. As Mr. Norem lives on N. W. 7th Street and. his backyard goes out to West Industrial Boulevard, he said he was as close to it as anybody can be. Mr. Norem never saw the petition that went through Laurel Hills Homeowners Association. He pointed out that M-1 zoning was there long before 80~ of those residents ever thought about moving into that area. Maybe the City should make some' changes, but Mr. Norem thought those people who bought industrial property five years ago to develop in ten or fifteen years should be governed by the laws at which time they bought it. If it changes hands, let them conform with the new thing. Mr.. Annunziato advised that their existing uses are grandfathered until they do relocate. In zoning and planning law, there is no guarantee that the use you bought your property for now will remain that way. As long as local government does not act capriciously, the local government can make changes and should make changes as conditions change, Mr. Annunziato continued. Mr. Mauti believed they also have a moral obligation. Mr. Linkous commented that most industrial property sells for about $125,000 an acre and up. When you start changing the uses, somebody gets hurt. It scares Mr. Norem when somebody comes in and has ideas about a particular property, and the surrounding area residents do not particularly like it and think that they can change it at a whim. Mr. Mauti asked if the City did not have a master plan coming up. Mr. Annunziato replied that they hope to, following the presenta- tion, review, and adoption of the Zoning Code. The next planning project will be the Comprehensive Plan review. Mr. Annunziato said it should be five years after August of 1979. He hoped to get into it this business year but said it did not look like they would make it until next year. Mr. Annunziato referred to the proposal and said they were attempt- lng to interpret the intent of Council as well as the intent of the property owners about this land. He understood what the Members were saying about taking people's property rights but said the City always attempts to mitigate somehow. Vice Chairman Winter moved to accept and file the Status Report on the M-1 Zoning Classification. Mr. Mautl seconded the motion, and the motion carried 7-0. ADJOURNMENT Mr. Linkous moved, seconded by Mr. Wandelt, to adjourn. The - 41 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA APRIL 12, 1983 motion carried 7-0, and the meeting adjourned at 10:05 P. M. Respectfully submitted, ~Patricia Ramseye Recording Secretary (Three Tapes) - 42 -