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Minutes 08-10-82MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 10, 1~82 PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ronald Linkous Robert Wandelt Simon Zive ABSENT Ezell Hester (Excused~ Carmen Annunziato~ oCity 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 and informed everyone that Mr. Hester, who could not make it tonight, was excused. Chairman Ryder also introduced the City Planner, Recording Secretary, and the Assistant City Planner. He acknowledged the presence of Councilman Joe deLong in the audience. MINUTES 'OF JULY 13,' 19'82 Mr. Linkous moved, seconded by Vice Chairman Winter, to accept the minutes as presented. Motion carried 3-0 with Mrs. Bond and Mr. Wandelt abstaining from voting as they were not present at the last meeting. ANNOUNCEMENTS None. COMMUNICATIONS Chairman Ryder had no communications other than what will be brought forth at the meeting tonight. OLD BUSINESS None. NEW BUSINESS PUBLIC HE~RINGS: 7:30' 'P. M. Chairman Ryder announced that there were a number of items on the Agenda tonight which are the subjects of public hearings. Coincidentally, he noted there were two-matters involving annexation into the City of Boynton Beach, in the one instance in the area of what we call our Western Reserve Annexation Area on the west side ~INUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 of Congress Avenue, in the vicinity of N. W. 22nd Avenue, and the other is in the north central portion of the City on High Ridge Road and Miner Road. Chairman Ryder announced that the matters of annexation were first on the Agenda. He explained that the procedure would be to have a presentation by the City Planning Department, together with their recommendation. The Board would then hear from the repre- sentatives of the applicant and from anybody who wishes to speak on the matter. Following that, Chairman Ryder said the public hearing would be closed and the Board would then consider their decision on the proposed application. (1) ANNEXATION Applicant: Request: Location: Legal Description: Janet Knox Field, as Trustee, and Riteco Development Corp. Annexation of 112.68 acre tract of land located on the West side of No. Congress Avenue between Boynton Canal & L.W.D.D. Canal L-21, Boynton Beach West side of No. Congress Avenue between Boynton Canal & L.W.D.Do Canal L-21, Boynton Beach Acreage, Land in Secti6n 18, Township 45 South, Range 43 East and Section 19, Township 45 South, Range 43 East Chairman Ryder· infOrmed everyone that this property fronts on the west Side of North Congress Avenue, in front of the Sand and Sea Development, and is opposite the Motorola development, which is now underway on the easterly side of Congress Avenue. Tim Cannon, Assistant City Planner, placed the overlay, and Carmen Annunziato, City Planner, said the property they were talking about was that which was crosshatched on the map, bordered on the south by the Boynton Canal, on the east by Motorola and some vacant commercial property, on the north by vacant agricultural property, and on the west by the Sand and Sea Mobile Home development. Mr. Annunziato stated that the proposal was to annex approximately 110 acres with an added proposal that is part of a zoning action to provide for the construction of approximately 1,260 units in a multi-family mode. Concerning the annexation, Mr. Annunziato said there are three policies in ~e Comprehensive Plan upon which the Planning and Zoning Board and the City Council have to evaluate applications of this nature. Mr. Annunziato read the three policies into the record and his answers to these policy issues. A copy of that portion of his Memorandum dated July 16, 1982 is attached hereto and made a part hereof. (See Page 3 hereof.) - 2 - MEMORANDUM Chairman and Members Planning and Zoning Board Carmen S. Annunziato City Planner DATE July 16, 1982 FILE s..J,~ Application for Annexation, Land Use Amendment and Rezoning Riteco Development Corporation and Janet Knox Field Trustee - 4 - Comprehensive Plan Policies There are three policies in t~e Comprehensive Plan which address annexations as follows: 1. "Annex Only property which is reasonably contiguous to present municipal boundaries;" ~..?Annex property oqly after the preparation of a study evaluating the fiscal benefits of- annexation versus the cos% of providing service;" and, 3.- "Annex only properties which are of sufficient size to provide efficient service and on which urban development is anticipated." ~In order to determine the consistency of the Riteco annexation request with the Comprehensive Plan policies, each of the three policies will be addressed individually. Policy 1 "Annex only property which is reasonably contiguous to present municipal boundaries." The Riteco tract is contiguous with the Corporate limits along its entire eastern boundary (3780 feet) and along its southern boundary for 320~ feet taking into consideration in- tervening rights-of-waY. Policy 2 "Annex property only after the preparation of a studay evaluating the fiscal benefits of annexa- tion versus the cost of providing services." In response to Policy 2, you.will find accompanying this memorandum Exhibit 'C' Which compares projected ad valorem taxes with required expenditures. Policy 3 "Annex only properties which are of a sufficient size to provide~e~ficient service and on Which urban development is anticipated." As previously stated,~he Riteco tract is 112.68 acres in size, and because of the availability of public utilities and projected road improvements, will soon experience urban type development as evidenced by the requested zoning. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10~ 1982 Mr. Annunziato advised that it does meet Policy 1. In response to Policy 2, Mr~~ Annunziat~ prepared a memorandum, which compares projected and ad valorem taxes with required expenditures. Mr. Annunziato attempted to evaluate the number of units that would be placed on the property with a comparable rental project on a prorated basis. He said it was the evaluation taken on 1981 properties off of the 1981 tax roll, based on 1260 units and a 1981 valuation of approximately $30,000 per unit, this is a total land valuation of almost $38,000.00 but the total tax projected based on current City millage was $251,487.86 a year. In connection with annexations, Mr. Annunziato, City Planner, said Members we~l know that he asks the staff to complete departmental review forms to attempt to evaluate the real cost of annexation. In many instances, Mr. Annunziato said it was nearly impossible to set a figure on the cost of annexation as it applies to the various departments. He provided for the Members of the Board responses from the dePartmental review forms, and it appeared that under additional salaries, there will be approximately $127,000 + unspecified amount's required to serve this property on a yearly basis. For additional annual operating expenses, City Planner Carmen Annunziato said they know there will be expenses but they are not able to identify what those expenses will be. The same thing applied to capital outlay. He informed the Members that there was some additional capital outlay of approximately $150,000 + unspecified amounts projected in the future. As to Policy 3, Mr. Annunziato thought anyone would understand at this point that North Congress Avenue is, and will continue to experience urban type development, to be added.unto~Motorota and residential developments which the City now sees under construction. With respect to annexation, Mr. Annunziato thought that was as much as he needed to report right now. He suggested perhaps they could open the public hearing and address the issue of annexation. Chairman Ryder pointed out that this is the beginning of steps that are necessary Until they reach the actual point of annexation and the point of development of the areas involved. As Mr. Annunziato mentioned, Chairman Ryder said the Members had input from the various department heads with regard to the impact and the effect this may have on them. They also had a projected tax return. Chairman Ryder asked to hear from the applicant or a representative of the applicant. David S. Pressly, Esq., Attorney for the applicant (Wade Riley~ Vice- 'President of the corporation that signed the annexation agreement and Nate ~d'ams~i_ce~Pre~i'~ent of the corpora~ion~,of the law firm of Moyle, Jones & Flanigan, P.A., 707 North Flagler Drive, West Palm Beach, Florida 33402 came before the Board. He introduced Enrico - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON .BEACH, FLORIDA AUGUST 10, 1982 Rossi, the Engineer. Mr. Pressly stated that they ~had no presentation per se but would be glad to answer any questions Members of the Board might have. ~ttorney PresSly thought everything was covered in the annexation agreement, and he asked if the Members had a copy of it. Carmen Annunziato, City Planner, determined that the Members had seen a copy of the annexation agreement. He said the position of the applicant in regard to the annexation was presented in the Petition for Voluntary Annexation which was in the agenda pack- ages that Members of the Board had before them. Mr. Annunziato advised that there were several stipulations on the part of both parties in this regard. Chairman Ryder asked everyone to note that there were two steps involved: the matter of annexation; then the Land ~se Amendment (which is a follow up~, and the rezoning. Because they are tied together, Chairman Ryder informed everyone that they would go through them both at the same time. However, when it comes to a vote, Chairman Ryder said they would treat them separately. With regard to the ultimate development of 1200 unitS, Chairman Ryder asked if 1200 units was right. Attorney Pressly asked someone in the audience~what the exact amount was. The reply was 1213. From the input the Board had that hopefulty~this would p~rovide housing for possible future Motorola .employees, Chairman Ryder questioned if this was right. ~e~asked ~AttorneY Pressly if he could answer the questions or if the Board would have to address it to someone else. Attorney Pressly replied, "Well, if I can't . , we can " Chairman Ryder asked, "This won't necessarily be an adult community?" Attorney Pressly answered, "Not necessarily." Chair- man Ryder surmised that from the stated objectives. He also noted that the buildings are proposed to be four stories. Chairman Ryder questioned the access to the various floors. What he had in mind was if there are going to be children, will there be a cat- walk type of access to each of the floors. Rick Rossi, Engineer on the project, Rossi and Malavas± Engineers, Inc., Consulting Engineers, Suite 407, Forum III, 1675 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401-217R.~, advised~that they did all of the preliminary work relative to the traffic studies and the water, sewer and drainage. As far as catwalk interconnects between this project and Motorola, Mr. Rossi said this had been discussed and decided against. There are a lot of restraints which make it impossible, he continued, and there had been some voices from Motorola that there was no need for them. Chairman Ryder did not think they were talking about the same thing. Mr. Rossi thought Chairman Ryder meant a catwalk crossing (elevated crossing). Chairman Ryder meant access within each building. He asked if it was going to be internal or - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 by external catwalks. Conventionally, Chairman Ryder explained, we have these exterior catwalks for access to the various apartments on each floor. As far as the construction of the building and the architecture treatment of the building, Mr. Rossi thought the Architect should present those points. He introduced the Architect to the Board Members. Delfin Menendez, Architect, Menendez & Associates, Architects and Planners, Suite 407, Forum III, 1675 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401-2179, came forward. In relation to the buildings, Mr. Menendez informed the Members'of the Board that at this time they do not have a design for the buildings per se. They are just based on unit dimension, Mr. Menendez continued, and they have been located in the areas where those buildings are going to be. Definitely, Mr. Menendez knew they are going to be four stories; there will be five length variations of the buildings which means some buildings will have more units than others. Mr~ Menendez said there probably will be a single row of buildings and they will have just one exterior corridor probably to access to some of the units. How they are going to be designed and what architectural features they are going to have, Mr. Menendez was not in a position to answer yet. Chairman Ryder asked what Mr. Menendez' experience has been in events of this kind where they have young people and young children. Chairman Ryder was talking about four story buildings with outside walkways. Mr. Menendez replied that the project, as mentioned before, is going to be one of the major markets that is going to house the high employment that Motorola is going to proVide for the area and fill the need for'rentals of young couples and young people that, because of economic .conditions, cannot afford the dream of everybody to own a single housewhere the children can plaY. Mr. Menendez informed the Members that they will provide clean air and a lot of recreati0nal facilities. With respect to children living in multi-story buildings, Mr. Menendez said they were relatively medium sized height buildings because the City does not allow for anything else. Mr. Menendez could not see any problem if the City desires those railings. He also could see no place for danger because it is not the only~place where kids are going to live in a second or third floor. Chairman Ryder did not know to what extent this prevails and thought maybe Mr. Menendez could give him some indication of where they had instances of this kind and there has been no problem. Mr. Menendez reiterated that he could not see where it creates a problem. He informed the-Members that young people are going to live there; they will be married-couples and will probably have children. Mr. Menendez thought maybe if the couples find that by having children it becomes impossible to live in the apartments, - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10 ~ 19_82 they Will probably move. Mr. Menendez continued by s~ying that it definitely is a rental project; that is the intention at this moment. Mr. Annunziato failed to mention, in connection with the annexation~ that they did add an additional description to the annexation to pick up a portion of Congress Avenue which was never annexed into the City. Assistant City Planner Tim Cannon pointed out on the overlay approximately 1-1/4 miles on Congress which is adjacent to Dos Lagos, F & R Builders, Inc., Boynton Lakes, and "Meadows 300". Mr. Annunziato said, "We are also asking that that be annexed into the City at this time." Chairman Ryder also noted that there were assurances that Congress would be widened from Canal 21 down, either as a part of Sand Hills' obligation or the obligation of Congress Lakes. Mr. Annunziato st~ated that he would address most of those issues in connection with the discussions that result in the master plan. Mr. Wandelt asked if they would be condominiums or just rentals at this time. Mr. Menendez answered that the intention of the parties indicated right~noWthat it would be to the rental market. Mrs. Bond ~sked~,,Co~plet~lY?":~ he replie~"At this moment, I wOuldsay yes. I haVe h~'d every indication by the developers that it will be rentals." Mrs. Bond asked, "Since Sand and Sea is west of this land that you are annexing~ it seems to me that you are blocking. They are not exactly on Congress Avenue. They are set back. How will you treat that area for those people to have access to Congress Avenue?" Mr. Menendez replied that they would have access from 22nd Avenue the Way they have it now. Mrs. Bond pointed out that they will not have access to Congress Avenue through this property at all. Mr. Menendez answered, "No, no." He said the only way they have it now is through N. W. 22nd Avenue. Chairman Ryder asked if anyone else wished to speak on behalf of this development. Mr. Rossi, Engineer, asked if they were going to take the annexation. Chairman Ryder explained that what they were going to do is handle them both together because they are interrelated. He said they would be voting on each one separately. Mr. Annunziato thought they should close the issue of annexation and vote on it. Then Mr. Annunziato thought they could address the Land Use Amendment and Rezoning even though there is an over- lap in discussion. Chairman Ryder asked if there were any questions from Members of the Board, as they would be acting on the matter of annexation. He thought they were aware of what is involved, the nature of the proposed development, the areas involved and the fact that there are going to be lakes, and that the density will be somewhere between eleven units per acre, that what is proposed is the construction of four story buildings, and also what is proposed in the way of density apparently meets with no objection from the County. - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10~ 1R82 Mr. Linkous commented that the only thing they were interested in now was relative to annexation. He ascertained that it was 112 acres and that they were not relating to any~of the other. Chairman Ryder asked if there was anybody in the audience who was opposed and who would like to.speak in opposition to the proposed annexation. There was no response. Mr. Linkous moved to accept the Petition for Voluntary ~nnexation Of the Petitioners, Janet Knox Field, as Trustee, and Riteco Development Corporation. The motion was seconded by Mr. Wandelt. No discussion. Motion carried 6-0. (2) LAND USE AMENDMENT AND REZONING Applicant: Request: Location: Proposed Use: Legal Description: Janet Knox Field, as Trustee and Riteco Development Corp. Amendment to Future Land Use Plan to show property as High Density Residential, and Request for zoning property PUD with a Land Use Intensity of 5.00 West side of No. Congress Ave. between Boynton Canal & L.W.D.D. Canal L-21, Boynton Beach Multi-familty residential with recreational and neighborhood co~m~ercial facilities Acreage, Land in Section 18, Township 45 South, Range 43 East, and Section 19, Township 45 South, Range 43 East Chairman Ryder explained that~"PUD" means Planned Unit Development, and the City has a number of PUD developments. Carmen Annunziato, City Planner, informed the Members of the Board that the second aspect of this application is a request for a specific zoning category to be ~Plied to the property and, in respect to that, the proper land use classification to be amended to our future land use element of our Comprehensive Plan. Tim Cannon, Assistant Planner, put. up-the overlay for the master plan of Congress Lakes. Two things of interest to the Board will be whether or not the zoning request is consistent with'the Comprehensive Plan policies and whether or not the future land use category requested by the applicant is proper for the use, Mr. Annunziato pointed out. The proposal, mentioned by the Chairman and the applicant, is to construct 1,260 multi-family units at .a density somewhat greater than 11 units per acre. The proposal is to construct these units in a four story mode with buildings of various numbers of units per building, Mr. Annunziato continued. Of critical concern would be the interface of this proposed high density development with surrounding land uses, Mr. Annunziato pointed out. For the edification of the Board, Mr. Annunziato thought it was important - 8 - ~INUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 for .the Members of the Board %o turn to page 2 of his memo, and he thought perhaps they could go through a line-by line item description of what, if any, land use conflict could result as a part Of the zoning of this property to a Planned Unit Development. Mr. Annunziato referred the Members to the overlay of the Master Plan and said he would point out to the BoaTrd what the~.exis~ing plans for the future land use plan with Hur existing zoning is for the property in question. In all instances, Mr. Annunziato said the unincorporated County would permit high denSity residential develop- ment based on meeting the performance criteria as outlined in our Comprehensive Plan. In certain current zoning and land use, the property to the north is currently unincorporated, zoned agriculture, and is an active pasture. The property to the northeast is incorporated, zoned PUD, andis the Dos Lagos development currently under construction. The property to the east, Mr. Annunziato continued, has two proper- ties in question which are adjacent to this property. The northern one-third is zoned C-3 and is vacant and undeveloped, and the southern two~thirds is zoned PID and is Motorola. Mr. Annunziato further stated that the property to the southeast, or the property cattycornered to this site