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Minutes 12-14-82MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 14, 1982 AT 7:30 P.M. PP~SENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezell Hester Ronald Linkous Caesar Mauti Stormet Norem, Alternate ABSENT Robert Wandelt, Excused Douglas Sussman, Alternate Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner Chairman Ryder called the meeting to order at 7:30 P.M. He introduced the Members of the Board, the City Planner, and the Assistan~ City Planner. As Robert Wandelt had a conflicting appointment, he has been excused. He acknowledged the presence of Mayor Walter 'Marty' Trauger, Vice Mayor James R. Warnke and Councilman Joe deLong. SPECIAL ANNOUNCEMENT Chairman Ryder reported a recent change; The City Council has passed an ordinance which sets up two Alternate Members to serve on the Planning and Zoning Board. The objective, primarily, was to insure that a quorum would be available at all times. There have been times during the past year when it was close to a question of whether they would have a quorum. In the event that they do not and have advertised public hearings, there is a loss of money and, of course, loss of time. By appointing two Alternates, the Board is assured of having a quorum at all times. Chairman Ryder recommended to the Board, with their approval, that the two Alternates be free to sit on the dias and take part in the discussion since they will be receiving the agenda-and presumably they will be studying it or possibly making whatever field trips they may feel are necessary. In any event, Chairman Ryder felt they should be permitted to take part in the discussion, ask questions and do whatever else is necessary. If they replaced an Absentee, who is a Regular Member, they whould also be permitted to vote so that the Board would be assured of at least seven full voting complement at all times. MINUTES - PLANNING ~2ND ZONING BOARD BOYNTON BEACH, FLORIDA ~ECEMBER 14, 1982 Chairman Ryder announced that Stormet Norem, one of the Board's Alternate Members, would be taking the place that night of Regular Member, Robert Wandelt. Mr. Norem would also be voting on matters coming up. If the Board felt that was the proper way, Chairman Ryder asked for their approval. Having served as an Alternate before, he felt if an Alternate "was not brought into the picture", there would be times when an Alternate would feel there was no point in coming to meetings. By giving an Alternate voting power as stated, Chairman Ryder thought the Board would be assured of their attendance and participation at meetings. He asked for any discussion on the part of the Members. If they were so inclined, Chairman Ryder asked for a motion to that effect. ~r. Linkous thought it was an excellent idea and moved in that direction. Seconded by Lillian Bond, the motion carried 6-0. -',~'~ _ ~ Chairman Ryder then advised Alternate Member Stormet Norem, that he would be taking full part in the proceedings that evening. On behalf of the Planning and Zoning Board, he welcomed Mr. Norem aboard and said that it was "really a necessary move." MINUTES OF NOVEMBER 9, 1982 Chairman Ryder noted that the Minutes of November 9, 1982 were quite voluminous. Although the Recording Secretary, Mrs. Patricia Ramseyer was not there, he still wanted to compliment her on the excellent job she did in the coverage of that meeting. That was the meeting where the new Boynton Beach Mall was involved and other issues which engendered a good deal of discussion. Chairman Ryder announced that the Recording Secretary that evening was Virginia Jackson. There being no deletions or additions to the Minutes of November 9, 1982, Mr. Mauti made a motion to accept them as submitted. Mr. Hester seconded the motion. Motion carried 6-0. (Stormet Norem abstaining) ANNOUNCEMENTS City Planner, Carmen Annunziato, announced that Item 6. (B).(1) should be scratched from that night's Agenda. It would appear in a different form next month. Chairman Ryder believed - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 the Board Members did get a memo to that effect but he was glad that MZ. Annunziato pointed it out. Secondly, Mr. Annunziato wished to announce that the DeBartolo Mall was under construction. That afternoon, going up Congress Avenue, Chairman Ryder noticed some activity there. Mr. Annunziato said that was something they anticipated but they needed to commence construction near the middle of November and that was the schedule the City based their timing around. The City met it and so did DeBartolo so apparently everything was "go" there. The third thing Mr. Annunziato announced concerned the Monahan Request for Land Use Amendment and Rezoning which was addressed by the Board at its last meeting. The Council, in a 3-2 vote, approved the request by Monahan, however, the attorney, after a review of the request, indicated to the Council, that the application had some attributes which may have made it "B" Spot Zoning. As a result, Council has forwarded the application, plus a general request on the part of the City, to change the land use and rezone those parcels south of the Monahan parcel and also adjacent to Seacrest for public hearings in a manner similar to the request that Monahan made. This would.also be on the Planning and Zoning Board Agenda. Chail~an Ryder added, "that would be 'forthcoming" He thought Mr. Annunziato told the~ hopefully, by February. For the benefit of the Members of the Board, Chairman Ryder told them he was present at the Council Meeting, The Board would recall that they unanimously denied the petition feeling that it was spot zoning ~ they voted 7~0. However, the Council, subsequently at their meeting following the Planning and Zoning Board Meeting,voted 3-2 and ~verturned their recommendation. At the following Council Meeting, referred to by Mr. Annunziato, a recommendation was made by the Vice Mayor he believed, that a study be made of the surrounding area to consider whether the general area should be rezoned .rather than to leave the particular issue as a spot zoningi problem. The COuncil went along with that. In this instance, it will em&nate as a proposal by the City. Mr. Annunziato said %hat was correct. Chairman Ryder said that again, however, the Board welcomed recommendations from the City Planner and'the City Planning Department but the Board, of course, would be free to make its own decision and so is the Council. Chairman Ryder said that "This is the way the situation is at this time?and that - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 it will be back to the Planning and Zoning Board for a general review. OLD BUSINESS None. NEW BUSINESS PUBLIC HEARINGS: 7:30 P.M. Parking Lot Variance Request Project Name: Agent: Owner: Location: Description: Yachtman's Plaza South John Pagliarulo John Pagliarulo 1550 North Federal Highway, Boynton Beach, Fi~ Relief from requirements of Article X "Parking Lots" Chapter 5, Section 5-141 (G) (3), which ~ woUld require a minimum distance of 180 ft. between driveways and intersections on arterial roads. Chairman Ryder thought the Members of the Board would recall that there now exists a Yachtman's~Plaza, presumably that would be known as the north, this one is south. It is just one block to the south. The Description was~read by Chairman Ryder. He said the "arterial road" in this case was Federal Highway, Route #1. He told the audience that they would now get. the report or recommendation from the City Planning Department. This would be given by 'City Planner, Carmen Annunziato. Mr. Annunziato said that:~the Board received in their Agenda packet an analysis and recommendation from the Technical Review Board to the Planning and Zoning Board under his signature. The Members of the Board would recall that Section 5 requires that the Technical Review Board meet, discuss the issue and put in writing the recommendation for the Board's review and that this recommendation be made a part of the prOceedings of the Public Hearing. To that then, the Board received Mr. Annunziato's memo with his recommendation. The particular project involved is Yachtman's Plaza South which is currently under construction, Mr. Annunziato told the Board. The site plan was approved a few months ago and - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECE~ER 14, 1982 the applicant has secured permits and ~he ur0ject is well underway. For those who did not recall where the location was Mr. Annunziato said-that it was between Ocean 'Inlet Drive and N. E. 15th Place on the east side of U.S.-1. As initially approved, the access to the site provided for access from N. E. 15th Place and from Ocean. Inlet Drive. The applicant_ is requesting that he be permitted to construct a driveway ont~~ U.S.-l, in a manner which would make it adjacent or parallel to the front of the east, west building. He asked Tim Cannon, Assistant City Planner, to point out where this location would be. Chairman Ryder also..asked M~.'~CannQn to point out where the location would be on Federal Highway. It looked like more than 30 ft. to Chairman Ryder. He asked if it.was something in between 30 feet and 180 feet? Mr. Annunziato replied .that the requested location is much more than 30 ft. but the ~din.ance requires that on arterial rights-of-way, . . ~ you not have an intersection ~loser_~t~an 180 feet from the lines of the road rights-of-way as they intersect. In this instance it was 130 feet as mentioned by the applicant, Mr. Annunziato told the Board. He said that request was reviewed by The Technical Review Board and came to the Planning andi Zoning Board with a positive recommendation. The reasons for this recommendation were as~follows: From the police, fire point of view, there are definite advantages to having direct access to the front of the buildings. This was felt that because of the way the shopping center was designe~ access to the fronts of the buildings would be enhanced by having this curb cut opened up. 0 There is a parking lane on U.S.-1 at this location which will accommodate turning traffic. That is, northbound traffic would have an opportunity to get out of the thru lanes and turn from the parking lane on the east side of U.S.-1. e The side streets are not through streets and the degree of congestion at the interesections is limited and will not increase. This is a very important point. We can anticipate that the level of traffic coming from N.E. 15th Place and from Ocean Inlet Drive - 5 - MINUTES - PLANNING AND ZO~tING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 will not increase, therefore the degree of congestion at the intersections is at a level at which it will remain. Mr. Annunziato said that Item 4 was somewhat confusing and asked that the listeners bear with his explanation. e The configuration of the median opening lies somewhat to'the north of N.E. 15th Place. For traffic to exit and go south currently, they would either have to exit at Ocean Inlet Drive, go north and then make a U-Turn or exit at N.E. 15th Place and cut almost directly across three lanes of traffic and almost immediately turn their car north to get into the turn lane in order to make a U-Turn. The Police Department felt that it would be safer for all U-Turning traffic to exit onto U.S.-1 prior to the median. Chairman Ryder asked if they could not go directly south at this curb cut. Mr. Annunziato said "No"~ they would still have to make a U-Turn but the degree of angle crossing U.S.