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Minutes 04-13-82MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ~ZONING BOARD HELD AT CITY HALL, BOYNTON B~%CH, FLORIDA, TUESDAY, APRIL 13, 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 Carmen Annunziato, City Planner, suggested %he Board start the organizational meeting of the Planning and Zoning Board for 1982, ~his being the first meeting following the comprising of the Board in connection With the new Council. Mr. Annunziato expressed his pleasure in seeing that all of the former Members were re- appointed, which he felt~made his job easier. Mr. Annunziato further thought the City benefited by it. Mr. Annunziato opened up the floor for nominations to Chairman at 7:15 P. M. Mr. Zive nominated Simon Ryder as Chairman. The motion was seconded by Mrs. Bond.' Mr. Annunziato asked if there~were any other nominations. There being no other nominations, Mr. Winter moved that the nominations be closed. Motion carried 7-0. Simon Ryder was reelected as Chairman of the Board. Mr. Zive nominated Garry Winter as Vice Chairman, seconded by Mr. Linkous. As there were no other nominations, Chairman Ryder took a vote on the motion, and the motion carried 7-0. Garry Winter was reelected Vice Chairman of the Board. Chairman Ryder commented that apparently they were doing some- thing right because the Board is being held over. He appreciated the votes of confidence of the Board in hawing him back in the seat of Chairman. Chairman Ryder knew he would have the cooperation of the Board, as he had it in the past. He felt the record of attendance the Planning and Zoning Board had was unparalleled, and he did not think any other Advisory~BOard had the attendance record that the Planning and Zoning Board. had. Chairman Ryder felt attendance was very important because if the Board does not get a quorum, everything stops, and the Board cannot conduct business. Chairman Ryder welcomed everyone to the meeting at 7:20 P. M. He introduced the members of the'Board, the City Planner, Assistant City Planner, and the Recording Secretary. Chairman Ryder acknowledged the presence of Councilman Joe deLong and City Manager Peter Cheney in the audience. MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 MINUTES OF MARCH 9, 1982 Mr. Wandelt moved to adopt the minutes as presented, seconded by Mr. Zive. Motion carried 7-0. Announcements Mr. Annunziato referred to the last item on the agenda, which he said was a discussion item and something new to the Board, Based on recent Council actions, Mr. Annunziato said they had been asked to make an~analysis and perhaps offer recommendations with respect to activities for zoning or special exceptions or sub- division approval of any unincorporated area of Palm Beach County within the City's reserve limitation area or service area. Mr. Annunziato believed the Board could'take the item, he would offer an explanation, and the Board can receive and file it, if the Board feels that it is not an item of significance for the City. If it is an item of significance, the Board can conduct their meeting, discuss it at great length and then offer recommendations to the City CoUncil. Chairman Ryder asked if the County actually solicited the Planning and ZOning Board's attention to~ it~ Mr. Annunziato replied that they had. Communications Mr. Wandelt did not know if this was the proper time to bring it up, but he had been watching the project on S. W. 23rd, west of Seacrest, and was disturbed at the amount of' trees that are being knocked down. He asked if anyone was policing it, Mr. Annunziato replied, "Yes." He advised that they have a tree removal permit. The City knows how many trees they have to replace, and they are in a position to remove trees where a public road.s.is going, He assured Chairman Ryder that Kevin Hallahan, Forester, knew about it. City Planner Annunziato informed the Board that tkere was a site plan on tonight's agenda which will provide a full explana- tion. Mr. Wandelt commented that they have been knocking more trees down. Chairman Ryder agreed that you are accustomed to seeing a wooded effect .there and suddenly it does look very naked. Mr. Annunziato informed the Council that, as replacement trees, the applicant may afford themselves the opportunity to.perhaps purchase seedlings from the Forestry Department in contract with one of the local landscape firms, pot the seedlings, and over the period of develop- ment plant and replant similar trees. Mr. Wandelt reiterated that they seemed to be'knocking out a lot of natural landscaping in there. To him, it appeared unnecessary and Mr. Wandelt expressed that'he was really concerned about it. Vice Ch.airman Winter commented that seedlings are one thing but full grown trees are something else. Chairman Ryder thought it was thing they could transplant- too bad that they could not have some- To begin with, i~ would give more - 2 - MINUTES ~- PLANNING AND ZONING BOARD APRIL 13, 1982 shade, foliage, and coverage than the little seedlings that take so long, Chairman Ryder pointed out. Mr. Annunziato clarified .that their landscape plan will provide .for a replacement, if need be, for a large number of trees. TheY show on their site plan, for example, a planting of 280 trees, Mr. Annunziato recalled from memory, on site which would not be seedlings~but regular land- scaped trees consistent with the Landscaping Code. The seedling discussion was something they were trying~t.© put together in addition to, and as a replacement for, some of the trees that had to be removed, Mr. Annunziato further clarified. He assured the Board that the apulicant would still have to meet the Landscaping Code and they would see what the landscaping plan would look like. Mr. Annunziato said it was on the agenda for tonight. Chairman Ryder asked if they had the landscaping plan, .and Mr. Annunziato replied, "Yes," Old Business None. As it was not 7~:30 P. M.~, Mr. Annunziato requested that the Board move to the Discussion Item. Discussion Item Proposed Palm Beach County Petition ~ 82-61 for a Special Exception for a Gasoline Station and Car Wash on the NW corner of Boynton West Rd. and Knuth Rd'. ~ ' Chairman Ryder asked if it'~was opposite the Gallo Plaza. Mr. Annunziato answered that it was cattycornered to it. Chairman Ryder asked what it was called. Mrs, Bond~replied, "Plaza West'." Presumably, Chairman Ryder said it was zoned Commercial. He asked if this would be a permissible'use as it is presently zoned by the County. Mr. Annunziato answered, "That is correct." He added that it is a special exception. Mr. Annunziato said the request was for a special excePtion in Palm Beach County (~the unincorporated area') to construct a Gulf gasoline station with a car wash. ~pparently~, they are~going to have a convenience store in operation in connection with~the gasoline pumps. Mr. Annunziato said there is a requirement for a special exception in this regard. The County is going through a public hearing procedure in connection with the special exception. Mr. Annunziato advised that the Staff has taken the opportunity to evaluate the request based against the County Comprehensive Plan. They found it was consistent with the County Comprehensive Plan. Mr. Annunziato continued by saying the~County made a finding in their plan that the area in the vici~nity, of Knuth Road and 2nd Avenue West (Boynton West Road) is suitable for commercial uses. The plan they provided and some~'of the comments seemed to indicate that it' would be landscaped. Mr. Annunziato said %here were some staff requirements for additional landscaping. The traffic - 3 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 impact is deemed to be not excessive, and Mr. Annunziato thought the County staff would probably recommend that it be approVed. Owing to the consistency of the County Comprehensive Plan, Mr. Annunziato said it also made it consistent with the City's proposals for that area. Chairman Ryder noticed that Oak Tree and Bent Tree were set back. He asked if all of the frontage on-the north side presently was zoned Commercial. Mr. Annunziato said it was not. Chairman Ryder knew i%- was not on the south side. He referred to Lime- tree and~all the others. Mr. Annunziato informed the Board that there was an unusual situation on Boynton West Road. The road is approximately 100 or i10 feet, more or less, south of Lake Worth Drainage District canal system~ Because of that, there.have been some real land use wars which have occurred over that 110 feet. A.lot of the property owners seem to ~hink that_is suitable for strip commercial, Mr. Annunziato continued. He said staff has not supported that position and continues to not support it except for the area east, where it will be heavily commercial. Mr. Annunziato asked the Board~to recall that just recently there was a rezoning to commercial at Lawrence and 2nd Avenue West (Boyn- ton West Road), which he believed was over the objection of staff. Mr. Annunziato said they found it was inconsistent with the County C6mprehensive Plan, but the County Commission voted it in anyhow. Mr. Annunziato stated that it appears that the County Commission has taken the position that that strip of land, at least from Lawrence Road ~ast and the north side of Boynton West Road has some sort of particular attraction to Commercial and perhaps will be zoned in that way in the future, which would be consistent to their past action. Mr. Annunziato was not sure it was consistent to their plan, much less Knuth Road, but the County is apparently zoning it anyhow. Chairman Ryder ascertained that presently the County is treating the north side of 2nd Avenue from Knuth to Lawrence as Commercial. Chairman Ryder added, "to the canal." Mr. Annunziato replied that the County Commission has acted to zone one parcel of land recently to Commercial over that~area which,.i~ the City staff's opinion, is inconsistent with their own Comprehensive Plan and was over the objection of their staff. Chairman Ryder commented that they had decided on something of a limited nature - retail, as a compromise - at Lawrence Road. Mr~ Annunziato did not think there was a great need to forward the item to the City Council, as they had a copy of it. Chairman Ryder thought the Board could come back to it, since they had the introduction, New Business PUBLIC HEARINGS: 7':30 P. M. - 4 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 Chairman Ryder acknowledged the presence of Vice Mayor James Warnke. Abandonment Request Project Name: George J. Cummins, Jr, Abandonment Agent: George J~ Jr. & Joanne Cummins Owner: George J. Jr. & Joanne Cummins Location: 418 SE 4th Ave., Boyn%on Beach, Fl. Description: Abandonment of utility easement Chairman Ryder announced that 'this request, as well as all other requests of this nature, have been legally'advertised for public hearing set for tonight~ and' the people in the immediate vicinity haye-also been informed~of this proposed~request- He asked the Planning Department to bring the Board up-.to-date. Mr. Wandelt asked if anyone was in opposition to the request or anyone in favor of it. If they are not, Mr. Wandelt did not think the Board would have to go into adiscussion of it, as there did not appear to be any objection to it. Chairman'Ryder advised Mr. Wandelt that he did have a letter of objection which he was obliged to read into the Public Records. Since that was the case, Mr. Wandelt wanted to know if there was anybody for or opposed ~to it. A gentleman came forward, Chairman Ryder acknOwledged that apparently, they were going to hear from the applicant. Mr. Wandelt asked if the man was for it and said he would like to make a motion. Before Mr. Wandelt made his motion, Chairman Ryder stated he would have to read the opposition into.the record, He had one question, which appeared to be an insignificant matter. Chairman Ryder ~oted there was an objection on the part of Perry Cessna, Utility Director. Chairman Ryder asked what the purpose of the request was and what was the intent of the applicant in'having the easement abandoned, Mr. Annunziato-addressed.the question~by telling the Board the request was to abandon a three foot utility easement which is currently encumbered with a very shallow sewer linel The sewer line was built to serve those three lots'. There is now one owner of the three lots (Mr. Cummins); and the staff, in recognition of this, agrees with Mr. Cummins that the City no longer needs that easement to accommodate that'sewer line because those three lots can be-served from Fourth Avenue. However, Mr. Annnnziato said they do make the recommendation to'the Board, and it is a strong recommendation, that if this utility easement is to be recommended for abandOnment, that,.the applicant be required to file a unity of title over the three lots so that none of the lots can be separated from the other two. Otherwise, the City could not serve them with sewer. Mr. Annunziato said that was their only comment. Chairman Ryder requested Mr. Canno~ to point out Lots 9 and 10. Chairman Ryder apologized to Mr. Wandelt, as the letter he was referring to in opposition was not this matter but to the next one. Assistant City Planner Tim Cannon pointed out the lots and the existing house. -- 5 -- MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 Apart from the objection of the Utility Director, Perry Cessna, which Chairman Ryder felt could be overcome, he said the Planning Department indicated no objection and other members of the City staff indicated no objections. Mr. George J. Cummins, Jr., P. O. Box 