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Minutes 05-11-82
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING B©ARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 11, 1982 PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Lillian Bond Ezell Hester Ronald Linkous Robert Wandelt Simon Zive Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner Chairman Ryder called the meeting to order at 7:30 P. M. He introduced the Members of the Board and told the audience that Garry Winter, Vice Chairman, had a slight setback the last - couple of weeks, and everyone was glad to see him back. Chairman Ryder also introduced the City Planner, the Assistant City Planner, and the Recording Secretary, He further acknowledged the presence of Mayor Trauger, Vice Mayor Warnke, Councilman Joe deLong, and City Manager Peter Cheney in the audience. MINUTES OF APRIL 13, 1982 Mr. Wandelt moved to adopt the minutes as prepared, seconded by Mr. Zive. Motion carried 7-0. ANNOUNCEMENTS Chairman Ryder reminded Members of the Board that they will meet again this month. This was shortly after they decided they would meet once a month, but Chairman Ryder announced that the Board would meet again on May 25th. It is an emergency request on the part of the representatives of the Sunshine Square Shopping Center. Chairman Ryder told the Board that Sunshine Square Shopping Center plans to initiate extensive changes and improvements to the shopping center, and they hope to have that done by the Fall of this year and so they are anxious to get the necessary approvals as soon as possible. Taking that into consideration, rather than wait until June 8th, which would be the next regular meeting, Chairman Ryder said the Planning and Zoning Board will meet on this one issue on May 25th. COMMUNICATIONS Chairman Ryder received a letter concerning the public hearing with regard to item (4) on the agenda, which was the request for rezoning on the part of the Palm Beach County Housing Authority. He read the letter as follows: ,,To: Simon Ryder, Chairman Planning and Zoning Board Dear Mr. Ryder: ~Y 11, 1982 MINUTES - PLANNING AND ZONING BOARD "The Palm Beach County Housing Authority is requesting a continuance of the Public Hearing scheduled at 7:30 P. M. on May llth on our request for rezoning frc~ R-2 Single Family andDuplex Residential to R~3 Multi-Family Residential at the following addresses: 530, 532, 534, 536 N. W. 12th Avenue, Boynton Beach. This continuance is being requested due to our architect being un- able to attend this evening's ~neeting, and it is extr~nely im~ant that he should be in attendance to answer the technical questions which may arise on the rezoning request, as well as the subStantial rehabilitation of %he Cherry Hills area. We would, therefore, greatly appreciate-your .approval of the request for continuance until such time as definite arrangements can be made for~ our architect' s presence. Sincerely Barry Seaman Executive Director" Chairman Ryder said he would suggest that when the Board comes to that matter, they move to approve a continuance. OLD BUSINESS None. NEW BUSINESS PUBLIC HEARINGS: '7':30 P. M. Chairman Ryde~ said there were several matters that were the subject of public hearings tonight, in which .event these matters are duly advertised so they are brought to the attention of the public and, in particular, %o the people who are perhaps more closely involved in particular applications. Annexation Appl i cant: R. J. Z~mmit, President First kmerican Bank of Palm Beach County Request: Annexation of 3.57 acre tract of land located at the intersection of the Boynton Canal and Congress Avenue, S, W. corner Location: 1301 No. Congress Avenue Legal Description: Acreage, Land in Section 19, Township 45 South, Range 43 East. (See "DESCRIPTION" attached, pg 5a) Chairman Ryder referred everyone to the projected map showing the area and advised that it was the dark shaded area. He said it was - 2 - MINUTES - PLANNING AND ZONING BOARD MAY 11, 1982 on the west side of Congress Avenue, currently now in the unincorpor- ated area of the county, and diagonally across from where the new Motorola plant Will be. Mr. Annunziato wanted to present the thrust of the first two public hearings, one being annexation and the Second being%hg~.~!~request for amendment to the future land use element and request for rezoning. Mr. Annunziato said Members found in their packet a memo to the Board from him concerning these issues in which he attempted to describe for the Board ±n introductorY form the location and the request, the procedures involved which are lengthy'and involve some six State and local statutes and codes, the current land use and zoning, the future land use and zoning, ~nd~.~_reiYe~ive Plan policies,-which he put in the recoramendations of the Planning Department, which he read into the record as follows: "The Planning Department recc~mends that the applications submitted by First American Bank of Palm Beach County for annexation, future land use element amendment and rezonin~ be approved as 'reqUested, This recommendation is based on the foilowing:" Mr. Annunziato said the recommendations are related to the times of research and study that went into the request. "1, the parcel is contigUous to thecorporate limits;"il~r~ Annunziato asked ~r. Cannon to point this out on the map,) Mr. Cannon pointed to the City limits running along the west side of Congress Avenue. "2. the parcel is in the path of urban development." Mr. Annunziato told the Board that they may recall that this is one of the four out parcels which are a part of the deBartol0 Mall site. It is directly in line with Urban development~ To the northeast corner is more rural development, To the north is a proposed planned unit development, To, the east is vacant corporate land, and of course to the ~est and sou~h is the pro- posed De Bartolo Mall development in the out parcels~ "3. the request is consistent with the Comprehensive Plan p~Iicies for annexation;" Mr. Annunziato said the policies are as follows: "4 · "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 pro- vide efficient service and on which urban development is anticipated." the land use and zohing, categories requested~ar_e~ with the land use plans and policies of both Palm Beach County - 3 - ~Y 11, 1982 MINUTES - PLANNING AND ZONING BOARD and Boynton Beach; 5. the requested annexation-and zoning will not impare the surround- ing properties in a ~anner that will inhibit future development; and 6. the cost/benefit analysis of this request indiCates that the impact .of this proposal on ~im~nicipal staff and Programs will be minimal while the potential in taxes realized ~11 more than cc~pensate for municipal expenses," As a matter of public record, ~r. Annunziato informed the Board that the application was reviewed not only by the Technical Review Board but by all of the line departments, ~nd there were only two comments which came back from the staff, as follows: "All of the dep~rtments have .responded, and the net ir~pact of tb/s ~nnexation on the City departments is that no additional .personnel and/or materials will be required as a result of this annexation." Mr. Annunziato read the following comments from the Police Department and the Fire Department: Police: "The Police Department can expect sc~e false alarm bank alarm calls as a result of human error on the part of bank employees, plus minor parking lot accidents. Patrol is no problem. Fire: "This property is on the outer limits of our response area and individually will not i~ct the Fire Department at this time. ~. Annunziato asked if Members of the Board had any questions. There were none at this time. Chairman Ryder announced that this was a public hearing and asked whether anyone was present to represent the applicant. Mr. Ralph Mabrie, Vice President, First American Bank. of Palm Beach County, came before the Board. He informed the Board Members that he will be Manager of the branch. He introduced Jim Gallo, who will be Chairman of their Management Board. Mr. Mabrie