across the Boynton Canal, is zoned R-1AA and is vacant and undeveloped. Mr. Annunziato told the Board that there are two properties to the south which interface with this project. The property directly ~ to the south is zoned C-3, is vacant and undeveloped, and that is the site of the First American Bank of Palm ~Beach County, Mr. Annunziato informed the~Board. He added that they are just about ready to construct a temporary facility. Mr. Annunziato further said that the remainder of t~s property is zoned AG, is vacant and undeveloped. Mr. Annunziato corrected the above by saying the remainder of the property is actually zoned CG and AG, and this is the site of the DeBartolo Mall. Mr. Annunziato informed the Board that DeBartolo has not petitioned for voluntary annexation into the City of Boynton Beach. Mr. Annunziato continued by saying that the pr6perty to the west is under the jurisdiction of Palm Beach County, and it is zoned RS with a special exception for a trailer park. EverYone knows that as Sand and Sea. Mr. Annunziato advised that the future land use considerations would permit development to high density residential. He read from page 3 of his Memorandum of July 16, 1982 regarding Future Land Use and Zoning. A copy of said page 3 is attached hereto and made a part hereof, as Page 9a. Based on the properties that border this tract, Mr. Annunziato said the land use category of high density residential is not improper. He said the City feels that it would not negatively interface any of the proposed uses. - 9 - MEMORANDUM TO Chairman and Members Planning and Zoning Board Carmen S. Annunziato City Planner July 16, 1982 Application for Annexation,Lal Use Amendment and Rezoning/ Riteco Development Corporatio] and Janet Knox Field Trustee - 3 - Future Land Use and Zoning The Congress Avenue corridor in proximity to the proposed annexation will develop into a high intensity land use area. The requirements of high intensity development are, among others, the following: 1. ~vailability of public infrastructure such as sewer and water facilities, roads, schools and other governmental functions; 2. availability of large tracts of land in close proximity to the abovementioned infrastructure; and, 3. location not only with respect to the County, Region and State, but also with respect to ex- isting and proposed population concentrations. The Riteco tract lies in the approximate center of this high;intensity area with the property-to the northeast developing as the Dos Lagos PUD (423 units), the property to the east exhibiting a potential for 200,000 sq.ft, of commercial development as well as the Mo'torola.office/manufacturing facility, the property to the southeast exhibiting a potential for 734 units at 7 units per acre, the property to ~he south proposed to be developed into a 1.2 million sq.ft, shopping mall, as well as out parcel development to include a 4 story office building for the First American Bank of Palm Beach County, the property to the west currently developed as a trailer park, and the property to the north exhibiting the same development potential as the Riteco tract. Based on the intensity of development either existing, developing, proposed or potential in the Congress Avenue corridor, and the consistency of this proposal with both the Palm Beach County and Boynton Beach Comprehensive Plans, a land use classification of High]Density Residential and a zoning classification of PUD with LUI = 5 are appropriate. - 9a - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Concerning this particular plan, which is a PUD and, therefore, subject to master plan approval, Mr. Annunziato said they had~ several comments which were incorporated into the Petition for Voluntary Annexation and several staff comments which will provide that certain stipulations be met. Mr. Annunziato referred the Board to the master plan itself and said they would see that it is a project which is bisected in an east/west manner by lakes which serve three functions. They serve for aesthetics; they serve for fill, and because this is an area of a high muck concentration, these are the areas which were demucked and were addressed to provide a dry land. Mr. Annunziato said it was the type of construction we are familiar with in Boynton Beach, particularly for that area just to the west of Congress. It is no surprise that these areas are among the last to be developed because there is a development constraint, Mr. Annunziato continued, not like other development constraints on other properties. That is the location of the muck. Mr. Annunziato informed the Members that access to the site will be from both Congress Avenue and N. W. 22nd Avenue, Mr. Cannon pointed out the locations. Mr. Annunziato said there is an entrance and exit to the site somewhat in the middle of the develop- ment as it abuts N. W. 22nd Avenue. on the northern one-third, Mr. Annunziato said there is also an entrance to the site off of Congress. On the southern property, there are two entrances to the sit~ with the appropriate lining up of driveways with the Motorola development. - If you have been on Congress, Mr. Annunziato said you might notice that these curb cuts already exist and were built as a part of the reconstruction of Congress Avenue. Mr. Annunziato continued by saying the developer is prot~osing a comprehensive package of recreational amenities to be constructed in connection with the residential development. He stated that they are numerous, and they involve both active and passive recreation. Mr. Annunziato told the Board that the developer is proposing to be permitted, as a part of his subdivision's Parks and Recreation dedication criteria, to dedicate properties on a dollar for dollar basis adjacent to Rolling Green Ridge Park on the east side of 1-95 at N. W. 19th Avenue. In that manner, Mr. Annunziato said the developer would meet his Recreation and Parks dedication requirement, or he would be permitted to turn that land into dollars and pay it to the trust fund. In the review of this application, because it had previously been reviewed by the Palm Beach County staff, the City has taken the position that there will be no annexation without consistency with the Palm Beach County Comprehensive Plan. In this regard, Mr. Annunziato informed Members of the Board the applicant had to meet a performance criteria, particularly for road construction. - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Mr. Annunziato said the applicant has agreed to, in~.effect, "plug the hole" on Congress Avenue between Canal 20 and No W. 22nd Avenue with the construction of Congress for a four-lane section. Mr. Annunziato said the Petition for Annexation has it spelled out quite clearly. He said there are also some requirements in the traffic impact analysis to construct turn lanes to serve the site. With regard to staff memos, Mr. Annunziato read the following: Engineering Dept.: (Tom Clark, City Engineer~ "I have no negative c~-~nts. The agreement for four laning Congress between Lateral Canals 20 and 21 is, in my opinion, an appropriate commitment- for the impact this project will have on the traffic situation." -Planner: "Need to show bike path on N. W. 22nd Avenue." Utility Dept. (Perry A. Cessna, Director of~ Utilities) "The following are co}~-~ents on the master plan - water and sewer. On both water and .sewer plans, they b~ve recreation areas shown that will require both water and sewer facilities and do not show any method of serving these sites. 1. Water lines have re-sized and re-routed to eliminate as many dead end lines as possible. 2. Valves have 'been added. The plans do not show the existing 10" water line serving Sunny South. This .water line is on the north side of N. W. 22nd Avenue. We have shown two (2) separate set taps onto this line. in addition to the change taps on the 16" line on Congress Avenue. 4. Meter locations must be at the right of way line of easement. 5. Fire hydrant locations may be required to be changed by the Fire Depa~-h-~-ent and if they are located as shown, they will be required to Provide protection by posts because of their vulnerability. 1. Lift station site must be 30' x 30', fenced and deeded to the City with a Warranty Deed. 2. The 12" force main serving the north section should be relocated on the south side of N. W. 22nd Avenue where there is an existing 10" line for a 10" force main. This will prevent a conflict with the exist- lng 10" water line on the north side of N. W. 22nd Ave. 3. In both sections, they show some manholes in the dividers. These must be located so they are accessible for sewer cleaning equitm~ent." - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 "4. The drawings indicate tb~t parking areas are drained to the center of the road in the same location as the sewer gravity lines. One or the other ~ust be moved to prevent infiltration.through the manholes during storms. 5. NO sewer gravity line shall be longer than 400'. 6. The gravity line connecting the south section to the north, crossing N. W. 22nd Avenue sbmll be ductile iron pipe, polylined, between manholes. 7. Bedding of the gravity lines shall be such as to prevent any settlement vertically or shifting horizontally. Oa~i~action shall meet City standards, which is 95% of T-180 Proctor. The City will require TV inspection for acceptance and reinspection after 1 year at the developer's expense." Mr. Annunziato did not think it was necessary to read all of the above comments from the Utility Department into the record, but he did state that the applicant has made the changes which were requested as a part of Mr. Cessna's memo of JUly 29, 1982. He said there was a letter that went out from Enrico Rossi, P.E., Rossi and Malavasi Engineers, Inc., dated August 4, 1982 in that regard. Mr. AnnUnziato continued to read the staff~comments/ as follows: Fire Dept. (William D. Cavanaugh, Fire Inspector): "Re size: loop water lines to eliminate dead ends and provide adequate flow for fire standpipe systems. Fire hydrant location sb~ll conform to City Sub- division Ordinance, Section. XVI, with due consideration given for building height. Free standing Fire Department connections and fire hydrants shall be located a minimum of fifty feet frcm buildings and shall be protected from physical damage." Mr. Annunz~ato advised that this application received a prehearing conference last week, at which the applicant was present with his staff, and they met with the City and the City's staff to discuss some of the comments which were made in thes~ memorandums. The answers which, were made by the applicant were followed up in a letter from Mr. Rossi, Engineer, to Mr. Annunziato, City Planner. Mr. Annunziato informed Chairman Ryder that they generally cover all the questions raised. Mr. Annunziato read the letter from Enrico Rossi, P. E., Rossi and Malavasi Engineers, Inc., addressed to Mr. Carmen AnnUnziato, City Planner, dated August 4, 1982, into the record. A copy of said letter is attached hereto and made a part hereof as Pages 13 and 14. - 12 - ROSSI AND MALAVASI ENGINEERS, INC. CONSULTING ENGINEERS August 4, 1982 FORUM III - SUITE 407 1675 PALM BEACH LAKES BLVD. WEST PALM BEACH, FLORIDA 33401-2179 TELEPHONE: [305) 689-0554 Mr. Carmine Annunziato, City Planner City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33435 Re: Congress Lakes P.U.D. - Technical Review Board Comments. Dear Mr. Annunziato, Listed below arethe answers to questions raised at the August 3, 1982, meeting with the City's Technical Review Board attended by Wade.Riley, representing the owner of the proposed project. UTILITIES - Perry Cessna, Memorandum of July 24, 1982 1.. The conceptual master water and sewer plans were revised and re- submitted to Mr. Cessna on Monday, August 2, 1982. Mr. Cessna indicated that the revisions met his requirements. PUBLIC WORKS - Rick Walke, Comments Containerized garbage collection shall consider dumpster size & location, minimize backing by packer and allow for 70' turning radius. Dumpster locations to be worked out with Public Works Department. ENGINEERING - Tom Clark, P.E. Permit to allow the existing de-mucking, and dredging operation shall meet the stipulation in the Petition for Voluntary Annex- ation. The surety that has been placed with the existing mining permit with the County' is to be transferred to the City. CITY PLANNER - Carmine Annunziato, July 27, 1982 Memo 1.. The required bike path has been shown in the master paving and drainage plan. Storage space shall be provided for boats on trailers and travel trailers. ENERGY COORDINATOR Craig Grabeel 1. Area and street lighting plan and fixtures shall meet the City standards - Sodium Type. - 13 - FIRE DEPARTMENT - Roden, Cavanaugh 1. Location and spacing of hydrants and stand pipes to be coor- dinated with City and meet City standards. BUILDING DEPARTMENT - Burt Keehr 1. Building plot plans and "tie-ins" surveys shall be furnished to the City on each building. PARKS AND RECREATION - John Wildner The developer shall provide the City with the required rec- reational area in accordance with the agreement in the Petition for Voluntary Annexation. PALM BEACH COUNTY ENGINEERING - Charles Walker, letter dated June 21, 1982. The developer has agreed to four (4) lane Congress Avenue from the North right-of-way line, L.W.D.D. canal #20, to the South right-of- way line, L.W.D.D. canal #21, in accordance with the stipulations in the Petition for Voluntary Annexation. Turn lanes on Congress Avenue have been approved by the County and constructed at the pro- jects two (2) connections South of N.W..22nd Avenue, ~he required turn lanes for the proposed connection to Congress Avenue lying North of N.W. 22nd Avenue will be constructed to County standards as required. ' I trust that this response meets with your approval. Should you have any questions, please do not hesitate to contact our office. Very truly yours,  GINEERS, INC. Enrico Rossi, P.E. C,Co Nate Adams David Pressly Wade Riley - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Mr. Annunziato advised that these were comments that ara ~addressed which~erenot part of the memos, so there is some new information. Mr. Annunziato referred to the comments under "CITY PLANNER" in Mr. Rossi's letter. He read paragraph 2, 'Etorage space shall bepro- videdforboats on trailersandtravel trailers", and said this would be on site. With this great concentration of people,'Mr. Annunziato said they felt there would be a problem with recreational vehicles and a space should be allocated for the parking of these vehicles. At this point, Mr. Annunziato felt the applicant has agreed to all of the staff comments. Because of that, staff has recommended that this master plan be approved in connection with the rezoning and Land Use Amendment request. Chairman Ryder asked if the matter of sidewalk construction had been addressed and where they would be. Mr..Annunziato questioned whether Chairman Ryder meant internally or externally. Chairman Ryder replied, "Externally, on Congress Avenue, and internally. Also, where will we have public streets within the project, or won't they be public streets?" In connection with the construction of Congress Avenue, Mr. Annunziato advised that a bike path has been constructed on the west side of Congress, which currently exists. However, there are no sidewalks, as Mr, Annunziato recalled, constructed on N. W. 22nd Avenue and the applicant has to do that. Chairman Ryder noted~.that the bike path~would serve this purpose. He wondered if it was an asphalt type of surface. Mr. Annunziato replied they will be asphalt or concrete. Chairman Ryder asked if N. W. 22nd Avenue, for the extent of the development, will have sidewalks. Mr. ~nnunziato replied, "Yes." Chairman Ryder asked if they would be on both sides. Mr. Annunziato answered that there would probably be a bike path on one side and a sidewalk on the other. Chairman Ryder then asked about within the project. Mr. Annunziato replied, "On all public wstreets within the project, of course." He thought there were going to be some public streets and said they would have to have sidewalks on both sides. Chairman Ryder asked if the architect, at this time, could point out where the public streets would be projected within the develop- ment. Delfin Menendez, Architect, pointed to where public roads would be and. said there would be 60 foot right-of-ways. He showed where they would connect and also all of the parking areas. Chairman Ryder questioned whether the primary means of access would be by public roads. (Mr. Menendez's reply was inaudible.) Chair- man Ryder said that would require sidewalks, which was what he was trying to arrive at. In the presentation, Mr. Linkous noted there is Neighborhood Commercial. He requested Mr. Menendez to point that out. Mr. Menendez said the Neighborhood Commercial would be located at a big intersection of Congress and this access from Congress, which access goes into the project north from Congress. Mr. Menendez - 15 - ~INUTES - PLANNING AND ZONINC BOARD BOYNTON BEACH, FLORIDA said the Neighborhood Commer( the residents of the communi~ 2-1/2 acres or something of answered that it was exactly of commercial property it it would just be a neighborh¢ the citizens, just to serve AUGUST 10, 1982 ial would be located mainly to serve ~y. Mr. Linkous asked if it would be ~hat nature. Mr. Menendez, Architect, 2.25. Mrs. Bond qUestioned what type Lld be. Mr. Menendez informed her ~od commercial for the convenience of ~ainly ~the residents of the area. Otherwise, they will have to go out for things. Mr. Menendez spoke but his r~marks were inaudible as to something he wished to emphasize. He Was requested by the Recording Secre- tary to use a microphone. Mr. Menendez informed the Met in each cluster of~apartment~ facilities which would consi~ swimming pool. He said ther~ facilities. Mr. Menendez sa~ facility that will have a-type¢ have tennis courts, several houses with swi~min¢ recreational facility at thi~ ball courts, Mr. Menendez sa~ would be located. ~ers of the Board that the projects, · would have their own recereational t mostly of a bath house and a would be several small recreational ~d there will be one major recreational f recreation, around the lake. They will ~acquet ball courts, and three club- pools. Also, there will be a end with tennis courts and racquet d as he showed the Members where it Basically· all of the perime~ ~h~ exterior, Mm. Menendez c¢ act as a kind of neighborhoo( Menendez said they would try buildings in order to avoid Mr. Menendez thought with al to the density of 11.2 Units thing that would be allowed Mrs. Bond asked what safety they were going to have rent6 what they would have to prev~ Mr. Menendez replied, !'Well, He said they have to design lng Strudture Code and provi( you are talking about safety Mr. Menendez did not feel th~ cause an event of an acciden~ not directly accessed by. the said, the danger of accident~ ~ers will be landScaped abutments~from ~ntinued. Each group of units will area with its own identity. Mr. to give variety to the inside of the having m~no~ny in the designs. · the open space, they would adhere per acre, which density would be some- ith the amount of openings. eatures they had. She pointed out ~ls with children,, and she wondered ~nt any mishaps to the children. that is a very difficult question." ~he buildings'according to the Build- [e those necessary requirements when on stairs and safety in corridors. ~t there was any place that would ~ because the cluster of units are major road. Definitely, Mr. Menendez would be minimized. Ail Mr. Menendez could say in this respect was, "You rent to people and they e~entuallY have a.child born. I would suppose that they would take care of them." Mr. Menendez pointed out that these are not the only kids that are going to live in apar%ments~ There are many places where they will live in apartments. Chairman Ryder remarked, "The lake will not be used for swimming, I take it ." Mr. Menendez did not think it would be allowed. He - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 thought it would be allowed to be used for boating and sailing but not for swimming. Chairman Ryder thought certain precautions should be taken to make sure that the kids do not try to go swimming in the lake. Mr. Zive asked if the clubhouse would have an auditorium.. Again, Mr. Menendez said it was hard for even him to tell what will fit in each building, how many two bedroom units or how many swimming pools they will have in the recession of each building. He said this was only a conceptual site plan and they have no design. Mr. Zive again asked what would be in the clubhouse. Right now, based on what they have here, Mr. Menendez stated he would say there would be one recreation center, 2.2 acres of lakes, and it' would contain a clubhouse. Mr. Menendez supposed there would be meeting rooms, game rooms, arts and crafts, and for public meet- ings. Then there will be five' tennis courts, 8 racquet ball courts, swimming pool, and a half. acre picnic area with tables, benches, barbeques and parking, so people would not have to walk all the way. Mr. Zive asked what the