-1 would not be as great and the Police DePartment felt that was safer than trying to make a U-Turn from 15th Place. Those were the reasons for the Technical Review Board's recommendations that the variance be approved. Chairman Ryder stated that currently the Yachtman'.s Plaza to the north has a curb cut, "certainly not 180 feet" and asked if that preceeded the City's ordinance. Mr. Annunziato said, "Yes". Chairman Ryder asked if what the applicant was asking for here was something similar to what prevailed in Yachtman's Plaza North. Mr. Annunziato said it was. As Mr. Annunziato had compteted-~the prss~ntati0n of ~the technical information at this time Chairman Ryder said that the Board would like to hear from the representative of the applicant. Mr. John Paglia~ulo of 3546 South Lake Drive, Boynton Beach, came forward. Chairman Ryder asked Mr. Pagliarulo just how far it would be from Shore Drive going north to this proposed curb cut on Federal Highway. He-said they knew it was more - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA D~C~MBER 14, 1982 30 feet. Mr, Pagliarulo said that he calculated i% at~ aboUt 130 feet. Chairman Ryder said that was more like it. He had paced it off this morning. He asked Mr. Pagliarulo if there was anything else he wanted to add. Mr. Pagliarulo said that Mr. Annunziato had covered it quite well. As the Members of the Board had no questions for the applicant Chairman Ryder proceeded to advise the Board that they had' before them a Recommendation for Approval from the Technical Review Board and also from the City Planning Department. Mr. Annunziato added that it was a composite recommendation. Chairman Ryder thought for the reasons cited, with little or no traffic from the side streets, .he did not think this would cause any traffic problem. Mr. Ronald Linkous wondered if there was any opposition to the variance since it was a Public Hearing. He saw nothing wrong with it and just wondered if anyone in the audience objected. Chairman Ryder asked if there was anyone wishing to speak in favor of this request. Mr. Franklin Green stated that he lives right next to Yachtman's Plaza South in the first house on Ocean ~Inlet Drive. He was not in favor of having any exits on his entrance or Ocean Inlet Drive. Mr. Green said that he..therefore ~g~ssed he was saying that he wanted the variance - allowing to have the entrance on Federal Highway. All the people in his neighborhood, that is the first three houses on the way in, Mr. Green said~would like not to have any entrances or exits from the shopping center on his street. Chairman Ryder %old Mr. Green he would have a curb cut but possibly their use would be minimized because of the one on Federal Highway. Mr. Green asked if he meant that he was going to have that as it is now? Chairman Ryder told Mr. Green that he would see one on 15th Place and he would see one on Shore Drive. In addition to that, they will have the one on Federal, however, by using the Federal entrance that would minimize use of the other two normally. It has got to, he told Mr. Green. Mr. Green said that was much better. As far as he was concerned, he would like not to - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 have any there at all, if that made sense. Chairman Ryder thanked Mr. Green and noted that his remarks were not exactly in favor. Mr. M~auti agreed that it was not in favor. Since there was no other person wishing to speak in opposition, Chairman Ryder declared THE PUBLIC HEARING CLOSED. Mrs. Bond moved that the parking lot variance be granted to Yachtman's Plaza South. Mr. Linkous seconded the motion. Motion carried 7-0. NEW BUSINESS SITE PLANS Project Name: Agent: Owner: Location: Description: Temple Beth Kodesh John Pagliarulo Congregation Beth Kodesh N.E. 26th Avenue, Boynton Beach, Florida 9,600 Square Feet Temple Chairman Ryder stated that this was located at the northerly end of the development known as Village Royale On the Green and adjacent to the public use area and adjacent to the school property. At this time, Mr. Annunziato wanted to brin~ to the Board's attention the beginning of the use of the new Site Plan Approval Application forms. There were also some of the old ones that crep~ in but little by little he said they would turn the old ones out. Chairman Ryder noted that they were certainly very informative. Mr. Annunziato said they were much more descriptive for the Board and for the applicant. He thought it gave the applicant a feeling of how his proposal fits in on the site. Chairman Ryder added that it was a decided improvement and gives the Planning and Zoning Board that much more information. Mr. Tim Cannon, Assistant City Planner, told the Members of the Board that this site plan comes to the Planning and Zoning Board with a positive recommendation. Mr. Cannon showed the property in question on the overlay. - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 He said the site plan was for a 9,600 square foot Temple and showed its proposed location on a 3½ acre site on N. E. 26th Avenue. 'The site is located across the street and to the north of Village Royale. There are two driveways going into the site. Both of these are two-way driveways. There is a driveway going into the main parking lot.~ The second driveway~ also a two-way driveway, goes~ around the back of the building. This is an area of scrub and pine and will remain, at least for the time being, the way it is, he advised. Mr. Cannon showed the retention area in the back and said there was a swale running from the parking lot into the retention area for drainage purposes, The building itself is 28½ feet from the grade to the crown of the roof and is a concrete, brick and stucco building with cement tile roof he explained° Mr. Cannon read the staff comments with respect to the site plan as follows: From the Building Department there was a memo which reads as follows: The church front overhang encroaches on front setback. 2e Sidewalks to go through driveways. (The applicant has asked to build a sidewalk along the front and they include the driveway) o 9 parking spaces are still required to meet parking ordinance. ° Ail existing trees must be shown as to their type and size. (In order to comply with .the requirements of the tree preservation ordinance) Se 1 tree is required for every 40' of frontage. Plan shows 7. e Handicap parking spaces should be located as close as possible to front entrance. e Double stripes are required on the 9' parking spaces shown on the north side of the parking lot. 8. Plan does not show dumpster location. - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 J Signs for handicap parking must be shown on the plan. Mr. Cannon read the memo from the Engineering Department as follows: Construction details for pavement and curbs Will be required including all dimensions for paving in right-of-way. (Mr. Cannon showed the right-of-way line on the overlay and said that it was a rather wide right-of-way at this point). e Existing swale area in right-of-way must be improved and plans must show the proposed construction. Sidewalk and/or bicycle path must be planned and shown on the site plan. Detail A-A is OK but exceeds the City requirements with respect to the subgrade. (Mr~ ~Cannon ~exptained that was the plan for a cross section of the paving) Revisions should be made on plans now instead of requesting a change later. The comments from the Police Department were that they are subject to Stop Signs. From the Public Works Department there was a comment to "Show Dumpster Pad 10' x 10' ". From the Fire Department, Mr. Cannon read the following memo: "Please be advised that in order to conform to City Sub- division requirements the above location shall have a fire hydrant provided. This hydrant may be connected to the water line that runs north and south on the west edge of~their property." Mr. Cannon said that was the extent of the staff comments on the site plan. Mrs. Bond wanted to know what the property was behind the Temple. She asked if it was just a reserved area for future building. Chairman Ryder thought it was part of Temple Beth Kodesh' lot. He explained to Mr. Cannon that Mrs. Wood meant the area north of the building and that Mr. Cannon mentioned a retention pond. Mr. Cannon said that there was - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 a retention pond there and he showed the swale on the overlay. Mr. Annunziato added that there were no current plans to develop that property on the lot other than the Temple itself and the paving of .the swale to the retention basin. He suspected that property in the future would be used in some form or another. Mrs. Bond stated that there was no indication of that. Mr. Annunziato said there was not. As there were no other questiOns at this time, Chairman Ryder called the representative of the applicant to come before the Board. Mr. John Pagliarulo of 3546 South Inlet.Drive, Boynton Beach came forward. Chairman Ryder asked Mr. Pagliarulo if he was familiar with the comments from .the various members of the Technical Board. He had reviewed his copy of the comments and Mr. Pagliarulo had a few questions which could be clarified a little further. Mr. Pagliarulo asked for an explanation of the Building Department's comments: "1. Church front .overhang encroaches front set-back" He was not familiar with that portion of the code. Mr. Annunziato told, Mr. Pagliaruloth at"overhangs are not permitted in setbacks for commercial buildings." Chairman Ryder stated that there was plenty of room and asked Mr. Pagliarulo if then that didn't pose any problem. Mr. LinkDus added that it was considered a part of the structure. Mr. Pagliarulo gave an example that if there were a 25 foot set-back what were they saying. Mr. Annunziato added that it would be to the roof overhang so he would have to move the building another 2 feet. Chairman Ryder commented that they have plenty of room. The second question Mr. Pagliarulo asked about was: Tom Clark's City Engineer's memo: "2. Existing swale area in right-of-way must be improved and plans must show the proposed construction." - 11 - MINUTES - PLA~ING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 Mr. Annunziato informed Mr. Pagliarulo that to the best of his knowledge he believed Mr. Clark was discussing the form of the construction of the driveway in the public right-of-way. Mr. Pagliarulo did not know it was the driveway itself. Mr. Annunziato added that there wasn't any requirement for the roadway construction in his driveways. Chairman Ryder said that of course a comment was made about carrying the sidewalk through. Mr. Pagliarulo understood. He reviewed all the other comments and he did concur with them. Chairman Ryder wanted to be assured that Mr. Pagliarulo apparently had no reservations and that he understood that he had to move back 2 feet to comply with the code.. Mr'. Pagliarulo did not see ~a problem there, He said that he did want to make one dimension but didn't know if it was proper at this time. Howe~er, if the site plan was approved, he asked if it woul:d be approved on the basis as the site plan is shown now withl the intent that he would move it back two feet. Chairman Ryder told Mr. Pagliarulo that'he could show that by dimension so that he complies with the requirement. He explained that instead of 25 feet back to the building, it would be 25 feet to his ~overhang, or he could increase the dimensions of the building correspondingly. Mr. Pagliarulo said, "This particular piece of land that we are setting the building on has quite extensive right-of-way from the point centering the road." He believed it was some 50 feet or 75 feet which is a well oversized right-of-way as was platted many, many years ago and he believed (pointing) that property is owned by the County, "that rig~t-of-way piece of land is owned by the County and is in the process of being returned back to the City." He didn't know if it was being turned over to the Congregation itself as part of their parcel. He did know that something is in development. If that did come about, he asked the Board if they could leave the site plan exactly as it is. Regardless of whether they did change the right-of-way or not, Chairman Ryder did not see where 2 feet was going to make any difference, so he would say to definitely get the plans approved. Mr. Pagliarulo would have to indicate - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 19 82 that the building is set back' 27 feet instead