informed the Board that they have fourteen branches and are the largest independent bank in Florida, with about approximately 425,000,000 at last count. He stated that they are pressing forward in growth and expect to have approximately fifty branches in the next three years. Mr. Mabrie said he had nothing planned, but would be glad to try to answer any questions the Members of the Board might have. Mr. Wandelt asked how many branches they have now. Mr. Mabrie replied that they have 14, and they are going to take in another four in Broward County. Mr, Wandelt asked how they could get fifty in three years. Mr. Mabrie told him to ask Roy Talmo; Mr. Talmo could tell him. Me~bers of the Board laughed~ - 4 - MINUTES - PLANNING AND ZONING BOARD MAY 11,'1982 Mr. Wandelt commented, !'Not according to banking regulations." Mr. Mabrie remarked that Mr. Wandelt must be a banker. Chairman Ryder informed him that Mr. Wandelt is with the Sun Bank. Chairman Ryder asked if anyone wished to appear in favor of the application. He asked if anyone wished to appear in opposition to the proposal. No one came forward. CHAIRMAN RYDER CLOSED THE PUBLIC HEARING. Mr. Linkous asked if that was consistent with what he~had~read, C~3, in that particular area. Mr. Annunziato said it would be in the appropriate zoning classification. Mr'. Linkous asked if that was the only one that'has come before the Board so far from that particular spot,.Mr. Annunziato replied that that was correct. Chairman Ryder noted that Members of the Board received a schedule of the steps involved. He said it is a course that is going to be true in many cases in the future When annexation matters come before the Board. Chairman Ryder noted it was a lengthy process. He complimented the Planning Department on its analysis and statement and its recommendations. Mr. Heste~ asked if both applications pertaining to First /~merican Bank of Palm Beach County were to be taken together or one at a time. Chairman Ryder preferred to take them one at a time. He advised that the Board was now dealing With the annexation, Mr. Hester moved to approve the annexation of F±rst American Bank of Palm Beach County, subject to staff comments, Mr. Linkous seconded the motion. The motion carried 6-0, with Mr. Wandelt abstaining from voting, Land Use Amendment & Rezoning AppliCant: R. J. Zammit, President First American Bank of Palm Beach County Request: Amendment to Future Land Use Plan to show property as local retail and request for zoning property C~3 Community Commercial Location: 1301 No. Congress Avenue Proposed Use: Offices & Financial Institutions Legal Description: Land in Section 19, Township 45 South, Range 43 East (See ~DESCRIPTION - 5 - DESCRIP. TION FOR ANNEXATION REQUEST AND LAND USE AMENDMENT AND REZONING REQUEST OF FIRST AMERICAN BANK OF' PAL~ ~EACH COUNTY A parce~ of land lying in Section 19~ Township 45 South, Range 45 East, Palm Beach County, Flomida~ being more particularly described as. follows: com~_~ncing at the Southeast corner of_said Section 19; thence N 00 59' 59" W a distance of 1242.20 feet to a point; thence N 89© 46' 54" W a distance of 50.01 feet to a point on the West l~ight'of-way line of Congress Avenue (S.R. 807); thence N 00© 59' 59" W alOng said West'.line a'distance of 2145.01 feet to a point~ thence S '88© 05~ 26" W a distance of 10.00 feet to the principal point and place of beginning of the following description: o Thence continuing S 88 05v 26~' W a distance of 528.87 feet to a point; thence N 00© 59~ 59" W a distance of 472.86 feet to a point on the South line of Boynton Canal; thence N 88° 05' 26" E along said South line a distance of 528.87 feet to a point; thence S 00° 59~ 59'~ E a distance of 472.86 feet to the point of the beginning and containing 5157 ac~es .of land mo~e oP !ess~ but · subject to all legal highways and easements of mecord. MINUTES -'PLANNING AND ZONING BOARD MAY 11, 1982 Mr. Annunziato .re~d, for the record, one section of his r~port entitled '¢FUture Land Use ~'i}Zon-i'ng"-, as follows: "~e Congress Avenue corridor in proximity to the proposed annexation wilI develop in~o a high intensity land use area~ The requirements of high intensity development are, among others, the following: 1o avaiiability 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-First American tract lies in ~he approximate center of %his high intensity area with the"~roperty to the east exhibiting a potential for 734-units .at 7 units per acre~ the property to the south and west proposed to be developed commer- cially into a 1~2 million square foot shopping mall plus out- parcel development, the property to the north proposed to be developed residentially into a Planned Unit Development of 1260 units and ~he property' to the northeast currently being develope~ industrially by Motorola as an office/manufacturing facility in connection with their Paging Products Division. Based on the information provided above, a land use classification of local retail and a zoning classification of Community Commercial (C-3) is appropriate." Mr. Annunziato felt the-above was on what the proper zoning classification should be based° - 6 - MINUTES - PLANNING AND ZONING BOARD MAY 11, 1982 Mr. Annunziato asked Members of the Board to note that on the County Comprehensive Plan the future land use designation is also commercial. He told the Board that the current zoning is agriculture, so the request is to rezone from AG to C-3 (County AG to City C-3) and a request to amend our future land use element to take in this land and make it a part of our land use map, and also, to place upon it the land use classification consistent W~th. the use. Chairman Ryder asked if the representative of the bank had any- thing to say in this regard, He did not wish to speak. Chairman Ryder asked if anybody in the audience wished to indicate oppostion to the proposal, There was no response. THE PUBLIC HEARING WAS CLOSED, Mr. Linkous commented that C-3 covers a multitude of sins, He questioned whether that was specifically for banking purposes. In Mr. Annunziato's opinion, he did not think you could limit it specifically to banking purposes. He agreed that C-3 does cover a multiple number of uses but, given the location, Mr. Annunziato could not think of a location more approPriate to accept different kinds of uses than one that would be directly in front of a shopping center. Mr. Annunziato advised that it is the applicant's plans to construct an office building and a bank, but he wanted the Board to understand that C-'3 zoning will permit all of the uses available. Mr. Linkous asked if/ as Mr. Annunziato indicated a while ago~ most of that was residential north of the canal. Mr. Annunziato informed him that north of the canal is currently zoned agriCultural. The owner of the land, which is Riteco Development, whom we all know, is'currently having the land demucked as a part of their program to zone the land to a PUD to permit the development of 1,260 units of rental housing, all multi-family. What Mr. Linkous was alluding to would be south of 22nd, as he recalled. He questioned, "There would not be a monopoly on C~3 per se. There could still be a modification on zoning to another C-3 if somebody made the request." He asked if that would be a monopoly. Mr. Annunziato did not think ±t would be a monopoly but reminded Mr. Linkous that each request would have to be reviewed on its own merits. Chairman Ryder called .attention to the fact that that area is in the County. Mr. Linkous added, "as this is, up to tonight." Mr. Zive questioned if they were building within the 45 foot Code and if they were cognizant of that fact. Mr. Annunziato rePlied "Yes", and advised that once annexed, the property would be subject to every land use restriction that is in the City of Boynton Beach. - 7 - MINUTES - PLANNING AND ZONING BOARD ~Y !!