total population would be at that area. He also asked how many apartments they would have over there. Mr. Menendez replied that they for the number of~Hnits shown, they would probably have a total of 1,260. He said there would be 3,000 people, based on two or three people per unit. Mrs, Bond wondered how large the units would be. Mr. Menendez answered that basically most of them woUld be two bedrooms, two baths. He said there would be some with three bedrooms, and some with one bedroom. The size of the unit for the two bedroom, two bath would be in the vicinity of between 1,100 and 1200 square feet; the three bedroom would be slightly over 1,300, and the one bed~oo~ would be between 800 and R00 square feet. In view of the fact that the Board had the letter from Enrico Rossi, Engineer, which summed up concurrance with regard to the questions raised by the Technical Review Board, Chairman Ryder asked if there was any point in having it confirmed at this time by the applicant. M~. Annunziato~did not think it was necessary. Mr. Annunziato informed Chairman Ryder that the Board is interested in the sewer, water, and drainage system. Enrico Rossi, P.E. (Professional Engineer), Rossi and Malavasi Engineers, Inc., Forum III - Suite 407, 1675 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401, said they had been work- ing for quite some time not only with the City but with the County prior to this in the development of the engineering features of the project. He informed Members of the Board that the master water, sewer and drainage plan which accompanied the application incorporated all of those features which came about as a result of all of those many meetings with the City departments' staff. - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Basically, from the standpoint of water and sewer, Mr. R6ssi said they were fortunate enough that there is a water master 12" force main which runs along the east and along the west side of Congress Avenue to which they Would be tapping onto to get their needs for that. Mr. Rossi told the Board they would build a sanitary collection system internally and would go ahead and design lift stations. Chairman Ryder asked if these would be new lift stations. Mr. Rossi replied, "Oh, yes. Of course." He continued by saying the lift stations would pump to the force main, and of course these facilities (once they have been constructed and inspected) will be turned over to the City for their operation and maintenance. That would be true.of the water as Well, Mr. Rossi informed the Members of the Board. Mr. Rossi advised that he thought there was a commitment that was written into the knnexation Agreement that deals with the subject of capacity (that they would share in the cost of increase in master sizing the lines to the additional units that they intend to put on, as shown on the original Land USe Plan for the City}. Mr. Rossi said there was a feature incorporated on this thing that if they are required to commit themselves to the extra Sizing of lines to take care of their additional needs. Basically, Mr. Rossi told the Members of the Board that the property that has been outlined by Mr. Annunziato was developed in the scope that the Members could see it in because there was a large vein of muck that arrested the property. He said they were in the process now of having a contract and a mining permit to remove what he estimated to eventually be about 600,000 yards of.'muck. Mr. Rossi said they were now about 110,000 yard~ of muck dOwn the road towards that end. Mr. Rossi added that it gets as deep as 18 feet in some places. Mr. Rossi informed Members of the Board that the plan of reclamation and the contracts that they now have with the people that are out there developing in the demuckin~ as well as the plan of reclamation~ calls for restoration of the contours back to buildable levels through the process of dredging the bottom of the lakes that have muck to be removed. Mr. Rossi said they propose to do that in phases. He told the Members they are now doing the south phase, which is essentially the bottom half of that portion that winds up 22nd, which is ~ne phase of the development demucking reclamation, Chairman Ryder asked Mr. Rossi how deep the main or large lake is. Hopefully, Mr. Rossi answered it will go down to an elevation of minus 23, which would put it at about 33 feet deep. What they incorporated into the design is that the lake slopes .shall be a maximum slope of one on five, which meets the City criteria, the County criteria, and the criteria of the South Florida Management District, Mr. Rossi continued. He said they have to comply with their regulations as far as safety of the slopes, which will be a maximum of one on five, so people can walk down safely and come back out. Mr. Rossi pointed out that there are a lot of constraints that are put °n it-besides the City's. Mr. Rossi advised that they have already gotten the conceptual - 18 - ~INUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 approval in this process from the South Florida Water Management District. He said they have met criteria from the standpoint of flood levels, lake sizes, andquality of water that enters the canal system through controls or regulations. Mr. Rossi further said that each detail will be developed as they go ahead towards the planning stage and address themselves to a more conceptual plan which would accompany the application. Chairman Ryder asked how they would take care of irrigation of the grassy areas. Mr. Rossi replied that there was an obvious place, because of the weight system and its location (that it is centrally located) would be a place where you Could put irrigation pumps and pump out of the existing lakes. Chairman Ryder questioned, "With no intent to use City water?" Mr. Rossi answered, "No. I don't think there is any need for it in this case." As far as City water, Chairman Ryder assumed there would be one master meter because of the nature of the occupancy. Mr. Rossi thought they would probably put a meter for each building. He said that is the way it is now conceptually .laid out on the water plan - a meter per build- ing. Enrico Rossi, Engineer, continued by telling the Board that basically, there are certain commitments for four-laning of 22nd Avenue to their entrance. He reminded the Members that they have gone into detail of the applicant's .commitments'for four-laning Congress Avenue as far as the obligation on the part. of the developer and the number of meetings with the City's staff and the County's staff in develop- ing a four-lane section which is acceptable to the CoUnty and establishing those limits.. Mr. Rossi concluded by saying that basically, those were the high- lights on the water; sewer and drainage, unless the Members had a question. Chairman Ryder asked Delfin Menendez, Architect, hOw close the buildings are to each other. Following the City's regulations, Mr. Menendez replied that the minimum distance is forty feet between buildings or forty feet setbacks from the public right-of-way, He added, '~.Anyway, that would be in the closer areas," and indicated the areas he meant. Mr. Menendez showed one area that would front on the lake but would be back to back to the public parking areas. He said o%herwise, the reclamation would not be effective. Mr. Linkous asked Mr. Menendez if this was a hypothetical configura- tion or pretty much the way it is going to be. Mr. Menendez answered that he would say the final Site plan and project would be very close to that. Once they know exactly the shape and configura- tion of the buildings, Mro Menendez said they would work around that, but he did not think the location of the buildings in the perimeter of the parking with the parking center location is going to change. Mr. Menendez clarified the situation by saying they are in excess of the number of parking spaces required, and they show parking of - 19 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 about ten feet wide. The City now has dropped the requirement for parking to nine feet, which will make an increase in the green area in those parking areas by 10%, and that will provide them with much more flexibility and more freedom in the design of each of these proj~s- , Mr. Menendez continued. Also, Mr. Menendez advised thatbefore,.th~yaccepted a very goodreconxnenda- tion from the City staff to set up such an area for recreational vehicles and~boat storage and that ~he~ maintain-a very clean appearance to_the development. Mr. Wandelt asked how many acres of land there were after the lakes are dug. Mr. Menendez looked at his calculations and replied that they have a total of 25.3 acres of lakes, and that left them with approximately 88.7 acres of land that will include all roads and parking areas. David S. Pressly, Esq., Attorney for the applicant, clarified one thing. The plan now calls for rental units. Attorney Pressly informed the Board that the developer would like to reserve the right to accommodate whatever the public wants in the future, whether it be condominiums or rentals. Chairman Ryder was glad Attorney Pressly mentioned that because he thought, to some extent, this would be a concern to Members of the Board and possibly to Members of the Council. With the understanding that it is not locked in, Chairman Ryder thought they could proceed on that basis. Mr. Annunziato, City Planner, did not see that there was any problem. Chairman Ryder explained that this was a preliminary stage and eventually they will have the site plan, which will be more definitive and probably more final, so the City will have a chance to go into the matter of the type of occupancy that they will have here. Having gone over this for 15 months, Mr. Linkous was sure every- thing has been drawn out. One thing that had him concerned a little bit (~using a quick calculation of 2.5), Mr. Linkous said there are about 5,000 units either started or going to start-along Congress. He stated that he would'assume that signalization etc. has been worked out on Congress. Carmen Annunziato, City Planner, said there is a need for signalization at 22nd Avenue and Congress Avenue. Mr. Linkous asked if that should not be addressed. Mr. Annunizato said it was being constructed now. Mr. Linkous questioned if it would be paid by the County. Mr. Annun~ato informed the Board that the signalization would be paid L by the County and DeBartolo~ in part. Mr. ~andelt de%ermined that there will be a signal there. Mr. Annunziato further informed the Board that it will actually be paid for by the Department of Commerce in a minor contract with Palm Beach COunty, and the money is matched with 1.7 Million Dollars from the DeBartolo Mall. That is how Congress Avenue is being constructed. Mr. Linkous brought that out because he was concerned. He said they asked the people on Federal Highway, which is commonly known as "Hamburger Row" to pay for those signal lights, and Mr. Linkous - 20 - ~INUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 certainly did not want to discriminate and let the City sustain the costs. Chairman Ryder asked if anyone else wishedto speak in favor of the Land Use Amendment and Rezoning. There was no response. He asked if anyone wished to speak in opposition to the application. There was no response. THE PUBLIC HEARING WAS CLOSED. On the northeast of the subject property, Mr. Linkous believed there were 20 acres of C-3. Immediately south of the property, he asked and was informed by Mr~ Annunziato, there is about a 1/4 section. Mr. Linkous did not see any reason for another piece of land to be zoned C-3. He.pointed out that it would have to be C-3 or C-2. Within 1,000 feet, Mr. Linkous said there were 20 acres zoned C-3. Within 1,500 feet south of it, you have 140 or 150 acres and, personally, Mr. Linkous did not see any reason for it. Chairman Ryder did not think they had put a "handle" on it. Mr. Linkous disagreed, saying, "Yes, we have." Mr. Annunziato explained that it would be zoned in the Planned Unit Development (PUD}; it would not carry a different zoning classification. In other words, Chairman Ryder noted, it would be part of the PUD so, actually, it would not hawe the category of a C-3. Mr. Linkous' point was that it would be business. Mr. Annunziato and Chairman Ryder agreed that it would be business. Mr. Annunziato advised that it would not carry a ".C""classification. He said it would be zoned the same category as a Planned Unit Development because a Planned Unit Development provides for a certain minor amount of commercial to be constructed within the confines of the Planned Unit Development not accessible from exterior roads. He added that it will still be stores. That was Mr. Linkous' point. Mr. Linkous had no idea of who owned the 20 acres almost across the street from this property. Mr. Annunziato informed him it was the same property owner. Mr. Linkous commented, "That satisfies that, so you are not competing with anybody. You are competing with yourself." He told the applicant he was trying to protect the man who owns the 20 acres. Mr. Nate Adams,~VicePresident of Riteco Development Corp., 940 Bowline Drive, Vero Beach, Florida, spoke up to say that they do not want outside people to come into this 7-11 or whatever will be there because they will want to use the short cut to get over to the Sand & Sea, Military Trail, and all of the rest of them. Mr. Adams told the Board that they want to make sure that they have made sure in their plans that you do not have access from Congress Avenue to this piece of property; you have to come inside of the development in order to get to it. Mr~ Linkous thought when he had Mr. Menendez check it that he bordered it on Congress. Mr. Adams replied that it borders on Congress but it is all buffered, and you cannot get to it from Congress. Mr. Menendez, Architect, explained again that at the - 21 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH~ FLORIDA AUGUST 10, 1982 corner of Congress Avenue, without any access from Congress, you would have to enter at a point he designated on the plan. He showed where you would have to exit, and stated that the access is within the property. Vice Chairman Winter noted that it would discourage any- one. Mr. Menendez said it would be very convenient to the people. It.~.will be a typi~al.neighorhood facility where they can buy the gallon of milk and bread and something that they would need immediately. Mr. Annunziato reiterated that the staff recommendation was that the land use amendment and rezoning be approved, the land use amend- ment being from Agricultural to High Density Residential and the zoning recommendation ~being again AgricultUre to PUD (Planned Unit Developmentl with a land. use intensity of 5. He said the recommenda- tion was based on staff comments and the response to the staff comments as contained in the letter from Enrico Rossi, Architect, Mr. Linkous moved to'approve the ~and Use Amendment and Rezoning as requested by Janet Knox Field, as Trustee, and Riteco Development Corp., subject to staff comments and the letter from Enrico Rossi, Professional Engineer, Rossi and Malavasi Engineers, Inc., Consult- ing Engineers, Forum III, Suite 407, 1675 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, dated August 4, 1982, addressed to Mr. Carmen Annunziato, City Planner. Mr. Wandelt seconded the motion. Chairman Ryder wished to go back to the reference that was made to the fact that the type of occupancy might be flexible before taking a vote. He thought it was something the Members might be concerned about and also that the Council might be concerned about. Chairman Ryder pointed out that it is a matter of record now that there is some flexibility there. He thought it might have some value. A vote was taken on the motion, and the motion carried 6-0. PUBLIC HEARINGS: 7:30' P. M. (3) ANNEXATION Applicant: Request: Location: Legal Description: William E. Benjamin, II & Point Manalapan Develop- ment Corp. Annexation of 65.80 acre tract of land located between High Ridge Road & Interstate 95, approxi- mately one mile South of Hypoluxo Road, together with adjoining Seaboard Airline Railway & Inter- state 95 rights-of-way Between High Ridge Road & Interstate 95, approxi- mately one mile South of Hypoluxo Road Acreage, Land in Section 9, Township 45 South, Range 43 East - 22- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Mr. Annunziato referred the Members to the Agenda and asked them to note that this request had been broken up into two public hearings: (1) concerning the request for annexation; and the other concerning the request for zoning and the proper land use classifi- cation with regard to that zoning. Mr. Annunziato said the proposal is to annex a 65.8 acre tract of land into the City of Boynton Beach. The tract of land is located north of Miner Road and east of High Ridge Road. Except for a small out parcel in the northwest corner of the proposal, Mr. Annunziato said it is rectangular in shape and is bordered on the east by the Seaboard Airline Rail- road, and on the northby the Lake Worth Christian School. Mr. Annunziato informed the Board that the land is partially sand mined and is partially a derelict mango orchard. Mr. Annunziato continued by saying that the applicant is requesting annexation into the City of Boynton Beach with the land use classification of a PUD (Planned Unit~Development) and a PID (Planned Industrial Development). The property is currently zoned RS and, as Mr. Annunziato mentioned, is either underdeveloped or undeveloped. In addition to the Petition for AnneXation, Mr. Annunziato said the application was accompanied.by a Petition for Voluntary Annexa- tion, which has specific criteria which was addressed by the appli- cant, and the Petition for Annexation addresses certain road and utility improvements which the applicant has agreed to. Mr. Annunziato informed the Members that the issue was addressed based on compliance with the three Comprehensive Plan Policies for annexation, which are: "1. Annex only property which is reasonably contiguous to present municipal boundaries; 2. Annex property only after the preparation of a study evaluating the fiscal benefits of annexation versus the cost of providing service; and, 3. Annex only properties which are of sufficient size to provide efficient service and on ~nich urban development is anticipated." Before going further, Mr. Annunziato pointed out Staff's prior concern about the construction of High Ridge Road south of what currently terminates at N. W. 22nd Avenue. He asked the Members to recall that as a part of the approval of the South Palm Beach Commerce Park master plan, the Planning and Zoning Board required the developer to construct that road in connection with this master plan. Mr. Annunziato continued by saying that the developer has followed up his request for master plan approval with a request for a petition for an excavation and fill permit. As part of that permit, the City Council has requested that the applicant post surety for the construction of the road, Mr. Annunziato had a conversation with the applicant today (~August 10), and that surety sh®uld~be deposited with the City before the end of the week, so Mr. Annunziato said they are getting very close to resolving the problem the City had with respect to High Ridge Road and the servicing from Boynton Beach. - 23 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Mr. Annunziato advised that staff has also recommended that this developer be made responsible for the same improvement plus turn lanes at the Hypoluxo project entrance and N. W. 22nd Avenue. Mr. Annunziato referred to the Comprehensive Plan Policies, which he addressed individually. Concerning the issue of contiguity, Mr. Annunziato failed to mention that there is an odd addition to this property which parallels the railroad on the west side and extends northward approximately 1500 feet. Tim Cannon, Assistant City Planner, pointed that out, and Chairman Ryder asked the significance of the entire cross hatched area. He referred to the rectangle running north and south. Mr. Annunziato answered that the cross hatched area running north and south is the proposedarea where the PUD would be developed. Chairman RYder meant 1.the vertical column, adjacent to 1-95. Mr. Annunziato informed him that was property owned by the applicant and part of the PUD. Chairman Ryder determined that the vertical appendage adjacent to the rail- road and Im95 is property owned by the applicant and is coming into the City too. Mr. Annunziato read: "Policy 1 'Annex only propety which is reasonably contiguous to present municipal boundaries.' ~he Point Manalapan property is. contiguous on its entire southern boundary (approximately 1450 feet) with present corporate limits and on its eastern boundary when taking into consideration intervening rights-of-way for a distance of approximately 2600 feet." Mr. Annunziato said the dark column that the Members could see running north and south is 1-95 and the railroad. He said they advertised in connection With this application the annexation of those public and semi-public rights-of,way into the City of Boynton Beach. Taking into account intervening rights-of-way, Mr. Annunziato said there would be an additional 2600 feet of contiguity to the corporate limits. Mr. Annunziato further read: "Policy 2 'Annex property only after the preparation of a study evaluating the fiscal benefits of annexation versus the cost of providing services.' Mr. Annunziato said in response to Policy 2, they prepared a Cost/ Benefit Analysis which was attached as Exhibit C to ~the material before the Members. of the Board. Based on similar land values and similar types of development and those land values prorated over the property in question for the PID (Planned Industrial Develop- ment) part of this, Mr. Annunziato'said it would be approximately Ten Million Dollars worth of land value with a ~total tax of $66,000.00 a year in municipal taxes. For the PUD (Planned Unit Development), Mr. Annunziato-~o~d~-t~e - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Members there are approximately Two Million Dollars worth of valuation with a total tax of about $13,000. For the multi-family~ approximately $3,500,000 of valuation and $23,000.total tax, Mr. Annunziato continued. He said this was different from prior valu~ ations in that this does not include homestead exemptions. Over a year, this could be homesteaded property, but the prior application was reviewed as though ~:-~ ' ~ .