821, Boynton Beach, owner of the land, told the Board that as the lots sit now, Lots 9 and 10's frOntage on 4th Street is 35 feet. The frontage on 4th Avenue is, he believed, 70 feet. The lots are unbuildable at that setback, for fron~tage. Therefore, Mr. Cummins agreed with the Board that the lots should' not be ~separated. He asserted that they cannot be and still be built on~ Mr. Wandelt asked Mr. Cummins if he had a memorandum from the City Engineer and if he agreed with his comments. Mr. Cummins agreed if that was what needed to be done. He just wanted 'to point out that the lots just could not be built on just as they sit. Mrs. Bond asked Mr. Cummins if he intended to build on the lots. Mr. Cummins replied, that he would,like to build on all three of them as just one lot'i He r~ferred, to financing and interest rates. Mr. Linkous was down inspecting the lots with Mr, Cummins. He advised that Mr. Cummins is going to tear down that building, which is a little bit of an eye sore, (Mr~ Cummins said it was built in 1928). Chairman Ryder could not help but agree. For one thing, he tried to get in there and had a hard time getting out. Chair- man Ryder felt the view was kind of dismal ~f the entire SurrOUnd- ing area, That was why he wanted to know just what purpose Mr. Cummins wanted the easement abandoned for. Mr. Cummins stated he wanted it for the future construction of either a duplex or an office building or some comparable structure. Chairman Ryder did not get out of his car because of a "Beware of the Dog" sign. He asked if anyone else wished to speak in favor of the request. There was no response. Chairman Ryder then asked if anyone wished to speak in opposition to the request. There was no response. Mr. Wandelt moved to approve the request for abandonment, seconded by Mr, Zive, providing Mr. Cu~ins would"~agree With ~the comments of the Utility Director, Perry Cessna. Motion carried 7-0. Conditional Use ApproVal Project Name: Agent: Owner: Location: Description: Benjamin Building Supply Ferdoos Pulling Christiane Francois 115 S. Federal Highway~ Boynton. Beach, Fla. Lumber Yard Chairman Ryder informed the Board that this location is in a C-3 commercial zoning district which permits a lumber yard but as a - 6 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 conditional use, Chairman Ryder stated that was why they were having the hearing tonight, to determine' whether ~the application would comply ~with the requirements for a conditional use. Carmen Annunziato, City Planner, advised that the application was a request for a conditional use .of a lumber yard, which may or may not have overstated the issue. Mr. Annunziato thought it was important to point out to the Board that the application has gone through, an evolutionary process, Mr. Ann~nziato continued by saying tha~ the applicant has applied for and has secured an occupational license for a retail merchant to operate, apparently, a hardware store out of the building which has been known as the Golden Phoenix and the Dolphin Bar and, as late as the last year, the City approved a~ si~e plan for a small commercial building over the property, Mr, Annunziato remarked that apparently, the site plan is not going to be built. Mr. Annunziato informed 'the Board that the applicant is a lessee, and it is his. desire to operate, in his words, "a hardware store" and sell items of a nature which are more similar to building supplies than to hardware (at least to the opinion of staff). Mr. Annunziato explained t~hat the reason the applicant was a conditional use was that in discussion, he expressed an interest to sell lumber from the retail outlet. ~n'connection~.wi%h that, the applicant has requested that he be permitted to construct a 3,000 square foot roofed over structure which lies to the rear of the existing building in the proposed format, As you look at the overlay, Mr. Annunziato pointed out that S. E. 1st Avenue is to the south and U. S. 1 is to the east. Just to the north of it is the alley, which serves the gas station, the hotel, and some of the Beane property. Mr. Annunziato further stated that the request was reviewed by the City staf~ and the Technical Review Board made recommendations concerning the technical~ aspects of the plan. Mr. Annunziato said the recommendations would be read into the record. In addition to the review of the technical aspects of the appl.ication, the Planning Staff made comments with.respect to consistency with the Comprehensive Plan for this kind of use and also consistency with the Conditional Use criteria for approval. Mr. ~nnunziato wanted everybody to under- stand that there were two different kinds of review that occurred. He read the following comments: Building Dept,: "1. ,C~mplete site plan should have additional dimensions, 2. Parking lot ~ust ~meet .new ordinance, which would require fc~lr (~4~ more p~rking spaces, ~double ~striping, lining, signs, etc. 3. Sidewalk required on First Avenue to go through driveway, (Mr. Cannon pointed this out for the Board. ) 4. Does not meet the Landscaping Ordinance. MuSt b~ve five foot (5') landscaped area along public right-of-way. One (1) tree every forty (40) lineal feet; thirty-six inch - 7 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 19.82 (36") high hedge a!ong .right-of-way and around parking lot, automatic sprinkler system, etc." Engineering Dept. "1. Paving and drainage plans are incomplete. No elevations are shown and no drainage facilities are identified. Base of 6" rook ~min,.) to be indicated. 2, Existing elevations should be shown. 3. n recent survey by a Regis~ered'!i~I~qnd StLrveyor is required. 4. Roof .drainage to be contained on site." Police Dept. "Subject to security lighting; parking lot lighting; traffic control signs." Public. Works Dept. "See Public Works Department for dumpster location." Fire Dept. "This department has reviewed the site proposed and codes relating to the use of~ this property for lumber storage oper- ations. I find that b~ldings in~ this area would be placed in jeopardy by the type of use proposed. In particular, the construction on Ocean Avenue, in~nediately adjacent to this property, is partially of cc~tmastibte material. Thus, the fire potential in ~this area is greater than what I feel is acceptable to prevent a'-hardship .to adjacent property owners," Mr. Annunziato referred to his comments wi~h respect to %he technical aspects of the application, which Were as follows: Planning Dept. "1. A sidewalk is requ~ed on SE let Avenue. 2. A 45' ~parking bay ~s required for parking stalls, numbers 1 through 4. 3. The parking lot construction is to c~mply with current standards (~r, Annunziato explained that this is based on the ne~ Ordinance. i 4. Four additional pa~king stalls are rec~_.~red." In all fairness to the applicant,-Mr'. Annunziato did not think it was the appll~cant s Intention to'uniquely store lumberl, underneath this structure. It was not clear from his application and, in continuing conversations, Mr. Annugziato said it was apparent that other and additional types of building suPplies may be stored under the structure, He thought pelrhap.s'Ithe Members of the Board should temper their judgment with respect to the additional information. Mr. Annunziato's comments concerning the Conditional Use aspect'of the application were: Planning Dept. "Concerning Comprehensive Plan consistency, please be advised that this request for a conditional use for a lumber yard is inconsistent w~th the action plan for 'Area 3' as noted on page 40 of the Plan. The plan 'for 'Area 3" is to encourage redeve.lo~pme~ for offices, hotels and speciality retail shops. It is i~tended 'that this area develop as a central business district for the City. A' hardware store with iogidental sales of' lumber would be consistent with - 8 - MINUTES - PLANNING AND ZONING BOARD APRIL 13~_1982 the Cc~prehensive Plan policies for ~this area; however, a building supply store'with 3,000 square feet of covered storage and several thousand square feet of additional fenced in area would c~nflict with the C~mprehensive Plan and violate conditions 2, 8 and 10 of the Conditional Use performance standards as listed below." Mr. Annunziato informed the Board that the fOllowing are quotes from the Zoning Ordinance: "2. Off-street parking and loading areas where required, with particular attention to the items in subsection ~d) (1) above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the City as a whole. General compatibility with adjacent properties, and other property in the zoning district. 10. Economic effects on adjacent and nearby proper- ties, and the C~ty as a whole." Planning Dept. (.Cont.) "Since it appears that the site would f~ction mainly as a building supply outlet rather than a hardware store, it is r~ded that the conditional use approval for this site be denied." Chairman Ryder asked if it was the intent to carry on the hardware business in the existing building, Based on conversations with the applicant today and as Mr, Annunziato mentioned to the Board that this has been evolving, Mr. Annunziato informed the Board that it is the applicant's intention to sell, among other things, roof tiles, different kind~s of tiles, electrical and plumbing supplies, bag concrete, and lumber. Mr. Bond asked, "In that little store?" Mr. Annunziato replied, "Well, that store, and in connection with the storage bui'lding," Chairman Ryder asked about the building that used to be the Golden Phoenix Restaurant. That, apparently, becomes the retail outlet, Mr. AnnunZiato advised. Chairman Ryder asked if it was to be the hardware store. Mr. Annunziato thought those were the items that were intended to be sold through the building. Mr. Annunziato thought the question was the same as was raised today again with the applicant, and that was, "What is a hardware store?" Mr. Annunziato felt that was something the Board may want to talk to the applicant about. Saeed Samimi, 2182 - 46th Terrace South, West Palm Beach, Florida 33406 came forward. Chairman Ryder asked ~if he propoSed to utilize the present building as his hardware store. Mr. Samimi answered that it is a very small building, Chairman Ryder inquired of Mr. Samimi what he proposed to do witk it. Mr. Samimi replied, "Make it as a showroom, as a hardware store." Chairman Ryder further inquired, "As is?" Mr. Samimi answered, '"Yes." Chairman Ryder thought Members of the Board were aware of the fact - 9 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 that the existing structure is right back with the sidewalk. There is no legal front setback which pre~ails at the present time, Chairman Ryder informed the Board. Mr. Samimi advised that it has been grandfathered. To answer a few of the questions that were raised by Members of the Board, Mr. Samimi advised that additional dimensions would be made by an architect to be brought in. As far as having four'extra parking spaces, Mr. Samimi said he had a building which is only 1790 square feet. According to law, Mr. Sam±mi said for 200 square feet, he would have to have a parking space, which would require nine parking spaces. By zoning laws, Mr. s~mimi continued, they have one space per 5~000 square feet of storage, which would require ten. Mr. Samimi did not know where t.he other four'spaces would come from. Mr. Samimi pointed out that eight parking spaces were shown, and he might add two more, which would make ten, but he did not know where the other four would come from. He stated it would help his customers and be easier for them, Mr. Samimi referred to No, 3 of the Building Department's require- ments, "Sidewalk required on First Avenue." He advised that would be placed in, As to Noo 4 Of the Building Department's comments, Mr. Samimi pointed it out to the Board and shoWed-where there were four square feet, which would.be mainly grass,, al~/around the building on U. S. 1 and S. E. 1st Avenue. Of course, Mr. S ~am-iml said there was another foot, which he pointed to, where- trees ~ould be placed, and alL.of the trees are 40 linear feet apart, which follOwed~the Zoning Laws that they had verbatim. Mr. Hester asked how there could'be any grass on U. S. 1, Mr. Samimi answered, "Actually, we have grass here, We have the sidewalk, and then I have four feet of grass 'and then I have a.