~ !R82 Mr. Linkous moved that the application for amendment to Future Land Use Plan to show property as loCal retail and request for zoning property C-3 Community Cozmmercial be approved. It was noted there were no staff comments, The moti°~ was seconded by Mr. Hester and carried 6-0 with Mr. Wandelt abstaining from voting. Chairman Ryder welcomed First American Bank of Palm Beach County into the City of Boynton Beach. Abandonment Request Project Name: Agent: Owner: Location Description: Gerald L. Knip Abandonment Dutch Realty Inc, (Hugh Edward David) Gerald L. & Marie Kn!p East side of SW 16th St,; North of SW 15th St,; 508 SW 16th St. Special Purpose Utility Easement Abandonment .Mr. Annunziato read the overlay an~ informed the Board that the area cross hatched is the area requested to be abandoned. He said it was part of an existing easement which serves utilities in the Section 5 Leis~reville plat. Mr, Annunziato said the request was to abandon a portion of that easement with,-he thought, the intent to provide the expansion of the house eastward, moving towards the E-4 Canal. Mr. Annunziato said the request was reviewed by the staff and the public utilities and came to the Planning and Zoning Board with a recommendation from the City Engineer that the application be denied owing to the fact that the ~ower company (Florida Power and Light CompanY) has noted'that ~he application cannot be granted because there is a~ '~buri~d'Cable facilitY in the ease- ment. Mr. Annunziato read the memQ dated May 5, 1982 from Tom Clark', City Engineer, as follows: "Predicated on the response from Florida Power & Light, a copy of same having been forwarded to your office, I cannot recommend that the subject easement be abandoned. Said response advised that a main underground cable is buried in the subject easement." Mr. Hugh David, Du-tch Realty Inc~, ~ntroduced Mr, Gerald L. Knip, the owner of the property to Members of .the Board. Mr. David. did not realize, from the th~ngs he found out, .that Florida Power and Light C~D.~ny~was supposed to have any~b_~gin~h~ eas~ent (he ref~rr~d~"to information he recei~e~ from one of his associates and in talking to Mr. Knip, who was there during the time of construction on the home quite a number of years ago.) Mr. David reiterated that he had no knowledge of the fa.~]~y ~ being in there until today when he called Mr. Annunziato. He asked for a thirty day postponement until he can find out where the under- ground cable is. - 8 - MINUTES ~ PLANNING AND ZONING BOARD MAY 11, 1982 Chairman Ryder advised that these easements serve a public need, and needs to proceed with whatever the owner might want to do in that regard. Chairman Ryder informed the applicant that Florida Power and Light has told the City that it is a main route for buried electrical facilities, so he did not see how they could scout around that. At this point, Mr. David did not know where that is, and he was trying to find out. Chairman Ryder advised that they had'the easement since the development was built. He said the owner acquired his property based on that easement. It so happens that here and the adjacent property (Mr. and Mrs, Florian Banasik}~ have ten foot easements to the back. Otherwise, you have five, Chairman Ryder continued, but apparently there is a reason for that around that corner. Chairman Ryder pointed out that a five foot easement is barely adequate to bring in any new piece of equipment. T-he utility feels that they do not have any right to encroach on the right-of-way of the canal. Chairman Ryder did not see how the Board could look at this in any other light, coming from this, utility C~mpany and serving a public use. Mr. David said he just requested that, and it was up to the BOard. In this case, Chairman Ryder noted that it backed up onto the canal. He commented that the City has a Leisurevill~ PUD (Planned unit development)¥ and because of the ai~menities and the layout and the recreational facilities, you get exceptions from the normal zoning requirements. Chairman Ryder told Mr. David this pre~iously was an R!~A~ and they would probably have to have 7500 square feet and a setback in the front of 25 or 20 or 25 in the rear, and a 10 foot side setback. Chairman Ryder commented, "We don~t have that. We have 5 foot side setbacks. We have five foot rear setbacks ±n many cases." Fortunately, Chairman Ryder continued, the community is an adult community and they do not have small ch±ldren. He said they could live with that but, otherwise, the densities would be considered ~ind of high. Chairman Ryder said it was important in a case like that to maintain the integrity of that kind of thing unless you have good cause. Incidentally, Chairman Ryder advised, the house in consideration is one of the largest houses in LeisUreVille, ~r, D'a~id.agreed. To see the need for coming out another five feet did not appear to Chairman Ryder to be very pressing, Chairman Ryder thought he said what he did because he lives there and is aware of what is happening, as he has been l~ving there for ten years. Chairman Ryder said it has retained a high quality character because of things like %his and you have to consider that you want to keep it that way. Chairman Ryder said the stipulation by Florida Power and Light Company was the all important thing in this instance. Mrs. Bond asked what Mr. Knip wanted to do. Mr. David replied that the idea was to put a Florida room on there. They have five feet now and they need ~' five feet to put the additional ten feet. - 9 - MINUTES - PLANNING AND ZONING BOARD MAY 11, 1982 Mr. David added that there were all Florida rooms on those models in there. Chairman Ryder stated that Mr. Knip couldn't build all the way across anyway. Mr. David informed him that Mr. Knip does not intend to. Chairman Ryder advised that he would be encroaching on that setback adjacent, to the Banasik property if he came all the way across. Mr. David said that was not Mr. Knip's idea, he just wanted a setback on it. Mr. Linkous commented that it took~ him a half a day to find the property, but he finally did. Mr.~Linkous asked if it was conSistent with what Mr. [~Knip'~'-[~ thought and understood when he (Mr. L~inkous) talked to him today. Mr. Linkous believed that Mr. Knip Und~m~'~ 3-- stood that the easement was not there. It was somewhere else. Chairman Ryder spoke up and advised that the easement was there. It is a matter of record, and it is a matter of record on the unit owner's property. Mr. Linkous explained that was true, but he believed Mr, Knip was mistaken today when he was talking to him. Chairman Ryder repeated that the easement is there. Mr. David advised that the easement is there; it is a question of where the line is. He said the easement is recorded on the plat, but according to the ~an hole that was in there and the way the electric g'oes into his house next door, Mr. Knip did'not think there was any buried cable in there. Chairman Ryder understood that the approval of this request is contingent with the sale of the house. He added that the approval is contingent on the sale, and the intent here is to build out. Chairman Ryder .asked if that was not so. Mr. David replied that was correct. Mr. Hester suggested that since Mr. David requested a cOntinuance, maybe the owners and Florida Power and Light Company could work something out. Mr. Linkous added that some of those things can be relocated, depending upon Mr. Knip's suppOrt. Mr. David said that was one of the reasons he asked for a continuance, to try and work something out. Chairman RYder suggested that he did not know whether the Board could do that~ Subsequently following the Board's recommendation, and he advised that the Board's would be a recommendation, and at the next meeting of the City CounCil, they would decide. Mr. Wandelt thought they should let Mr. David investigate this and if it can be moved, he could see no objection to tabling the matter for thirty days. Chairman Ryder advised that the point was that they had a letter before them from Florida Power and Light Company saying it is a main route. Mr. Wandelt knew they had a letter from Florida Power and Light Company. On the basis of that, Chairman Ryder did not know whether they could p~oper!