of 25 feet suggested Chairman Ryder. Mr. Pagliarulo understood that and said he would then not have to come back with a revised site plan. "The plans that you submit to the Building Department should show the corresponding set-back that we are talking about. That is the proviso under which you would get approvals apparently." Mr. Pagliarulo said that was no problem. Mr. Annunziato explained that the instance of the right-of-way which Mr. Pagliarulo was just talking about referred to 1951 when two or.the then land owners or a combination of land owners dedicated 100 feet of right-of~way to what is now N. E. 26th Avenue. Part of that i~ specifically a subdivision to the west of this proposal pla~ted on top of the north half of the right-of~way. Therefore,you'd find that the houses that Mr. Pagliarulo will be building, sit 50 feet closer in effect, to the right-of-way. The County has now officially asked the City its position with respect to taking back that right-of-way for municipal purposes. Mr. Annunziato said that apparently the County does not want to be involved in the abandonment of any right-of-way except to a municipality. At that point, it could be a rather long prOcedure before it finally worked out as to what is going to happen with that land. Chairman Ryder could not see any harm done and noted they would just have so much more set-hack and they can use it for whatever purpose they~want. Mr. Annunziato added, "Or the City may retain it, so at this point it is not really an issue with respect to this development." Chairman Ryder said that the lot was '~so dee~'that it would not pose any problems. With no further questions from the applicant or the Members of the Board, Chairman Ryder announced that they were ready for a resolution. Mr. Hester moved that the Board accept the site plans of Temple Beth Kodesh as submitted, subject to staff comments. Mr. Mauti seconded the motion. Motion carried 7-0. - 13 - MINUTES - PLANNING AND ZONING BOARD B©YNTON BEACH, FLORIDA DECEMBER 14~ 1982 NEW BUSINESS SITE PLANS Project Name: Agent: Owner: Location: Description: Southport at Hunters Run (Modification~ Charles Gilbert Southport at Hunters Run Condominium 5 Southport Lane, Boynton Beach, Florida Addition of Screen Porches to existing cluster dwelling units. Mr. Tim Cannon, Assistant City Planner, told the Members of the Board that this site plan modification comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board. He said that he really didn't-have any comments on it and that there was really nothing to add in addition to the description which was on the agenda. Mr. Cannon showed the property on the overlay pointing out that this was simply an addition of screened porches on two of the dwelling units. He added that there would be no change in the floor coverage but it was a slight plan modification and has to be approved by the Planning and Zoning Board and the City Council. Mr. Linkous asked if it did not basically change the configuration~except ~or~ the screening primarily. Mr. Cannon said that the only changes were in the coverage on theparcel by the area of the screened porches. Mr. Charles Gilbert came forward and said he had no comments except to say it simply ±S~addi~g thos~ two"porches; they are in the rear and not in the front~and~hey overlook the golf course. Mr. Mauti stated that there was auite a bit of land there and it did not conflict with any set-backs. Chairman Ryder told the Board he had an opportunity that day to ~i.s~ ~he development with the help of Mr. Gilbert. He has always felt that this was probably %he beSt thing that happened to Boynton Beach and his visit today confirmed that. He said there was so much open area-an~ wide~ space, Layouts are such that the occupants always have a view of either the lake or the golf course and he thought it was a great thing for the City of Boynton Beach. - 14 - MINUTES - PLANNING AND ZONING BOARD B'OYNTON BEACH, FLORIDA DECEMBER 14, 1982 Vice Chairman, Garry Winter asked Mr. Gilbert if this modification was going to be on the existing roof or on the entire structure off of the existing building. Mr. Gilbert replied that it would be an extension of two existing roofed areas. Mr. Linkous asked if there was not an encroachment such as they had with Mr. Pagliarulo. Mr. Annunziato answered that there were no interior set-backs in P.U.D. particularly when backing up on a fairway or a waterway. Chairman Ryder remarked that there remained, of course, additional tracts that would be developed gradually; in fact they have one that is on the agenda tonight. But in the areas that have been developed, it was quite obvious that there was a lot of open space. There was no impression of crowding or anything of that kind. Mr. Linkous motionedthatthe Board grant the request for the additiOn of SCreen porches to existing cluster dwelling units at Southport at Hunters'~ Run. Mrs. Bond seconded the motion. Motion passed 7-0. NEW BUSINESS SITE PLANS Project Name Agent: Owner: Location: Description: The Meadows at Hunters Run (Tract D2) Hunters Run Charles Gilbert Summit Association, Ltd. Tract D2- North of Summit Drive and Coconut Lane, Boynton Beach, Florida Residential - 36 Units in 18 Buildings Chairman Ryder pointed out that this is a new, undeveloped area on which they intend to start construction. The owner is Summit Association, Ltd., Tract D2, north of Summit Drive and Coconut Lane, Boynton Beach. Florida and in this instance they plan to have 36 residential units in 18 buildings. Mr. Tim Cannon, Assistant City Planner, told the Members of the Board that this site plan came to the Planning and Zoning Board with a positive recommendation from the Technical Review Board subject to staff comments. - 15 - MINUTES - PLANNING AND ZONING BOARD B©YNTON BEACH, FLORIDA DECEMBER 14, 1982 He showed the Board the site plan for Tract D2 of the Hunters Run PUD on the overlay. Tract D2 lies along the western boundary of the development and totals 14.3 acres. The total number of dwelling units proposed is 36 and this gives a gross density of 2.5 dwelling units per acre. All of the dwelling units are contained in one story duplexes and give a total of 18 buildings which wind a loop drive coming off Summit Boulevard. The entire site, including the land underneath the buildings is contained in a single condominium. In the center of the loop drive is a pool and a common open space. Another feature is that ._ the north side of the trac~,in the Lake WOrth Drainage District, L29 Canal, is going to be expanded into a lake. The entire site will be landscaped inclUding landscaping around the individual dwelling units and furthermore about 15 of the existing Oak trees will be preserved,which now exist on site. Mr. Cannon said that the only comments on this site were!from the Engineering Department. There is a memo which reads: "The name 'The Meadows' is similar to another platted subdivision and should be changed." Mr. Cannon said there might be some conflict(the Engineering Department felt~with that of the Meadows 300 Development and there might be some confusion about the name. Chairman Ryder asked the applicant, Mr. Charles Gilbert, if he was aware of that and explained that there is a development near Hypoluxo on the west side of Congress Avenue called, "Meadows 300". Mr. Gilbert said that they were not aware of it when the~~- filed the plat; they were told the name of the plat would have to be changed even though their plat was called "Meadows at Hunters Run" which is different from the"Meadows 300"- they are changing that name on the plat. Chairman Ryder repeated, "You are changing 'it." Mr. Gilbert said he was but would rather not. Chairman Ryder said that it would avoid confusion in the future and Meadows 300 preceded this particular request. Mr. Gilbert said that since this application was filed, he tried to reach Mr. Annunziato this morning and was unable to. He was informed by his engineer that the South Florida Water - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 11.4, 1982 Management District has requested a revision in the retention scheme. Chairman Ryder asked Mr. Cannon to point to that. Mr, Cannon showed the location to the Board. Mr. Gilbert said that he brought some drawings along. Mr. Annunziato described the initial scheme. He said that it was a construction of underground pipes which direct the surface water to the western limits of the property continuing with underground perforated pipe northward then along the western property line track and then flowing into the expanded Lake Worth Drainage District Canal 29. Mr. Gilbert was informed last night that they were unable to do that and that the South Florida Water Management would prefer having a lake on that property, therefore Mr. Gilbert brought a new drawing. He showed the Board the area in which they have incorporated a. lake which would satisfy the requirements. It did not effect anything else on the tracZ except the inclusion of the lake. He brought some drawings illustrating that. Formerly the water was in the perforated pipes, which location he pointed out and said that this will now allow them to come directly into the area depicted and then piped into the lake. It was passed around to the Board Members, Mr. Annunziato proceeded to advise the Board that the locations of the buildings and the uses do not change except for the addition of the lake, however, he said he was obviously not in a position to pass judgment on the lake as this was an engineering issue having to do with drainage. What he thought the Board could do, between n~wa~dth~_CitycCounci! meeting, would be to instruct the applicant tO have his e~gineer meet with the City Engineer and require confirmation from the City Engineer. He said that this not only involves a change in the site plan but it will also involve a change in the plat which will follow. There is a change in drainage calculations and Mr. Annunziato said that he was not in a position to offer recommendations on that. The only alternative he coul~d see would be to table it or to require that the applicant's engineer meet with the City engineer sometime between now and the Council Meeting and very specifically , work out the particulars of this change. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 19 82 Chairman Ryder thought the Board could do that and in the event it was satisfactory, the applicant at that time, can explain that matter to the Council° Mr. Gilbert asked if he understood that correctly. Was it possible for the Board to approve the scheme pending those conditions, he questioned. Chairman Ryder said that was correct, subject to the conditions. What Mr. Annunziato suggested to the Board was that they require the applicant's engineer meet with the City Engineer betWeen now and the Council Meeting to provide not only this drawing but change the preliminary plat and the appropriate calculations. Chairman Ryder added, "Subject to approval by the City Engineer of the relocation of this retention area," Mr. Gilbert agreed and asked when the Council was meeting. He was told a week from today. Chairman Ryder reiterated that it would be subject to the approval of the Chief Engineer of the relocated retention basin. Mr. Linkous asked Mr. Gilbert what "the greenery area" was and where he was now going to put the lake. Mr. Gilbert told Mr. Linkous that it was a landscaped area, They will get more room f©r the golf course. Mr. M. auc~i added that would be located on the fourth hole of the north course, right after the Par 3 - the fourth hole. It would be going to the green on the right side. Chairman Ryder felt that was clarified. He asked if there was anything else other than the name change and the matter of relocation of the retention b&sin. Mr. Gilbert did have a question regarding the name change. He was informed that the plat must be changed~which he understood. He was informed that whatever they call their neighborhoods was really beside the point, within Hunters Run. Mr. Annunziato didn't know but thought that might not necessarily be true. He thought that was abrogating the intent of the change. If Mr. Gilbert was concerned about holding up the plat, Chairman Ryder didn't think so but thought the Board could again prove it conditionally. That wasn't ~at Mr. Gilbert was thinking. In each of their areas in Hunters Run, they - 18- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 assigned a name simply as a condominium name. He said~that the overall place is Hunters Run. For instance, he lives in Southport at.Hunters Run. Mr. Annunziato pointed out the basis for not permitting names which are phonetically similar. In Boynton Beach and with other developments they identify, with the development, i.e. "I live in Leisureville, I live in Village Royale, I live in Golfview Harbor"~ The problem, Mr. Annunziato said was when they receive emergency calls from Police, FiFe, whatever, people will immediately identify themselves saying, "I live at the Meadows". This is precisely the problem they had with High Point. "We will have two Meadows, in effect and this will initially cause a problem in an emergency situation." That was the baSis for not permitting similiar names, Mr. Annunziato pointed out. Chairman Ryder asked just what the problem was With'~.