~one~fc~ place for the hedges." Mr, Samimi added that he had exactly five foot. Mr. Hester questioned, "Fr°m the edge of the building to the side- walk?" Mr. Samimi replied, "Right." Chairman Ryder asked if the sto~age shed doors would be open, or if there would be doors. Mr. Samimi told Chairman Ryder that it was proposed right now in a preliminary plan. The final plan had not been proposed yet. Mr. Samimi stated that it was open all around, basically, just to store things under and to keep them awa~ from the rain. If it is required by the City, Mr. Samimi advised that they could put the body around it. Mrs. Bond asked if that would be for lumber. Mr~. Samimi replied, "No. ~t's going to be just for storing materials because this building is pretty small, and you don't h.ave much room for storage." Mrs. Bond understood but she pointed out that Mr. Samimi said he was going to have lumber. Mr. Samimi asserted, "Lumber and other materials that I have to store." Mrs., Bond observed that .lumber comes in very big pieces. Mr. Samimi continued, "I mean', this is in our storage area because it is non-existent. The whole land ~nd the building is less than 1/2 an acre and a 1/2 acre, I cannot operate',~i Mr., Samimi told the Board that an existing building takes away so many - 10 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 square feet of it.as'it is (about 5,000 square feet). Mr. Samimi said there was the parking lot, and he had to allow for drainage of water in the area, and he did not think he could do without it. Chairman Ryder asked, "What is the nature of the street or roadway on the northern side?" He questioned whether it was an alley and if it was privately owned. Mr. A~nunziato advised that it was a publicly owned alley. Chairman Ryder thought it was narrow. Mr. Annunziato said it was ten feet. Mr. Linkous noted that there were some offices there. Mr. Annunziato advised that they were on the same street, to the west. Chairman Ryder pointed out that in addition to some of the requirements for considerations of Conditional Use is the impact on traffic (particularly here when dealing with Federal Highway), the rather narrow alley, and the ef~fect generally on the ii,mediate and surrounding area, which Chairman Ryder felt was something they should consider. As Mr. Linkous saw it, the back of it, on the north side, would not have any traffic. Chairman Ryder asked him how he would stop the traffic. Mr. Linkous asked if there was a road going to the alley, and Chairman Ryder said there was access from the property to the alley~ Mr. Linkous asked whether it was on the east or west~ Vice Chairman Winter informed Mr. Linkous that the alley is between the gas station and this property. Mr. Annunziatio added that there were no physical connections. M_rs. Bond brought out that there would 'be trucks delivering merchandise for the applicant to sell. She asked in what manner would they deliver it and where. Mr. Samimi called the Board's attention to the parking lot, which enters from S, E. 1st Avenue, S. E. 1st Avenue would have all of the traffic taken away from the alley and from U. S. Highway.l~'~,Samimi clarified, Mr. Samimi informed the Board that everything would come through S. E. 1st Avenue, in and out through the par~ing, lot. Mr. S~mimi said it would not congest any traffic pattern at all. As Mr, Linkous understood it, the ingress and-egress would be from S. E. 1st Street, Mr. Samimi said, "Yes." Chairman Ryder pointed out that the other is available at all times. Mr. Samimi continued by saying the existing elevation ~would be placed on the map, again continuing the same pattern, Cha±rman Ryder asked if he was referring to the Engineering comments. Mrs. Bond answered, "Yes.!' Mr. Samimi ~believed so. He~stated~.tha~ ~the paving was basically done through the sub-contractors by the laws of Palm Beach County, which is 6 inches of shell rock.and one inch of paving, It would not be done by Mr. Samimi personally, and even though it is just ripping one inch of paving, Mr. Samim± advised that it is usually done with 6 inches of shell rock. Otherwise, they would not take it, because Mr. Samimi said they would not want to be responsible for it. For it to be guaranteed, it has to be six inches of shell rock and one inch of asphalt. As far as having a recent survey, Mr. Samimi believed his survey was very recent, as it was done on January 4, 1982. Usually, Mr. Samimi thought they were good for six months. Mr. Annunziato - 11 - MINUTES - PLANNING AND ZONING B©ARD APRIL 13, 1982 commented that, in this instance, perhaps Tom Clark, City Engineer, did not see the survey.. Mr. Samimi referred to No. 4 of the 'Engineering Department's comments, "Roof drainage to be contained on site." He believed that all of the gutters would be placed around the shed to have drainage forwarded into the main body of the building, which is near, by the parking lot, so everything would be drained on the site, as was mentioned by the architect. Mr. Linkous asked Mr. S~mimi. if-he agreed with all four of the Engineering Department's comments. Mr..'~Sam'imi advised that the recent survey is there, so he does not agree with that, because it was there. He definitely agreed with the existing elevation being shown. Mr. Linkous noted that~Mr. ~nnunziato indicated that perhaps Tom'Clark, City Engineer, had overlooked that. Mr. Samimi added that paving must definitely be according to the laws. In order to have the machinery, or regular cars going over any site or parking lOt, Mr. Samimi said they ~have to be according to six inches and one inch. Mr. Linkous referred to No. 4 of'the Building Department's comments pertaining to landscaping etc. and asked Mr. Samimi if he agreed to all four of the comments of the Building Department. Actually, Mr..Samimi felt No. 1 of the Building Department's comments and No. 2 of the Eng%neering Department's comments are the same thing. Mr. Sam'iani referred to the four additional parking spaces. Mr. Annunziato noted there seemed to be a question as to how much parking is required. He stated there were three kinds of uses there. Mr, Annunziato advised there is the .building, covered storage, and the remainder of the lot that Mr. Samimi does not show any use of, Mr, Annunziato-'s recommendation, because it is a conditional use, was that they take the worst possible event, which would be outdoor storage-or display of goods for sale. Mr. ~nnunziato said that would require one parking space for 5,000 square feet of paved or unpaved open area, based on the area Mr. Samimi would have. He said he would come ~p with a total of twelve. Mr. Annunziato said that was reflected in the memo from Mr. Bert Keehr; Deputy Building Official, and at'so in his memo. Mr. Samimi could provide no parking lot there, basically because he would need to accommodate his customers as well. Mr. Samimi agreed with the sidewalk. He did not agree with No. 4 of the Building Department's comments because he complied verbatim, letter by letter, to the laws of the City of Boynton Beach to set up. all of the landscaping accordingly. Mr. Annunziato'thought perhaps it was just a matter of explanation to the Building Official. Mr. Samimi called attention to the comment of the Public Works Department regarding'the dumpster. He believed he showed it right on the plan, next to the shed, Mr. Annunziato thought the comment recognized that. He explained that the Public Works Department wanted Mr. Samimi to coordinate the actual location and accessibles with them. Mr. samimi advised that right now, be had to place a - 12 - MINUTES - PLANN~ING AND ZONING BOARD APRIL 13, 1982 parking lot, and when it is built, he can cooperate with the Public Works Department in any way. As far as the Police Department and a report on the lights, Mr. Samim± informed the Board that he would have two flood lights and two extra lights for each door outdoors by the small building. If additional are needed when the shed is built, M~. Samimi said they would be placed on there. Mr. Samim± alluded to the City Planner sending him something pertain- ing to 45 feet for the parking place. He believed the architect made a little Mistake and'showed 44~1/2 feet instead of 45 feet. Mr. Samimi said he would be happy to widen that for another foot. As far as a sidewalk again required'on S. W, ist Avenue, Mr. Samimi believed they agreed'tO that. No. 3 of'the Planning Department's comments (,The parking lot construction is to comply with current standards") was not very clear/to Mr. Samimi because e~erything was based on what he received from the City, and he gave it to his architect to draw up the plans for the parking lot. Mr. Annunziato explained .that the City has a new parking lot construct'ion Code, which became effective approximately three weeks ~ago. He informed Mr. Samimi that~there~'are things in the Code~which he would need to comply with, Mr. Annunziato told Mr. Samimi he had already complied with the greatest issue involved, which was Parking stall size, The rest of it had to do with lighting, drainage, handicapped~ striping, and those 'kinds of things. Chairman Ryder pointed out that the stalls are now 9x18 rather than 10x20. Mr. Linkous asked Mr. Samimi when he made application. Mr. Samimi believed it was March 26t~h. Mr. Linkous wondered if that was prior to the new parking~lot construction code. Mr. Annunziato tried to recall when the second'Council Meeting was held in March, He believed it was the 16th, Mr. Linkous was trying to determine whether there was a grandfather to the application. Chairman Ryder did not know if that would be binding, Mr. Annunziato understood the quest±on was whether it was submitted before the new parking lot construction ordinance. Eis impression was that it was probably a little late~. Mr, ~nnnnziato reiterated that it was a conditional use app~ovat request. He advised~that the Board could, in its recommendation, place stipulations upon the Board that the applicant comply w~th the current standards. Mr. Annunziato said the applicant already complied with the most restricted property standard and, in fact, exceeded it, by having parking stalls of the size sufficient. The remainder of it; the lighting and the elevations, and the drainage, and the striping was up to staff. Mr. Samimi thought that answered his question. Mr. Samimi referred to a statement in the memorandum from Carmen Annunziato, City 'Planner, to File, dated April 5, 1982, which he felt would clarify exactly'-what his.request was from the time that he started this. Mr. Samimi read the statement: "A hardware store with incidental sales of lumber would be'cOnsistent with the Comprehensive Plan policies for this area." Mr. Samimi told the Board that ~as exactly what he had planned, to begin with, MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 Mr. Samimi added, "But no lumber yard." He repeated that that was his original idea of coming to City Hall and having a permit to place some lumber on the land before they decide to put up a shed in order for his incidental customers, when they want one or two pieces of lUmber, to have it handed it to them rather than having the lumber yard. Chairman Ryder commented, "In other words, you have ~xpanded the proposed use by building the shed," Mr, Samimi infOrmed the Board that when he builds the shed, he wants to havelthe storage so that his lUmber and other materials that he wants tolput in there will not be in the rain. Mr. Annunziato thought thiS~ was an important point and what he was alluding to earlier in the meeting. He suggested that perhaps Mr. Samimi could provide fcr the Board what it is he intends to sell at this location. Mr. Samimi advised, "I would say hardware store." Mr. Annunziato requested that Mr. Samimi be more specific. Mr. Samimi stated it was a hardware store, and any hardware store has plumbing; any hardware store has electrical; any hardware store has tools; nd any hardware store has things like roofing materials. (He asked the the Board not get him wrong when he says roofing materials,} £hairman Ryder interrupted to say, "That is not necessarily sc. We have two major hardware stores here in the City, and they. do rot carry building materials; they do not carry l~/~be~.." Chairman Ryder was talking about Tru Value on ~ongr.ess Avenue and the ore at Gulf- stream Mall. Chairman Ryder advised that they do'not carry the things that Mr. Samimi was reciting. They are strictly hardware with tools, bolts, nuts, and that kind of thing, He stressed that they do not carry building materials and they do not carry lumber. Mr. Wandelt wanted to see an elevation plan of what is going to take place. He asked Mr. Samimi what improvements hz was going to make and what he was going to do to beautify this so-called build- ing which is not beautiful at the present time. Three to f~our weeks ago, Mr. Samimi agreed that the place did not ook like "nothing"'. Mr. Samimi said he would,paint it inSide and' outside and beautify it. He said they planned to put a fence around the building, Mr. Wandelt remarked, "Which shows me nothing." Mr. Samimi continued by saying a six foot fence is allowed by the City. They would have four feet of grass area, a sprinkler system, and the trees. Getting back to what is being sold, Mr, Annunziato r~ it was important for the Board'to really understand. all of them in their own minds ~had a picture of what store is. Mr. Annunziato said he also thOught every¢ picture in their own minds of what a building supply ment center is. Mr, Annunziato advised that buildinc are not permitted in a C'3. A hardware store is per~ The outdoor storage of lumber required the conditions Mr. Annunziato told the Board, "Here is the problem. The intention is to sell retail, selling more of the building supplies than the hardware store, at least in my mind." Mr. Annunziato had a mental image of what a hardward store is, and he thought some of the Board Members did to. Mr. Annunziato was not sure that his mental iterated that He said a hardware ne had a or home improve- ~upply outlets i~ted in a C-3, i use approval, - 14 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 picture was the same as the applicant's. When you say building materials, Mr. Samimi retorted, even when you go to Ace Hardware, you can get a lot of fittings for plumbing; you can get a lot of electrical outlets. Mr. Samimi advised that they were all called building materials. Mr. Annunziato said, "Absolutely", and he agreed with Mr. Samimi. Mr. Samimi said you could not really separate them from hardware. Mr, Annunziato thought it was a matter of skill. He told Mr. Samimi he,would not expect to find at a hardware store a~,000~lfoot, roofed over, open.storage area building. Mr. Annunziato had never seen a hardware store in Florida or other places with?.a~s~tup~simi~..