~ do anything else. Mr. Wandelt reiterated that they should let Mr. David see if he could make arrangements and if he can, they can bring it up again and vote on it then. M~Wandelt didn't think it should be a cut and dried situation. - 10 - MINUTES - PLkNNING AND ZONING BOARD M~Y 11, 1982 Mrs. Bond asked if homeowners also haYe to make an approval. Members of the Board did not think so. Mr~ Linkous felt Mr. Wandelt's suggestion would give Mr. David an opportunity %o talk with Florida Power and Light Company and see if it can be moved, Mr. Linkous noted that it says there in black and white that there is an easement, and they all know there is an easement, but there is a possibility that a meeting of minds can be met and something can be worked out. Mr. Wandelt advised, "Let's not shut the door. Let's let it be open." Chairman Ryder's feeling was that it was not a matter of life or death. He again referred to the expression from the utility company. Mr. Wandelt argued that it was not a shut dooH policy either because some arrangement could be made with the utility company. He thought property owners should be given every oppor- tunity. Vice Chairman Winter commented that according to Florida Power and Light Company, it says (and he read from Florida Power & Light Company's letter of April 26, 1982, addressed to Thomas a Clark, P.E., City Engineer): "Regretfully, therefore, this easement is locked-in and ~ust re- main as recorded." Mr. Zive remarked that it can be changed. Chairman Ryder asked if anyone else wished to appear in favor of the request. Mr. David replied that there was just himself and Mr. Knipo Gerald L. Knip, 508 S~ W~ 16th Street, Boynton BeaCh, came forward. He said he was there at the time the house was built, as his sisters live in another part of Le±sureviile, Mr, Knip thought he was familiar with what went in and what did not go in. Mr. Knip stated that he knew that for some reason the builder decided..to move the house back five feet. He stated .that the power company has a large transformer, and they moved that back about twenty feet. Mr. Knip continued by saying that then they put a man hole on the southwest corner of his lot, on the far corner. Mr. Knip explained that it was like a junction boxl He said his wiring or the cable comes from that hole to his house, Mr. Knip told the Board that there is no easement there. That is for his house, and it is cut right through. Chairman Ryder advised that the easement is there, but there is no utility there. Chairman Ryder informed Mr. Knip that the ease- ment is there. It is a matter of record. Mr. Knip reiterated that there is no easement on that side. Cha±rman Ryder asked, "On the outside of this twenty feet and across the width of your house?" Chairman Ryder asked if they were getting confused with the easement. He questioned whether there were any lines in the area. - 11- MINUTES - PLANNING AND ZONING BOARD MAY 11, 1982 Mr. Knip went to the map and showed where his lot was located. He pointed to'the five foot easement in front of-his house. He showed where his southwest lot line is located. Mr. Knip then indicated where the powelr unit is. He pointed to where~his-~ cable runs and reiterated that there is no easement there at all, and yet the Florida Power & Light Company ran a cable through there. Mr. Knip said the power company had nothing ,back here" as he designated the place, and he ~old the Board, "It's in here," He informed the Board that was where the connection box was, which was in the southwest corner. Mr. Kn±p advised that it had nothing to do with the ten foot easement. Actually, Mr. Knip continued, the power company is working from an old sketch or something because the transformer is "away out here", and he-again pointed to where the transformer was on the map. He said it was a great big one. Chairman Ryder commented that it was in his neighbor"s easement, Mr. Knip said that was right. Mr. David did not mean to interrupt but ad~±sed that it was in the right-of-way of the Lake Worth Drainage District. Mr. Annunziato informed Chairman Ryder that it was quite l±kely that the house service has nothing to do with .a buried cable that is in that easement. Chairman Ryder agreed, saying they were distribution lines. He asked if Members of the Board wished to direct any questions to Mr. Knip. Mr. Annunziato thought, for the record, they shOuld complete the hearing and then close the hearing, and then the Board could decide whether or not to make a recommendation for or against~ Chairman Ryder asked if anybody else wished to speak in favor of the request. ~here was no response. Chairman Ryder asked~if anybody wished to speak in opposition to the request. Florian J. Banasik, 601 S. W. 15th Street, Boynton Beach, rece£~ed ~he notice, and the word t~at scared h~m was "abandonment". M~. Banasik asked Chairman Ryder, '~ln any way am I giving up any of my rights in this?" Chairman Ryder answered, "No sir," Mr. Banasik was not going to d~al in personalities, because Mr. Knip and h~ have not gotten along for years, Mr. Kn±p asked, "What's new about that?" Mr, Banasik replied, "Tha~s just off the cuff~" Mr. Banasik was there to protect his own interests, ~s God knows F~. Knip would not protect theme" Mr. Banas±k told the Board it was up to them to dec~de. Mr. Banasik stated he had the honor to speak to M~. Cannon, Assistant City Planner, twice. Mr. Cannon informed Mr. Banaslk it would not pay him to get an attorney, as there was no reason. Mr. Banas±k said Mr. Cannon told him Florida Power and Light Company ~ill not allow it to go through. Mr. Banasik noted that Mr. David and Mr. Knip asked for a thirty day postponement. He had no objections because now that he could see that he was out of the picture, Mr. - 12 - MINUTES - PLANNING AND ZONING BOARD MAY 11,' 1982 Banasik stated there was nothing for him to say further. If they are asking for thirty days, Mr. Banasik advised the Board that he wanted to attend a graduation in New York. Therefore, if Mr. Knip and Mr. David were asking for a continuance, Mr, Banasik said he would ask for a further delay.. Chairman Ryder asked if anyone else wished to speak in opposition, There was no response. THE PUBLIC HEARING WAS CLOSED, Chairman Ryder's co~ the overall persons that Mr. Banasik ~col same thing on my tw~ What Chairman Ryder has been so adamant that, in some cases Considers preferent of these things haw continued, you are! your house. You ca~ Mr. Linkous informed the Board that he spent some time out there today and although he did not talk to Mr. Banasik, he did talk to Mr. Hamilton. He knocked on the wrong door. Mr. Hamilton was a neighbor on the north side and he went with Mr. Linkous to find Mr. Knip. It did not make any difference to Mr. Hamilton. Mr~ Hamilton was in fav(~r of it, Mr. Linkous told the Board, if it was of any benefit. Chairman Ryder said it could be. ~ents deal with the fact that they look at ~ Say this is gr.anted, Chairman Ryder commented lld come around and say, "Well, I want to do the ~nty'feet. I want to go out and build." was so concerned about and the ~eason why he about it is because he lives there and knows , what has happened they have gotten what he [al treatment becaUse of the fact that some come about, Normally, Chairman Ryder ~ot permitted to go beyond the oute~ lines of square off, like for ~instance, there. Chairman Ryder cont hued by saying they have this projection to the east, at the upper end there. Normally, you can square that off and use 'that sp~ce, but to go beyond the Present limits is something that, no,ally, in this develoPment is not permitted. However,'Chairman Ryder said they did not ha~e anybody who~ep~e- sen~ the homeowners association, so what he was saying were his feelings on the mat~er. He told the Board, as Mr. Annunziato mentioned, they could do one or two things. They can act on it up or down or they ~an recommend a continuance~ Mr. Linkous thought!a continuance'was-in order. In looking at that, Mr. Linkous t~ought if he would allocate another fi¥~ feet east, that would still give them ten feet, that is, if he has