~- ~ ~ it were.a business, being a rental property. Mr. Annunziato told the Members that the potential for homestead exemption~decreases the taxes. Mr. Linkous thought it would be approximately 7%. Mr. Annunziato further advised that $6,000 + unspecified amounts was estimated for staff salaries. He said the City anticipates a need for additional operating expenses but were unable to put a dollar figure on that. For capital outlay, the City anticipates $23,00Q which would be for additions to the library for books and floor space and other unspecified amounts. Taking those figures against the proposed actual valuations, %he residential becomes somewhat "iffy", Mr. Annunziato continued, but the Planned Industrial Development becomes probabtya tax gain. Mr. Annunziato read the third Comprehensive Plan policy: "Policy 3 'Annex only properties which are of sufficient size to provide efficient service and on which urban development development is anticipated." Mr. Annunziato thought the Board Could take as a premise the fact that anytime sewer and water is available to a vacant tract of land, it then becomes in the path of urban development. Mr. Annunziato said the property is served along its southern boundary with a 16 inch water line, and just to the southwest of the property there is a 10 inch force main. These facilities were constructed beginning with 1982 as a part of the master plan expansion to the City of Boynton Beach utility system. Mr. Annunziato added that all properties on High Ridge Road in this area will probably experience increases in intensity of land use because of the availability of utilities. Mr. Annunziato read from his memorandum of July 16, 1982: "Ba " ' ' ' sed on the findmngs of fact . .., mt ms apparent that the Point Manalapan request is consistent with the Boynton Beach Comprehensive Plan policies concerning annexation." Mr. Kenneth Groves, Vice President, Point Manalapan Development Corporation, 4691 - 123rd Trail North, West Palm Beach, Florida, appeared as agent for the applicant. Mr. Groves wished to point out that from the plan they submitted, it is evident that they are intent on developing this portion of the property in what is considered urban densities. Mr. Groves said the City of Boynton Beach has available Urban Services, and it seemed - 25 - ~INUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 appropriate, particularly in view of the fact that they have the tax base. Mr. Groves pointed out that it would simply be an extension of the existing development within the CitY. Mr. Groves continued by saying their propert~ contiguity to the City and, of course, poses ment problem, which has been experienced by Mr. Annunziato informed the Board that Mr. G discussing the annexation of this property f~ years, so he thought he had all of his ~quest~ Chairman Ryder asked if anyone else wished t~ the proposed annexation. Vice Mayor Warnke came forward to inform eve~ may be of general interest but which had not] subject matter. He said it was decided by tl Board tonight to submit to the City Council ~ the name of the thirty acre park west of BoY~ Avenue Community Park, Boynton Beach, dedica' Padgett." Chairman Ryder said this was the 1 County park. He commented, "That's good newl She has done a wonderful job for the City." Chairman Ryder again asked if anyone else wi of the application. There was no response. Chairman Ryder asked if anyone wished to spe application. Donald D. Forrester, 7648 High Ridge Road, H his address to the Board and added, "the lit included up in the north." Chairman Ryder a he was presently a resident in the County. that he was a resident for 19 years. Chairm from Mr. and Mrs. Forrester. Mr. Forrester said he and Mrs. Forrester did not just Boynton Beach, because they have gol not with Boynton but with the County. Mr. F~ assurance do we have that the plan, which is that way once it is rezoned? Is there an as time limit?" He said before, the property s~ has a fair amount of no pocket type develop- ~ome other cities. ~oves and he have been something like five Lons answered. speak in favor of ~yone of a matter that ~ing to do with the ~e Parks and Recreation ~or final approval ~ton, being "Congress 2ed to Tereesa )ark opposite the ~, honoring Tereesa, ~hed to speak in favor ~k in opposition to the fpolUXo, Floridar gave ~le notch that is not ~ked Mr. Forrester if 4r. Forrester answered ~n Ryder had a letter not want any town, ~e through this before~ )rrester asked, "What nice, is going to be Durance? Is there a )uth, where there will be an industrial PID, has been sand mined and was not treated properly. Mr. Forrester emphatically asked, "What assurance does a little bitty homeowner have?" Mr. Annunziato answerad~it is the nature of thesezoning categories that the applican~ is requesting that what you see is what you get. He did not think the City would annex property under any other circumstances at these locations. Mr. Annunziato, City Planner explained that the configuration of land uses which will come up and be discussed when they discuss the land use and zoning - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 category is how the property will have to be developed if the Council annexes it and zones it. Mr. Annunziato acknowledged that there are avenues for modifications to those, but anything of a substantial nature would, in fact, result in negating the zoning category that the applicant receives, and it would probably go back to agricultural zoning. Mr. Annunziato continued by saying the land uses that were shown that will be discussed probably in a few minutes, he thought Mr. Forrester could feel secure that is what the' area will look like when it is developed. In terms of kind of development, Mr. Annunziato remarked, "That's crystal ball. Mr. Annunziato advised that the applicant has a requirement, and that is construction within 21 months; the applicant has to plat and bond within 21 months. When you mention sand mining, it really affects Mr. Forrester, and it bothers him. He informed Members of the Board that they are on a hill, and where the PUD will be developed is about the only natural hill left around here. Mr. Forrester said there is a marker up at the top that the apPlicant may not even know about of the Corps. of Engineers. He said it is the highest accessible point in Palm Beach County with a road. Mr. Forrester forge~'h0w many feet it is. He asked, "When our house .star~s to sink, who do we sue, you, the City, the developer, or everybody?" Mr. Annunziato answered, "Knowing the way lawsuits occur, you will probably sue everybody." Mr. Forrester stated they were just going to do it, because everywhere else, in the other part, he can not build what he wants to build on nice rolling land. Mr. Linkous requested Tim Cannon, Assistant City Planner, to point out Mr. Forrester's property. Chairman Ryder informed Mr. Forrester that the City is giving him a buffer. At the present time at the City limits, Chairman Ryder said this area is zoned M-1 just to the south of Mr. Forrester. Chairman Ryder explained that M-1 is manufacturing, and what they had here is a PID, which is a different concept from the normal M-1 zoning. Then, Chairman Ryder continued, the City has the PUD before they get to Mr. Forrester's property. Mr. Forrester called attention to the fact that if they open that road up from 22nd Avenue (they only have a 21 foot paved road with no sidewalks), part of that little 21 foot~road will be Boynton. The south part will be Boynton's road. Mr. Forrester told the Board they have only lost animals with the City's industrial park, no children. Chairman Ryder agreed that part of the 21 'foot road will be in the City limits. Mr. Forrester remarked~ "That's going to be a race track~ It's bad enough now when the industrial park lets out. There are three businesses there, and it's not the quiet little neighborhood. I know everything has to grow, but this is a -" Chairman Ryder thought we all have come to that conclusion, that times are changing, and it is not the way it used - 27- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 to be. He said all they could do was try to come up with something that harmonizes with what is there. Chairman Ryder added that it is not harmful. Mr. Forrester said they should see the school bus at the school just north of us. He told the Board, "Wait until the school bus and one of those sand trucks meet. They won't meet. There's not room enough for a big sand truck and a school bus." Mr. Linkous asked, "How wide is that right-of-way?" Mr. Annunziato answered that the right-of-way of High Ridge Road is one of those early Palm Beach County sited and posted roads. In fact, he said the right-of-way exists probably because of an easement. Mr. Annunziato said it appears on the tax maps as a right-of-way, and the de~scription refers to their property, which is an acreage, less the right-of-way. Mr. Annunziato advised that it is 50 feet, 25 feelt on either side of the section line, which is a common denominator for each side of these posted roads, He continued by saying the right-of-way that will exist in Boynton Beach south of the seiction line, adjacent to these projects, will be 80 feet with 24 feet of paving. Chairman Ryder determined that there is a potential for widening. Mr. Annunziato wished to make a "sort of" editorial comment about High Ridge Road, as these people have been subject to many, many things in the past and are someWhat familiar to the kinds of land use conflicts that have occurred and'early annexations without much regard to land use buffers. As a matter of fact, Mr, Annunziato said that was why the City had this Point Manalapan application splitting the property to try and buffer on Mr. Forrester's property, He explained how they were going to the lower densities of residential from M-1. Concerning High Ridge Road, Carmen Annunziato, City Planner, said High Ridge Road has always been planned to connect with N. W. 22nd Avenue. It has been a sUbject for the County Commission's discussion for more than ten years. In his opinion, as a Planner, Mr. Annunziato commented that now that~sewer and water are avail- able, one of the things that has kept that area from developing higher densities is the Health Department's refusal to allow higher density developments because of the non-availability of public utilities. He said public utilities are at High Ridge Road and Miner Road now, so Mr. Annunziato thought it was prObably just a short time until some people will realize that those properties that have the ability to-intensify deVelopmentwise (maybe go from~.'one unit to twa or split properties} now that water and sewer are available .will do so because i~ will be'~a~-gain financially. Mr. Annunziato "sort of" empathized with the High Ridge Road aspect of this thing but he thought that the forces have been put in motion that probably will cause change in the next five or six years. - 28- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Chairman Ryder had said the City was not annexing Point Manalapan. Mr. Forrester disagreed, saying that the City really, is because the yellow sand will wind up over in Point Manalapan. Mr.. Annunziato, City Planner, advised that the City has adopted some relatively restrictive excavation regulations and the way the City's ordinances will read, unless it is physically necessary for a developer to remove fill from the site (muck, for example, which is a physical impairment to development), you cannot remove fill from your site. Mr. Annunziato explained that did not mean there could not be an exchange of fill on site to fill in lower levels and perhaps lower the higher levels. The way the City ordinances read right now, Mr. Annunziato doubted very much that a developer would be permitted to re,Dye any fill from site. Mr. Linkous thought Mr. Forrester's letter was very appropriately written. He read: "Any further sand mining to the north willdestroyone of the last remaining natural sand ridges inSouthEast Florida and leave our property in jeopardy." Mr. Linkous asked Mr. Annunziato if he was correct in assuming from Mr. Annunziato's statement that there would not be any more of this. Mr. Annunziato thought it was an accurate assessment but added that it did not mean to say there would not be some cutting of streets, as he saw it. Mr. Linkous asked about hauling away. Mr. Annunziato'knew there was not going to be any hauling away from the site. He said there may be some removal of fill fromm.the'nOrth half to~the~south half. Mr. Linkous asked, "On the property?" Mr~ Annunziato replied, "On the prOperty.'' Mr. Kenneth Groves, Vice President, Point Manalapan Development Corporation, came forward again, To give Members of the Board a little background on what particular pointS Mr. Forrester was try- ing to raise are, Mr. Groves told them to look at Commerce Park to the south of the property and the Planned Unit Development to the north of it. Years ago, Mr. Groves. informed the Members, 'they excavated a considerable amount of sand from what would amount to the south 42 acres of the 65 or so acres that they presently own. Of the acreage they presently own, Mr. Groves advised that there are more than 12 acres presently unexcavated, as it has been for a number of years. Mr. Groves said they have had comprehensive discussions with the Boynton staff, and their intent is solely to alleviate the rather extreme rock on the extreme northend of their property with ridges at its peak as it abuts the school. He said they would probably do some evening at that po.int so that there is not a dramatic increase, and that sand would be relocated somewhere on the open side. Mr. Groves stated that he would say it was safe to assume that perhaps 80% or better of the unexcavated portion of the un- excavated portion of that piece of property will remain just as it is, and the only portion that would be touched would simply be to even the existing grades with those areas that have already been excavated. Mr. Groves' understanding of the Boynton Beach Excavation Ordinance - 29 - ~INUTES - PLANNING AND ZONING BOARD BOYNTON BEACH~ FLORIDA AUGUST 10, 1982 would strictly prohibit 'excavating sand from thattsite, assuming that you own the piece of property that they do. Mr. Groves said they could say they do not meet any economic criteria and say that they have to take the sand off of the site to develop it. Mr. Groves commented that there was no logic to it. When the City prepared that regulation, Carmen Annunziato, City Planner, advised that economics was not a consideration for bind- ing. He said the only thing that is a consideration for removal of the shellrock on site was a physical impediment to development. Mr. Annunziato quoted, "physically necessary to develop." He used muck as an example and said, "You have to remove muck in order to construct building areas. You can build on sand, so that is not a physical impediment. Therefore, you cannot ~em0ve~it.'' Mr. Annunziato commented that in, the.property to the south with the great differentials in elevations, it.became a physical necessity because of the prior construction. What Mr. Groves was saying was that in his north property line, if anyone has visited the site, their roofs are about Mr. Groves' ground elevat~ion, Mr. Annunziato advised. He said they excavated and left a rather steep embankment that is not on a property line. Mr. Annunziato informed the Board that what Mr. Groves was saying was that. the embankment will have to be diminished in order to provide a build- ing site, but~that fill which will be removed from that area could not leave either site. It will have to be spread somewhere on the property. Mr. Linkous thought that was what Mr. Forrester was concerned with. Chairman Ryder asked if anyone-else wished to speak in opposition to the proposal. John P. Hess, Jr., 7075 High Ridge Road, Hypoluxo, Florida, was speaking for the Greater South High Ridge Propertyowners Associa- tion. He thanked Carmen Annunziato, City Planner, for giving his editorial comment and also the beginning of the history of this problem. Back in 1972 this property, to the south of the applicant's re- quest for annexation and rezoning, was simultaneously annexed and rezoned, Mr. Hess informed the Board. At this time, the City is separating the two, and having a hearing for rezoning and having a hearing for annexation. Prior to that, in 1972, Mr. Hess said the City took the reSidential area, which is now Industrial Park, and immediately rezoned and annexed this property without anybody being notified because, according to-law, all they had to do was to notify people in Boynton Beach. "There was no one around you," Mr. Hess continued, "so you didh't. We heard nothing about it until it was done. It was done. In 1972, we came before you. Thank God Joe deLong was here. At that time, he was the Vice Mayor. - 30 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 He voted for us, to stop any further industrial development of that area until a road is built to the south. At that time, the County Commission agreed to establish a hiatus, blocking any industrial traffic from any residential road of one mile (High Ridge Road), therefore, forcing them to go south. The ~problem was they had already partially built an industrial park, or at least one part of an industrial park - one building, so they had, by rights, ~he right of egress and the right of the roads." Mr. Hess continued by saying, "So they got us. We all agreed to it. We also agreed before your City Commissioners and before the County Commission not to further develop that thing until there was a road to the south and until a hiatus was established. Mr. Hess said it was illegally done and was illegally turned from a residential area down there to an industrial area. Mr. Hess noted that Mr. Annunziato told the Members a little bit about it but said that Mr. 