~he Change. M~.~Gilbe~ said'that~all the prospectus' a~e~being prepared andtheyare read' to go and a name change would jeopardize the developer at this point in terms of going on sale and so forth. It is all legally worked out. It was felt that The Meadows at Hunters Run was sufficient. Just as you had the Pines of Delray, you might find the Pines of something else - they had never run into this problem before so it was something new. The problem would be the fact that they are all set with all the complements. Chairman Ryder suggested that once they were built, it would not matter. Mr. Gilbert said that was correct and asked if he meant after they are all set. Chairman Ryder said "once they are built and occupied". Mr. Gilbert told Chairman Ryder that then the condominium could change its name and asked if that was whatChairmanRyderwas saying. Mr. Linkous asked Mr. Gilbert if he said they were in the process and if the literature and so forth had not been printed. Mr. Gilbert said that it was being printed; that it was set to print. Mr. Annunziato interjected at this point and thought that in this regar~ he was not sure there was much the Board could do in the way of aiding the developer. The intent of the subdivision regulation is very clear and specific ; whether i~s marketed or platted~ the intent is the sam~ not to have - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 developers carry names that are similar, The basis 'of the requirement is that in an emergency situation people are going to say they live at this place and the police or firemen are going to say, well, there is going to be a moment of hesitation, or perhaps even what could be worse, an emergency vehicle showing up at the wrong Meadows, or to the wrong High Point. And then there would be a problem. He just didn't know how we can aid him in this regard. Mr. Mauti asked Mr. Gilbert if Hunters Run had already started the condominium paperwork for The Meadows at Hunters Run. Mr. Gilbert said they had. Mr. Mauti said that in other words, they were"all documented and all". Mr. Gilbert replied that they were all set. Mr. Mauti said that he had experience with condominium documentation and it involves a"stack of forms". Chairman Ryder thought they had not yet been drawn up and asked Mr. Gilbert if the condominium documents had been drawn up calling the project "The Meadows. Mr. Mauti added, "This is what the problem is." Mr. Linkous asked, "Mr. Gilbert, would that not be a little bit premature on the part of the developer?" Mr~~ Gilbert replied, "Yes, well the developer was trying to get a start to go on sale as soon after Christmas as possible." Mr. Linkous realized that but asked if it wasn't a'little bit premature. Mr. Gilbert replied that it was but would put it, "this way - in trying to get his project going, a developer is always anxious to get it going as quickly as possible and hitherto we have never run into any problems." He said that it was a calculated risk. Mr. M~uti asked if Mr.' Gilbert's attorney could make a name change on those documents. Chairman Ryder suggested an addendum. Mr. Gilbert was sure there were ways to do it. Chairman Ryder thought that instead of changing it in each case, it could be done by addendum. Mr. Gilbert told the members that the Association has given these areas names to identify a neighborhood,"although you would hardly ever hear of it outside." He thought they would not know the Estates of Hunters Run or Southport of Hunters Run. They know of Hunters Run and that was where any external communications would identify, "Well, we are at Hunters Run." Mr. Gilbert stated that no one would ever dream of doing it otherwise. - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 Mrs. Bond said she agreed with Mr. Gilbert. Mr. Linkous said he still agreed with Mr. Mauti. Chairman Ryder noted that the addresses always have to identify the particular... Mr. Gilbert interjected that the addresses always identified it. In this case, he thought that they would not identify it as "The Meadows". They would not'call it "Meadows Lane" or some such thing because they had been informed that there is a Meadows Boulevard. The City Planner asked Mr. Gilbert if there had been any sales. Mr. Gilbert replied that there had not. Mr. Annunziato reiterated that there had been no sales or documents recorded. Mrs. Bond reported that when you go into Delray Dunes they say, "I'm going to Delray Dunes". They have different sections.~inthere as well, she said, and they didn't refer to them in that manner. It was pointed out that there is no conflict there as there would be with the Meadows. Mr. Ma,~uti said that Delray Dunes was one complex. Mrs. Bond agreed but stated that there were different sections in there too. Mr. Ma~ti said they were not per se condominium complexes. Mrs. Bond said they had the Villa sections in there that were named that way. She thought it was the same at Quail Ridge ( Partridge Village~). Mrs. Bond said when you are going, yo~u .~re saying you are going to Quail Ridge. Mr. Mauti wanted to differ with Mrs. Bond. He thought when they say "Where do you live at Quail Ridge", they say, "I live at Partridge Village." She had never heard people referring to things like tha~. Mrs. Bond said, "You are going to the area of Partridge Village but you are going to Quail Ridge." Mr. Gilbert thought it was an unimportant thing and that no one ever says he lives in "The Estates". Mr. '.Gilbert said, "he says, 'I live at Hunters run'." Mr. Annunziato interjected that again he thought very clearly this was an abrogation of the ordinance. - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 The City Planner brought out that the intent was not to have similar or phonetically similar names. "That's almost a quote", he said~. He didn't think that it was something that the Board could really comment on. What he meant was something that the Board could make recommendations on in favor of or against. Mr. Gilbert said he didn't think the Meadows at Hunters Run is the same as Meadows 300. He thought it was a matter of interpretation, and that there wasn'~t'ahything written per se. Chairman Ryder believed the Board had no problem other than that. He said based upon the City Planners comments, the Board would be obliged to make a recommendation. Of course, it would go on to Council and Mr. Gilbert may get a different result there. He asked how the Board members felt about that. Mr. Mauti commented that if a motion were made, it would be made subject to staff comments. He said he would make a motion that the Board approves it subject to staff comments. He would make a,recommendation that the Meadows submit it to another platted area and if Mr. Gilbert can cooperate and modify it to some extent, he would make that motion. Mr. Linkous seconded the motion. Motion carried 7-0. Mrs. Bond noted that instruction of the City Engineer for the new site plan for the lake, was omitted. Chairman Ryder thought the motion should be amended. Mr. Ar~unzi~to'agz'ee~f.!,that it should be a clear instruction from the Board to the applicant~ Chairman Ryder ad~edl.tha~ .. it should also include that this is being recommended to Council subject to ~e'CitY'JEngine~'s approval of relocation of the retention area. Mr. Mauti and Mr. Link. Qus~zagzeed to the amended motion. The amended motion was accepted by the Board. 'SITE PLANS Project Name: Agent: Owner: Location: Description: LaNotte Restaurant Modification Jack M. Clark P L & G Enterprises, Inc. 2280 North Federal Highway, Boynton Beach Relocation of Main Building - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 Chairman Ryder noted that LaNotte Restaurant would operate only at night. He was told that was correct. Chairman Ryder made note that the site was currently under construction. City Planner, Carmen Annunziato said that this was an in-process site plan modification and for tbs Board's edification, he passed out a modified memo from Mr. Cessna to be superimposed over the memo that went out with the Agenda packet. Mr. Annunziato went over the modifications. He referred to the letter from Philip E. Reeves, Architect as follows: "City of Boynton Beach P. O. Box 310 120 N.E.2 Avenue Boynton Beach, Florida 33435 Attention: Building Official LANGITE RESTAURANT 2280 N. Federal Highway Boynton Beach, Florida This letter serves to notify the Building Department that minor revisions and alterations have been inoorporated into existing construction. The items are as follows: Complete structure had to be moved a total of(12')twelve feet to the west due to requir~nents required by the Health and Rehabili~%ative Services of Palm Beach County Health Dept. a. Pool shape was revised, 2 radii at S.W. and S.E.Corners. Ground floor toilets north side have shower stalls (1 in Men's restroom, 1 in WGnen's restrocE), Bench-lockers as required byPalmBeachHealthDepartment. Interior bar shapes will be changed. 3. Toilet facilities: a. Additional facilities were added as follows: - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 "Second floor: Ax~ded 5 (five) water closets in Women's Restroc~. Added 1 (one) water closet and 1 (one) urinal in Men' s Restrocm. 4. Exterior wood deck was revised to a concrete finish. 5. Sidewalk extended toward the west approximately 12'-0". All other aspects of the plans have been incorporated into the structure to this point of ccmpleteness. I hope this meets with your approval. Very truly yours, /s/ Phillip E. Reeves Phillip E. Reeves A.I.A. Architect, Inc." Mr. Annunziato said Item 91 was in regard to the location of a pool to the east of the building. Chairman Ryder reiterated that the pool was east of the building and asked if the building had to be moved westward. Mr. Annunziatio said it had to be moved 12' in order to provide for a separation. He thought that apparantly that was a requirement of the Health and Rehabilitative Services of Palm Beach County Health Department. Secondly, continued Mr. Annunziato the pool shape was revised in a minor way. Thirdly, the ground floor toilets on the north side have shower stalls in the men's and women's and bench lockers. He said this was also required by the Health Department. The fourth item, Mr. Annunziato explained was the interior bar shapes would be changed. The fifth item was concerned with restroom facilities and added on the second floor, five water closets in the women's restroom and one water closet and one urinal in the men's restroom and the next item concerned the exterior wood decking revised to a concrete finish followed by an extension of the sidewalk - 24 - MINUTES - PLA~qING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 which was on the south side of the property westward by an additional 12'. Mr. Annunziato said that Mr. Cessna's memo related to the LaNotte Restaurant. Chairman Ryder asked if this was a stipulation from the representative of the owner, that this is what they planned to do. Mr. Annunziato said that was right. Mr. Annunziato continued that he is now asking the Board to superimpose that letter with the me m o from Mr. Cessna, Director of Utilities related to LaNotte restaurant. The following is the.ltext ~of Mr. Cessna's December 8th memorandum: '~ecember 8, 1982 TO: Mr. E.E. "Bud" Howell City Building Official RE: LaNotte Restaurant This memo is to revise our recc~m~ndation of December 6th on the above--- The portion of the gravity sewer, which is within .the LaNotte property,will be turned over for operation and maintenance, to the owner because of the potentially expensive maintenance and repairs. e The owner will be required to install and clean- out at the north property line where the sewer extends into the L~s Pa/mas subdivision, at his expense. 