that much property, Chairman Ryder did not understand. Mr, L±nkous explained that hereiS a ten foot easement. Mr. Linkous said when he saw it today, t~e easement lacks about that much of being next to h~s house. Chairman Ryder said, "Yes, next to his house, and, also, doesn't it go around the ~ight-of-way of the drainage district. Mr. Linkous did not know if it went around the right~of~.way of the Lake Worth Drainage District. That was why he asked. It appeared to Mr. Wandelt that there was at least 24 feet there, He was interrupted by Mr. David who wished to explain. Mr, Annunziato wished to explain it from the survey. He told Members - 13 - MINUTES - PLANNING AND ZONING BOARD MAY 11, 1982 of the Board to look at the survey and they could locate the ease- ment. He asked them to note that the rear of Mr. Kn~p~s house is 10.5 feet from his rear property line. The easement which currently exists occupies all of that 10 feet. What the applicant is requesting, Mr. Annunziato told the Board, is that the westerly f±ve feet of that 10 foot easement be abandoned. In that 10 foot easement is apparently where the power cable lies. Mr. Annunziato advised that there really is not any room for additional dedication Of easements on the property, Mr. Linkous determined that there isn't any east of their property. Mr. Annunz±ato said that was right. Mr. Annunziato informed the Board that the heavy line was the Lake Worth Drainage District property. Rt. David indicated the five feet that they wanted abandoned. Mrs. Bond asked if the Lake Worth Drainage D£strict would not have something to say about that. Mr. Annunziato replied that as long as Mr. Knip did not encumber Lake Worth Drainage D±strict~s property, he did not think they would mind. Mr. Wandelt was in favor of a continuance to allow the gentlemen to see if they could make a deal, He stated that if they could make a deal, they could repossess this. M~~. Annunziato believed the appropriate motion would be a motion to table and bring it up again at the June 8%h meeting. He advised that a continuance is the conrDtation that the hearing was not held. Chairman Ryder asked Mr. Banas±k if he would be here.on June 8%h. Mr. Banasik answered that he would be here. He added that if this meant Mr. Knip could There was a lot of Mr. wandelt moved to Mr. Linkous. Motion Cha±rman Winter obje¢ by Mrs. Ramseyer at ell his prOperty., he was all in favor of it. ~ughter. table the request until June 8th, seconded by carried 5-2, with Chairman Ryder and Vice ting, A roll call vote was taken on the motion .he request of Chairman Ryder, as follows~ Vice Chairman Winter Mr. Hester Mr. Zive Mr. Wandelt Chairman Ryder Mrs. Bond Mr. Linkous No Aye Aye Aye No Aye Aye The motion to table carried 5-2. Mr. Annunziato advised that it would appear on the June 8th Agenda as Old Business. PUBLIC HEARING - 14- MINUTES - PLANNING AND ZONING BOARD MAY 11, 1982 Rezoning Applicant: Barry Seaman, Executive Director Palm Beach County Housing Authority Request: Rezone from R&2 Single Family & Duplex Residential to R-3 Multi-Family Residential Location: 530 NW 12th Ave, 532 NW 12th Ave. 534 NW 12th Ave. 536 NW 12th Ave. Proposed Use: Legal Description: Multi-Family Housing Cherry Hills - Lots 378, 379, 380, 381, 382, 383. Chairman Ryder reminded the Board that this relates to the letter that he read at the beginning of the meeting, where they request a continuance, so he did not see any point in going ahead, other than continuing it. He asked the Board to consider that. Chairman Ryder questioned if it was for a spec±fic date. Mr. Annunziato replied that there Was no date listed in Mr. Seaman's letter to the Chairman. However, in conversation with Mr. Seaman, Mr. Annunziato said Mr. Sea/nan thought June 8th wou~d~be acceptable to him and would allow him an opportunity to have his architect back, In this instance, Mr. Annunziato pointed out that it was a request for a public hearing, No evidence is being-submitted by the applicant, as opposed to the prior situation where the applicant has spoken. If the Board deterIn±nes that this can be continued until the 8th, they should probably do so by motion, Mr. ~nnunzlato advised, and they would have to address the issue of whether it would need to be advertised again with the City Clerk and the City Attorney. Chairman Ryder commented that it was apparent that this was the only thing they could do. Mrs. Bond moved for a Continuance of the public hearing~ Mr. Edward J. Kloster, Jr., 1135 S. W. 25th Avenue, Boynton Beach, stated he was Vice Chairman of the Boynton Beach Housing Authority. Mr. Kloster informed the Board that late tod~y, he found out that the Boynton Beach Housing Authority was requesting a continuance because they could not get their architect here today, Mr. Kioster said they wanted to make sure the Board had all of the information and opportunity to ask whatever questions they had in regard to the matter, before they made a decision. Mr. Kloster thought perhaps, without the architect being here, the Board m~ght have some questions that they Authority) could answer on their own. - 15 - MINUTES - PLANNING AND ZONING BOARD MAY 11, 1982 However, Mr, Kloster referred to the exhibit the Board Members had in their packets, and continued by saying the Boynton Beach Housing Authority would prefer to get closure on this matter, and they were 100% in favor of.having the rezoning approved by the Board. He told the Board if they could not approve the re- zoning tonight-, that would be why they would like to have the continuance. Mr. Kloster-said the Boynton Beach Housing Authority believes, in layman's terms, that the object before the Board bas~cally has to do with existing structures that they are renovating that are basically small, on small plats, that they are going to make large enough to meet todaY's living conditions that..they think are acceptable for citizens of the City. They are going to make the structures into fourplexes that are currently dupT:exes, and they will be on slightly smaller plats than they would prefer Mr. Kloster Said they think that economically it is the right thing to do and, also, in terms of the living quarters that they provide to residents of the City that will be moving into those structures, it is more than adequate, Simply based on the Board's preference, Mr. Kloster stated that the Boynton Beach Housing Authority was say±ng that if they feel~ like they have enough information in frOnt of them in the packet to take a position on~ that would be fine, If they have any questions that they think the architect would be the one to answer, then they would request the continuance. Chairman Ryder thought that was the way the Board should go, so there would be no questions later on, He felt the Board should have all of the information available to them before they make a decision, and Chairman Ryder was sure the-Council would want the same thing. Mr. Kloster concluded by telling the Members of the Board 'that if there were any questions that come to mind, they might save the Boynton Beach Housing Authority a lot because then they could be sure they are prepared. He assumed the Board would approve the continuance, and they would be prepared to answer any of the Board's questions. Chairman Ryder had questions but said he did not think that he would ±ntroduce them at this time because he thought they would like to get all the facts. He was sure that Members of the Board have been there, (as he has been) have seen it,~ and know what is there and what the surrounding area looks like. As Mr. Kloster indicated, Chairman Ryder said no view remains the same, but they wind up two quadplexes which they cannot have in an R-2 zoning, Chairman Ryder recommended it be continued. Chairman Ryder asked if Members of the Board had any comments. Mr. Annunziato reminded him that there was a motion by Mrs. Bond to continue until June 8th, but he did not recall a secon'd. Mr. Linkous seconded the motion. A vote was taken on the motion,, and the motion carried 7-0. - 16 - MINUTES - PLANNING AND ZONING