'Annunziato did not tell the whole history. Mr, Hess said there were seventy residences on the road, and they all have one acre and children. Mr. Hess told Members of. the Board that he has three children who go to Lake Worth Christian School. There are no sidewalks. As Mr. Forrester indicated, Mr. Hess said the road is 21 feet wide. Mr. Hess has one son now who will be in junior high school, who rides a bicycle. If this thing is open to the south and the Board does accept this annexation and rezoning, Mr. Hess predicted that there is no way this will be safe for his son. Mr. Hess thought the only solution was to carry with what the County Commissi6ners tried - to stop this terrible moral sin that has occurred, and accept their idea. Mr. Hess urged the Board to accept the County Commissioners' idea and not accept this rezoning and not to accept this idea. He asked the Board to demand that this industrial park, which was created unfortunately by whatever occurred in 1972, be self-sufficient. Mr. Hess added, "Make them go south. Keep us, as residents, safe. Keep our property values, and keep our freedoms of safeness proper." To go one further step, Mr. Hess advised that if this thing is opened~to ~the south, Motorola is obviously going to be built (it is at the corner of 22nd and Congress), a short cut automati- cally will be established. Anybody Who has any sense, with gas prices the way they are, will look for a short cut, and if they want to get to 1-95, they are going to zip down 22nd and up High Ridge Road, and so will commercial vehicles, and so will truckers, Mr. Hess pointed out. He said High Ridge Road is one mile. Mr. Hess admitted they were not taxpayers of Boynton Beach but they came to the Board imploring and trying to correct something that happened and to stop this thing before it goes further. Mr. Hess implored the Members of the Board to reject the annexation idea on a moral issue and try to stop the sin that did occur. Of course, he added, we all make mistakes but we do not like to - 31 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 make too many errors. There was applause, Chairman Ryder thought everyone would appreciate that the City has been in a bind. Currently, if you want to go from any part of Boynton to any area here along High Ridge Road, you have to leave the City to get to it. This is something Chairman Ryder thought the City necessarily had to correct. Finally, he said the City is coming to the point now where they are opening up High Ridge Road and 22nd Avenue. In a sense, Chairman Ryder said it would benefit the residents of High Ridge Road because, otherwise, traffic going to this M-1 industrial area has to come in primarily through High Ridge Road from Hypoluxo. There is no other way in. Chairman Ryder said the City is now providing them a means of access from the south so they can come in from 22nd Avenue. In a sense, Chairman Ryder felt the City was alleviating the current situation that the residents of High Ridge Road have. There were. a number of issues that Mr. Hess raised that Mr. Groves had not referred to at this point and time because he felt they were more subject to the rezoninq than to the annexation. Among them were Mr. Hess' discussions of the zoning of that particula~ property and what would be suitable there, Mr. Groves recalled, and what the County has to say about the zoning of the property. Mr. Groves said he would be happy to go into them at this time, but he thought it would be more appropriate to consider the a~nexation as they have been doing and then discuss the aspects of the rezoning. Mr. Groves advised that there is a considerable amount that he has to say about High Ridge Road also which he felt would also be more appropriate in the rezoning discussion. As far as they are concerned, Mr. G~oves said whatever policy is ultimately adopted by.Palm Beach County with regard to High Ridge Road, whether they'-put a hiatus on it or do not put a hiatus on it, and whether that hiatUs blocks them from access to the north or does not, they are intent on seeking annexation into the City of Boynton Beach. If that means there is going to be a hiatus in Mr. Forrester's property, so be it, Mr. Groves continued. He said they were prepared to live with that. Mr. Groves advised that they do not agree with that and think it is probably illegal and w0uld probably fight it. If that is the case, Mr. Groves remarked, "So be it." With regard to most of Mr. Hess' points, Mr. Groves wanted to reserve comment until after they discussed the zoning aspects. Chairman Ryder asked if anyone else wished to speak in opposition to the proposed request. Jerry Davis, 7621 High Ridge Road, Hypoluxo appeared before the Board. In regard to the hiatUs in lieu of annexing the road right- of-way, Mr. Davis said it was actually to stop the hiatus.frombeing put there. He advised that the County has granted them the right to the hiatus and upon annexing the road, it would alleviate their - 32 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AuGuST 10, 1982 responsibility, being that it would be in the City of Boynton. In effect, Mr. Davis said it would be abandoning them in regards to the hiatus. He asked why there was a need to annex the road, other than to alleviate the hiatus that had already been granted to them~ Chairman Ryder di~D~°t~'Q~sider~the hiatuS~that had been ordained was locked in concrete. Mr. Davis.agreed that it is to the point that the County has agreed to it in the past and has agreed to it recently. He pointed out that if the hiatus is annexed into ~the City of Boynton, then the .hiatus is under the City's control, which definitely would not be there in regards to the peninsula of annexation up to the right-of-way of 1-95~' Mr. Davis called attention to the fact that one of the City's criterias for annexation of property is that it abuts or is adjacent to. He said it is a continuing encroachment on the residents up there because there is additional property that is owned by these people. that is being scavenged or has been scavenged in the past in regards to sand mining, and it was stopped recently. This peninsula would, in effect, connect that property, by-passing the Lake Worth Christian School, Mr. Davis noted. He reiterated that it was a continuation of encroachment that they did not feel was right. In regards to the hiatus, Mr. Davis said it was established this way to alleviate the influx of commercial traffic that is on their road. In regards to the continuation of High Ridge Road to 22nd, all Mr. Davis felt it would do would increase the flow of traffic. Mr. Davis noted the City had said by having this done, it would alleviate their problems. He advised that it would compound their problems by the influx of the amount of traffic that will be going through that area. Mr. Davis continued by saying it is a residential area; it is a small road; they have continuous problems right now with semi- trailer traffic; they have had numerous animals killed on the road and, like Mr. Forrester has said, none of their children have been involved yet, but they have been closely related to it. To set the record straight, Mr. Davis was not necessarily opposed to the annexation of the property down there. He said it was in fact what it is doing to the property owners in regard to the traffic and the safety problems in regard to the road. Mr. Davis knew a lot of people did not feel the hiatus was a ~iable method of slowing the traffic down but noted that there has been nothing in the past that has been able to stop ito The speed limit on the road now is 25 miles an hour with 15 miles per hour for trucks. This, in effect has not been enforceable in the past and cannot be enforced now, Mr. Davis continued, even with speed traps. It is a continual problem. He asked what the City would do with regard to alleviating that kind of problem to the people of the County if this is stated that way. Mr. Linkous asked what portion of land Mr. Davis was classifying as a hiatus. Mr. Annunziato replied that there was no location for the hiatus. Mr. Davis disagreed, saying it had been constructed or - 33 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 proposed to be constructed at the intersection of the termination of High Ridge Road and Miner Road. Chairman Ryder advised that it is at the City line. What the so-called hiatus refers to, Mr. Annunziato explained, is that in 1973, a Resolution was approved by the County Commission providing for a termination somewhere on High Ridge Road which would physically separate the southern portion of High Ridge Road from the northern portion of High Ridge Road. He was not so sure the specific location had been decided upon. Mr. Annunziat~o read the Resolution and did not think the Resolution said a specific location. Mr. Davis commented that it~ would be obvious for the annexation of the road from this point that is being annexed down there to take care of this problem. Mr. Annunziato said the issue of the hiatus may or may not ~go~ away~ He did not think the hiatus is inconsistent with the County Comprehensive Plan~ their staff acknowledges it; the County Commission has'chosen not to make a final decision on this issue; the City Council of Boynton Beach has taken the position that High Ridge Road should be constructed and should be opened up. Whether or not these annexations would result in the hiatus being met or the idea of it b~eing terminated, Mr. Annunziato doubted because there is plenty of County right-of-way north of these annexations. He did not think it was an issue in connection with this annexation. Mr. Davis argued that Mr. Annunziato said he does not think it is an issue. He told the Board it was irregardless of what Mr. Annunziato thinks is an issue; it is what the property owners feel is an influx on their property, Chairman Ryder noted Mr. Davis said it is not an .issue. He just got through saying before that the people who live in Boynton at this point on High Ridge Road can only get there .by going up north'and then coming down High Ridge Road. Chairman Ryder asked, "You tell me that's not helpingS" Mr. Davis disagreed, saying, "You people created the situation." Chairman Ryder placed the letter of Donald D. Forrester and D. Jane Forrester, 7648 High Ridge Road, Hypoluxo, Florida, addressed to the Planning and Zoning Board, addressed August 5, 1982, into the record, as follows: "In reference to annexation, rezoning and land uso submitted by William E. Benjamin II and Point Manalapan Development Corp., we are opposed to the annexation and rezoning of the said property. The rural setting of our small cc~munity would be vastly changed by such a developmsnt. The only paved access to this property is High Ridge Road, which dead ends at the south portion of the proposed property to be annexed. High Ridge Road is a paved road of only 21 feet in width. We are also opposed to this annexation and rezoning because 'of the probability of sand mining. In the past, Mr. Benjamin and - 34 - MINUTES'-'~PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Point Manalapan Development Corp. have done extensive sand mining on the south portion of said property. Any further sand mining to the north will destroy one of the last remaining natural sand ridges in South East Florida and leave our property in jeopardy. We hope that with your infinite wisdom and planning you will not grant this petition for annexation and rezoning." As no one else wished to speak in opposition to the proposal, THE PUBLIC HEARING WAS CLOSED. Mrs. Bond asked if they annexed that portion of Point Manalapan's property, will the road be widened. Mr. Annunziato replied that the proposal would not be to bring it to a 24 foot section but their traffic impact statement requires that they construct turn lanes at the project entrances. Mr. Groves advised that they would pave 21 feet. Mr. Annunziato added that it would be encumbered by turn lanes. "Even though they would have commercial property included in it, they would not have to widen the road?", Mrs. Bond again questioned. Mr. Annunziato answered that they would bring it through their property to one-half of an 80 foot section, which would be 40 feet, which means that would be a part of a dedicated right-of-way adjacent to the property. From Miner Road south, Mr. Annunziato said the property owners have agreed to dedicate the full 80 feet right-of-way. The City's requirements for these kinds of rights-of-way would be a 24 foot paved road. Mr. Annunziato thought the point Mr. Forrester was trying to make was north of Miner Road, there-only exists 21 feet of pavement but over that distance there will be turn lanes at both entrances, as Mr. Annunziato recalled. He said he would have to look at the traffic impact statement. Mr. Annunziato advised there are no plans to bring the 21 feet to 24 feet. He thought it would probably be impractical. Chairman Ryder told the Members they had to consider that they heard the people who live in the vicinity, in the County. How- ever they also have to consider that Boynton has a problem and has had a problem. The thing is that this hiatus is an abomination, and Chairman Ryder did not think it was going to last forever. He thought the Board's major concern was to make sure that the people who live in BoYnton have access without having to go out into the County to get back in. Mr. Linkous moved to accept and annex the property as presented in the Petition for Voluntary Annexation of Point Manalapan Development Corporation and William E. Benjamin, II. Mrs. Bond seconded the motion. A vote was taken on the motion, and the motion carried 5-0, with Mr. Wandelt abstaining from voting. - 35 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 (4) LAND USE AMENDMENT AND 'REZONING Applicant: William E. Benjamin, II & Point Manalapan Development Corp. Request: Amendment to Future Land Use Plan to show property as Low Density Residential and Request for Zoning property PUD with a Land Use Intensity of 5.00 Proposed Use: Multi-family and Single Family Residential & Recreational Facilities Request: Amendment to Future Land Use Plan to show property as Industrial and Request for zoning property to PID (Planned Industrial Development) Proposed Use: Industrial Location: Between High Ridge Rd. & Interstate 95, approxi- mately One mile South of Hypoluxo Road Legal Description: Acreage, Land in Section 9, Township 45 South, Range 43 East Concerning the current land use and zoning surrounding these proposals, Mr. Carmen Annunziato, City Planner, reminded the Members of the Board that they were addressing the zoning of these proposals in one public hearing. He said the proposals are to zone the southern 25 acres into a Planned Industrial Development. Those Members wh~.were familiar with the PID (Planned Industrial Development) zoning regulations would know that this is a high grade industrial zoning classification providing for Council approval of all uses, p~oviding for the green belts, providing for associations to maintain properties, providing for controlled access,'and prOViding for development consistent with the subdivision regulations, Mr. Annunziato advised. Mr. Annunziato continued by saying the northern 45,4 acres plus o2 minus is proposed to· be developed into a Planned Unit Development with a land density not to-exceed 4.8 in its per acre gross. This combination of planned industrial districts has been determined to be consistent, at staff level, with the Palm Beach County Comprehensive Plan in that they have a zoning category for mixed industrial and residential uses under one zoning classifi- cation, Mr. Annunziato informed the Board, but in concept (and staff has letters in reference to this concept), Mr. Annunziato said it was similar with Palm Beach County's zoning classification of PID. Therefore, he said it can be annexed and zoned at this time. Of course, Mr. Annunziato pointed out, this is the ultimate decision of the County Commission to determine consistency of the Comprehensive Plan. The proposal for the PUD (Planned Unit Development) provides for the development of approximately 200 units with approximately 150 multi-family and the remainder being single family detached units, Mr. Annunziato continued. The multi-family would act as a land use buffer between the Planned Industrial Development and the single family. In effect, packaging these two zoning districts in one property, the applicant is taking it upon himself to provide - 36 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 for a land use buffer between the straight M-1 zoning category to the south and the existing RS single family zoned property to the north. By having planned districts, Mr. Annunziato said the applicant was able to provide for sufficient~buffers~and, sufficient land use controls to afford a change from straight industrial zoning to high grade industrial, multi-family, and single family zoning. Mr. Annunziato referred to the chart drawn for the Members in his memorandum of July 16, 1982 under "Current Land Use and Zoning" and said under the jurisdiction of Palm Bea~h County, the zoning is RS, and the Land Use is the Lake Worth Christian School to the north; to the east the jurisdiction is again Palm Beach County, and the zoning is not applicable because they are talk- ing about rights-of-way, being the Seaboard Airline Railroad. To the south, Mr. Annunziato told the Members the jurisdiction is Boynton Beach. The zoning is M-l, and there are three uses: (1) Rollyson Warehouse, which houses many technologies; (2) Florida Pneumatic, and (3) Vacant undeveloped property. To the southwest, Mr. Annunziato said the jurisdiction is Palm Beach County; the zoning is RS, and the Land Use is vacant and un- developed. To the west the jurisdiction is Palm Beach County; the zoning is RS, and the Land Use is estate single family. To the northweSt, the jurisdiction is Palm Beach County; the zoning is RS, and the Land Use is single family detached, Mr. Annunziato informed the Board. As to the Future Land Use and Zoning, Mr. Annunziato told Members of the Board that High Ridge Road is an. area in transition so far as development is concerned. There are many items which cause an area to change, but the primary causes of change in the High Ridge Road corridor are first the'availability of sewer and water. As Mr. Annunziato mentioned previously, there is a 16 inch water main along the entire-southern boundaries of the property and a ten inch force main which crosses High Ridge Road at Miner Road, and that force main will serve the entire area from Hypoluxo Road south almost to N. W. 22nd Avenue. There will be a pumping station and force main to tie into that system, Mr. Annunziato advised, to the proposed extension o~f High Ridge-Road southward~to N. W. 22nd Avenue which~this~-Planning-andZoni~g Board has already required of the developer, and the industrialization~bf ~he?s~r~6~ding ar.ea, 'no~ only to the'South but ~ls~ t~tMot~rola~ ~ Mr. Annunziato further told the Board that the Point Manalapan tract lies approximately an equal distance between N. W. 22nd Avenue and Hypoluxo Road on the east side of High. Ridge, and as proposed will form the land use break-point wherein industrialization will be limited from expanding northward. As he mentioned, Mr, Annunziato said the purpose of the requested zoning categories (PUD and PID) is to provide on-site, sufficient land use controls via planned districts to insure that the residential property to the north is carefully and adequately buffered. As he mentioned, Mr. Annunziato said this has been found by the County staff to be - 37- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 consistent with the Comprehensive Plan With respect to all of the remaining land in the area, ~the Palm Beach County Comprehensive Land Use Classification is Low to Medium Residential, which permits a density range of 3 to 8 dwell- lng units per acre. This was the point Mr~ Annunziato was trying to make earlier. He said there is .a potential for redevelopment of the High Ridge Ro'ad corridor, even in the Palm Beach County jurisdictions. Now that sewer and water is available, Mr. Annunziato commented that there is a fair chance that those properties will begin to redevelop at higher densities. Based on the information provided, the land use classifications of Industrial and Low Density Residential are appropriate, and the zoning classifications of Planned Industrial Development (PID) and Planned Unit Development (PUD) with Land Use Intensity of 5 are recommended, Mr. Annunziato told the Members of the Board. Concerning the Master Plans themselves, Mr. Annunziato asked the Members to note that there is one entrance to the Planned Industrial Development, that being off High Ridge Road. He said it would be .a standard 60 foot street, 24 feet of pavement because of its industrial use, with a 100 foot cul-de-sac. Mr. Annunziato continued .by saying drainage will be provided for both developments in a combined retention area. It will be a dry retention area, owing to the elevation of the properties, -It is located roughly to the center and at the ~eastern border of the properties. Mr. Annunziato said there is a cluster of multi-family units with recreational amenities lying between the PID and the single family subdivision area to the north. Mr. Annunziato informed the Members that the applicant has met the subdivision regulation requirements for receiving one-half credit for recreation and parks dedication purposes. The remainder will have to be turned into dollars in connection with the subdivision regulation based on the appraisal at the time of the-preliminary plat. Mr. Annunziato said the single family subdivision is a straight single family subdivision with 60 foot rights-of-way with four or five cul-de-sacs serving fingers off the main road. He said the project will be served with municipal sewer and water. The roads are proposed to be dedicated to the City of Boynton Beach. As he mentioned, Mr. Annunziato said drainage on site will be to a dry retention area which, in times of severe rain, will carry water but only for a limited period of time. Mr. Annunziato added that Point Manalapan owns no more property in this area. He said the appendage which extends to the north is proposed to be constrUcted as a jogging trail; it really-could not be developed fOr anything other than a use Qf that nature. Mr. Annunziato spoke about the requirements for traffic impact. If this were to be zoned in Palm Beach County, he said they would - 38 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 be subject to the County Comprehensiwe Plan traffic impact require- ments. The traffic statements show that this applicant would have to construct High Ridge Road south similar to South'Palm Beach Commerce Park, be responsible for turn lanes (that is, the entrance to his project), and also for turn lanes at Hypoluxo Road and signalization at Hypoluxo Road, Mr. AnnunziatO informed the Board. He said all of these items have been agreed to by the applicant as a part of his Petition for VolUntary