~.to th£~. ~ ~ Mr. Samimi offered to put walls around it, which would not be very difficult for him to do. Mr. Annunziato informed Mr. Samimi that if he was a building supply, he would not be permitted to have a C-4 in a C-3 zonewise. If he was a hardware stOre, he would be permitted in a C'3 without any conditional use. If he wanted to store lumber outside, Mr. Annunziato told him he-would require the conditional use, Mr. Samimi pointed out that Mr. Annunziato just answered his question about the cond~itional use. He determined that he could store lumber outside, and that was what the whole story was all about, Chairman Ryder asked~if there was anything new'anyone wanted to add to the matter. If not, he wished to move on. Chairman Ryder 'asked if anyone in the audience wished to speak in favor of the mattter. Christiane Francois, whose parents own the property, said she lived on Spanish River Drive, Ocean Ridge. Ms, Francois told the Board that the area certainly did not look nice now, bui~tdingwise, land- wise, or any way. Ms. Francois thought the appliCant wanted to put a sidewalk in on S. E. 1st Avenue; they want to plant trees all around, south of the building, and they. want to put landscaping along U. S. 1. She asked the Board'what they were looking at now from U. S. 1. She informed the Board they were looking at the back of Bob Beane's building, which is fireproof, and has been an old building. Ms. Francois said she spent three weeks cleaning the place out there. On .the other side, north of it, Ms. Francois stated there was an old building that is halfway condemned. Ms. Francois thought it was better to just go ahead and do something with it. She told the Board they have a five year lease with the applicant, and she really did not think they were going to go in there and make it much worse than it is. Ms. Francois thought they would beautify the place and make it active-~as a~.~business place. Chairman Ryder recalled that the Board gave Ms. Francois approval"to tear down the present building and come up with something else which would look a lot better, Ms. Francois agreedl Chairman Ryder pointed out that she chose not to proceed with it, He said she was talking about making i~ look better, but what she had proposed originally the Board thought would be beneficial. Ms. Francois again agreed. Chairman Ryder repeated that she chose not to do it, and advised - 15 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 that this was an entirely different proposition that she had here now. Ms. Francois repl±ed, "I agree." Ms. Francois would have liked to build the other building also, but it became a question of money and finances which they could not overcome. That is why they rented to the applicant. Otherwise, Ms. Francois agreed totally that she would have much rather built a nice building and a new building¥ but she thought, since they could not do the other, the next possible alternative~would be for the applicant to beautify the area. Ms. Francois added that she thought the applicant was going to provide drainage at the parking lot, which is much needed in the area. When it rains there, Ms. Francois said it is really bad. She thought the Board should consider that it wouid be an improvement. Chairman Ryder asked if anyone wished to speak in behalf of the application. There was no response. He asked if anyone in the audience wished to speak in opposition to' the proposal. Rev. L. Edward Wollenweber, Minister of Boynton B'each Congregational Church, 115 North Federal Highway, Boyn£on Beach, stated that their property was within 400 feet of the subject p~operty, so they received a notice of the public hearing. Rev. Wollenweber was speaking on behalf of the church's Board of Trustees, who asked him to come before the Board and ask the Board to not recommend this conditional use permit. He thought most of the Members of the Board knew that he has been very active in the downtown of Boynton Beach since his arrival here, almost seven years ago. As he has been active in the Chamber of Commerce, Rev.. Wollenweber stated that he was very committed to business and also committed t~ seeing the development of the community and certainlyhOped that the hardware store could find a good place to be and to be successful. Rev. Wollenweber informed the Board that he was also committed to the downtown and has been the Chairman of two organizations that have been devoted to the downtown redsvelopment. The first one is called Downtown Redevelopment Organization and the other is called Commercial Area Revitalization Effort. Rev. Wollenweber did not want his remarks misconstrued, as he cares a great deal about the downtown and about business ±n'Boynton Beach.. He reiterated that he was speaking to the Board on behalf of-the church, who owns property in the downtown and has a heavy commitment, financially and spiritually, to the community. Rev. Wollenweber continued by pointing out that first of all the Board should be aware that this is inconsistent with the Plan. It is requiring a change, and the change that is being asked for is a change to increase the intensity of the use of that property. The difficulty that the City ha~ had to deal with from the very beginning with its efforts to talk about revitalization or to do something in revitalization is that that area is incredibly fragile, Rev, Wollenweber told the Board. Getting an additional load in the additional intensity of the use, Rev. Wollenweber was afraid would seal its fate negatively. MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 Secondly, Rev. Wollenweber called attention~to the fact that the plan or the proposal is inconsistent with all of the proposed plans which have been brought to the Board up to this point, including those plans which were brought by the idea of a panel visit and those plans which, at least, have been~backyard politics or baCkyard conversations. As Carmen Annunziato, City Planner, said to the Board a few moments ago~ Rev. Wollenweber said they want to see the positive growth to focus in the area of offices, hotels, and specialty shops~ Rev. Wollenweber felt that this kind of deVelop- ment would be a deterrent to that kind of hoped for development. For a clear example of that, Rev. Wollenweber recommended the audience drive south on the extension to Seacrest Boulevard in Delray Beach where, he believed was 4th Avenue North, but where Love's Pharmacy is. Rev. Wollenweber said you 'could see that there on the corner, several years ago, Love's Pharmacy invested heavily in a-significant commercial development there, across the street from a very successful lumberyard.~ Rev. Wollenweber continued by saying that the 'lumberyard grew more rapidly 'than the commercial area, and all of the developing C-3 type of commercial has been effectively~ stopped. All of it has gone down. Rev. Wollenweber was concerned abouH Hhe potential fire hazard. He stated that no one knows more Clearly than he about the diIapida~e~pieces of property that Ms. Francois spoke about. The properties owned by Mr. Beane and Mr. Dutch are, in Rev. Wollenweber's opinion, a blighH on the community and need to be eradicated. Rev. Wollenweber felt the faster that could occur, Hhe better it would be for everyone. Speaking specifically to the rules under Which the Board is operating, Rev. Wollenweber's understanding was that a hardware store with incidental use or sale of lumber or building supplies would be permitted. H'e sa~d he would encourage that. Rev. Wollenweber appreciates Dale Hatch and the Western Auto store, immediaHely to their north. He also appreciated their invOlvement and concern for the downtown, but he did not believe the church could consider a 1700 square foot building with a 3,000 square foot shed to be incidental use. Incidental use to Rev. Wollenweber might be something like 10% sales or maybe 15%. If you have a 1780 square foot main building, then look at a 170 square foot shed and maybe you woUld.have some- thing reasonable, Re~. Wollenweber stated; but to talk about a 3,000 foot shed suggests that what you would really have would be a building supply operation which probably, if he could anticipate the movemenH of the conversation since they started talking about a hardware store with incidental use or sale of lumber, and find themselves with a 3,000 square foot shed as the ancillary build- ing which is being developed. Rev. Wollenweber pointed out that they were also seeing the prospect for roofing tiles and other kinds of things. He brought out that it was a potential that you would find that property completely fenced, with ground storage, plastic pipe, roofing tiles, and God knows what else laying around - 17 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 on the ground, not shielded from. view. Rev. Wollenweber predicted they would be stuck with a tiger they could not get rid of. Rev. Wollenweber was really sorry he had to speak in opposition to the development of a business in Boynton Beach. He stated he has spoken in promotion of quite a number of businesses in Boynton, from the Motorola plant to you n~me it, in terms of small organiza- tions. It made Rev. W~llenweber feel sad that that is What has to happen, but he felt zoning was a critical aspect in the positive development of the city and the City had to pay very strict attention to the way they handle-zoning when looking at thiS area, particularly the area of the downtown, which is so fragile. Chairman Ryder asked if anyone else wished to speak in opposition, He read a letter addressed to Mrs. Tereesa Padgett, City Clerk, dated April 5, 1'982, referring to the application,' from Hank Thompson Realty, Inc., 639 East Ocean_Avenue, Suite 309, First Financial Plaza, Boynton Beach. A copy of said letter is attached to these minutes and made a part hereof. CHAIRMAN RYDER CLOSED THE PUBLIC HEARING PHASE OF THE REQUEST FOR CONDITIONAL USE APPROVAL. Mr. Wandelt was not convinced that the present eye sore would be improved by merely opening up another-bu's~ness there. He stated that he could not, in good faith, approve the application. Mr. Hester did not think, from his reading of-~he application, it will just be a building supplies store. Actually, Mr. Hester felt it went back to what Mr. Annunziato said; It will just be a-lumber yard and everything else. Mr. Hester did not think it was compatible with the other areas. He said' the building is small, and if it was a hardware store, he would be all for it, but Mr. Hester did not think the City needed lumber on Ocean Avenue and the Federal Highway.. If it was along the railroad track, Mr. Hester said it might be different, but he felt it was too close'to the main artery of town. Mrs, Bond did not think it was a good lo'cation for lumber, as it would be too near a gasoline station, She pointed out that there was a gasoline station nearby with o~ly a small alleY separating it. Mr. Linkous commented that the Board is to serve all people in the City as well, for and on behalf of the City as well as the appli- cants. Mr. Linkous noted it was the incidental sale of lumber. He wanted a clarification on the incidental sale of lumber, as it would be consistent with the Comprehensive Plan. He asked how they would do that, and repeated that it is consistent with the Comprehensive Plan. Mr. Linkous asked how they would sell lumber without a storage area. Chairman Ryder said what the Board was confronted with, whether it was incidental or not, was the appearance of the shed and the impact that it would have. In other words, Mr. Linkous commented, - 18 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 that is the big objection. To Chairman Ryder's mind it was. As had been mentioned, Chairman Ryder said it was a sensitive area which will be subject and has been subject to study and review in the downtown area. It appeared to Chairman Ryder that adding some- thing like this would definitely be going in the opposite direction of what the City would like to do. Also, going along with it, Chairman Ryder pointed out that~ it would perpetuate the existing building, which he would not like to see happen, as he hoped that eventually that would go. Chairman Ryder called attention to objections by the Fire Depart- ment, who thought it was a fire hazard. The City Planner recommended that this conditional use be denied, and Chairman Ryder felt it Would be in the best interest of the City to deny the application, as it is presently proposed. Mr. Linkous was not saying he was fOr the application, he just wanted a clarifiCation in that the sale of lumber was consistent with the Comprehensive Plan. Fir. Annunziato thought Mr. Linkous was raising an important issue and he wished to offer an explana- tion as to, perhaps, what an incidental~sale means. Mr. Annunziato used Tru Value Hardware Store as an example, which is at 2nd Avenue and Congress. Mr. Annu~ziato said Tru Value does, in fact, sell some paint, some bagged concrete, a minor amount of plumbing supplies, and you might even be able to buy a 2x4 there. Chairman Ryder informed Mr. Annunzlato thatTru Value does not have any lumber. Mr. Annunziato' explained that incidental sales means that the primary thrust of your business .is something other than the sale of lumber or maybe even something other than the sale of building supplies, Certainly, within a fully enclosed building, certainly only as a ser~vice ~n an emergency basis to your customers, but not as a matter of going to buy 2x4s to frame a house, Mr. Annun~iato explained that was not an ancillary facility but a' primary business. If you wanted to go-and-buy one or two 2x4s or something