BOARD MAY 11, 1982 SITE PLANS ~roject Name: Agent: ©.wrier: Location: Description: Woolbright Corporate Center Fred Singer, c/o Wantman & Assoc., Inc. Joe Cogen, Trustee Congress Avenue; North of SW 19th Ave. General Offices Chairman Ryder thought Members of the Board were aware of the fact that this is on the west side of Congress and just below the First Federal of Broward. Mr. Cannon said the site plan comes to the Planning and Zoning Board with a positive recommendation from the Technical Review Board, subject to staff comments. Mr. Cannon showed Congress Avenue on the east side of the parcel and S. W. 19th Ayenue, which goes in for about 200 feet. on Congress Avenue. He'said Woolbright Road is about 500 feet to the north of the site. Mr. Cannon informed the Board that the proPoSed develop- ment is for two 53,000 square foot office buildings, and he showed the office buildings. Mr, Cannon said t.he buildings would be built on a 5.7 acre site. The office buildings would each be four stories or approximately 44.7 feet high and would be identical as far as their external appearance or floor plan, Mr. Cannon said the orientation of the buildings is different, which is the only difference between the two buildings. In addition to the 44.7 foot height, Mr. Cannon adviSed there would be a seven foot elevator penthouse. The applicant~ need tobeaccepted by the City Council in order to put this elevator above the 45 ~foot height limit. Mr. Cannon said the development would be built in two phases. The building on the east part of the parcel would be built first, and the building on the western part of the parcel would be built at a later date. Mr. Cannon informed the Board that the development was a pa~t of the Woolbright Plaza subdivisions and was part of the subdivision, S. W. 19th Avenue is dedicated as a public right-of-way for about 200 feet in from Congress, Mr. Cannon said there is a 25 foot access and utility easement~ on which paved access roads are to be located. In addition, Mr. Cannon advised that there is a 20 foot utility easement lying immediately east of that, adjacent to the eastern boundary of the property. The drive-in in th±s easement would provide the 100 foot stacking lane which is required in the new parking lot construction ordinance. Mr. Cannon further said that the plans show full compliance with the new parking Lot Ordinance and also witch the Landscape Code. He showed the landscape islands and parking lot lighting, which the new ordinance requires. Mr. Cannon also said that there are - 17 - MINUTES - PLANNING AND ZONING BOARD MAY 11, 1982 stop signs-at all of the exitS from the site. Mr. Cannon continued by informing the Board that there are two locations for dumpsters in the northeast and also on the south- west. The applicants will construct sidewalkS along Congress Avenue and also along S. W. 19th Avenue, Road impact fees for the improvement of Congress Avenue were paid as a part of the Woolbright Plaza Subdivision. Mr. Cannon further advised that water and sewer mains both run along the east side of the propertY, and~those are located within the easement down each side of the property. There are-exist- lng water mains also, south from WOolbright Road and over to Congress Avenue. He continued by saylngwater'.to~he'site would tap in at the northern end of the property and be moved over to Congress Avenue and will be constructed south in order to serve the property to the south. Mr. Cannon said sewer would connect into the existing gravity sewer along the eastern ~- side of the property and would flow downhill to the existing lift station. Mr. Cannon.told the Board that all of the water and sewer installed on the deyelopment would be privately owned plumbing, It would not be owned by the City. To the west'of the de~elop~ ment is going to be a Water Management tract or development. There is a positive drainage by means of sto~ sewers, Mr. CannOn told the Board, and he indicated app~oximate'ly~Where they would be by pointing to the plan, and said they would flow into a lake, which was shown on the plan. Mr, Cannon read the staff c~ents as follows: Engineering Dept. (Tom Clark, City Engineer) "1. Print for sidewalk and turnout is requ~ed frc~ County, 2. Existing elevations of Congress Avenue should be added to paving plan." Utilities Dept. "1. Subject to the dedication of 10' utility easements for on-site water lines. 2. Subject to a Hold Ha/~less Agreement for Land- Scaping and signs over utilities." Chai'rman Ryder asked what the City had about treating encroachments to the 19th Avenue entrance in regard to the southbound decelera- tion lane. He noted there was a widening of Congress Avenue and northbound for left turns. Chairman Ryder asked if it was ~ictated anywhere or if the Board should put that question to the applicant, Mr. Annunziato thought they shOuld put the question to the appli- cant, although he visited the site again today, and there is a southbound right turn lane on Congress and a southbound acceleration lane on Congress to serve the entrance at 19th. Whether there is a northbound left turn lane, Mr. Annunziato did not recall, and he did not think the applicant's impact statement addressed the issue. - 18 - MINUTES ~ PLANNING AND ZONING BOARD F~AY 11, 1982 Paul C. Wolfe, Attorney for Joe Cogen, Trustee, 601 Flagler Court, West Palm Beach, Florida, appeared before the BOard. He did not know Whether there was a left turn lane, northbound, in existence there now. Mr. Wandelt advised that there is notl Mr. Wolfe did know that the other improvements were Put in at the time of the plat as part of 'the plat in process, and he believed that those would require the deceleration lane and acceleration lane on Congress Avenue at the. time of doing the plat imProvements. Mr. Wolfe also understood there was a substantial road impact being paved previously also, but what the status is as far as lefthand turns there and whether they are needed or not needed, Mr. Wolfe was in no position to answer, He said Fred Singer did the analysis and impact for them. Mr. Annunziato referred to the properties which were annexed and zoned in early 1975 and later we got zoning in 1976, As a part of the zoning, there was a memorandum of understanding signed by the then applicant and land owners stipulating to certain improve~ ments, Mr. Annunziato continued. Along with those improvements were the construction of Wootbright Road through to the westerly limits of the residential property~ which is now seen as Quail Lake West, some improvements to Golf Road, and al'so some improve~ ments to Congress Avenue and 19th (particularly the ±ntersection of 19th and Congress), Some of the physical construction which was required is now. in place, Mr~ Annunziato continued, those being a right turn~ lane southbound and an acceleration lane southbound, Mr. Annunziato did not recall whether there was a need for a left turn lane northbound, However, it seemed to him that one of the things that was required was a traffic signal ~f and ~h-~n-warranted .... _ by the County Engineer, and that requirement was more or less placed upon the commercial property as opposed to the residential properties. Mr. Annunziato guessed at that time, with the advent of the signal, that they conclusively determined the need for a left turn lane. Chairman Ryder questioned whether there were more than two lanes at the present time below i9th Avenue, Mr. Annunziato replied, "Yes. We have an acceleration lane for southbound traffic." He advised that it runs approximately 100 to 150 feet. Chairman Ryder asked, "North and South of 19th Avenue." Mr, An~unziato answered, "Yes," That was what Chairman Ryder .was getting at, and he wondered whether they actually would have space where you could pull over so through traffic could continue. Mr. Annunziato thought the issue remains as to whether or not there is a need for a left turn lane, south approach. He pointed out that it had not been addressed. Mr. Annunziato did not know that the applicant'~s engineer had addressed it either. Fred singer, P.E., 2328 S, Congress~'West Pa!