Annexationl Mr. Linkous asked if that would include sidewalks. Mr. Annunziato replied that the applicant is proposing to construct a bike path adjacent to his property through the limits of his propert.y on High Ridge Road. The construction of High Ridge Road south, which will be assured by the-submission of a letter of~credit, will provide for the construction of a bike path along High Ridge Road from Miner Road south to N. W. 22nd Avenue, so all of the property in the City of Boynton Beach will be served by a bike path, Mr. Annunziato advised. Of course, he added, there will be sidewalks on the internal roads. Going from N. W. 22nd Avenue North to the. northernmost boundary, as it would be contiguous to Mr. Forrester's property, Mr. Linkous asked if it would not be the wider road. As Mr. Annunziato under- stood the question (Would the right-of-way be enhanced from this N. W. 22nd to the northern limits), the answer was "Yes". Mr. Annunziato advised that frOm N. W. 22nd to Miner Road, the proposal is that the property owners on,either side of the section line would dedicate 40 feet, providing for an'80 foot right-of-way, with a 24 foot paved roadway and an 8 foot bike path from Miner Road north to the northern limit of this propery. He said the eastern half of High Ridge Road would be dedicated with an additi6nal right-of-way dedication-of 15 feet to prOvide for a half section of 40 feet as a collector. As he mentioned, Mr. Annunziato advised that there will be turn lanes that will be constructed in connec- tion with the development. Without belaboring exactly what was done, Mr. Kenneth Groves, Point Manalap~n Development Corporation, thought everyone ~as aware f'rom th~cm~ny-comments that there has been an existing industrial corridor which commences at about N. ~W. 2nd Avenue west of the Seaboard Coastline Railroad in the City of Boynton Beach. It presently extends all ~he way to Miner Road, where Miner Road would be constructed west of 1-95. Mr. Groves referred to the comments by Mr. Hess concerning the annexation and rezoning several years ago, Mr. Groves said the problem that Mr. Hess. was referring to sits very close to the applicant's door step~ Mr. Groves informed everyone that their sole intent in developing the property is to provide a reasonable transition from the existing industrial development to the south of them through the residential area to the north of them. Of course, Mr. Groves said the area to the south of them is a manu- facturing district, and it allows for heights up to 45 feet. The Planned Industrial District that they are proposing would have no - 39 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 such manufacturing permitted, Mr. Groves told everyone, and they would restrict building heights to a maximum of 25 feet, which is approximately that of a two story house. Mr. Groves said the entire Planned Industrial Park would be buffered pursuant to the Planned Industrial Development regulations where it abuts the residential area for a residential street with a 40 foot green belt which, in essence, would enclose the visibility of the industrial park within the park itself, so it would permit no visual deterioration from any residential area. Specifically, with the uses which they are going to incorporate and with regard to the subject of traffic which Mr. Groves wanted to get into detail with, Mr. Groves advised that they have been attempting to cooperate with the people from High Ridge Road for some time now concerning restricting the industrial type of traffic traveling north on High Ridge Road to Hypoluxo Road. He said they have been attempting to do that directly with them, indirectly with them through the County, and they certainly will continue doing that regardless of some of the points that they are raising tonight. As they continue along through the Planned Unit Development (PUD), or if it is the PID, Mr..GroVes thought it was simply a continuation of the transition zone where they go from a multi-family area, where they have a considerable amount of open space (they have a large parking area which abuts the green belt of the Industrial Park), the sole purpose of which is simply to get them from the industrial and manufacturing district to the single family uses to the north of the property. After the multi-family area, Mr. Groves said you go into a single family area which then abuts the Lake Worth Christian School, and the development basically becomes then consistent with the uses of High Ridge Road. Mr. Groves noted that they indicated the predominance of develop- ment on High Ridge Road is acre lots and, to a degree, on the west side of the street that is very true. However, Mr. Groves said there are quite a few pockets where the density is likely to be considered in excess of that, particularly on the east side of the street where development has not occurred yet. Mr. Groves commented that there was a gentleman in the audience who may care to say something one way or the other, who owns one of those pieces of property. In his conversations with him, Mr. Groves did not think the man has ever contemplated developing his property into an acre~~ lot subdivision. On the subject of traffic, Mr. Groves thought everyone was aware there is an existing problem with traffic on High Ridge Road. As far as the width of the road right-of-way, M~r. Groves advised that it is presently paved 21 feet. The cross sectional standard for the roa~ if it were up to what is considered the collector's standard in both the City of Boynton Beach and the County, would be 24 feet, so Mr. Grove said they were talking of a difference of three feet or 1-1/2 feet on each side of the right-of-way. Although they are talking about something, Mr. Groves said it was - 40 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 not like they were talking about the difference between a two-lane and a four-lane road. As far as the traffic is concerned, Mr. Groves said they were will- ing, and have expressed that publicly and privately, to cooperate with the people of High Ridge Road in attempting to limit any traffic going up High Ridge Road toward Hypoluxo to residential or passenger car type traffic. Mr. Groves said they made a lot of comments concerning the fact that there is going to be increased traffic, and there certainly is, but Mr. Groves pointed out that there is going to be increased traffic whether there l~s an industrial development down there or whether there is not and whether they develop this piece of ground in the County or whether they develop it in the City of Boynton 'Beach. Mr. Groves~'thought'that'. Mr. Annunziato had adequatgly, addressed the fact that they submitted this to the County staff in detail. The County is in concurrance that it is in conformance with their Land Use Plan. The zoning, is consistent; the densities are-consistent; the Planned Industrial Development is consistent in that it abuts industrial uses to the south, railroads to the east, and provides a transitional zone, Mr. Groves informed everyone. Getting to the specifics of traffic and, in particular, the hiatus which they discussed, as he mentioned earlier, Mr. Groves said it is their attitude that the County Land Use Plan and this thorough- fare plan addresses High Ridge Road as being a collector to run from N. W. 22nd Avenue all the way north to Lantana Road. Mr. Groves frankly thought.that was what they had been working with, and they have designed their project in accordance with that. Mr. Groves stated that they felt that the County Commission's vote at one point and time to create a hiatus there was ill-conceived and, at the present time, was frankly illegal. Mr. Groves thought one point which has not been brought up was why that hiatus policy was originally considered. As far as the County was concerned, at the time Mr. Groves said they were hauling fill out of their property, which was a consider- able intensive truck use, and there was a conceived master plan by Lehigh Portland Cement to go in the industrial park to the south as a..pe~n~n~ .reg~la~fe&ture. HepointedoutT~that concrete trucks would be a regular feature coming up and down High Ridge Road, and that, to Mr. Groves' knoWledge,~was the predominant think- ing in putting the hiatus~there. Of course, Mr. Groves remarked, that use has since been eliminated and he did not see that the hiatus policy is really consistent with either PiD zoning or the County's zone plans. In the event a hiatus is placed somewhere along High Ridge Road, as he indicated earlier, Mr. GrOves said they are intent in having their property annexed into the'City of Boynton Beach. He thought their zoning was consistent both with County zoning and Boynton's zoning. Wherever a hiatus is placed, if one is placed, Mr. Groves did not see that affects either' their annexation MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 or their zoning because they are prepared to live with it wherever it may be if it ever goes in. Chairman Ryder informed Mr. Groves the Board had some letters with regard to complying with the requirements of the Technical Review Board. He asked Mr. Annunziato if there was anything they should get from Mr. Groves in the way of agreement with any of the comments. Chairman Ryder added, "And the traffic features too." Mr. Annunziato advised that the traffic features are adequately addressed with the Petition for Voluntary.Annexation. He said there were a number of staff comments which should probably be read into the record and the response to those comments by Mr. Groves in his letter to Mr.. Timothy P..Cannon, Assistant City Planner, dated August 3, 1982. Mr. Annunziato said he could read them into the record now. Chairman Ryder thought they could be noted as part of the material the Members have before them. A copy of Mr. Groves' letter to the Assistant City Planner dated August 3, 1982 is attached hereto and made a part hereof asPages 43, 44, & 45. The staff comments are as follows: Planning Dept ~: Utilities: Fire Dept.: Cavanaugh, Fire Inspector) See Memo attached hereto and made a part hereof as Pages 46 thru 50. See Memo attached hereto and made a part hereof as Page 51. "R~: High Ridge Conwaerce Park Water supply approved as shown. Fire hydrant location shall conform to City $kixiivision Ordinance, Section XVI." Reference: Cedar Ridge Estates As shown Fire Lines have too many dead ends. Oonsultation with Perry Cessna, Utilities Director, and this office should alleviate this problem. Fire hydrant location shall conform to City Sutxtivision Ordinance, . Section XVI." Urban Forester: Engineering Dept.: (Tom Clark, City Engineer) Asst. City Planner: (Tim Cannon)_ See Memo. attached hereto and made a part hereof as Page 52. "I do not b~ve any negative comments concerning the subject master plan. The co~,u~tment for off-'site road and traffic improvements appears to be appropriate based on the traffic survey. ~he drainage plans and calculations are cc~prehensive and show that flooding situations have been adequately addressed." "1. Need to show all existing utilities and easements on and adjacent to tract. 2. Need documents showing unified control; agreements with city for ccapletion of development according to plan and restrictive covenants with regard to same. 3. Need statement as to desirability of placing parking garages with sehback (30') along south boundary of P.U.D. 4. Need statements of coordination with utilities." - 42 - Sales Office in The Manalapan Club Hypoluxo Island Manalapan, Fla. P. O. Box 3198 Lantana, Fla. 33462 Telephone 585-2515 585-2516 August 3, 1982 Mr. Timothy:P. Cannon Assistant City P~anner City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 Re: Da!e__ ~ Time ' ',//, ,~. ___~._ Cedar Ridge Estates P.U.D. - High Ridge Commerce Park P.I.D. Dear Tim: In pursuance of your letter of July 29, 1982, my letter ~o you of the same date, and the discussions which took place at a meeting of the Boynton Beach Technical Review Board this.morning please consider the following items: 1. In regards to the remarks'from the Fire Inspector and the Director of Utilities,~I believe each of their concerns was fully addressed and resolved at the meeting this morning by the modification of the water and sewer plans to reflect the following changes: a. A six inch water main will be installed to connect the south leg of the multi-family water main to the eight inch water main presently shown as running through the center of the P.I.D. b. The north leg of the multi-family and ~ingle family water main shall be increased from six inches to eight inches. c. At the eastern ~ost or second from the eastern most cul-de-sac an easement shall be provided to permit the extension of the water main from the six inch leg to the fire hydrant in the cul-de-sac north to connect with a future water main to be constructed by the Lake Worth Christian' High School~ d. The gravity sewage collection system which is pr.esently shown running through the eastern portion of the multi- family area shall be modified such that man-holes shall be accessible from the north and south parking areas, linking a run not to ~xceed 400' with suitably lined ductile iron pipe together with a provision that we shall agree to hold the City of Boynton Beach harmless - 43- Point Manalapan Development Corporation Registered Real Estate Broker /2 Mr. Timothy P. Cannon City of Boynton Beach -2- August 3, 1982 in regard to damage that may occur during ~outine maintenance of the facilities. 2. With regards to the comments by Kevin Hallahan, Urban Forester, it appears to me that all his comments relate to those provisions which are specifically included in your ordinance 81-21, which I am sure you are aware is your Tree Preservation Ordinance. As I am aware of the existence of the ordinance and its appropriate regulations it is certainly our intent to comply with the ordinance at the appropriate time. ~ 3. In regards to the discussion concerning the marking of existing easements on the survey, as I indicated at the meeting this morning our principal problem stems from the fact that the existence of a Florida Power and Light Easement through the eastern 100 or so ~eet of the P.I.D. is not specifically designated in terms of its exact location in the easement document. Pursuant to the discussion this morning we agreed to locate the structures and facilities as laid out and in place on the survey to facilitate identification as well as pursue our original course of action which was and still is attempting to have Florida Power and Light appropriately identify the easement. I would hope to have this addition to the survey made at the earliest practical date. 4. In regards to your request concerning agreements with the City for-completion of the development according to the plan, restrictive covenants, and a Declaration of Condominium, please be advised that we are presently drawing up the necessary documents including Deed Restrictions for the single family residenti&l area and the planned industrial development, together with a Declaration of Condominium for the multi-family area all be tied together by a Property owners ~Agreement amongst the several parties. In drafting these documents we shall take ~cognizance of your request that all development to take place within the bounds of the P.U.D. and the P.I.D. shall be in conformance to and compliance with all appropriate ~odes of the City of Boynton Beach, together with the terms and conditions as agreed to between us and the City of Boynton Beach limiting the uses in both the P.U.D. and the P.I.D. As I indicated we are hopeful Of having these documents completed within the next several days and will 6ertainly forward them onto you as soon as they become available. /3 - 44- Mr. Timothy P. Cannon City of Boynton Beach August 3, 1982 5. In regards to the parking garages, it is our feeling that due to the requirement in the zoning code for a separation wall between an industrial and residential area, it seemed appropriate to get the greatest use out of this particular structure which we possibly could. As it is my understanding that parking would be permitted within the 30' set-back area it seemed appropriate to simply improve the parking area from uncovered parking to covered parking by simply constructing a covered facility utilizing the 6' buffering wall as a partial foundational structure. We recognize that this is not in conformance with the existing City codes concerning this item, but certainly solicit your favorable consideration of our request. 6. In regards to statements of coordination with utilities, please be advised that we have forwarded our site plan to Florida Power and Light, Southern Bell Telephone, and Group W Cable TV. Todate we have not received any word from those companies concerning their requirements for easements but certainly in~end to fully cooperate as ~S appropriate in this matter. I trust this adequately res~pnds to those items covered in your letter of July 29, 1982 with its enclosures, my response letter to you, and the items discussed by the Technical Review Board at this mornings meeting, but should you envision any additional problems I would appreciate your contacting me at your earliest convenience. Sincerely yours, Kenneth L. ~roves cc: Donald M. shspherd ~Earle Megathlin William J. Hyland Winston Lee KLG: grb - 45- MEMORANDUM Chaz'rman and Members, Plan. ning .and Zoning Board Carmen S. Annunziato City Planner July 16, 1982 Application for Annexation, Land Use Amendment and Rezon- lng/Point Manalapan CorporatJ and William E. Benjamin,II Introduction The Point Manalapan Corporation and William E. Benjamin,II (Point Manalapan) are proposing to annex into Boynton Beach 'a 65.8 acre tract of land located in the northeast corner of Miner Road extended and High Ridge Road (See Exhibit 'A')e The property is currently undeveloped and zoned RS (Single Family Residential) in Palm Beach County. Also, accompanying this request are legal des- criptions prepared by the City Staff which provide for the annex- ation of intervening rights-of-way. In connection with this request for annexation, the owners are proposing that the land be :zoned both Planned Unit Development (PUD) and Planned'Industrial Development (PID). The PUD. proposed provides for the construction of 197 units (45 single- family detached and 152 multi-family) -on 40.8 acres. This develop- ment equates with a Land Use Intensity (LUI) of 5 and a gross density of 4.83 units per acre. The'PID consists of 20 industrial lots plus'required buffers on 25 acres of land. Both developments are to be served with public utilities and streets. Procedure These applications for annexation, amendment.'to the future land use element of the Comprehensive Plan and rezoning are being processed consistent with state statutes and.Boynton Beach codes, ordinances.and reso'lutidnS as follows: 1. F.S. 163.3161: Local Government Comprehensive Planning' Act; 2. F.S. 166.041: Procedures for Adoption of Ordinances and Resolutions; 3: F.S. 171.011: Municipal Annexation or Con- traction Act; 4. Boynton Beach Code of Ordinances, Appendix A, Section 3A5(e): Boundary and Zoning; 5. Boynton Beach OrdiHance #79-24: Adopting the Boynton Beach Comprehensive Plan; and, 6. Boynton Beach Resolution #76-X: Procedures for Annexation. MEMORANDUM Chairman and Members, Planning -and Zoning Board Carmen S. Annunziato City. Planner July 16, 1982 Application for Annexation Land-Use Amendment and Rezon- ing/Poin~Manalapan Corpora%ioI and William E. Benjamin,II - 2 - These procedures have bee~ tabulated'for informational purposes and'for ease of processing as noted in the attached annexation timetable(See Exhibit 'B'). Paraphrasinq the timetable, these requests require review by the City Department Heads, newspaper advertisements, public hearings with the Planning and Zoning Board and the City CoUncil and Council adoption of ordinances to annex, amend the future land use element and rezone. Also included isa consistency review by'the Board of County Commissioners. These procedures take approximately three months to complete. Current Land Use and Zoning '.The property which is the subject of this annexation request is currently undeveloped and it is zoned RS (Single Family Residential) in Palm Beach County. The land use and zoning of the surrounding.land varies and is presented for your information in the following' table: Direction Jurisdiction Zoning Land Usg. ... north Palm Beach County RS Lake Worth Christian School east Palm Beach County NA Seaboard Airline Railroad ~outh Boynton Beach M-1 southwest Palm Beach County RS 1 Rollyson Warehouse 2 Florida Pneumatic 3 vacant/undeveloped vacant/undeveloped west Palm Beach County estate single-fami ~orthwest Palm Beach County - 47 - single-family de- tached. MEMORANDUM Chairman and Members, Planning .and _Zoning Board Carmen S. Annunziato City Planner July i6t 1982 Application for Annexation, Land Use Amendment. and Rezon- ing/Point Manalapan Corporation and William E. Benjamin,II. Future Land Use and Zoning ~igh Ridge Road is an area in transition so far as development is concerned. There are many items which cause an area to change, but the primary causes of change in the High Ridge Road corridor are availability of sewer and water facilities~ loca- tion with respect to 1-95, the proposed extension of High Ridge Road southward to N.W. 22nd Avenue and the industrialization, of the surround- ing area. The Point Manalapan ~ract lies approximately equidistant between N.W. 22nd Avenue and Hypoluxo Road.on the east side of High Ridge, land as proposed will form the land use break point wherein .