like that, Mr. Annunziato said that might be something you may expect to find at a hardware store. It is not something where you customarily go to buy l~mber~ It may be some- thing to serve an emergency need, Mr. Annunziato further explained. In other words, Mr. Linkous noted, in'limited quantities. Mr. Annunziato replied, "Very, very limited quantities." Mr. Linkous asked if that would be consistent. Mr. Annunziato thought so, Mr. Annunziato thought it would have to be something on the basis of you are working on your house on a Saturday and you found you did not have a 2x4 that you needed, and you go to a store l~ike this, and you would be able to buy one or two, but you certainly -could not order enough~-lumber to frame a house. That, in Mr. Annunziato's mind, would be an accessory use and would certainly have to be enclosed and ~a part of~your~main~str~cture, not even as an accessory structure in your backyard. At least, that was the picture that Mr. Annunziato gets of it. Vice Chairman Winter moved that the request for conditional use approval by Benjamin Building Supply for a lumber yard be denied. The motion was seconded by Mr. Hester. The vote was 7-0 to DENY~the application. - 19 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 SUBDIVISION Master Plan Project Name: Agent: Owner: LoCation: Description: Boynton Isles., Plat No. II Denis Potiris (.Robert E. Owen & Assoc., Inc.) MurPhy Construction Co. SE 7th St. & SE 9th Ave. (NE corner) Boynton Beach 9 lots, residential subdivision Chairman Ryder recalled that the development was not new to the Board because they have had 'Other prelim±nary applications along the line. Carmen Annunziato, City Planner, told the Board the application before them was an application for master plan approval to improve nine lots in the area just north of Greenbriar Drive, east of U. S. 1. Mr. Annunziato said it is east of the Mobile Station and approximately on 7th Avenue. The undeveloped property is owned by Murphy Construction Co. Mr. Annunziato reminded the Board that they saw this as a pre- application, at whiCh time the applicant requested a "T"'turnaround at the Intracoastal end of' the property, more or less. The Board, based on recommendations by the City staff, found that the "T" turnaround would be inconsistent with the subdivision regulation and approved the application, in this instance,.wi~th a cul-de-sac. Mr, Annunziato continued by saying that the applicant applied for a variance to the City Council, requesting that he be able to construct a "T" turnarOund after the preapplication approval. He was subsequently denied by the City Council, Mr. Annunziato informed the Board, and now comes back to the Planning and Zoning Board with a master plan showing a typical cul-de-sac construction route formulation, Mr. Annunziato told the Board there are nine lots in the sub- division, of which.two were previously platted. It is to be re- platted as Boynton ISles, Plat No. lI'. Mr. Annunziato said it comes to the:Planning and Zoning Board with a positive recommendation from the staff, subject to the Engineering Department's memo, which incorporates all of the staff comments, as follows: "1. A fee will be required for recreation in lieu of land and recreation facilities. 2. Street lights will be required, including a~street light at ~_he cul-de-sac. 3. Drainage facilities must provide storage for the first hour of run-off. 4. Approval by the D.E.R. of the storm water out-falls will be Mr. Annunziato had no other comments and remarked that it was a relatively straight forward application. Ron Dixon, of the engineering firm of Robert E. Owen & Associates, Inc., appeared before the Board. - 20 - MINUTES ? PLANNING AND ZONING BOARD APRIL 13, 1982 Mr. Dixon heard the conditions suggested by staff and said they had no problems with them. Mr. Dixon believed-there may have been an error in the matter dealing with the rainfall, when Mr. Annunziato said "an hour of run-off." Mr. Dixon did not think that was what Tom Clark, City Engineer, meant. In any event, Mr-. Dixon informed the Board that it comes under the jurisdiction of the South Florida Water Management District and they would have to get a permit for that and would have to adhere to a'll ©'f their rules and regulations on it, Otherwise, the conditions that City Planner Carmen Annunziato outlined to them were understandable, Mr..Dixon stated, and they knew about them, and they were no problem. Chairman Ryder asked Mr. Dixon, "You have no problem~" Mr. Dixon replied, "No sir." Mr. Wandelt asked what access there was to the lots. Mr. Annunziato advised that there is'a private road. He said it shows but you cannot see it, but it is parallel and adjacent to the canal, south of Sterling Village. Mr. Linkous moved that the master plan be approved, subject to staff comments. The motion was seconded by Mrs. Bond and carried 7-0. Preliminary Plat Project Name: Agent: Owner: Location: Description: Ridge Pointe Woods Villas Ridgewood Builders, Inc. Ridgeway Properties, Inc, SW 23rd'Avenue, Boynton Beach, Fla. 100 units, Planned Unit Development Carmen Annunziato, City Planner, said the application before the Board was for preliminary plat approval for Ridge Pointe Woods Villas PUD. He asked the Board to recall that recently the City Council, based on a recommendation from the Planning and Zoning Board, approved the rezoning to Planned Unit Development' for the master plan for this development. The name was changed. It was formerly Ridge Wood Villas, which the City thought was too close, soundwise, to Ridgewood Estates, a single famil-y subdivision which was previously constructed by the applicant. Mr. Annunziato informed the Board that the preliminary plat is an application which provides for construction plans in an unsigned preliminary plat. He told the Board what they saw before them was the second phase of the preliminary plat~which defines the location of the roads, building locations, and recreational areas, as well as easements, which have to be recorded in favor of the City, and the public utilities. Mr. Annunziato asked Tim Cannon, AssistantCity Planner, to point out where the proposal accesses Golf Road. Mr. Annunziato added that the roadway is somewhat of a modified figure 8. The squares with the numbers in them are in effeCt.the zero outline, fee simple sale unit boundaries, so each group of buildings fo~msa block, and each unit in effect forms a lot, thinking in the terms of a single family subdivision. - 21 - MINUTES - PUNNING AND ZONING BOARD · ~PRIL 13, 1982 Mr,-Annunziato further stated that formed the mechanism by which property is conveyed. All other areas, Other than the property that is conveyed, is common area, Mr. Annunziato continued, which becomes the maintenance responsibility'of the homeowners' associa- tion, including the recreation .area, Concerning the technical aspects Df the application (sewer, water, paving and drainage), Mr. Annunziato asked the Board to~ecall that the applicant was required, and is required ~if he has not included it in his development Plans, to construct a deceleration lane at Golf Road, and to construct a left turn lane at~ the west~ approach. He is also to construct a six foot concrete bike path on Golf Road. Mr. Annunziato advised that the applicant Bas, in his construc- tion drawings, accommodatsd all of those things. Mr. Annunziato told the Board that the application comes with the positive recommendation'from the Cityr staff. There was one rather lengthy memo from Bill Flushing, Assistant City Engineer, to Mr. Annunziato, dated April 9, 1982,' A copy of said Memorandum is attached hereto and made a par~t hereof. The memorandum deals with fifteen technical aspects primarily related to the plat itself, Mr. Annunziato informed the Board. He said a number of them had already been accommodated, and staff met with the applicant's engineer yeSterday (April 12, 1982) and discussed those things that still needed to be accommodated~. Mr. Annunziato said they appear to be major but in effect, they are very ~minor. In Mr. Annunziato's opinion, the most important comment that comes to the Board at this point concerns item 5 of Mr. Annunziato's memo to the file. A copy of Mr. Annunziato's Memorandum dated April 8, 1982 is also attached and made a part hereof. Item 5 was read to the Board by' Mr. Annunziato, as follows: "5. That the land value for recreation .and parks dedication purposes is $46,628.41 based on the recent appraisal submitted by the apPlicant," Mr. Annunziato asked the Board to recall the applicant was granted half credit for his private recreation which~he was to p~ovide on site, The tand~aiue that~:~Mr. Annunziato'-~.proposed in his memo Was based on a recent appraisal which was performed-.within the last few ~onths for marketing and bank purposes. Mr. Annunziato said it turned out to be $46,628.41 per acre land Value or it would come to $6,500.00 per unit. Mr. ~Annunziato informed the Board that staff recommended that t.he preliminary plat be approved subject to~ staff comments. He explained that the remainder of the things a~ things that the applicant either has to add to the plan or offer a clarification of. Mrs. Bond asked what was in the northeast corner. Mr. ~Annunziato replied that it was the access easement which serves as the south entrance to High Point. He added that he received a phone call from one of the officers at High Point Condominium this afternoon (April 13) indicating that they were meeting tpnight and that they - 22 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 had been in contact with the applicant, and that they were meeting to vote on the accep~tance of that easement, Mr. Annunziato again requested the Board to recall that in his comments to the Board in connection with the master plan, he suggested that the applicant attempt to dedicate that access easement to the High Point condominium owners in that it serves their property. Mr. Annunziato pointed out that they obviously could not require that because .it was not in the applicant's purview to cause it to happen, if the property owners did not want it to happen to the north. According to the conversation Mr..Annunziato had width one of the offiCers, they are in favor of it, and it was anticipated that it would be voted on tonight (April 13) and~be voted on positively. Mr, Annunziato anticipated that the Board would probably find that the access easement will be transferred to the High Point condominium owners. Mrs. Bond thought a co~ent was made about a fence along the property to separate it from High Point. She asked if that was still in the plans. Mr. Annunziato answered that there were no plans to construct a fence along the northend of the site. Mr. Linkous recalled that the only thing he thought they were concerned with was water runoff, Mrs, Bond stated that was one of their concerns, Arnold Moretto, Ridgewood Builders, appeared before the Board. Chairman Ryder thought he heard the Board'~s concern~ about the trees. He asked what Mr. Moretto could tell the Board about the trees and what he was going to do in the form of landscaping. Mr. Moretto believed a landscape plan was provided to ~r, AnnunziatO~s office, Mr. Annunziato advised that it would be a part of the site plan. Mr. Wandelt remarked that it sure looked like there would not be very many trees left. Chairman~Ryder recalled that they did wind up with quite a bit of open space for a PUD of this type. Mr. Moretto said they were going to ulace additional trees back in there, They talked~to the Forest Ranger', Kev±n Hallahan, and made some provisions to put additional-trees back in there. He thought there would be 200 or 300 trees going back in, which they agreed on. Chairman Ryder asked Mr. Annunziato to recall what the percentage of open space was on this. He thought perhaps he had it Confused with another one where there was something like 70%, He remarked., "This can't be it." He noted that it was not apparent~ Mr, Wandelt asked if any attempt was'made to purchase the little school. Mr. Moretto replied that there was not. He said they wanted ,a great deal of money for it for the amount of land. It seemed a shame to Mr. Wandelt, Mr. Moretto adwised that they were providing a fence around there and a fence along Golf Road. Chairman Ryder asked Mr. Moretto if he was aware of the stipulations set forth by the City Planner and by other members' of the City staff. He questioned whether Mr. Moretto had any quarrel with those. - 23 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 Mr, Moretto answered that they agreed to 100% of those requirements. He had no objections to any of ~them he could remember right now, not at this point anyway. With regard to BillFlush?ing, Assistant CiHy Engineer's report, Mr. Moretto had no objections whatsoever. Vice Chairman Winter referred~ to Building 17 of Block 17, BloCk 18, and Block 19, He thought they were jammed in there "awful tight" and asked what the density was, Mr. MOretto-informed him it was 7.14 per acre density. Mr. Annunziato thought that was what it was, Vice Chairman winter co~mmented, "And that's supposed to be 70% open area?" Mr. Annunziato explained that the landscaped area is 61.5% of the lot. Mr, Linkous noted a lot of open space on the Southwest corner. Mr. Wandelt asked if buildings ~uld~be within those lot lines. Mr. Moretto explained that they were lot lines. He said that was misleading and told the Board that the rectangles they saw were the lot lines and not the building lines. Mr. Hnnunziato asked Mr. Moretto if the depth of the buildings ran from property line to property line in lots, or is there an area to the lot which is not constructed or built. Mr. Moretto asked if he meant on the back sides, Chairman Ryder said in the rear. In the rear, Mr. Moretto said, there is apprOximately 40 'feet. Chairman Ryder did not mean the setback, he meant within the property lines. Vice Chairman Wi~ter used~.Block 4 as an example and noted he had four lots there. Mr. Winter asked Mr. Moretto what his side lot dimens±ons were. Mr. Moretto believed there was 29 feet between the two buildings there. Vice Chairman Winter said it would depend on what side you were referring to. He asked Mr. Moretto, "On each lot, how much of the area on that particular lot is built on?" Mr. Annunziato wished to answer the question, He told the Board that in all cases, the rear setbacks are 40 feet. The units themselves vary from approximately about 55 feet to 60 feet. The lots are 61 feet, so there are open areas in those squares which are landscaped but do not appear as landscaping on the plat. Mr. Annunziato said the Board would have to look at the site plan to get a feeling for the dimension of the open space. Mr. Moretto told the Board that what Mr. Annunziato was saying was that there are some garden spots in the fronts of all those units that are actually open areas. It is not a solid block. Chairman Ryder asked what the density of the units was, like the ones up at the top. Mr. Moretto answered 6'0 feet. 