~, said the question was not addressed inasmuch as they were given to believe and t0 under~ stand that everything that has been required of this development - 19 - MINUTES - PLANNING AND ZONING BOARD M~tY I1, 1982 has previously been put into place with the exception Of the traffic light which was then to be addressed only if the County Engineer determined that one was needed. Mr. Singer stated~that everything else had been in place prior to them appearing on the scene. Chairman Ryder wondered if Mr. Singer realized that quite a period of time has elapsed. He had forgotten it, when Mr. Annunziato reminded him of it. Chairman Ryder explained that it Was not unusual, as the City has these things. He added that "You get approvals, and then we_neve~ see you Mr. Annunziato wanted to explore the left turn lane south approach a little more with County staff and with the staff of Mr. Singer and Mr. Wolfe's consultants and report back to Council. Mr. Annunziato did not think it was something that would inhibit the app]icat~0n. Chairman Ryder said, in the absence of the traffk light, whichhad not really been dictated at this time, at least if they had the room or roadway width so that you could pull out to the left turn so that you would not hold up traffic behind you, was an important thing. Mr. Singer advised that the right,of-way is there if it is necessary. Mr. Annunziato added, for the Board's edification, that Mr. Singer was very familiar with rights-of-way in Palm Beach County, as he recently (about 1-1/2 years ago) left the employment of the Palm Beach County Engineering Department, being the Assistant Director. Mr. Wandelt had just reminded Chairman Ryder of that. Attorney Wolfe pointed out that Mr. Jeffrey A. Ornstein, 333 Southern Boulevard, West Palm Beach, the Architect, was also present. He said Mr. Ornstein had done the architectural plans for the building. Mr. Ornstein said it was a two phase project and the northerly building is the first phase. He referred the Board Members to a phase line, which they could see, made out in red. He said all of this would encompass the first phase, which they hoped to get started on this su~amer. ~ttorney'~Wolfe~ssum~dthat the hold harmless agreement which was ref~erred to by staff with regard to the landscaping dealt with that landscaping which is in the City's right-of-way. He asked if that.was correct, and Mr. Annunziato replied that it was not correct. Mr. Annunziato then .advised Attorney Wolfe that maybe it was correct in part. He said the landscaping berm that they had east of the access road. ~r. Annunziato informed him there was a 20 foot utility easement west of and adjacent to the sidewalk. In it, the City has a 36 inch force main, which he hoped the City would never have to see again, a 16 inch water mai.n, which the City is not anxious to uncover, and then there is a gravity sewer system. Mr. Annunziato informed Attorney Wolfe those utilities would in effect be made inaccessible to some degree by their landscaping and their sign. Mr. Annunziato said the City has no objection to the landscaping and sign in that area, How- ever, if the City has to get to the utilities, they want to be held harmless, - 20 - MINUTES - PLANNING AND ZONINGBOARD MAY 11, 1952 Mr. Linkous asked if the lift station was on the southeast corner of that. Mr. Annunziato replied that it was. Attorney Wolfe called attention to the fact that they do show on their plan the improvement and landscaping of their islands, part of which is in the City's 19th Street. Attorney Wolfe asked if that would be covered in the same agreement they were talking about here. Mr. Annunziato thought so, but thought it might be something they may want to talk to City Attorney Vance about. He said they had the same problem right-of,way as they approach from the north. The other question Mr. Wolfe had was with regard to the statement which was made for height exception from the City Council. He said they were not aware of that. They were under the impression that the measurement of the height was to the top of the wall. Mr. Wolfe asked to see the other elevation plan. Mr. Annunziato advised the Board of what Mr. Wolfe was alluding to. He said SectiOn 4F of the Zoning Code allows the City Council to make exceptions to the height for non-occupied space for that space which is occupied by utilities or elevator penthouses or mechanical equipment. In this instance, Mr. Annunziato said we have an elevator penthouse with mechanical equipment which exceeds~ the 45 feet by ~pproxi~ately seven feet. Mr. Annunziato informed the Board that this was a very clear instance of Something a height exception could be granted on and could be acted on by Council. Mr. Annunziato explained that it was a very common thing~ You build a four story and have an elevator, the elevator has to go someplace. Attorney Wolfe advised that you cannot build a four story building in 45 feet and still have room for your stairways and elevators, which are required for safety, He said you have to have it~ Mr. Annunziato advised that there are perfOrmance standards upon which this will be evaluated at the time it goes to Council. He did not foresee any performance standard being'mitigated in this instance. Attorney Wolfe asked if this woUld b9 handIed at the same time the site plan is before Council, Mr', AnnunZiato replied, "Yes." Attorney Wolfe ascertained that it would not be an extra meeting. Mr. Jeffrey Ornstein, Architect, stated he enjoyed working with the owners on the building and thought they had a qual±ty development. He was willing to answer any questions the Board m±ght have. Cha~r- man Ryder complimented M~. Ornstein on all phases of the plan, the engineering, architecture, and the drainage, and he thought the drawings were very fine. In the first instance, Chairman Ryder said they promulgated the ordinances on parking and land- scaping and their plan was an indication of what the City wanted. Chairman Ryder commented that what'±s needed in the plazas is directional flow and not open areas.where you are not Safe whether - 21- MINUTES - PLANNING AND ZONING BOARD MAY 11, 1982 you are crossing by car or by foot in some of these areas. Chairman Ryder expressed that this was a fine example of what the City was trying to obtain. Mr. Ornstein, Architect, informed Chairman Ryder that he was Chairman of the Site Plan Review and Architectural Review Committee of Palm Beach Gardens and they have projects similar to this one coming through their Board. He knew how this Board feels about it, and that was how they tried to present it to %he Planning and Zoning Board. Chairman Ryder wished to know who made the render- ing. Mr. Ornsteinmentioned someone from Fort Lauderdale. Chairman Ryder thought it was terrific. Mr. Wandelt asked how many offices were in there. Mr. Ornstein replied that it was a "spec" office building. They antiCipate in the first building approximately six tenants per floor. Mr. Annunziato asked Mr. Ornstein what his time schedule was. Mr. Ornstein said they would like to apply for a building permit the day after the Council approves the plan. Mr. Linkous asked if there was 12,000 square feet in each build? ing. Mr. Ornstein replied that the gross square feet is 53,000 in each b~uilding. Mr. Wolfe added that was-gross and not occupied. He estimated i~ would probably be around 43,U00 occupiable square footage per building. Chairman Ryder asked if City Engineer Tom Clark had raised any questions about the drainage and elevations, etc. The Only question that Mr. Annunziato though~t that CitY Engineer Clark raised was a technical one concerning the elevations'at the center]ine on Congress. As far as the drainage plan is concerned, Mr. Annunziato advised there were no questions-on the on-site drainage. Chairman Ryder commented that yesterday afternoon there was a heavy storm in a parking lot and he had to wade. He said they had drains, but the water was not getting through them because they did not pitch properly to where the water is supposed to