3. The sewer force main may either be relocated or may be raised so that it has the 30-42' of cover. e A Hold Harmless Agreement, approved by the City Attorney, in relation to the force main must be given to the City by the owners. The above should be completed prior to C.O. 's being issued. - 25 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 'Please advise. /s/ Perry A. Cessna Perry A. Cessna, Director of Utilities" Mr. Annunziato read a communication as follows(to Mr. Annunziato from Mr. Cessnal: "Please withdraw my m~no dated December 8th to Bud Howell regarding the above and substitute this memo with ~proviso that they, being the the developer, give the City a Hold Harmless Agre~uent whi'ch will protect the City frc~ having to replace any plantings or landscaping on or over this easement. Mr. Annunziato explained 'this easement' being a utility easement which is encumbered with a force vein and a gravity sewer system. "This Hold Harmless Agreament must be approved by the City Attorney prior to execution~. Based on this a C.O. may be issued." Chairman Ryder thought this memo could not entirely be withdrawn because there were other stipulations in it. Mr. Annunziato pointed out that Mr. Cessna wished to withdraw it with his memo "dated today" because those other items were no longer an issue. Chairman Ryder thought it didn't say that and it said to"Substitute ~is memo for his" Mr. Annunziato reiterated that that was the intent. Chairman Ryder thought that this later memo did not provide for the other stipulations. Mr. Ahnunziato understood that and said it was a very specific intent that "this is now the only recommendation that Mr. Cessna is making with respect to the modification"... Chairman Ryder clarified that Mr. Cessna therefore no ,longer insisted on the other requirements. Mr. Annunziato said that was correct. Chairman Ryder wasn't sure whether that was so because he did mention the "Hold Harmless Agreement" at the end. Mr. Annunziato explained that it was a different kind of - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 Hold Harmless Agreement concerning the utilities themselves. Chairman Ryder knew now that it was a complete substitution. Chairman Ryder asked Mr. Cannon, Assistant City Planner if he has any comments. He did not. Chairman Ryder asked to hear from the agent. Mr. Pete Gandolfo came forward explaining to the Board that they would have to have patience, as he did not speak English well. If Mr. Gandolfo understood correctly, he said that he would hold the City harmless for the landscaping on top, "not for what is on the bottom." He said, "if he's going to replace the sewers, or what he's going to do", he has got to do it. Mr. Gandolfo didn't mind replacing the plants. Chairman Ryder asked Mr. Annunziato if that isn't what the memo clearly said. Mr. Annunziato said that it was~very~clear as to limitations. Mr. Gandolfo said he couldn't read too well and that he didn't understand; that is why he has repeated himself as to what the "paper said". He added that he thanked the Board for the opportunity to speak and invited them to come to the restaurant when they open up in January sometime. In answer to Chairman Ryder's question, Mr. Gandolfo said he expected to open before the end of January ( January 25th or 30th[. Chairman Ryder was at LaNotte that morning and said they were "really moving along". Mr. Gandolfo asked him if he liked it. Mr. Ryder replied that he thought it was going to look good. Mr. Mauti made sure that Mr. Gandolfo understood according to Mr. Cessna's memorandum that the agreement must be obtained before they would'.give him a C.O. Mr. GandOlfo said he understood and that it was no problem. Chairman Ryder added that he had plenty of time before he came in for a C.O. Mr. Gandolfo said he would be glad to do it. It was not plaDned anyhow, so what was the difference, said Mr. Gandolfo. / Mr. Hester motioned to approve the site p~an and restaurant modification subject to staff comments. The motion was seconded by Mrs. Bond and carried 7-0. - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 SUBDIVISIONS Preliminary Plat Project Name: Agent: Owner: Location: Description: The Meadows at Hunters Run (Tract D2) Hunters Run Charles Gilbert Summit Associates, L.%d, Tract D2 - North of Summit Drive and Coconut Lane Preliminary Plat Mr. Annunziato advised the Board that the application before them was a request for a preliminary plat approval for Tract D2 for a replat of Tract D2 at Hunters Run Golf and Racquet Club. As they well know, Mr. Annunziato told the Board these kinds of plats provide for the construction of sewer, water, paving and drainage consistent with City standards and specifications. The plat was reviewed by the Technical Review Board and comes to the Planning and Zoning Board with a recommendation for approval based on the memo ~--" transmitted to Mr. Annunziato from Mr. TOm Clark, City Engineer. Within that memorandum there were five comments as follows: 1. The name "The Meadows" is similar to another platted subdivision and should be changed. Spelling in the boundary description should be corrected. e The north boundary line should have addition P.R.M.'s except where they will be under water. Lake should be identified on "Tract 3" by note or approximate shore line. Details for the exfiltration trench will be changed to show rock around the pipe." Mr. Annunziato said of Item 5. that apparently it was one of the issues that the Water Management Districts decided in connection with the drainage system. - 28- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 Chairman Ryder added that it was also subject to change of the location of the retention areas. Mr. Annunziato said, "Absolutely". There was one point he wanted to mention in connection with the site plan which he did not. This tract was approved to 280 units as a part of the zoning. The applicant had requested 36 units. Mr. Annunziato's ~staff recommendation is that the preliminary plat be approved subject to Mr. Clark's memorandum. "And also Mr. Clark's approval of the relocation of the retention area", added Chairman Ryder. Mr. Gilbert referred to No. 3 in the memorandum and informed the Board with regard to the north boundary Iine,"all the rest are under water." Chairman Ryder asked if he knew what the spelling correction referred to in Item No. 2. Mr. Gilbert did not. Mr. Annunziato informed him that in the description there were two errors. Mr. Gilbert thought that Bench Mark was aware of that. "With regard to the monuments" asked Chairman Ryder. Mr. Gilbert replied that they were all under water on the north side. The location plaque will no longer be in the area suggested. Chairman Ryder asked if they should indicate that. Mr. Annunziato said in the manner in which they would address the issue, it would be similarly treated with respect to Mr Clark or the applicant's engineer meeting with Mr. Clark to discuss these specific changes related to drainage. He suspected the end result would be minimal. It would have minimal impact on the development and would just be a redirection of the water but it is something that Mr. Clark would have to look at in terms of calculations and cross section of the zoning. Mrs. Bond motioned that the primary plat be recommended subject to the water retention area relocation and subject to Mr. Clark'~s comments and staff comments as well. Mr. M~uti seconded the motion. The motion carried 7-0. Chairman Ryder said that completed the business part of the Agenda, however, they did have an item that has been referred to the Board. - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 DISCUSSION ITEM Review of Approved Residential Densities alonq North Conqress Avenue with Reference to an Informal Assiqnment Density for the Melear Tract Chairman Ryder told the Board Members the input they have relates to the Melear Tract. The Plan shows an area being newly developed to some extent. It is also being annexed into the City of Boynton Beach. It deals with the area adjacent or fronting on COngress Avenue. 'The shaded area is the Melear Property. Chairman Ryder said there were indications of recent development and recent approvals by the City of Boynton Beach. The problem was a matter of density. The Board would note that they had some recently approved developments. The site is north of Congress Lakes PUD and north of the Sand and Sea Mobile Home. It is opposite a commercial area, part of which is Motorola. The area under discussion is opposite Dos Lagos PUD which is anew development, Chairman Ryder said. Above that was the Boynton Lakes Development on the easterly side of Congress. On the westerly side of Congress Avenue, there is the Meadows 300 (That was Where the other Meadows is, referred to earlier). The question here was a matter of acceptable densities. What is also involved, is the proposed annexation into the City in order to get water and sewer and other services. Chairman Ryder asked Tim Cannon, Assistant City Planner, to point the subject matter out on the overlay for the people in the audience. Mr. Cannon showed the audience the Melear Tracts, Dos Lagos, Congress Lakes, Motorola, Meadows 300 PUD, Boynton Lakes. Mr. Annunziato advised the Board that the reason this was coming before the Planning and Zoning Board was because the applicant wished to receive from them, an indication as to an appropriate overall density for the so-called Melear Tract. Several months ago the City was contacted by the applicant's attorney requesting a letter of utility confirmation in connection with a request to provide a zoning application to Palm Beach County for a planned unit development of 9 units per acre~ The City administration felt they were not in a position to write such a letter for several reasons. One was the capacity of the utilities. More importantly, another reason had to do with the density interface of this development - 30 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 with those developments already existing within the City. ~r. Annunziato disclosed that there were several meetings held, not only with staff of Palm Beach County, but specifically with the Zoning Department. Discussions were had concerning a proper density or a range of densities for this particular parcel of land. Mr. Annunziato held that a County position in this regard, was that they would support, from their point of view, and certify for public hearing, any density that is both consistent with their plan and also supportable from a utility viewpoin~ based on~a written confirmation from the City of Boynton Beach. It was the administration's feeling, Mr. Annunziato set forth, that because this property has signed a letter of intent to annex, and because they can annex, there are no restraints with respect to contiguities which could not be overcome, that they are, in fact, obligated to annex. Because of that, the City administration was reluctant to write any letters. Because of the aforementioned, Mr. Annunziato accounted for the question arising, "Well, Hkay City, what kind of density would you permit us to develop at,consistent with the surrounding land uses?" 