'Chairman Ryder asked where they got the 40 foot setback. Mr. Annunziato answered~that behind the lots, to the rear property line is the 40 foot setback'. Chairman Ryder was talking about within the rectangles. Mr. Annunziato answered that it was just about to the property line or lot line. He asked Mr, Cannon to point out the lot lines. Chairman Ryder was under the impression' that within the rectangles they did have rear setbacks. Mr. Hnnunziato replied, "Oh no~'' ~ He said the buildings themselves will 'primarily fill the lo% but not exclusively. There will be areas within the lot that are land- scaped, and you can only see that with respect to the preliminary - 24 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 plat. Mr. Annunziato requested Mr. Tim Cannon,~Assistant City Planner, to show the site plan overlay. Chairman-Ryder ~asked if the shaded 'areas were the'actual bUildings. Mr. Mo~etto replied, "Yes." Mr. Moretto called the Board's attention to the little garden areas in the fronts of all of the units, Mr. Linkous commented that it was a little bit deceiving because there was 374,000 square feet of landscaped area. He thought it was deceiviRg because the sketch did not show that, Mr~rMoretto said~it was open area, the streets are open' and fifty feet. Chairman Ryder advised that under a PUD, the developer is not obliged to cOnform'to standard setbacks, which generally gives them unusual treatment rather than the usual checker- board patterns, What is apparently striking to many of the Members of the Board is the fact that the open area is not that apparent. Mr, Moretto said, "That is true." Mr. Annunziato passed a plan for the Board to see. He reminded the Board that the actual approval is for a preliminary plat. With particular reference to the northern boundary and the eastern boundary, Mr. Linkous thought they showed more landsCape area than indicated. The BOard reviewed the plan. Chairman Ryder understood there was considerable ~interest involved from the standpoint of the prospect of b~yers. He asked Mr. Moretto if any questions had been raised about the overall plan. Mr. Moretto replied, "Not at this point. ~e don't seem to have any." Mr. Moretto could not recall that any questions had been raised. Mr. Annunziato repeated that it was not a master plan approval, He pointed out that the density'was consistent with and similar (_perhaps a little less) to the density of the north. Chairman Ryder said Mr. Annunziato was referring to High Point. Mrs. Bond moved that the preliminary plat for Ridge Pointe Woods Villas be approved, subject to staff comments~. The motion was seconded by Mr. Hester and carried'5-2 with Vice Chairman Winter and Mr, Wandelt voting against the motion. Site Plan Project Name: Ridge Pointe Woods Villas Agent: Ridgewood Builders, Inc. Owner: Ridgeway Properties, Inc. Location: SW 23rd Avenue, Boynton Beach, Fla. Description: 100 units, Planned ~Unit Development Mr. Tim Cannon, ASsistant City Planner, advised that the site plan came to the Planning and Zoning Board with a positive recommenda- tion, subject to staff comments. He said the layout was similar to the master plan with 100 multi-famil~ dwel~ling units. Mr. cannon stated they were actually condominiums and~ are all one story build- ings. Access to the buildings is by private drives, and there is parking underneath the building. - 25 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 The major feature on the site plan that is not'~on the master plan is landscaping. Mr. Cannon advised that the landscaping plan states that there will a total of 400 trees on the site and the existing 200 pine trees will remain after clearing. Mr. Cannon further said that there will be a combination of accent'trees and~shade trees for each building. He said there will be a fence along Sea- crest Boulevard. and along Golf Road. IH will be a six foot high decorative fence with landscaping, The recreational facilities are mostly the same, Mr. Cannon informed the Board. There are four shuffleboard courts, a 1,000 square foot swimming pool, 1700 square foot recreational building and barbeque area, and a jogging area all around the perimeter of the site. In addition, Mr. Cannon'said there is a six foot bike path which will be reconstructed along Golf Road. The only commentson the site plan are from~ the Building Department, as fOllows: "1. Board of Health pea~it will be required. 2. County turn-out permit will be required." Mr. Cannon said. that was Hhe extent of the Technical Review Board's comments. Chairman Ryder asked Mr. Moretto. if he was aware of those two comments, and he said he was. Mr. Annunziato wanted to point out the effect of the wall along Golf Road and Seacrestl He thought the Board would be interested in, the nature of the wall. Chair- man Ryder liked the ideaof variegated treatment. Mr. Annunziato continued by saying iH is variegated, and in some of the variega- tions~ you will find the landscaping or a bench. These will be directed to the six foot bike path which ex~ists. Mr. Annunziato thought it would provide the City with a very attractive view of that corner. Mr. AnnUnziato further said that the onsite land- scaping is also quite abundant. ~e~ said the applicant is required to replace~as many trees as'he takes down. The City will be continually monitoring this. The applic-ant is aware of it; the forester is aware of it, and Mr. Annunziato said it was the City's distinct hope that the area will be landscaped consistent with the way it existed prior to as many trees as were there. Mr. Wandelt asked how that could be enforced. Mr. Annunziato replied that there is also the issue of consistency with the Tree Code, which they would have to secure a permit from, Mr. Annunziato also pointed out that the applicant had obligations too. Mr. Wandelt asked if they posted a~bond. Mr. Annunziato answered that there was no bond. Mr. Moretto added that if they did not conform, they probably would not give him a C.O. Mr. Annunziato thought the Board would find the effect of the wall interesting. He felt it would really enhance the corner. Mr. Annunziato'also thought it would add some sort of pedestrian effect. Mr. Linkous and Mrs. Bond thought it would be attractive. In addition to the opening that is being landscaped, Mr. Annunziato pointed out that each unit will have landscaping and along the exposed side, plus the entrance feature, is landscaped. - 26 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 Chairman Ryder noted that it had not been before the Community Appearance Board, Mr. Hester~moved to approve the site plan, subject to staff comments. The mOtion was seconded~by'Mrs, Bond and .carried 5-2 with Vice Chairman Winter and Mr. Wandelt voting against the motion. Project Name: Silverlake Estates ~UD) Agent: James M. Reinders Owner: Ronto Developments Florida Location: SW Corner of Golf Rd. and Congress Ave., BoyntOn Beach Description: Masonry Wall Chairman Ryder said this was originally known as Cranbrook. Mr. Tim Cannon, Assistant City Planner, informed the Board that the site plan comes with a positive recommendation from the Technical Review Board, subject to staff comments. It- is a plan for a six foot high stucco wall to extend along the west side'of Congress Avenue. There is an existing wall, which was built by the developer of Cranbrook Lake Estates'PUD. It ~was found, however, that the wall conflicted with future sidewalk elevations that would exist after Cong~ress Avenue was Widened, ~The new developer is correcting the problem by replacing the wall, Mr. Cannon continued, The engineer for the developer examined typical sections for other segments of Congress Avenue to try to ascertain where the.alternate right~o~way 'is going to he and where the alternate location of the sidewalk is going %o be. Mr. Cannon said there were' no plans for this particular segment of Congress, so they had to go by sections for other sections of Congress. The entire length of the walllwill be landscaped, according to the Landscape Code, and. the sprinkler system will be installed to water all of the landscaping. Comments on the site plan were as follows: Building Dept.: (Bert Keehr, Deputy Building Official} "Upon review of the site plan sUtx~itted, please find the following cc~nents: It would be this office's recc~mendation that the developer contact the County Road COmmission, as there w~uld appear ~to be a conflict of construction, if and when the county widens Congres~ at this point. Accordingly, this is relative to elevation of footer and construction roc~ 'available for equipment. Utility Dept,: (Mark G, Law, Utilities S~stems Supervisor) "I reviewed the site plan for the above. The developer does not show the existing 20'.eas~ent and the 36" force main within that easement.~ The Utilities Department will require a written agreement releasing the City of Boynton Beach frc~ any restoration - 27 - ~ MINHTES - PLANNING AND ZONING BQARD APRIL 13, 1982 to the block wall or landscaping that might be required should repairs need to· be ~ade on the existing ~ force main." Mr. Annunziato informed the Board of the historical basis of the request. One of the reasons that.section of Congress was never landscaped in connection with Cranbrook Lake Estates was because the wall that was there was placed on a mound. The existing wall was in conflict with the proposed sidewalk elevation of a typical Congress Avenue crossing, Which meant a corner of the wall would have been exposed. There were conversations between the developer and the County Engineer, such as lawsuits, and-the County would not issue a permit to the apulicant to landscape the ar~a. A stalemate ensued, Mr. Annunziato continued, Mr. Annunziato further informed the Board that the prior developer sold the property to Ronto. Ronto is now coming in with a plan which they believe is acceptable to the .County with respect to the elevation of the footers. It involves reconstructing the wall, Mr. Annunziato told the Board. It is somewhat to the west, considerably deeper so it will not be exposed, and footers will not be exposed, as the elevation of the sidewalk reduces the mound. Mr. Annunziato said that was the basis for the application. He said Mr. Law's colm~ents about'the "hold harmless" agreement were quite common. Chairman Ryder asked who puts in the sidewalk and when would that get done, Mr. Annunziato replied that the sidewalk would be done by the County in connection with the development of Congress. Chairman Ryder' questioned whether there would be any problem with the County doing it rather than having the developer do it. Mr. Annunziato answered that the sidewalk was never an issue in connec- tion with the master plan, Perhaps'it should have been. Mr. Annunziato~could not be positive that it should be required at this time as it was something that the staff did not address. He said the Board may or may not want to address it. Chairman Ryder could see from what they are doing further up on Congress Avenue where existing sidewalks have to go. He could understand and noted that there was no sidewalk there at all. Chairman Ryder asked 'Mr. Annunzia%o if he felt it would be a promised obligation to put the sidewalk in. Mr. Annunziato's impression was that had the idea~of the issue of .a sidewalk been incorporated in connection with the.master plan approval of the PUD five or six years ago, it probably would have been a good idea at that time. Right now, Mr. AnnUnziato thought the sidewalk probably would not go anywhere for a long time. He stated that the area is served on the east side by a bike path. Mr. Annunziato added that by the time the sidewalk would be connected, it would probably ha~e to be d~mOlished in connection with the Congress Avenue reconstruction. Mr. Wandelt asked if the wall was going to be moved west, The wall that is there is going to be demolished, Mr. Annunziato replied. - 28- MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 James M. Reinders, 2507 S. W. 23rd Drive, Boynton Beach, Agent, appeared on behalf of the applicant, Ronto Developments. He stated he was aware of the staff comments. With