~ industrialization will be limited from expanding northward, f In fact, the purpose of the requested zoning ca.tagories (PUD and PID) is to p~ovide on-site, sufficient land use controls via the planned dis- tricts to insure that the residential property to the north is care- fully and adequately buffered from the straight industrial zoned lands to the south. This combination of planned zoning districts is con- sistent in concept with the Palm Beach County Comprehensive Plan Policies and thus is consistent with the.po.licies of Boynton Beach. With respect to all of the remaininq land in the area~ the Palm Beach County Comprehensive Plan Future Land Use Classifcation is Low to Medium Residential which permits a density range of 3 to 8 dwelling units per acre based on availability of infrastructure capacity. There is no. doubt that now that sewer and water facilities are available and with the proposed extension of High Ridge Road south- ward to N.W. 22nd Avenue, the lands in'the-High Ridge R~ad-corrid~r will redevelop .at a higher density. Based on the information provided above,'land use classifi- cations of Industrial and Low Density residential are appropriate and zoning classifications of Planned Industrial Development and Planned Unit Development with Land Use Intensity = 5 are recommended. Comprehensive Plan Policies There are three policies in the Comprehensive Plan which address annexations as follows: - 48- MEMORANDUM Chairman and Members, Planning and Zoning Board Carmen S. Annunziato City Planner July 16, 1982 Application for ~Annexation, Land Use Amendment and Rezon- ing/Poin~ Manalapan Corporation and ~illiam E. Benjamin~ II - 4 - "Annex only property which is reasonably con- tiguous to present municipal boundaries;" "Annex property only after the preparation of a study evaluating the fiscal benefits of annexa- tion versus the cost of providing service;" and, "Annex only properties which are of sufficient size to provide efficient service and on which urban development is anticipated." In order to determine the consistency of the Point Manalapan annexation request with the Comprehensive Plan policies, each of the three policies will be addressed individually. Policy 1 "Annex only property which is reasonably contiguous to present municipal boundaries." The Point Manalapan propertY ~s contiguous on its entire southern boundary (approximately 1450 feet) With present Corporate limits and on its eastern boundary when taking into consideration intervening-rights-of-way'for a distance of approximately 2600 feet. Policy 2 "Annex property only after the preparation of a study evaluating the fiscal benefits of annexation versus the cost of providing services." In response to Policy 2, you will find accompanying this memorandum Exhibit 'C' which compares projected ad valorem taxes with required expenditures. Policy 3 "Annex only properties which are of sufficient size to provide efficient service and on which urban development is anticipated." As previously stated~ the Point Manalapan tract is approx- imately 65.8 acres in size, and because of the availability of public utilities and projected road improvementt will soon exper- ience urban type development. Based on the findings of fact noted in the discussion of the policies as applied to this annexation, it is apparent that the Point Manalapan request is consistent with the Boynton Beach Com- prehensive Plan policies concerning annexation.~ .............. - 49 - MEMORANDUM Chairman and Members, Planning and Zoning Board Carmen S. Annunziato City Planner .July 16~ 1982 Application for Annexation, Land Use Amendment and Rezon- ing/Point Manalapan Corporatio~ and William E. Benjamin, II - 5 - Recommendation. The Planning Department recommends that the applications submitted by William Benjamin and the Point Manalapan Corporation for annexation and future.land use amendment be approved as re- quested and that the rezonings requested be approved subject to .the staff comments which accompany this memorandum as Exhibit 'D'o These recommendations'are based on the following: CSA:mpc 1. the parcel is contiguous to the corporate limits; 2. the parcel is in the path of urban development; 3. the request is consistent' with the Comprehensive Plan policies for annexation; 4. the land use and zoning catagories requested are Consistent with'the land use plans and policies of both Palm Beach County and Boynton BeaCh; 5o' the requested annexation and zoning will not impare · the surrounding properties in a manner that will hibi't future development; and, 6: the cost/benefit analysis of this request indicates that the impact of this proposal on municipal staff and programs will be substantial but that the taxes realized will off-set the projected municipal expenses. Carmen S. Annunziato City Planner - 50 - TO: RE: M.E M 0 R A N D U M Mr. Carmen Annunziato, City Planner July 26, 1982 Cedar Ridge Estates, P.U.D. and High Ridge Congress Pk.P.I.D. Following are my comments: The water layout in the PUD is such that you have numerous dead end lines which by consultation at this office, with the engineer, could resolve these problems. The-sewerage collection system with a gravity line running approximately 800' in-between buildings and in grassed and landscaped recreation areas will present a very serious maintenance problem for the City. The reason being that to get sewer cleaning equipment into this area, would be almost impossible unless there was an actual road built through this area and I do not believe the planners would consider such an intrusion on the open area. Again, this requires some discussion with the engineers to re- solve the problems inherent in their design. We are returning the set of plans with this memo. apt Attachments: "set of plans" Perry A. Cessna, Director of Ut~ities Time - 51- MEMORANDUM- Carmen Annunziato City Planner Kevin Hallahan Urban Forester June 24, 1982 FILE ~,.j~ Point Manalapan property I have inspected the tract of land designated above, making note of the area which was once a Mango orchard. The Trees, planted at a fourteen foot (14') by fourteen foot (14') spacing, are in healthy condition, but not producing any fruit at this time. It appears that this orchard has not been managed for'quite a~few.-years. In accordance with the Tree Preservation ordinance (#81-21) the developer should be aware of his responsibilities in the following: section 7-A-5: obtain a tree permit from the building department, section 7-A-7d: provide a tree survey of the Mango area, section 7-A-12,13: work to remove as few trees as possbible and replace all trees which have to be removed as part of the con- struction of roads and structures. If you have any~additional questions or need more information, let me know. I 'will 'also work with the developer in preserving the trees where possible. ~~~ ~~/~/~_~ KH;mpc ' I Kevin Hallahan ~ Urban Forester - 52 - AUGUST 10, 1982 MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA Chairman Ryder asked if anyone else wished to speak in favor of the proposed application. Chairman Ryder said the oppositioh would be considered. He requested them to please be brief. A woman in the audience remarked, "You gave that other gentleman plenty of time." Chairman Ryder thought the opposition was being allowed plenty of opportunity to speak. He asked them to bear in mind that they are not taxpayers or residents of Boynton Beach and to pleasekeepthat in mind. With reference to the bible of the County's plan which was enacted after this "sin" occurred back in 1972, Mr. John~ Hess,. 7075 High Ridge Road, asked the Members to bear that in mind. He went to the map. Under the PID zoning regulations, Mr. Hess said the 20 parcels of land Which~are possibly going to be annexed into the City of Boynton Beach are permitted under that regulation 17,000 square feet per parcel. It is a total of 340,000 square feet of buildings. Mr. Hess asked the Members to hear in mind that 1/3rd the size of the Palm Beach Mall and said that is what you are going to have go up and.down High Ridge Road. M~ Hess asked Mr. Groves about seven or eight weeks ago about a compromise situation Mr. Groves could live with, the City could live~with, and the people on High Ridge Road could live with. Mr. Hess noted that no one has mentioned that, and Mr. Groves has not come back to him as far as his suggestion. Mr. Hess told the Board it'would be a solution for everyone, To go ahead and let Mr. Groves take his annexation and go ahead,-the people would have no problems, Mr. Hess advised. He said they think it is wonderful. Mr. Hess informed the Members of the Board that the property owners thought the development would not only enhance their~ property but it is a wonderful situation. He continued by saying, "This does bother us and obviously the traffic coming from the south bothers us a lot." Mr. Hess pointed to the plan ~and said, "Either take this portion and take this little cul-de-sac and bring it down and have all this industrial traffic go south and pass the hiatus. We can live with that," Chairman Ryder did not.understand what Mr. Hess wanted. Mr. Hess said the plan was turned upside down. He showed the part bordering the industrial park, which was 'created in 1972. He said the City wants access and egress for~a~l Boy~t~'n-'residen~s~into~an industrial park~easy'for the Boynton people, the fire protection and police protection. Mr. Hess emphasized that they do want the hiatus to stop the situatiOn that the City developed back then. He'acknowledged that the Members themselves were not responsible but said their predecessors were responsible. Mr. Hess suggested to Mr. Groves that he take the cul-de-sac and create a road going past the hiatus and direct all of his traffic of the industrial complex that he wants to build to the south. Mr. Hess said they accept the residential area as far - 53 - ~INUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 as traffic. Mr. Hess commented, "It would be great." Mr. Hess, speaking for the South High Ridge Road Property Owners Association, asked the Members of the Planning and'Zoning Board to go ahead and support the hiatus idea. He told the Members it would solve their problem, it would solue Mr. Groves' problem, and it would solve the Property Owners' problem. He noted that Chairman Ryder objected, as far as the safety situation of getting'to the City's residential taxpayers. Mr. Hess said this would solve the whole thing right away. Mr. Hess said~the Board could only accept this idea if'they s~pport the hiatus and ask Mr. Groves'to go~ahead and attach it. Mr. Hess wanted Mr. Groves to go down to a point he designated on the plan, past the hiatus. To take the industrial trafficsDu~, Mr. GroveS pointed~out that the City could get to the industrial area both from the south and also from the west~because Miner Road has been dedicated. Naturally, Mr. Groves said the City would come from the south, as it would be easier for them. He said the emergency equipment would come up 22nd Street and right over to it; the police force wOuld get to it very quickly. Chairman Ryder asked Mr, Annunziato if he saw hOw that goes through. Mr. Annunziato thought the issue of connecting a road with the cul-de-sac is not really the concept Mr. Hess is talking about. Mr. Annunziato thought Mr. HeSs was talking about creating some sort of hiatus between the PID and the PUD'on High Ridge Road. Mr. Hess agreed that was correct. "In other words, Mr. Hess continued, do this. Have all of your PID people come from the south." Chairman Ryder asked, "Wouldn't they come any way." Mr. Hess exclaimed, "No. They won't come any way! Of course they won't." Chairman Ryder questioned, "Why won't they, if we open up -" "If the road is opened up, it will protect the force of least resistance,". Mr.~'iHess replied. He said if they are coming from the north, they are going to come down High Ridge Road. With 700 cars coming down to park there plus the induStrial traffic, Mr. Hess told~Members of the Bioard they were taking down the least resistance. Mr. Hess continued by telling the Members, "You take this thing from the south. You hiatus it. You have to go ahead~and put a road in here to connect this road of 3/10ths of a mile. That's all you're going to need. We're one mile of residential. 3/10ths of a mile to 22nd Street is all he needs, and just have industrial traffic on the south, which will give your immediate access and quickest access. Probably the most used access will be from the south, not the north." Mr. Hess implored the Board to reinforce the County Commission's vote in 1972 and also 1982, as of June 29~th, as far as agreeing to solving a terrible thing that happened. Chairman Ryder asked Mr. Groves what he had to say about that. - 54 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Mr. Kenneth L. Groves, ~oint Manalapan Development Corporation, guessed he did not make himself clear when Mr. Hess made this suggestion some time ago, as he said it frankly was impractical for two reasons. One reason was that Mr. Hess is considering the fact that somebody is going to construct Miner Road between the Seaboard Railroad and High Ridge Road and that, frankly, is not going to happen unless Mr. Groves builds it. Mr. Groves said it simply makes no economic sense to build a $300,000 road when he has one that is perfectly good serving the site right noW. The second problem with Mr. Hess' concept is, of course, that Mr. Groves was proposing that the residents of the PUD would be residents of .the City of Boynton Beach also. Using Mr. Hess' particular concept, Mr. Groves said the. City again would have the problem of getting additional services to.property within the City of Boynton Beach by having to go around Seacrest, Hypoluxo Road, and south on High Ridge Road. Mr. Groves thought the concept of attempting to create a hiatus between industrial and residential for the sake of limiting traffic is certainly a decision which a Judge should make. Some- thing Mr. Hess apparently is unaware of, Mr. Groves pointed out, is that the County Commission on June 29th voted to reconsider its original decision to create a hiatus there, at~Mr. Groves' request. To date, Mr. Groves said they hawe not affirmed or denied what they have done during workshop meetings sometime before then. As he said, as far as his zoning discussions are concerned, as far as his annexation discussions are concerned, Mr. Groves informed the Members that they were desirous of being annexed into the City of Boynton Beach and he thought their Zoning was consistent with Boynton Beach or the County, whichever area it goes into. Mr. Groves thought the High Ridge Road question was something whiCh is yet to be answered and when the powers to be answer that question, Mr. Groves said in their traffic impact statement they have indicated considering it two ways. One way is with the hiatus and one is without. Mr. Groves said they are prepared to live with a hiatus or without a hiatus. When that decision is made, Mr. Groves thought that would be the appropriate time to consider whether or not their plan is suitable in considera- tion of the fact that there will or will not be a hiatus. THE PUBLIC HEARING WAS CLOSED. Chairman Ryder advised that there are other PIDs in the City, and a large one is finally getting under way. He said they had hear- ings on that, and it is adjacent to a residential are. a.. As he said before, Chairman Ryder reiterated that there is no resemblance to what you can do in an M-1 district, which is what is there now. Chairman Ryder informed everyone that the other PID he referred to was finally accepted by the people in the area. Chairman Ryder felt the Members of the Board had to be concerned with what is good for Boynton Beach. Mrs. Bond made a motion that the Land Use Amendment and Rezoning request of William E. Benjamin, II and Point Manalapan Development - 55 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Corporation be granted, subject to staff comments and the corres- ponding letter of Kenneth L. Groves, Vice President, Point Manalapan DevelOpment Corporation, addressed to Carmen Annunziato, City Planner, under date of July 16, 1982. About 22 or 23 years ago, Mr. Linkous looked at that area and he could not afford it, which is why he is not living there today. He commented that the Members' sole responsibility is to the City of Boynton Beach. For that reason, he seconded the motion. A vote was taken on the motion, and the .motion carried 6-0. PUBLIC HEARINGS: 7:30. P. M. VARIANCE REQUEST Project Name: Agent: Owner: Location: Description: St. Andrews Club Robert D. Chapin St. Andrews Club 4475 No. Ocean Blvd., Boynton Beach Variance from Sections 5-141 La), (d~, (f), (g) (6) (h) (1)~, Section 5~141 (k), S~Ction 5-143 (n) of the Parking Lot Ordinance AND SITE PLAN APPROVAL Project Name: Agent, Owner, and Location: Description: St. Andrews Club Same as above Additions to Clubhouse and Kitchen, and request for joint allocation o'f required parking Tim Cannon, Assistant City Planner, asked the Members to notice there is also a site plan modification to the St. Andrews Club on their agenda (besides the variance request, which was for Public Hearing). He said he would discuss the modification to the site plan and the variance'request simultaneously. Mr. Cannon said this was a minor modifiCation to the previously approved site plan of St. Andrews Club. What they are doing, Mr. Cannon informed the Board, is making two small additions. One addition is a 726 square foot addition to the golf ho~se on the west side of the development and then a 132 square foot addition to the club house on the east side of the development. Mr. Cannon advised that the applicant is also requesting joint allocation of 24 parking spaces between the parking space require- ment for the multi-family dwelling unit.and the parking space requirement for the club house. Mr. Cannon said the new Offstreet Parking Ordinance allows for joint allocation where it seems that there is some form of lack of demand. - 56 - 'MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Mr. Cannon further informed the Board that the. applicant is also requesting a variance to seven sections of the Parking Lot ConstructiOn Regulations.~ He said he would discuss them after he discussed the site plan modifications. There was only one comment concerning the site plan modification. That was from the Planning Department, and that Concerned the paving of the shellrock parking spaces on the west side of the development. Mr. Cannon said these' are employees' parking spaces. He read as follows~ City Planner: "The 15 sPaces designated as 'e~ployee parking' on the west side of A1A near ~le maintenance shed should be paved. Design and construction of this parking area should be consistent with design and construction of parking lots on the rest of the site." Also, with regard to the site plan approval, Mr. Cannon said they were requesting that they be able to retain the existing number of parking spaces. Under the parking requirements, Mr. Cannon advLsed that the applicant would need 272 parking spaces for the condominium units and 120 for the clubhouse, which gives a total of 392 required parking spaces. The number of existing paved parking spaces is 342, and in addition, there are 26 shellrock parking spaces which the Technical Review Board recommends be paved as part of the site plan approval. This would give a total of 368 parking spaces provided. Based on the information provided by the applicant and the fact that there have been no parking overspills onto landscaped areas or adjoining rights-of-ways, Mr. Cannon said the Technical Review Board found that the request is reasonable. The Technical Review Board recommended to the Board that the joint allocation of 24 parking spaces between the parking requirement for the clubhouse and the parking requirement for the condominium units be approved. Chairman Ryder asked if the site plan was not a subject of another matter. Mr. Cannon answered that since the parking lot variances are in conjunction with the site plan, he was going to discuss both of them. Mr. Cannon said he would get to the variances but wished to go through the site plan first. Basically since so many people at this development can walk to the clubhouse, Mr. iCannon said the Planning Department did not feel there was any need for the full requirement of the spaces at the clubhouse to be met here. Going on to the parking lot variances which they requested, Mr. Cannon said they are requesting seven variances. He read the Planning Department's recommendations with respect to that. A copy of the Memorandum from Timothy P. Cannon, Assistant City Planner, to the Planning and Zoning Board, dated July 28, 1982, follows and is incorporated into these minutes - 57 - Chairman and Members Planning~and Zoning Board Timothy P. Cannon Asst. City Planner MEMORANDUM D^TE July 28, 1982 St. Andrews Club Parking Lot Variance Requests On July 27, 1982, the Technical Review Board met and discussed the seven Variance requests made by the applicant to the Parking Lot Regulations ~hese variance requests are detailed in the attached application. Consistent with Section 5-144 (c) (4) the Technical Review Board forwards the following recommendations: Sec. 5-141 (a) Lighting. Since a security gate, guards, and valet parking are provided, it is not necessary for parking lot lighting, as required by the ordinance, to be provided. It is recommended that the variance, as requested, be approved. Sec. 5-141 (d) Curbs and car stops. The code requires curbing along all-landscaped areas, whereas applicant is requesting that curbs not be required along driveways. Since traffic levels are fairly light, and since there has not'been any damage to lawns or landscaping, it does not appear that curbing along driveways is warranted. It is recommended that the variance, as requested, be approved. Sec. 5-141 (f) Parking lot construction. Applicant requests that existing unpaved parking areas be allowed to continue as such. Sodded overflow parking ink,he vicinity of the club- house is not used, however, the-~~-~ shellrock parking spaces near the maintenance shed (on the west side of A1A) are used regularly by employees. It is recommended that this variance request be granted as,it applies to the sodded over- flow parking, b~t/~.at .