'The City had made some analysis and he didn't know that they had a final figure in mind'from an administrative viewpoint, however, the applicant has requested this form with the Planning and Zoning Board that would be reviewing the applications for zoning and annexation and would be making recommendations to the City Council. Some of the concerns the City had from a planning viewpoint, Mr. Annunziato described, were the reduction in densities away from the very intensive land use which is associated with Motorola, Congress Lakes and the Boynton Beach Mall. He noted it would be found in Boynton Beach, and in unincorporated Palm Beach County, in all directions, the intensity of land use diminishes as one moves away from Congress Lakes, Motorola and the Boynton Mall. Mr. Annunziato said they have seen this in several forms. He has written annexations where he has pointed out densities and land uses in surrounding areas. They also pointed out that even though there are three planned unit developments which are adjacent and under construction, there are ranges of density from low density to what Mr. Annunziato would consider to be "moderate density" at the perimeters. However, the gross density or overall density in each of those projects does not exceed 4.8, specifically - 31- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 Meadows 300, Boynton Lakes PUD and Dos Lagos PUD. They were familiar with the land development for those three developments. There are more intense packets of density at the perimeters and the result is reduction in density as they go away from the road rights-of-way particularly near Congress Avenue. That was a concern. Mr. Annunziato said that this property does share a boundary with Congress Lakes which has net densities which exceed 11 units per acre and this becomes a sensitive border from their point of view. It needs to be buffered with similar kinds of development. Mr. Annunziato pointed out that the issue in the Melear case was gross density and the applicant is asking the Planning and Zoning Board for their comments (certainly not recommendations) but comments with respect to appropriate assignment .of density over this property. Chairman Ryder wanted to emphasize that to the board and that "Tonight, there is no determination required of the Board as to any specific consideration or approval. It is a matter of review." Chairman Ryder said that as Annunziato pointed out, everything above Motorola and~ Congress Lakes has already been approved and they are all Under construction with relatively low densities of 4.5, or 3.8 or something like that. This tract is directly opposite Dos Lagos with an. overall density of 4.5. In contrast, as the Board saw from the plan, Congress Lakes is opposite Motorola which isoppositeComme.rcial~ It is in front of Sand and Sea. Chairman Ryder also said that to the south of Congress Lakes there is the new Boynton Beach Mall and then going northward there is Congress Lakes PUD and then there is this Melear property; beyond that there is what is relatively low density in the new developments. Mr. Mauti asked who put the density on the Melear property in regard to the number? Mr. Annunziato replied that was taken from the applicant. Mr. Mauti clarified that they were his (.the applicants') and not "Staff". He asked if the only ones that were staff were the ones that were under construction or those that have been approved. He asked if he was correct. Mr. Annunziato said that was correct and that all other densities are approued during construction. - 32 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 19 82 Mrs. Bond observed from the rendering that there was an area within the Melear Property showing "18.4" density. Mr. Ryder noted that the densities varied and that the overall was 9.0. Mrs. Bond understood and knew that. Mr..Annunziato introduced Attorney Alan J. Ciklin, representing the Melear family. Mr. Alan J. Ciklin, P.A. is of the law firm of Boose, Ciklin & Martens, 2000 Palm Beach Lakes Boulevard, The Concourse, West Palm Beach, Florida 33409. Mr. Ciklin said he was at the meeting to "really make an inquiry." He stated that the plan seen superimposed on the density calculatiOns, was really a conceptual plan. Their original plan was to go to Palm Beach County and this would be compatible with both their comprehensive plan and the recommendations of the Palm Beach County Building and Planning and Zoning staff. He needed to tell the Board for reemphasis that this development was in the unincorporated area of Palm BeaCh County. As they knew from their experience on the Planning and Zoning Board, the comprehensive plan that all municipalities in the unincorporated area were required to adopt, served as a guide line for development in a certain jurisdiction. In Palm Beach Countyrhe said,they were fortunate enough to have that guideline and as Mr. Annunziato told the BOard, the Palm Beach County Comprehensive Plan shows "this area in the range of 8 to 12 units per acre.~ and up to 16 with the transfer of development rights." He stated that was based on public hearings of the Board of County Commissioners, the Palm Beach County Planning Commission and the Palm Beach County La~d~UseAdvisory Board all of which do work in the unincorporated area. Attorney Ciklin explained that in the unincorporated area, the government had the benefit of that comprehensive plan designation and so did the developer and he guessed one of the good things was that government knew what to look for and "the bad news, or the good news, depending upon how you look at it", the developer knew what to expect. In order to get rezoning in Palm Beach County, Mr. Ciklin continued, they need confirmation of utilities and the only utilities available were through Boynton Beach. They signed an agreement to annex which was approved by the City Commission, however, there was a determination of staff, that in fact, they - 33 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 were going to annex, and get utilities from the City, that they should be in the City and go through governmental approval from the City. He said they did not have any real problems with that. The problem they did have was that in the County, where they have the comprehensive plan designation showing 8 to 12 units per acre, in the City of Boynton Beach, they do not have the same benefit of that guideline for future development. Attorney Ciklin said, "So, what, in effect, we would be doing, would be to apply for rezoning and PUD approval in the City without knowing what to expect. Kind of shooting in the dark, if you will. The reason we are here tonight is to tell you how we see this and ask for some sort of help in telling us what we can kind of look for as far as densities in the area." Attorney Ciklin explained that the plan being propOsed had been conceptually approved by the staff of Palm Beach County. They have gone there and the County haS said it was compatible with their Comprehensive plan and as a matter of fact, it was on the low end, Mr. Ciklin told the Board. He continued that the County said they liked what they did and that is what he was showing the Board tonight. He reiterated that it was conceptual. The Counselor informed the Board that the plan, as they could see, was a mixed use development. They have a combination of quadruplexes, town homes, condominiums and some single family residences. He explained that the single family residences as shown in orange on the back of the plan, they thought provided a "nice housing mix" because it provided single family opportunity at a low cost and was becoming almost nonexistent or less and less existent. The project which is about 155 acres, is complete with recreational amenities. Most of the units are on lakes. He said there was a 3.1 commercial site which was about 1/2 of what they thought they would be permitted. All in all he stated, the project allowed people to remain in the community and have everything they nee~ from recreation to commercial opportunities, without leaving. Attorney Ciklin said they performed a density analysis. They saw that a little differently. They "see Congress Avenue as presently a two lane thoroughfare, soon to be a four lane thoroughfare and with the alternate right-of-way for six lanes, we think that's a pretty good demarcation point from the east side of Congress to the west side of Congress." - 34 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 Mr. Ciklin told the Board that his Client looked at the surrounding densities as they related to the immediate properties adjacent to the Melear Property. The adjacent properties surrounding them are the Mobile Home Park, Congress Lakes, etc. The Mobile Home Park he said was "kind of a key in thins density calculation". As the Board knew, a Mobile Home~ Park did not have the benefit of stacking units, lot lines, and things like that. What he was really talking about with the Mobile Home Park was intensity rather density. Chairman Ryder asked Attorney Ciklin if he was considering this as a PUD as he was talking about lot lines. Mr. Ciklin said he was. "Then lot lines don't play an important part.." retorted Chairman Ryder. Attorney Ciklin explained that he was not talking about his PUD right now. What he was doing was talking about comparative densities and suggesting that the Mobile Home Park area, although it was at 5.6 units per acre, was very, very intense. The reason it was intense stated Mr. Ciklin, was beCause, unlike PUD, Congress Lakes or the Melear PUD or The Meadows, units can't be stocked or can't be placed together and they are "kind of j!ammed in". Attorney Ciklin said that the Mobile Home Park has a typical lot size of 4,200 square feet which he thought was awfully small. He was suggesting that the following units give a reflection: (densities give part of the picture) Congress Lakes 11.2 Knollwood 8.0 The Meadows~ 4.8 Units Per Acre Units Per Acre Units Per Acre He said, also to be taken into consideratio~ was the intensity of the Mobile Home Park which is 250 acres. That was almost 6 mobile homes per acre. He continued to say that "We believe that the combination of the factors that I've!.tried to ~ett'you about tonight, 41) the land use plan~recommendation of Palm Beach County which is 8 to 12 of the transfer of development rights to 16. The 11.2, the 8, the intensity of the Mobile Home Park, and the. 4.8 at The Meadows, with the combined densities of 7.15 in that area, and the opportunity that this density provides us in providing a mixed use development, we think reflects a density in ~his area in the same basic range as the Palm Beach County Comprehensive Plan which is 8 to 12 units per acre. We think we can do a good job at that density - 35 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 and we don't differentiate too much from the Ri~ecc and C~ongress Lakes piece to this. We are 2 plus units less than that one and we agree with Mr. Annunziato's analysis that moving down from the Mall and down from the major commercial at the intersectio~ densities should be tapered and in fact, this is a tapering or'those densities." Attorney Ciklin continued, "One other thing that does deserve comment and that is the relationship of the water and sewer capacity to the project's density. The Congress Lakes petition, which is right next door to us, had the same Boynton Beach plan recommendation as the parcel we are talking to you about tonight, and that received water and sewer for its 11.2 units per acre. "The Knollwood Orange Groves PUD which received a density in Palm Beach County of 8 units per acre, had a recommendation of less than that in the City of Boynton Beach. "Our request to the City along with our annexation agreement, was accompanied by a letter that