respect to the comments of the Utilities Department, Mr. Reinders said he would be more than happy to provide, as in his condition for approval, a form of agreement satisfactory to the City Council with respect to the hold harmless. Mr. Reinders did not think they had any major problems. To the best of Mr. Reinders' k~owledge, the situs of the wall is still seven or eight feet from the actual force main itself. He was sure they had no problems and were not apt to have any problems, but if there are they would take care of them. Mr. wandelt moved to approve the site plan, subject to staff comments. Mr. · LinkOus seconded the m~otion, and motion carried 7-0. Project Name: Agent: Owner: Location: Description: Meadows 300 - Tract "B" Julian T. Bryan, III C & H Properties Westside Congress Ave., 3/4 mi. south of Hypoluxo Road 86 units cluster housing, plus recreational facilities Chairman Ryder informed the Board that this was on the west side on Congress Avenue, south of Hypoluxo Road, and opposite Boyn'ton Lakes. Tim Cannon, Assistant City Planner, said the plan came to the Board with a positive recommendation from staff, subject to staff comments. Tract "B" of the Meadows 300 would be developed as 86 single family,fee simple lots, Mr. Cannon told the Board. Mr. Cannon showed the plan and said the location was along the south side of the main loop drive of the PUD and about 1,000 feet west of Congress Avenue. He said all of the lots are lot line lots, meaning that the building envelope (which is the dashed tine side of each lot) is pushed all the way over to one side of~the lot, which would allow each property owner to have a 12~1/2 foot side yard, whiCh is more useable than a conventional side yard. M~ Cannon said the rear setback lines a~e relaxed' from the typical 25 feet to 15 feet, which are allowable under PUD zoning. Mr, Cannon continued~by saying that all of the streets are public streets and have 60 foot right~of-ways and 22 foot pavement. As for the size of the lots, Mr. Cannon believed that most of the lots are either 55x100 or 60x100. None are less than 5500 sqare feet. Mr. Cannon said each unit would be one story and would have a garage and two bedrooms. The outside wall would be a solid wall without doors or windows, except for a thick glass window, which would insure privacy in spite of the zero lot tine. Recreation facilities for the plan would consist of a 35,000 square foot common area with three access paths. In the middle of the - 29 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 common area, there would be an 800 square foOt swimming pool and a rest room, Mr. Cannon continued. On Meadows Boulevard, to buffer the houses from the BoulevardT, there will be a six foot masonry wall. Apart from landscaping~ that is addressed in the City Planner's comments, Mr. Cannon advised. He read the staff comments as follows: Building Dept. "1. Parking required for pool area; three (3) spaces.2. Sidewalks required. 3. No roof overhang on zero lot line." City planner: "1. The rear setback on all lots adjacent to MeadOWs Boulevard must be twenty-five (25) feet consistent with the PUD ordinance. (Mr, Cannon explained that these lots on Meadows Boulevard are thru lot-s so they have to main- tain the twenty-five foot setback on both sides. ) 2. The front yard setbacks on lots 48, 53, 58 and 66 must bs twenty-five (25) feet consistent with the PUD ordinance. (Mr. Cannon pointed to setbacks which were 12-1/2 feet. ) 3. Suggest applicant provide a landscaping plan for the common area. 4. Suggest applicant provide a typical landscape plan for cluster houses. 5. Sprinkler syStems are not optional." Mr. Cannon said the feeling of 'the Planning Department with regard to landscaping is that since it is clustered housing, they would have to be consistent with the Landscape Code. They are not conventional lots and have to be landscaped'by the developer. Mr. Annunziato advised that several years ago, the applicant, C & H Properties, came to the Citylwith a request for rezoning to a planned development of the Meadows PUD. Some of the members on the Board would probably recall that., Mr. Annunziato continued. The Meadows 300 Master Plan divided up tracts'of land by ~alPhabetical definitions such as Tract A, Tract B, etc. Tract-B was planned at the time of that master plan approval to provide zero tot~line cluster housing. Mr. Annunziato told.the.Board they were seeing that now in the form of a site plan. The Board saw it previously in the form of a preliminary plat. In addition to the master plan, the preliminary plat provided for publicly dedicated rights-of-way and not standard single family logs, the idea being that the houses would be nestled against one property line consistent with the master plan approval. In the PUD, Mr. Annunziato said ~that was what the site plan attempts to provide for. Mr. Annunziato said they had the remainder of the site plan application which shows how the buildings fit on the lots. The lots will be sold fee simple. One wall would be very close to the zero property line, leaving approximately 12-1/2'to 15 feet or the combination of both setbacks on one side of the building. Mr. Annunziato thought it was the first time the Board had an applica- tion like this. - 30 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 Mr. Annunziato said it was a concept that was not that new but one which is receiving Hremendous acceptance. Chairman Ryder referred to Mirror Lakes on Military Trail, Mr. Annunziato believed that these lots would be larger than that and' stated that the homes were going tO be bigger. M~. Bond noted some were on the canal ~and asked how they would be treated. She asked if it would be left that way or if a wall or something would be there in the event there are children. She felt it could be ~very dangerous. Mr. Annunziato did not think the applicant had any intention, at this point, of providing any protection along the canal. He suspected that if there was an individual homeowner who had a pool or children, it would be his responsibility to construCt a fence. Mr. Cannon advised that he made a mistake, in that he forgot to read the comments from John Wildner, Park Superintendent, which are part of the staff comments: Recreation and Parks: (John Wildner, Park Superin- tendent) "During our review of the site ~lan f~r Tract B of the Meadows '300' Subdivision, we noticed that' pre~ary plans merely call for the construction of two small swimming pools as the only recreational facilities to be pr~ided during initial phases of this proj ect.~ While the master plan does call for substantially mere recreational facil±t±es in later phases, no 'indication is ~ade as to when these facilities will be construc~ ted. Since Tracts A & B cembined will have over 200 dwelling units, it is possible that more than 500 new residents may have only limited recreational facilities for an extended period of time. It is recc~mended that the developer be requir~ to begin develC~Xnent 'of planned recreational facilities in ~djacent tracts at the same time he constructs both Tracts A & B." Mr. Cannon showed an overall view of the southern part of the Meadows 300 and pointed out Tract A, which~was approved recently. He also showed Tract B and one of the major recreational areas for the site. Chairman Ryder pointed out .that the recommendation was that the developer be required to begin development of planned recreational facilities in adjacent tracts at the same time he constructs Tracts A and B.' If he does tha~' ~nd he does not develop the other tracts~ Chairman~Ryder remarked that they would be out in the wilderness. However, he thought some safeguards should be provided in the event he'does not proceed. Chairman 'Ryder reminded the BOard that this has happened before, so there should be some safeguard so if he does not proceed beyond Tracts A and B, the unit owners here would have adequate recreational facilities. With respect to the location of the park and the location of other public improvements, Mr. Annunziato advised that the applicant did have his preliminary plat ~pproved for Phase I, which provides for the construction of Meadows Boulevard through Tract D, which ms considerably past the proposed first master recreation area. - 31 - MINUTES ~ PLANNING AND ZONING BOARD APRIL 13, 1982 Mr. Annunziato thought this would be an appropriate time to construct the first major recreation area in connection with this plan. Chairman Ryder asked if there would be access. Mr. Annunziato replied, "Yes. It is actually cattycornered from the northwest corner of Tract'B.'' Chairman RYder and Mr. Annunziato both felt it was a practical solution. .Mr. Annunziato said if the project is not developed entirely or if it develops very slowly, the residents have the availability to the club house and the ~ennis courts. Chairman Ryder thought everyone was familiar with the fact that those possibilities always exist. Mr. Zive asked if anything had been'built so far. Mr. Annunziato replied that nothing has been built' thusfar. HoWever, he advised that the f±nal plat has been approved and recorded. The City is holding a development' bond,.and he'thought these major recreation areas were in the development bond. The-development bond' is! in the nla~ur~ of $1,500,000.00 solar, Mr, Annunziato further advised, Mrs. Bond asked if there is an overgrowth of plant life in the canal, whose responsibility would it be to clean it. Mr. Annunziato replied that it was a public canal, It is Lake Worth Drainage District's Canal 20. The on-site drainage of lakes and canals.are the responsibility of the homeowners for maintenance. Chairman Ryder asked if Mr, Bryan, Agent for Meadows 300 was present. Mr, Annunziato said he was not, and there must be something unusual for him not to be here, as he had talked to Mr, Bryan yesterday~i~_ ViCe Chairman Winters asked what the denSity was. Mr. Linkous informed him it was 4.7, which he thought was~better than 7.14. Mr. Annunziato added that the density was 4.8 when it was created for the overall PUD. It appeared to Mr. Wandelt that the City was getting more congested all of the time, and cutting lots all the way down and causing people to fight more because there is less area. Julian T? Bryan, III, Agent for Meadows 300~ apologized for being late, Chairman Ryder informed hum that the Board was discussing the matter of providing the other recreational facilities for the adjacent property. Mr. Bryan saw no problem in tying that in with, perhaps, certificates of occupancy of a certain number of units because, as a practical matter, the certificates of occupancy would tell them when people will be occupying the units, therefore, generating the need for the recreation facilities. Chairman Ryder thought he had about 200~in A and B. Mr.. Bryan stated that each of those would have a small facility that would fulfill some of the needs of-those particular residents. There would at least be a swimming pool and a cabana, sunbathing, etc. It ~ould not, however, address the question of tennis courts, Mr. Bryan continued. Mr, Bryan said they were somewhat open. Obviously, Mr. Bryan said they would like not to construct it until there is reall~ a demonstrative demand in the form of a certain number of residents. Chairman Ryder advised that the Board'-was concerned with the possibility that you may have all the unit owners in there and still something might happen and the other tracts will not go forward. - 32 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 What Mr. Bryan had seen done in that case (for example land develop- ment type items) is either bond those improvements to insure that they are constructed either by the developer or the City, if necessary, or recommend that no more than a certain number of certi- ficates of occupancy are issued for Tracts A and B until the facility is completed and it has a C. O. Mr. Annunziato understood Mr. Bryan's concern, and stated it was a real one. However, Mr. Annunziato thought that there are certain facilities proposed in the park which can be ccmLmenced. He was talking particularly in connection withthe units in Tract B, which he,thought would ~be needed immediately to supplement the two recreational areas in Tracts A and B. Mr. Annunziato continued by recommending (and saying it was also the recommendation of Mr. Wilder) that the applicant commence construction of the recreation area in connection with construction of Tract B, or the units of Tract B. Mr, Annunziato thought it~was still a good recommenda- tion because he thought then, the developer would be in a position to provide recreation facilities which compliment what he has to build on site. Chairman Ryder asked if it would be adjacent to A and B. Mr. Annunziato answered, "Yes." Chairman Ryder asked why the Board could not go with that stipulation. Mr. Zive wanted Mr. Bryan to be bonded that he would do this after so many units are built. He sa±d let Mr. Bryan go.'for a bond that he will build it. Mr. Zive stated that he had experience in his condominium· where the fellOw'went broke, so they~had to build their own clubhouse. All of the buildings were up, and the builder practically did nothing,~ Before he ~would-OK the plan, Mr. Zive would demand a bond that he be bonded to see that he builds ~he recreation area after about half of them are done. Chairman Ryder advised that some of the members would like to see it done now on this particular one rather than go into bonding. Mr. Linkous thought-Mr. Bryan's perspective of sales would be contingent. Being a former developer, he believed that the people he sells to will demand and make sure they do that. Mr. Zive emphatically said that people demand and de~and and they still do not get anything. Mrs. Bond agreed. Mr. Z'ive reiterated that he would like'to see that something is done and the people get a break. He stated that he has had experience with developers, and he thought the Board had been too pleasant. Chairman Ryder noted that it talked abOut several recreational facilities. At this point, Chairman Ryder felt should require that the recreational facility be developed which is adjacent to A and B? He thought that would serve the purpose. In ~Mr, AnnunziatO's opinion, he thought they should expect the developer to commence construction in connection with his first unit in '~B" and complete it no later.