%he variance request be denied as it applies to the~~y~s~-~shellrock employee parking spaces. Applicant should be required to pave these parking spaces consistent with the design and construction of existing park- ing lots on the rest of the site. Sec. 5-141 (g) Driveway (6). This is a requirement in the Code for a 100-foot storage lane for driveways leading into major developments. This requirement is intended for large shopping centers and other major traffic generators where turning traffic might back up onto an arterial, street. Since the St. Andrews Club does not generate enough traffic to warrant a storage lane, it is recommended that the variance, as requested, be granted. - 1 - - 58 - M. EMORAN DUM Chairman and Members Planning~and Zoning Board Timothy P. Cannon Asst. City Planner ~,,~-~ July 28, 1982 St. Andrews Club Parking Lot Variance Requests - 2 - Sec. 5-141(h) Parking lot layout (1) (parking lot aisle dimensions). In several places in the parking lot on the west side of A1A the width of the aisle does. not meet the code. The width of the aisle is anywhere from three to five feet less than that required by the code. Since the club provides valet parking, and since traffic in the parking lot is fairly light, it does not appear that the benefits from redimensioning the parking lot would jus- tify the costs to the applicant. It is recommended that the variance, as requested, be approved. Sec. 5-141 (k) Parking lot striping~ The code requires double striping between parking stalls, while the existing parking lot is single-striped. Because the ~idth of the parking stalls ex- ceeds the requirements of the Code (10 ft. width as opposed to the -9 ft. required), it does not appear that the benefits from double striping parking spaces would justify the cost to the applicant. It is recommended that the variance, as requested, be approved. Sec. 5-143 (n) Calculations and details of the drainage system. Grading of the site and the drainage system have been previously approved, and the existing drainage does not appear to cause problems on adjacent property or rights-of-way. CQnsequently, there is no need for drainage calculations or drainage system details. It is recommended that the variance, as requested, be Dpproved. TPC:mpc Timb th~P .' Cannon Asst. City Planner - 59 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 AS to Sec. 5-141 (d) Curbs and car stops, Mr. Cannon said there was some question as to whether the interpretation of that Section means that you have to have curbing along the driveways. However, Mr. Cannon said the Planning Department found that since traffic levels are fairly light and there has not been any damage along the land- scaping, it does not appear that curbing along the driveways is warranted Mr. Robert D. Chapin, P. O. Drawer N, 1201 N. E. 8th Street, Delray Beach, Florida 33444, Agent for the Applicant, had no comments. Chairman Ryder informed him that they only had a "no no" on paving the shellrock parking. Mr. Chapin advised that they would do that. He said they have a proposal; they have gone to Hardrives & Carr. Mr. Chapin said they can pave 15 of those, and he had the sketch for them. Mr. Annunziato told Chairman Ryder, in reply to his request for comments, that it was recommended that several of the variances be approved and one not be approved, and that is paving of the main- tenance area of the parking area. "Subject to that, we are happy to go into a contract re deVelopment," Mr. Chapin advised. Chairman Ryder informed Mr. Linkous that they were dealing with the variances from the Parking Lot Ordinance. He said they would get back to the joint parking. Mr, Annunziato reminded Chairman Ryder that this was an advertised public hearing. Chairman Ryder asked if anyone wished to speak in favor of the Variance Request. There was no response. He .asked if anyone wished to speak in opposition to the Variance Request, and there was no response. THE PUBLIC HEARING WAS CLOSED. Mrs. Bond questioned the fact that they had mentioned about putting 26 shellrock but Mr. Chapin said 15. She asked Mr. Chapin if she misunderstood him. Mr. Chapin advised that the .architect's plan showed 26. The contractor went out and can pave 15. He said the remaining nine are not used for parking; they are jus~ used for storage. They have not been used for parking for some time. When Tim Cannon, Assistant City Pianner, went out there, it was just a shellrock area. He did not count the spaces. Mr. Annunziato asked if they had already indicated that there were 26 parking stalls there. Mr. Annunziato explained, "You wanted us to count 26 there. We're saying that those 26 parking stalls were added into the numerical calculations for parking, not 15." That was why Mr. Chapin wanted to bring a slight discrepancy to the Board's attention. Mr. Chapin told the Board that their architect has always indicated that they have 26 spaces there. In fact, Mr. Chapin pointed out that 26 are not used. In fact, when they asked for bids to pave it, Mr. Chapin said they could pave 15 comfortably with a ten foot width. - 60~ - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Mr. Chapin said he was being very open with the Board, telling them that, because he did not want any misconception'. Chairman Ryder asked, '!What happens to the rest of it then?" Mr. Annunziato answered that it presented a problem because now they are short eleven parking stalls in the overall parking indication of St. Andrews Club. Chairman Ryder asked if it was included in the other matter that the Board has. He asked Mr. Annunziato if joint alloca- tion was a factor. In many parts of the Club witbl00 per s~are foot, according to Bert Keehr, Deputy Building Official, BUilding Department, City of Boynton Beach, they should not be counted, Mr. Chapin told the Board. He said Bert Keehr came up with a lesser number than that gross number. Mr. Annunziato did not want to comment because he was not familiar with the specifics of that. He said the allocation of parking and that which they were working on; .and they have worked on, with respect to the applicant's request for variances accounted for so many parking stalls, so many paved and so many un- paved, the joint allocation, etc. Here, they were talking about the difference of 11. Mr. Chapin interrupted to say that if they could change to 26, ,they would be glad to do it, but they could not pave 26 because there are not 26 there to pave. Mr. Cannon advised that the number for joint allocation would have to go'from 24 to 35. He s~id~in the motion put through; the humbler would ~ave to be changed. Mr. Chapin said ~hat was in connection with the site plan approval. What Mr. Annunziato said the applicant was asking was to modify on the site plan approval application the request from 24 to 35 parking spaces. Mr. Annunziato_referredto the Site Plan Approval Application. He did not think it impacted on the overall development. Mr. Cannon talked to both the Police Department and th~ Building Department and it seemed that whatever number of parking spaces they have there now is adequate. Mr. Annunziato referred to the Memorandum dated July 30, 1982, addressed to the Board, from Tim Cannon, Assistant City Planner. In connection .with the request for site plan approval, Mr. Annunziato said the applicant is requesting joint allocation of parking. He said what the applicant is asking is that the joint allocation, owing to the fact that there really are 26 spaces there (but there are only 15) be expanded f~om 24 to 35. Mr. Linkous determined that was the joint allocStion. Mr. Annunziato said the number of existing paved parking spaces will remain the same. A copy of said Memorandum follows as page 62 of these Minutes. Mr. Annunziato did not know if the Board wished the Planning Department t° refer this back to the Technical Review Board. He said the Planning Department did not think it was a problem expand- ing the join~ allocation by eleven parking spaces. MEMORANDUM Chairman and Members Planning-and Zoning Board .Timothy P. Cannon Asst. City Rlanner July 30, 1982 Joint Allocation of Parking'Spaces for St. Andrews Club Site Plan Request for Joint Allocation of Parking Spaces The applicant is requesting that the Planning and Zoning ~ecommend that the request for a joint allocation of ~ ~'~--~4-~.parking spaces to be approved by the City Council (see accompanying affidavit from Peter J. Haslinger dated July 16,1982), This request for joint allocation of parking spaces is permiss- able consistent with Appendix A, Section H (13) of the Code of Ordinance. The number of parking spaces required in the code is 272 for the condominium-units (2 Per unit) plus 120 for the clubhouse (1 per 100 sq.ft.). This gives a total of 392 re- quired parking spaces. 'The number of existing paved parking spaces is 342. In addition, there are ~6/~hellrock parking spaces, which the Technical Review Board recommendends be paved as part of this site plan approval. This would give a total of 368 parking spaces provided. Based on the information provided by'the applicant, and the fact that there have been no parking overspills onto landscaped areas or adjoining rights-of-way, the TRB finds that the request .is reasonable. The ~B recommends to the Board that the joint allocation of ~2~ ~arking spaces between the parking requirement for the clubhouse and the parking requirement for the condominium units be approved. TPC: mpc Timo~ P. Cannon -- Asst. City Planner CC: City Manager TRB Members Central File w/o attmts. - 62 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Mr. Annunziato next referred to the staff comment from the City Planner stating that 26 spaces designated as employee parking be paved. He corrected the 26 to read 15 spaces, so the corrected comment should read as follows: ST. ANDR~4S CLUB MODIFIED SITE PLAN City Planner: "The 15 spaces designated as 'employee parking' on the west s---ide of A1A near the maintenance shed should be paved. Design and construction of this parking area should be ~onsistent with design and construction of parking lots on rest of the site." Mr. Annunziato'then corrected the Memorandum from Mr. Cannon, addressed to the Board under date of July 28 as shown on said Memorandum attached to these Minutes as page 58. Chairman Ryder thanked Mrs. Bond for calling this matter to the Board's attention. Mr. Wandelt moved to approve the requested variances, seconded by Mrs. Bond, with the exception of the request to not pave the 15 parking stalls on the west side of A1A. The motion carried 6-0. Mr. Wandelt moved to accept the modified site plan of St. Andrews Club, subject to staff comments. The motion was seconded by Mr. Zive and carried 6-0. Mr. Annunziato thought the Board should make a recommendation to the City Council that the joint allocation should be considered by them. He thought the Board would have to specifically address the issue of joint allocation of parking. Mr. Annunziato understood they were asking for the joint allocation of 35 parking stalls. Mr. Wandelt moved that the City Council consider the issue of joint allocation of parking (as mentioned above), seconded by Mr. Zive. The motion carried 6-0. SUBDIVISIONS Master Plan Modification Project Name: Agent: Owner: Location: Description: Meadows "300" Julian T. Bryan, III C & H Properties Congress Ave. between Hypoluxo Rd. LW~D - L-20 Canal Change in mix of dwelling unit types and increase in park area Tim Cannon, Assistant City Planner, informed the Board that this is a Master Plan revision submitted by C&H Properties Co. for the Meadows "300" PUD. The developer asked the Council to make a find- - 63- MINUTES - PLANNING A/~D ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 ing that this is a minor modification to the PUD Master Plan. The City Council made such a finding and referred it to the Planning and Zoning Board for approval. The developer is requesting three changes to the previously approved Master Plan. First of all, the developer is changing the housing mix in order to make a more profitable housing package, Mr. Cannon continued. Mr~ Cannon said there a~e three ~ things> They are increasing the number of garden apartments by 256, and they are making an equal reduction in the number of townhouses by 206 and a redUction in the number of clustered dwelling units by 50, so the overall number of dwelling units Will stay the same, Mr. Cannon informed the Members of the Board. ~" In order to do this, Mr. Cannon said the developer is combining t~he former Tracts N and 0 into one Tract N, which will all be garden apartments now. They are also combining former Tracts G and H into .garden apartments, and there will only be one big Tract H now. Mr. Cannon showed Where they would move a'.'.road down and shift all of the dWelling units ~u~~ into one big Tract H. Mr. Cannon also informed the Board that the developer is opening up an additional park, which will be a private park for the subdivision. Mr. Cannon said there will be two parks, one on either side of the entrance road. Mr. Cannon advised that the Technical Review Board had no comment concerning this~.major plan change, as they fei~-it was a minor modification. Mr. Julian T. Bryan, III, Agent for ChH Properties Co., P. O. Box 15468, West Palm Beach, Florida, found it difficult to add any- thing to what Mr. Cannon already said, as he expressed it very adequately. Mr. Bryan added that Tracts N and O, which Mr. Cannon delineated, which are on the south finger lake that runs east and west, was originally as two land uses because they felt that they needed a transition to Tract M. He pointed it out on the plan. Mr. Bryan explained that previOusly Tract N was a parcel of about 50 low density clUster units, Detached was a single family condominium. Mr. Bryan showed the location they were in, and said they were in that location because the developer felt they felt they were an apprOpriate transition to Tract M. The last Land Use Plan Amendment they made was to provide for two private homeowner associations' park and recreation facilities. Mr. Bryan indicated where one was and where one had been. Of course, Mr. Bryan added, that provides a very proper and adequate buffer to the low density residential. Mr. Bryan said they had also begun to notice in the housing market, and he was sure that Members of the Board had observed the same thing, that attached, low density products seems to be a very desirable thing in the community from the point of view of land development and the economies of the construction of dwelling units, common open space, maintenance considerations, and the like. Even though they are calling these garden apartments and Mr. Cannon - 64 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 properly described the change in the number of units, Mr. Bryan advised that these would remain as two story units. He said they would be pleased to represent to the Board that that would be the case. Mr. Bryan said they were previously two story townhouses at the same density on these two tracts. Mr.~ Bryan informed the Board that they are simply changing the designation to garden apartments and eliminating a tract. Mr. Bryan pointed to another area on the plan and said they had a very similar situation. ~hey felt that they had such a heavy concentration with 361 units of apartments, and they had them on both sides of the street. After thinking about it and talking to the Traffic Consultant, Mr. Bryan said they had no problem with the developer realigning a little portion of the road (which he indicated on the plan) and making a much larger park that could have perhaps four tennis courts instead of the one. Mr. Bryan pointed to the plan again and said, "It would be adjacent to this, so we can maximize the use of it for these people,'plus we were beginning to get a little bit concerned about the look of Congress Avenue. Me felt that now that they have two major park'~areas right along Congress, it is going to create a much more attractive entrance into the development." Mrs. Bond asked if this was in response to the letter that Members of the Board had from Mid South Engineering. Mr. Bryan answered, "Yes. I have asked them, at Carmen's request, to prepare that for you." (Said letter is attached hereto and made a part hereof.) Mr. Zive moved to approve the Master Plan Modification on the basis that it does not represent any master change. The motion was seconded by Mrs. Bond and carried 6-0. Master Plan Time Extension Project Name: Agent: Owner: Location: Description: South P&~m Beach Commerce Park Michael B. Schorah Industrial Associates S. W. corner Interstate 95 & Miner Rd. Request for Extension of Master Plan Approval Mr. Annunziato informed Members of the Board that this has never actually gone to the Council as a Master Plan. Mr. Annunziato explained that the Board previously approved the Master Plan, and they heard him talking about (when they were discussing the High Ridge Road issue) an excavation and fill permit being granted to the property owner to the south in connection with a letter of credit to construct High Ridge Road. He said~ ~'~ere is c~e of tt~ securers Df the letter of credit, and they are asking fora six month extension, because it took almost six months to get the permit for the excavation and fill." - 65 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1982 Tim Cannon, Assistant City Planner, did not have much to add. He just wanted to say that the Engineering Department and the Technical Review Board found that the applicant has valid reasons for requiring a time extension. Furthermore, the Technical Review Board did not have any technical reasons or reasons by the changing conditions to warrant a new master plan. Consequently, this request for an extension of the master plan approval comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board with no comments, Mr. Cannon informed the Members of the Board. Mr. Annunziato added that the applicant is asking for a six months' extension from the expiration day of August 13. Mr. James Trindade, Agent for the Applicant, Realty Marketing Corporation, 3194 Congress Avenue, Lake Worth, Florida 33461 advised that %he expiration date is Friday, August 13, 1982. Mr. Zive moved to grant the extension of the Master Plan Approval for six months from the expiration date of August 13, 1982. The motion was seconded by Mr. Linkous and carried 6-0. ADJOURNMENT Mr. Wandelt moved, seconded by Mrs. Bond, to adjourn. The motion carried 6-0, and the meeting was properly adjourned at 10:40 P. M. Respectfully submitted Recording Secretary (Four Tapes) - 66 - -,.En61nEER n6 COMPANY ADDENDUM to P & Z MINUTES of 8/10/82 (see p. 65) June 9, 1982 Mr. Julian Trapp Bryan III Land Development Consultant 170 Hampton Lane .Key B~scayne, Florida 33]49 Re: The Meadows 300 C and_H Properties MSE #7878 Dear Mr. Bryan:. Regarding the concern that .a.proposed "T" intersection of service roads for the subject properties may be ~too close to the intersection of Congress Avenue and one of the service roads, it is our conside6ed opinion that 38'0'wil]' be more than enough distance and will cause no operational problems whatsoever. On State Roads, the FDOT generally does not permit intersections within 330. feet of each other. If you have further questions concerningtraffic flow on the subject properties, please do not hesitate to contact me. Very truly yours, MID SOUTH ENGINEERING COMPANY TRaraf~E~ngineer RA/pt CONSULTING ENGINEERS PLANNERS. SURVEYORS 2901-A NORTH WEST 62ND STREET · FORT LAUDERDALE, FLORIDA 33309 · PHONE (305) 974-5333