go. Mr. Wolfe said that was for the engineers to correct, Chair- man Ryder observed ~hat they certainly have the opportunity to have positive storm water drainage because of the lake there, Mr. Wandelt asked Mr. Wolfe if-he agrees to the hold harmless agreement. Attorney Wolfe answered, ~Yes sir." Chairman Ryder informed Mr. Singer that he was looking at a retired P.E. Mr. Singer asked Chairman Ryder if he was looking for a job, as they need help. Mr. Zive moved to approve the site plan, subject to staff comments. Mrs. Bond seconded the motion. Chairman Ryder asked about the reference to the left turn .move- ment. Mr. Annunziato advised that he wanted to explore that further. For the record, Mr. Annunziato mentioned the requirement of the traffic signalwhen waYranted, which w culd be shared along - 22- MINUTES - PLANNING AND ZONING BOARD MAY 11, i982 with commercial property owners. He stated that might be an interesting thing to try to accommodate when that time comes. Attorney Wolfe stated that they were aware of that. vote was taken on the motion, and the motion carried 7~0. SITE PLAN Project Name: Agent: Owner: Location: Description: High Ridge Country Club (iClubhouse additiOns) Schwab & Twitty, Architects ~ Peter Paulsen Ralph Biernbaum 2400 Hypoluxo Road, Lantana, Florida Golf Course Clubhouse Expansion Mr. Cannon, Assistant City'Planner, said the site plan comes the Planning and Zoning BOard with a positive recommendation from the Technical Review Board, subject to staff contments. Mr. Cannon informed the Board that the club house±s located on the High Ridge Country Club Golf Course, which lies on the south side of Hypoluxo Road between 1-95 and Congress Avenue, He said the existing clUbhouse covers about 13,800 square feet, and the existing clubhouse is outlined on the site plan? Mr. Cannon said the applicant proposes to add 7,200 square feet to the area. He showed the area, which was shaded on the plan. Mr. Cannon continued by saying the area would contain eight or nine different uses and wOuld include a dining area, card room, a kitchen, and a pro shop, He said the remainder of the site would stay the same. Mr. Cannon advised that the City+s new parking code requires one sPace fo~ 100 square feet for clubhouses. The clubhouse has 21,000 square feet after the addition, so the ordinance would require 210 spaces. ~lr. Cannon told the Board that the parking lot contains 250 spaces so there would be sufficient parking. The main problem with the site plan was that, althought there was an existing parking lot, to properly conform with the Land~ scape Code and Parking Lot Construction Code in.most respects, the site plan does not show required information that allows to determine whether it complies with the Codes. For example, Mr. Cannon pointed out that the site plan did not show the landsCaping in and around the parking lot and did not show parking lot construction information such ss drainage, lighting, and the kind. Mr. Cannon said the plan came to the Planning and Zoning Board with a positive recommendation, subject to the following comment:- Building Dept.: (Bert Keehr, Deputy Bldg. Official) "Upon review of the submi~"tted site plan, be advised of the following cc~nents: Existing parking lot must meet the new landscape ordinance ~nd new parking lot ordinance. - 23 - MINUTES - PLANNING AND ZONINg BOARD MAY il, 1982 Mr. Cannon said the Utilities Department was to send a memo. How? ever the Utilities Director has s±nce retracted his comments, so there were no comments. Peter Paulsen, Architect, Schwab & Twitty Architects, who resides at 301 Baker Drive, west Palm Beach, appeared before the Board, He had a copy of the existing landsCap!ng.~for the present clubhouse. Mr. Paulsen believed the only question that came about was about the southwest side of the parking lot. He said there wasn't the proper hedge installed. At the present time, Mr. Paulsen informed the Board, there is a berm of about three feet high that carries from the clubhouse area west to about where the maintenance building is. Mr. Paulsen stated that the ~embers required it for thei~ own personal reasons. When they arrive at the clubhouse, they all seem to pull up on that side, take a look out to the first "T'~ and see who is there and what they should do at the present time, He informed the Board that there is an abundance of trees. Mr. Paulsen showed the present landscape plans to the Board. Mr. Annunziato thought Mr, Paulsen had to show the Building Department the plan that meets the Codes. He said the City has a new Parking Lot C0nst~cti0n Code, for example, which requires certain materials to ~be submitted, Mr. Annunziato. said it was just a matter of Mr. Paulsen submitting his materials for a permit and having his plans reflect compliance with the Code. Mr. Paulsen tried to have an aerial photograph prepared for this meeting but was unable to get it because of the weather. If they had that available, Mr. Paulsen said they would see that members of the country club had far exceeded any landscape o~dinances that have been enacted, Hie advised that ±f Members ~ook a ride through that site, they would see it was just a picture place. Mr. Paulsen said~they could see what it looks like. Mr. Linkous saw it and thought it was beautiful. Mr. Paulsen said they could see what it looks like with the waterfalls, the landscaping, and the oak trees they brought in, which was a personal request by the construction staff that the landscaping took place, so it was hard to present exactly what was there. Mr. Annunzlato asked Mr~. Paulsen if the number of members would increase, with this addition. Mr. Pau±sen replied that it would not. He said there is a set number. There are 250 members, and that is a fixed amount that will not increase. It is in the By-Laws that the membership will not go beyond 250 male members. Mr. Annunziato asked the question because the parking is based on the number of members that there are. Mr. Paulsen assured Mr. Annunziato that the membership is fixed, 250~members and that is it. It will not increase unless somewhere down the llne; who knows~ 20 years from now. Right now, the members Mr. Paulsen said he is dealing with, have said in the By-Laws that they will. not go beyond 250 members. - 24 - MINUTES - PLANNING AND ZONING BOAPJ Mr. Paulsen said the reason they a~ wished to increase the size for th~ public use at all. Vice Chairman Winter moved that. th~ expansion be approved, subject to: seconded the motion, and the motiol Discussion Palm Beach County Zoning Petitions Chairman Ryder said these petition for reference only since they conc area, which some day may. become mo Mr. Annunziato said the Board had Palm Beach County Zoning Petitions found and the County staff has fou consistent with ~e Comprehensive P municipal u~ilities. In that rega tion, unless the Board sees fit to that there be a motion to receive Mr. Wandelt moved to receive and f Mr. Zive. Chairman Ryder asked if the areas with wa%e~ and sewer who Annunziato said in the instance of of intent to annex. Chairman Ryde instances, they are not contiguous referred to the previous petition Lake Worth Drainage District, tha utilitY services dating back to 19 Motion carried 7-0. Adjournment Mr. Wandelt moved, seconded by Mr motion carried 7-0. The ~eeting % P. M. Patricia Ramseye. Recording Secretary (Two Tapes) MAY 11, 1982 tded to this was that they ~ir private use, and not for golf course clubhouse ;taff connnents. Mr. Hester carried 7-0. 9s 82-69 and 82-~1 were ~presented to the ~Board ~rn the reserve annexation ~e directly involved, ~ report before them concerning 82-69 and 82-71. He said they nd that the requests are lan and-will be served by rd, it was staff's recommenda= explore the issues further, and file the report. [le the ~eport, seconded by it was ~°ntingent on serving do not have it yet. Mr. the PUD~ they signed a letter pointed out that in some as yet. Mr, Annunziato where the pr0pertywas owned by~ t property preViously had Linkous to adjourn, and the 'as properly adjourned at 8:55 - 25-