~than the last unit in "B". Mr. Bryan commented that would make it very ~iffiCult for ~them, to commence construction on %he model, ~because then that Would trigger the requirement. Of course, Mr. Bryan said, the model might be substantially for four production units, based on the market at - 33 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1R82 this present time. Chairman Ryder did not understand. Mr. Bryan explained that you build a model home, and~there may be some time between the completion of the model (for example, four months), and it may be some time before the real estate market makes a turn- around to have sales and legitimate users of the facilities. Mr. Bryan reiterated that he thought it would be a hardship on them to request that they immediately trigger the construction of that facilityj in light of the fact that they are trying to have some kind of reasonably affordable housing there. Mr. Annunziato asked Mr. Bryan if he recalled whether or not that first tract was made a part of the development bond. Mr. Bryan doubted very seriously that it was included in the bond. He would like to say that it was because .that would solve his problem, but he doubted very seriously that it was included with the bond. Mr. Bryan said perhaps they would build a model, and it is not un- common for them to build two, three or four "spec" houses, Certainly, with the interest rates, they were not going to build any more than that. After the fifth house, for example, .Mr. Bryan said it would certainly not put any burden on recreational facilities, but say, before the fifth permit is pulled, construc- tion would commence, and before-the sixth, a certificate of occupancy was issued', it would be completed. Mr. Bryan advised that it really needed to be tied to C. O.s for the completion of it because that is when the people literally would be on the site, using it. Mr. Bryan suggested that the Board work with them and recognize the problems they would have. He said they would do the same with the City. He advised 'that t±mes are slow, and it was not like several years~aqOwhen~thefonly concern people had was how quickly they could get their building permits. Right now, Mr. Bryan told the Board, you certainly do not need very many building permits, because there is no one to sell the units to, Chairman Ryder told Mr. Bryan he should have a specific plan or program when he appears before the City Council as to how he will proceed with the recreation facility. Mr. Bryan wanted to avoid trying to appear as a horse trader before Council, because~he was not trying to do that. Chairman Ryder advised him that when he appears before the Council, the C±ty Attorney will also be present. Chairman Ryder thought the Board shouldrecommend to the Council that the applicant guarantee, to the satisfaction of the Council, with regard to the development, additional facilities. He asked what Mr. Annunziato 'thought~ Mr. Annunziato asked if the recommenda- tion to the Council ~as subject to staff comments. Chairman Ryder said it was, except the Board was modifying the staff comment in that regard. He thought the Board could approve it, subject to staff comments, except in this particular instance the developer woUld be required to come up with some kind of guarantee that would meet with the approval of the Council. For the benefit of the developer, Mr. Linkous th?ught they could stipulate five before the~certifiCate of occupancy is given, they be started. He asked if that would help. Chairman Ryder asked if they were talking about 200 units in both A and B. Vice Chairman - 34 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 Winter pointed out that one little park area would serve 700 units. Mr. Bryan asked the Board not to lose sight of the fact that originally, when the PUD was approved and he was involved With it, they had two major recreational facili'ties of park size that were donated to the City, fee simple, then they came back and added two additional sites that they are doing on-s~te improvements to. Mr. Bryan told the Board'they now ~have four on-site recreation facilities. He said they do not control What the City might do with their two parcels and did not know if the City's budget was capable of dealing with it right now, Mrs. Bryan repeated~that there are four tracts plus they are putting on-site facilities on the higher density parcels, as demonstrated. Mr. Winter called attention to' the size of the swimming pool serving 86 units, He thought it seemed very inadequate for the size of the development put there. Chairman'~Ryder asked if "A" had some- thing similar. Mr. Bryan replied, "Yes." Mr. Annunziato suggested that the Board recommend the plan, subject to staff comments. In the interim, if the applicant had some particular need to modify that recommendation, let-'him come before the Council with some program that guarantees recreation is going to be constructed. Mr. Annunziato thought the applicant understood the concern the Board has. Chairman Ryder commented that it would give Mr, Bryan time to work out something. Mr. Bryan stated that it was perfectly acceptabl!e to them, He said if the Board wanted to make a recommendation .that it ~be tied to a performance bond or some standard of numbers of dWellings, they would certainly not.have a problem with that. He told the Board it was their perogative to make those kind of recommendations. Without some guide, Mr.~ Bryan said they may have the whole discussion again at the Council level. He thought perhaps the Board should give some idea of how they felt. Mr. Annunziato repeated that the staff recommended that they commence construction in-connection with. the initial development of Tract "B". He Said that was the staff's position, as represented by the Recreation and Parks'Park Superviso~ Beyond that, Mr~ Annunziato said it would be up to_the Board. Chairman Ryder thought it was an important decision. Mr. Zive asked how many buildings were on Tract "B" Mr. Bryan answered, "86 single family units." Mr. Linkous asked what Mr. Bryan's estimated cost of the completion of the recreation area was. Mr. Bryan answered, "$175,000.00 to $200,000,00 as a ball park figure, off the top of ~y head. M~.-~Linkous said they'were- look~ ing at $370,000~00 to $350,000.00. Mr. Linkous estimated that it was 30% of the cost, so it seemed to him that, on the basis of that, $150,000.00. He said he just threw that figure out. He said it may be $100,000.00. Mr. Bryan told Mr. Linkous he was very close. Chairman Ryder thought there would still be a problem with the Council because they will be aware of the concern of the things discussed at this meeting. He recommended that the Board go with the staff comments, which would give Mr.:~ryan the opportunity to - 35 - MINUTES - PLANNING AND ZONING BOARD APRIL 13, 1982 come up with ~omething the Council might consider as a satisfactory alternate. Mr. Hester moved to approve the site plan, subject to staff comments. Mr. Linkous seconded the motion, and the motion carried 4-3 with Vice Chairman Winter, Mr. Wandelt, and Mr. Zive voting against the motion. Discussion Item Proposed Palm Beach County Petition ~82-61 for a Special Exception for a Gasoline Station and Car Wash on the NW corner of Boynton West Rd. and Knuth Rd. Chairman Ryder asked Mr. Annunz±ato if there was anything further the Board had to do with this. Mr. Annunziato advised that it was an item consistent with the County Comprehensive Plan. In this instance, Mr. Annunziato recommended that the Board should receive it and place it on file. However, he said it was up %o the Board. Mr. Wandelt moved to accept the analysis and place it on file. The motion was seconded by Mr. Linkous and cart±ed 7-0. ADJOURNMENT Mr, Wandelt moved, seconded by Mr'. Zive, to adjourn., and the meet- ing properly adjourned at 9:4'5 P, M. Respectfully submitted, Patricia Ramseyer 7 Recording Secretary (Three Tapes ~ - 36 - THOMPSON REALTY, INC. 639 E. OCEAN AV~ SUITE 30~ FIRST FINANCIAL PLAZA P. O. DRAWER Z, B(3YNTON BEACH, FLA. 33435 April 5, 1982 Mrs. Tereesa Padgett, City Clerk City of Boynton Beach Boynton Beach, Florida 33435 PHONE 7374900 PHONE 732-9754. ~t/!*APPENDAGE TO P&Z "M/N. 4/13/82 see p. 18 RE' .Public Hearing E ½ of Lot 11 and.Lots 12, 13 & 14 less'the R/W for U.S. Highway #I, Block 7, Original Town of Boynton, Plat Book 1, Page 23, Palm Beach County Records. Dear Mrs. Padgett: I should like to question the advisability of granting the conditional use as stated in.the caption above. Although I would no~ normally quarell with the granting of conditional; usage available to C-3 zoned property; in this case a lumber yard along with the facets of its logistics - to include incoming freight - trucks - traffic congestion .- is far from the desired highest and best usage of the property. As for avenues of traffic, the north boundry of the property is only a 20 foot alley, while the south boundry (S.E. 1st Avenue) is actually a non-conforming 40 foot width. Present street minimal requirements are 50 feet. HET:eo It would be my opinion that in this close' proximity to the Ocean Avenue traffic light intersection, the congestion could become extremely detrimental and hazardous to normal traffic flow in~"this area. During peak traffic hours now at noon time a~nd between 4'45 and 5'00 pm we have traffic backed up sometimes 2- 3 blocks southward from the intersection of Ocean Avenue and U, S. Highway #1. I would speak against granting the CO~ltional use of a lumber yard but nOt against a hardware stor~. ~' ' yOurs//fy 1 ~/ TO: FROM: RE: MEMORANDUM APPENDAGE TO P&~-~. 4/13/82; see p. 22 April 9, 1982 Carmen Annunziato Ds~e Bill Flushing Preliminary Plat, Ridgepointe Woods Villas In the first submission for approval of the subject plat, Mr. Clark listed 22 Items that were deficient. Eleven of these Items are still deficient. They are as follows: Ail of. the open areas are not identified. The excessive boundary closure has not been corrected. It is still + 0.152 North and + 0.100 East. City Subdivision Ordinance Art. VIII Sec. VI - D - 5 - h requires the closure to be less than 0.01 ft. The subtended angle required for the East easement line in the N.E. corner is still missing. The correct angle would be 1O 22' 48" Calculations fOr drainage are required to be submitted. The sidewalk plan should be shown on the development plans. e Existing elevations should be shown for High Point roadway easement and the existing road- way and water line should be shown as existing. An earth berm or other barrier should be shown on plans to assure that storm water from the project cannot contribute to the private High Point roadway. Complete detailed plans for work on 23rd Avenue should be included. The cost for the construction on 23rd Avenue should be included. 10. Auger borings and/or other information on sub- soil conditions and percolation test should be submitted. TO: FROM: RE: MEMORANDUM April 9, 1982 Carmen Annunziato Bill Flushing Preliminary Plat, Ridgepointe Woods Villas (continued) 11. In the S.E. corner, the existing elevations should be shown for the private school building and yard area and also the empty lots to the East. Provisions should be shown'to assure that storm water from the project cannot contribute to these areas. The Plat has been completely re-drawn. The following corrections to the new drawn Plat will be required. Distance is missing on center line of road leaving the road intersection at the center of plat and going to the North East. e Bearing is missing on center line of road entering the road intersection of the East side of ~lat. o Distance on North Line should read 1439.51.. The 1229.03 distance should be placed on-the inside of the North Line. The 10 foot F.P.L. and S.B. easement is shown as an encroachment to the N. W. corner of Lot 44, Westchester Heights. WVF:blm cc: T. A. Clark William F~/6 ~h'ing MEMORANDUM ~APPENDAGE to P&Z Min. 4/13/82; see p. 22 TO. M F I L E ~^~ Carmen S. Annunziato City Planner April 8, 1982 Ridge Pointe Woods Villas Preliminary Plat In connection with the abovementioned preliminary plat, I recommend that the comments listed below be placed as stipulations on ~he approval. It should be indicated in the dedication section of the plat that the private roads, common and recrea- tional areas are dedicated to a homeowner's associ- ation.whic~ is also named. It should be indicated in the dedication section that the additional rightuof-way for Golf Road is dedicated to the public. e The 5' limited access easement should not cross the access road. o The.turn lane construction should be included in the bond. '5. That the land value for recreation and parks dedica- tion purposes is $ 46,628.41 based on the recent appraisal submitted by the applicant. CSA:mpc Carmen S. Annunzi~o City Planner