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Minutes 08-26-80MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, AUGUST 26, 1980 PRESENT Arnold Thompson, Chairman Fred DiSalle, Vice Chairman Lillian Bond Simon Ryder Garry Winter Sidney Bernstein Carmen Annunziato, City Planner Craig Grabeel, Asst. City Planner ABSENT Wayne Drew (Excused) Chairman Thompson called the meeting to order at 7:30 P. M. He introduced the new member of the Board, Mr. Sidney Bernstein. He recognized the presence of Councilman Joe deLong in the audience. MINUTES OF AUGUST 12, 1980 Mrs. Bond referred to Page 5 and stated she thinks there is a correction regarding the square footage and believes the gentleman said an apartment would be about 1,100 square feet. Chairman Thompson suggested leaving it as stated unless she is sure of the exact number. Mrs. Bond made a motion to ap- prove the minutes of the August 12 meeting of the Planning & Zoning Board, seconded by Mr. Winter. Motion carried 4-0 with Mr. Thompson and Mr. Bernstein abstaining, ANNOUNCEMENTS Mr. Annunziato referred to distributing copies of the draft energy element for the Board's~.review and advised as the public hearing procedure commences, the Board will be sitting as the Local Planning Agency in updating the comprehensive plan for the City of Boynton Beach. This draft has been dis- tributed to the City Council, Department Heads, and review agencies for comments. CO~MUNICATIONS Chairman Thompson advised that he received a memo from Mr. Wayne Drew requesting to be excused for this evening. CITIZENS AWARENESS PRESENTATION Mr. Grabeel introduced Mr. Bill Wilshire representing the Palm Beach County Parks & Recreation Department. MINUTES - PLANNING & ZONING BOARD AUGUST 26, 1980 Mr. Wilshire gave a slide presentation of the County Parks Program. He then showed and explained plans for the Ocean Ridge Park, Inlet Park and Boynton Beach 55 Acre Park and answered questions regarding same. PUBLIC HEARING Amendment to the Comprehensive Plan Land Use Element & Rezoning: Applicant: Location: Request: Legal Description: Owner: City of Boynton Beach 560 N. W. 12th Avenue REZONE to R-3 from R-2 LAND USE AMENDMENT - High Density Residen- tial from Medium Density Residential Lots 367 thru 370 inclusive, Cherry Hills Subdivision Leroy Parker American Legion Post ~288 Mr. Annunziato informed the Board this application was prepared by the City of Boynton Beach. The intent is to amend the land use and zoning to provide availability of the site for the con- struction of the American Legion Post ~288. This site has been owned by the American Legion for several years. As a result of the City-wide rezonings, the ability to construct a lodge as a conditional use was lost. This was brought to the attention of the City Council, who instructed the staff to prepare the appropriate documents for a public hearing. Chairman Thompson asked if anyone in the audience cared to speak in favor of this rezoning request and the following came before the Board. Mr. Leroy Harris, 212 N. W. 12th Avenue, stated the American Legion is in need of a home to hold their regular meetings and it will not be a junk type business. This was the reason for purchasing this land and then the zoning was changed from R-3 to R-2. He told about two story duplex dwellings and a park being located in the immediate area. He added that some people may think they are going to build something which may cause confusion in their homes, but clarified that it will not and will be just a place for meetings. They have spent money buying the lot and improving the street in front of it and would appreciate having the zoning changed. Mr. DiSalle questioned the size of the building and Mr. Harris replied it would be 40 x 60 feet. Mrs. Kruse submitted the plan from the file submitted with the application. Mrs. Bond commented that not many parking spaces were shown to accommo- date many people for a meeting. -2- MINUTES - PLANNING & ZONING BOARD AUGUST 26, 1980 Mr. Douglas Davis, 301 N. E. 13th Avenue, told about decreas- ing the size of the building in order to have the room for the required number of parking spaces. Mr. DiSalle asked the size of the membership and Mr. Davis replied there are 52 members. Mr. Annunziato informed the Board if this property is rezoned, the furtherance of this application would require conditional use approval and a more definitive site plan would be submitted with a parking analysis shown. Chairman Thompson clarified that the issue of rezoning is being considered at this time and not the site plan itself. Mr. Davis continued with advising that right now, they are meeting, at Wilson Recreation Center. Since they have pur- chased this land, they thought it would be appropriate to have this land rezoned so they can construct a building for meetings instead of meeting at the Wilson Recreation Center. Chairman Thompson asked if anyone else cared to speak in favor of this rezoning request and received no response. He asked if anyone cared to speak in opposition to this re- zoning request and received no response. He then declared the public hearing closed. Mr. Annunziato stated this particular location could in fact lend itself to an American Legion Post owing to two story buildings around it and a park to the west~ however, this application constitutes spot zoning and he would have to be in the position of not recommending this rezoning. Mr. Ryder referred to visiting the site and stated he thinks it is apparent we did the right thing in rezoning from R-3 to R-2 as the development which has taken place conf~rms more to medium density rather than high density. It is unfortunate the applicant did not proceed with the plans when they pur- chased the property. When upgrading, the result is only apparent when developing an undeveloped area. He feels this would be a prime location to resort to upgraded zoning. In addition to permitting this in R-3, there are other factors involved with requiring conditional use approval, etc. This certainly would be spot zoning. He certainly would not want this to be considered a precedent in our attempts to upgrade with sliding backwards and permitting developments in un- developed areas to conform to previous zoning. He is op- posed to this change. Mr. Ryder made a motion that this Board recommend denial of this application for rezoning the location at 560 N. W. 