said we planned on doing 8 to 12 units per acre on this particular project so when our annexa- tion agreement was approved and when water and sewer was confirmed via that annexation agreement, it was on the basis of 8 to 12 units per acre. We don't think that there is a realtionship between the capacity or the ability to give water and sewer unless there is none and the density. We understand that there is water and sewer available. We understand there is enough to serve the capacity at 8 to 12 units per acre and we don't think that Should be reflected in ~the density allocated to the Melear PUD. Mr. Hoggard who is the man that was pointing, is from Gee & Jensen, ~rchitects, Planners & Engineers ~ and ~idr~he~Land Useplanning for this, Larry Melear is the Melear son and ~n charge of this project and as you may know, the Melears' have been area residenHs for several years and this is one of the last tracts that they have had the privilege of owning. Any of the three of us will be pleased to answer any questions, should you have them." Chairman Ryder asked Mr. Ciklin wha~ accounts for the 18 they have shown in the southeast quadrant. Mr. Ciklin replied the reason for the 18 was that interfaces most closely with the -~iteco Congress Lakes parcel who are at 15.7 in that particular area and they felt that was compatible density since they backed up to them. He continued, it was also due to the fact that 18.4 units per acre, for the most part, borders on Congress Avenue. That was the reason for having more density there and tapering the density to the other areas. - 36 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 ir' -- Mr. Ciklin responded to a question that the units would be'multi-storied, four stories high. Chairman Ryder asked Attorney Ciklin if they would be opposite Dos Lagos since he said they were on Congress Avenue. Mr. Ciklin said they would be across the street from Dos Lagos, "and again, that will be a four laned, pretty heavily travelled road with alternate rights-of-way for six lane plus the berming on the other side of Congress. It is across the street from Dos Lagos, but we don,t think Dos Lagos is a fair comparison with a neighbor. We think Congress Lakes, Meadows, which is 4.8, Knollwood and the Mobile Home Park which are the surrounding properties, are really more reflective densit~ .comparisons." Chairman Ryder told Mr. Ciklin that in appearance, Dos Lagos and BoYnton Lakes buildings themselves are set well back from the road. Attorney Ciklin said that was correct. From what Chairman Ryder could see from the rendering, the Melear development contemplated multi,stories buildings pretty close to Congress Avenue. "That's only in that general area", Attorney Ciklin said. Chairman Ryder added, "In.that southeast corner". Mr. Ciklin concurred but said it was compatible with the Riteco site plan as well. He said, "They are planning the same thing in that area and that is why we have tried to be compatible with their project." Chairman Ryder said, "Except that they are not opposite Dos Lagos." Vice Ch~-i~nanWinter.explainedthat~the only reason the City actually approved Congress Lakes PUD was because there was a factory across the street from them and they assumed that most of the workers would be going across the street to go to work. For that reason, there is also rental property in that area and that is why the density was so high there, advised Mr. Annunziato. He also told Attorney Ciklin that once they got away from that (in fact, he thought most of the Board was opposed to that) there wasn't really anything they could do about it. Now the City is getting away from that and going back to a more residential area, or getting back into residential sections, Mr. Annunziato didn't see where Melear could compare itself with Congress Lakes which is directly across the street from the factory area or industrial areas. - 37- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 Attorney Ciklin said, "We don't think that we are really comparable to Congress Lakes. We think that we ought to be at less units per acre." '"I agree. Maybe one-third or one-half of Congress Lakes." Mr. ~int~r~isaid~ Mrs. Bond called attention to the developer "Going to 18." Attorney Ciklin thought two-thirds of Congress Lakes was about what they were thinking. Mr. Winter was saying that the average is nine density units per acre. He would say about ha!f~wo~-ld~-probabl~ be a realistic figure. Attorney Ciklin asked, "About 4.5?" He didn't think that compared with a mobile home park that has 4,200 square foot lots. ~. Win~S~ told him that a mobile home park was something &ltogether different. Mrs. Bond agreed. "But it is our neighbor and it is 250 acres." Mr. Ciklin replied. "And so is the Meadows your neighbor" noted Mr. Winter, ~ ~ Mr. Ciklin interjected that that was correct and so was Kn~llw~od at 8 units per acre and so was Riteco at 11.2. Mr. Ciklin said, "We think all that boils down to the lower range of the 8 to 12 density units per acre." When Attorney Ciklin made a comparison with Congress Lakes, asked Mr. Mauti, with a 15.7 to 18.4, where did they get the comparison on the other side. Mr. Mauti noted that on Sand and Sea, they have a 9.5 based on a 6.4. Mr. Ciklin told Mr. M~uti that he did not understand the question. Mr. Mauti reiterated that Attorney Ciklin made a comparison with Congress Lakes having 15.7, and that is why they had the 18.4. Attorney Ciklin said that was correct. "And here where there is the Sand' and Sea, where they have a 6.4, you have a 9.5. Where is the comparison there?" asked Mr. M,auti. ' Attorney Ciklin replied, "The comparison that we made there was that we think that 9.5 units per acre in quadruplexes with lots,of open space, with units on lakes and recreational facilities, is comparable to a mobile home park on 4,200 square foot lots where the units are 15 feet apar~ and where there is virtually no open space and no recreational facilities, as you saw from the area that Mr. Hoggard showed you." - 38 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 19 82 Mr. Annunziato had several comments to make. He thought it was important to digress and talk about the Palm Beach County Comprehensive Plan and the various forms it has assumed over the years. The Board, acting as the LPA, will recall that when they prepared their plans, they were based on densities which, at that time, were consistent with the proposed Comprehensive Plan of Palm Beach County. There is no mistake as to the 4.8 in the North Congress Avenue corridor, Mr. Annunziato declared. He stated that it was in fact based on a consistency with plan proposals at the time the plan was developed. There is no question now that the urban service concept which the Palm Beach County Comprehensive Plan proports, is a good one, and certainly in certain areas it is substantial and needs to be enhanced. There is a problem, reported Mr. Annunziato. In discussions with the County staff, particularly the Zoning Director said, "Yes, that is our base recommendation. However, there is no requirement of density. There is no marriage of the County staff or the County Commission to that density. It is based on not only conformance standards but another policy of the Palm Beach County Comprehensive Plan, which is interfaced with surrounding land uses." This statement, Mr. Annunziato believed, was made by Mr. Lunney in the presence of both Mr. Ciklin and himself. There were two very important points then.~ One: These densities that are in the City, were based on the Plan which was proposed by Palm Beach County at the time the City developed its plan. Had this been adopted before the City's Plan, Mr. Annunziato told the Board, "We may haVe had different concepts to develop in Boynton Beach; however, we did what we had to do at the time based on the knowledge that we had." Secondly, Mr. Annunziato continued, even though Palm Beach County Comprehensive Plan provides for a maximum of 8 to 12 within a PUD and comes up to 16, with the transfer of development rights, there is no marriage on the part of the County staff or, he thought, the County Commission, to that density, unless there is consistency of the performance criteria and consistency with other Comprehensive Plan policies which include interface with surrounding land uses. Extending the point of surrounding land uses, Mr. Annunziato added that overall, taking the densities of all of the adjacent properties, you will find on the average, the density is 6 units per acre or; that is taking all municipal properties and incorporated properties which have development approval and are under construction. - 39 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 Mr. Annunziato's final point was that he did not think East Congress could be separated from West Congress, even though Congress Avenue will be developed within that section to four lanes commencing next fall and to six lanes probably by the year 2000. You cannot separate East Congress with West Congress, Mr. Annunziato reiterated. This is Congress Avenue in Boynton Beach; this is the only tract that remains not in Congress Avenue within Boynton Beach, from Old Boynton Road, North of HYpoluxo, In Mr. Annunziato's mind, he did not think you could separate this parcel for the west side of Congress from the east side of Congress when you are relating it to the intensity of the land use for density. Chairman Ryder asked Attorney Ciklin if he had a further presentation of this proposal. Attorney Ciklin replied that he did not. Attorney Ciklin said he did have a brief recap and a couple of comments regarding Mr. Annunziato's remarks. He stated that the Palm Beach County Comprehensive Plan does reflect twelve ith a density bonus of sixteen. The Palm Beach County staff has indicated that they look favorably on this, he stated. He did not want it to be thought that they did not. They did look favorably on the particular concept and the density allocations Melear has given to it. He reemphasized that this was a conceptual plan and was something to look at. He came before the Board for advice and counsel and maybe some guidance as to what kind of densitite they ought to be looking for. He told the Board that right now, they did not know. Chairman Ryder called attention to the irrelevancy of what Palm Beach County had in mind because of the contiguity that Boynton Beach hast He pointed out that you cannot get the services if you are contiguous without being annexed. He further noted that whatever the policy of the County is, it is not relevant because Melear is not going to be in the County and get sewer and water facilities from the City, Thr reason Attorney Ciklin thought it did have some relevancy was because he obviously could not tell the City that Palm Beach County sees that this is 8 to 12 and, therefore~ the City ought to too. He was suggesting that Palm Beach County goes through a very lengthy process each time they review densities in an area. He thought Mr. Annunziato could verify this. -The Counselor explained that it originally goes through County staff, and then through a Citizen's Board of about 15 people - 40 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 19 82 called, "The Land Use Advisory Board". They listen to hours and hours of testimony. It then goes on to the Palm Beach County Planning Commission. Attorney Ciklin said that was equal to the Boynton Beach Planning and Zoning Board, in the unincorporated area. It then goes on to the Board of County Commissioners, all of whom "take a crack at the densities", he explained. What Mr. Ciklin said he was suggesting to the Boynton Beach Planning and Zoning Board .was that these densities were not something that were just "drawn out of the sky; they were done after hours and hours Of serious study." Chairman Ryder pointed out that in a sense, they constituted a holding pattern. He did not think they were realistic in that regard but constituted a holding patterD, knowing that possibly the areas involved are going to wind upwithin a municipality. Therefore, when they are so close to City limits, Chairman Reid did not see them as being realistiC. The Palm Beach County folks would probably not agree with this, Attorney Ciklin thought. Vice Chairman Winter explained that the Palm Beach County folks were interested in things like Delray Beach, which has a very high density, and West Palm Beach, which is high density. When you come into an area where their'densi~ies are 30, 35 and 40 and a~l of a sudden you get into an area where it is 4 or 5, Vice Chairman Winter said if he was on the P~lm BeachCountyPlanning Con~ission, he would look unrealistically, as if his own ar.ea was concerned. When you get into an area like Boynton Beach, Mr. Winter pointed out, "We have very low density. To the Palm Beach County Planning Commission, this is an abstract." In all due respect, Attorney Ciklin said he thought the densities in the unincorporated area that had already been zoned, are very compatible with the City of Boynton BeaCh's densities in this area as well. Mr. Winter thought that again Attorney Ciklin was referring to the Congress Lakes PUD, which had only passed within the last 60 days. That was not at all what Attorney Cikli~ said he was referring to. He was really referring to the whole general area, including the Lawrence Road area. The Lawrence RQad area has a density range of 4.5, '3.7 and 4.2, which he thoUght was very compatible with the denSities of Boynton Beach. H~ added that the densities - 41 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 Melear PUD was suggesting is appropriate on their site is in Boynton Beach's medium range and not in the high density range. "Are you saying that 18.4 is in our medium range?" questioned Mr. Winter. "Yes, sir. Maybe the overall project here is at 9 units per acre", replied Attorney Ciklin. Mr. Annunziato explained that would be the upper limits of the medium density category.~ advised that ~s what the Comprehensive Plan Attorney Ciklin asked if it was 8 to 10. Mr. Annunziato believed that medium denSity range was 9.26 maximum. Attorney Ciklin didn't read the Comprehensive Plan like that. Mr. Linkous asked Attorney Ciklin, when.' he mentioned Lawrence Road having four point density~if that is the area that has been utilized for many years,and were they not rather expensive homes. Attorney Ciklin said there were some single family residential homes there. He was talking about the most recent rezoning such as Gustafson PRD and Pride's Crossing PUD which are in that general density. Mr. Linkous added that was in conjunction with those that have been zoned many years ago. As he quickly calculated this, Melear PU~ was asking for about 465 more units; 6 per 155 acres, as opposed to thei~asking for 9 per acre~ Mr. Linkous asked if he wasn't right. Attorney Ciklin guessed what he was asking for was just for somebody to tell them what density range they should be looking for. He said they were not really asking for anYthing. He stated,"If you said, well, look at 6 to t0, or 2 to 3, this again is just conceptual. The reason we are here, since there is no Comprehensive Plan reflective of this area, we are asking for some guidance." Mrs. Bond asked Mr. Ciklin if he said there was a portion of a commercial area that he would like to develop as well. She asked him where that would be located. He pointed to the red spot on the map and said it was a permitted use in a PUD in the City of Boynton Beach. - 42 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 Mrs. Bond inquired if Attorney Ciklin then proposed 18.4 units per acre (in the brown area of the map). Attorney Ciklin responded that is in that general pocket. Mrs. Bond asked if that would be a rental or a condominium type thing. Mr. Ciklin replied that it would be a condominium. Mr. Linkous asked if it was a 4 story. Mr. Ciklin answered that it was and that was what they would envision and again, it was just conceptual. It may well be 13 units per acre or 15 units per acre in that area, which would be face up with the Congress Lakes, he explained. Based on the surrounding land uses, Mr. Annunziato said, "We know that the overall average, taking into regard all of the developments that are approved, or under construction at the periphery, are 6 units per acre, more or less." He would feel comfortable in recommending to the Board that if the applicant felt comfortable with that number, that they discuss that with ~the applicant as being his target. Mr. Annunziato said the applicant is looking for some direction. He further noted that the applicant is asking for the Board's consideration in this regard and not that of the staff.. Mr. Annunziato continued by saying that the Board might feel that this is high, low, or incorrect. Vice Chairman Winter commented that he thought it was not low. Chairman Ryder agreed that there.was an inconsistency. He said Mr. Ciklin has mentioned Congress Lakes with 15.7, but then Attorney Ciklin goes to 18.4. The Members of the Board talk about gradually diminishing densities as you go away from the commercial areas, so probably that is an area that gets him further consideration. Attorney Ciklin imparted that quite honestly, they had no problems with reducing that particular part to be at least as low as the Congress Lakes Development. He reiterated that this is really conceptual and that was the kind of input he was looking for from the Members of the Board tonight. Chairman Ryder summarized that a suggestion was made that he reduce the overall density by 1/3rd. Chairman Ryder did not know whether that in itself could do it, but he did think that Attorney Ciklin did get a consensus of opinion, and that was the apparent reason it was being discussed at this time. He commented that the Board feels this density must be reduced. Attorney Ciklin said he got that impression. - 43- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 The question was, what density range should we be looking at, asked Attorney Ciklin. He said in their immediate vicinity ~he Meadows, Knollwood, Sunny SoUth Estates and Congress Lakes PUD),the average there of adjacent properties is 7.15. When you add in everything including that across the street, he thought you are adding in the High Ridge Golf Course which is at 1.59. Attorney Ciklin guessed that was fair but that was not the kind of deVelopment we are talking about, and that was another factor,~so at 6 units per acre, you are averaging a Golf Course Community, and that was not what they were talking about. Mr. Annunziato reminded Mr. Ciklin that this ~is Boynton Beach and that it is North Congress. '~ut Knollwood is in Boynton Beach and it is in there", Stated Mr. Ciklin. Mrs. Bond pointed out that Attorney Ciklin was only making his comparison to the south of his property~iinstead of to the northas weil. because~ that property is only 4.8. Mrs. Bond stated ~hat he kept referring to Congress Lakes PUD and never mentioned the part about Meadows 300 PUD, which is much less. Attorney Ciklin said he was sorry, and that there was no question about it. "When I just said 7.15, I think I said 4.848, 5.6 and 11.2. I'm not trying to suggest that there are not lower density developments in this area, That does not happen to be the case." Mr. Mauti suggesting going back to square one. He asked why Attorney Ciklin got 18.4 because of Congress Lakes PUD having 15.7. "No particular reason. What the 18.4 allowed us to do was to go at a very low density of 3.5 for the single family homes", replied Mr. Ciklin. Mr. Mauti said he still mentioned the one just above Melear PUD which is 3.6, within that range just north of Melear and Meadows 300. Mr. Ciklin replied that was correct. Mr. Mauti continued to say as you go further east, you have 9. where they have 4.7; you have 9.3 where they have 7.75. Now, Mr. Mauti said, if we keep that within the consistency of what we are talking about, you might get down to 6 units to the acre. - 44 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA DECEMBER 14, 1982 Chairman Ryder. thought it was incongruous to have a four story building opposite a development like Dos Lagos. Mr. Stormet Norem asked how commercial property is treated in PUD's as far as density was concerned. He wanted to know if it was included in the density figures and if so, how did the Board deal with it. Chairman Bider asked Mr. Ciklin how he came up with the density of the commercial property. Mr. Norem .further asked if Mr. Ciklin utilized the acreage with the commercial property with his overall density. Mr. Linkous asked if it was 3 acres. was correct. Mr. Ciklin said that Mr. Norem asked if he gave it any unit figure or value and asked Mr. Ciklin if it was computed as vacant land. As far as density calculation was concerned, Mr. Ciklin replied, i"Yes." Mr. Norem asked how big his commercial park is. Mr. Ciklin said it was 3.1 acres. 'Chairman Ryder asked if was single story. Mr. Ciklin said it was and was just convenience kind of shopping, which is permitted in the City's PUD in connection with its code, and which would be interior to serve the project. Mr. Annunziato stated that Mr. Ciklin was accurate in that regard. Mr. Ciklin guessed that was the only regard. Chairman Ryde~saw that as a major problem rather than the utilities. He said he would not want to focus on that, other than Melear would have to come into the City of Boynton Beach to get their utilities. Mr. Annunziato stated that with respect to utilities, there is an intereSting fallout with the ~6. The 201 Plan that was prepared for this area, provided for an overall gross density of 6 units per acre. He made reference to High Ridge Road north of Old Boynton Road and stated that 201 Plan was predicated upon an overall 6 units per acre which was the maximum when they developed this acreage. Mrs. Bond referred to the Commercial Park and the 18.4 which Mr. Ciklin mentioned. She asked if the rust colored areas on the map were also 4 story buildings. Mr. Ciklin replied that they were townhomes and were a combination of one and two stories. - 45 - MINUTES - PLANNING AND ZONING BOARD BOYTON BEACH, FLORIDA DECEMBER 14, 1982 Attorney Ciklin asked, "Would it be the Planning and Zoning Board's recommendation, that perhaps, based on the comments here tonight, we do a reanalYzation? Before we move ahead with the format procedure, we would really love to come back again and show you perhaps the new allocation of densities and see how you feel." He continued, "The Melear family does not want to get into a full fledged zoning process and I think rightfully so, without having some idea of what may or may not fly and without a comprehensive plan." He proposed, with the approval of the Board, that a hard look be taken at the plan, trying to interface it, even more~ with the surrounding densities, and come back and have another informal session. That was agreeable to Chairman Ryder. He suggested that they also consider moving further inland, their multi-storied buildings so that they are nom so close to Congress Agenue. Chairman Ryder thought the impact further inland would nom be as great. Mr. Annunziato brought to the attention of the Board that there were already six public hearings scheduled for[ the Agenda of the January llth meeting. It was their decision to make. It was Called to the Board's attention that it was only a discussion item. Chairman Ryder thought it could be put on the Agenda because the Members of the Board were already introduced to this agendum. At this time, Attorney Ciklin told the Board that unless his out-of-town trip was cancelled, he might be away at that time. He said that at one of the future meetings, he would be back to show the Members of the Board the improvements they would like to see. ADJOURNMENT There being no further business to come before the meeting, the meeting /was properly adjourned at 9:42 P.M. R~spe~u 1 ly subm3~t ted, V~ginia T..yackson, ~cording ~cretary ~ (Four Tapes) - 46 -