12th Avenue from R-2 to R-3 and the amendment of the comprehensive land use plan. Mr. Winter seconded the motion. Under dis- cussion, Mr. Ryder added this recommendation is made based on this causing spot zoning and he does not feel it would be justifiable to change the land use plan. Motion carried 6-0. -3- MINUTES - PLANNING & ZONING BOARD AUGUST 26, 1980 Chairman Thompson announced that this application will be heard by the City Council on September 2. Mr. Davis asked if they agreed there is a need for the Amer- ican Legion to build a homesite and Mr. Annunziato replied affirmatively, but perhaps it could be satisfied at a better location. He doesn't believe the plan submitted would work. Mr. Davis stated the plan has been studied and they have talked to general contractors. They have been harassed by the City about this property for sometime. They have nowhere to meet. He urges the Board to reconsider because the property has cost them quite a bit of money. They met the obligations of paving both streets, 12th Avenue and 5th Street. Mr. Annunziato replied that he thinks these are good arguments and the Council will probably listen to them. OLD BUSINESS Discussion of status of streets in the Boynton Central Park PID Preliminary Plat Mr. Annunziato referred to submitting a memo and advised that he reviewed the record with respect to the zoning of this PID and it is clear that the roads are to be dedicated to the City. If there is any change in that situation, it will have to occur by the City Council with deletion of that requirement imposed by the rezoning. He suggests this item be scratched from the agenda. He informed the applicant of this information. Mr~ Ryder moved to scratch this from the agenda, seconded by Mr. DiSalle. No discussion. Motion carried 6-0. NEW BUSINESS Subdivision Master Plan Applicant: Location: Project Description: High Point of Boynton North IN. Hansen, Agent) West side of Congress Avenue, south of Congress Middle School and north of LWDD Canal ~26 552 units, 2 recreational areas, 2 lakes (13 acres) on 90 acres Mr. Annunziato stated this master plan follows the submission of the pre-application approved by the Board. The master plan provides for sewer, water, drainage, roads, etc. and was reviewed by the staff as well as the Water Management District, County Engineer and School Board. This plan provides for 552 units consisting of four-plexes with parking. The drainage system provides for two lakes draining into Canal 26 to the south. -4- MINUTES - PLANNING & ZONING BOARD AUGUST 26, 1980 Mr. Annunziato then highlighted the details on the sewer, water, drainage, and road plans. He added that the Utility Director noted the 10" water line is to extend westward to the western property line to provide for further extensions. He pointed out the recreation areas on the master plan. Mr. Kenneth Tate, developer, came before the Board. Mrs. Bond questioned the size of the clubhouse and Mr. Tare informed her there will be two clubhouses. Mrs. Bond stated there will be approximately 1,100 people living in this com- plex and the clubhouse shown does not look very large and Mr. Tate replied it will probably be 5,000 square feet. Mr. Annunziato calculated that size would serve about 330 people. Mr. Tate clarified that 5,000 square feet is the size they are using now in sections in Delray Beach which are smaller than this and they have not determined the size for this one. Mrs. Bond told about the existing High Point Condominium having to hold their meetings in City Hall because the size of the clubhouses is not sufficient. Mr. Ryder referred to there being a lot of impervious area and Mr. Nabil Hansen, the engineer, explained that the impervi- ous area is about 30%. Mrs. Bond questioned the distance between the houses and Mr. Tate informed her the minimum is 30 feet. Chairman Thompson referred to criteria for determining the size of a recreation building and Mr. Annunziato stated the size of a clubhouse is tricky to determine because not every- one is going to be using it at the same time. 5000 square feet will serve about 25% of the people in this development. Mr. Tate agreed that 5,000 square feet will serve about 250 people, but clarified that the size for this recreation building has not been determined for this area. There was further discussion regarding the proper size for a clubhouse. Mr. Annunziato stated the size of a meeting room 'will be dif- ficult to come to a determination on at this time and sug- gested leaving the applicant with the understanding this will be a concern of the Board and City Council and it should be sized to serve the dwelling units. Mr. Tate stated they will use their expertise and size it to meet the needs of the people. Mr. Ryder referred to S. W. Congress Boulevard terminating at Congress Avenue with no traffic light and stated he thinks it is apparent when this development is substantially completed, a traffic signal will be required. Mr. Tate in- formed him that they have agreed to put in a four lane inter- section with a traffic light. Mr. Hansen added that the light will be installed when it is needed. -5- MINUTES - PLANNING & ZONING BOARD AUGUST 26, 1980 Mr. Annunziato referred to the staff comments and read the memo from the Building Department noting that finish floor elevations of all units must be 16" above elevation dictated by the Water Management District for the crown of the roads; however, no less than 12' above mean sea level. The City Engineer listed the following comments: 1. The "north" in the designation is confusing since the project is in the south part of Boynton Beach. I recommend a change iR the name. 2. Drainage calculations should show legend for symbols. 3. The Supplemental Reporlt for Traffic Impact Analysis has plates that are difficult to read because of poor reproductions. A lege~nd for symbols should be in- cluded for the benefit of persons not familiar with traffic surveys. 4. The original traffic analysis is not signed and has no letterheads to idenltify who it was prepared by. 5. The rights of way dediicated to the public are required to include up to the chord of a 25 ft. arc at inter- sections. 6. Turnarounds should be iprovided for parking lots. 7. Commitments supported with appropriate bonds are recommend~ as stipulat!ed in the County Traffic Engineer's letter of 8/14/80. Mr. Annunziato read the attached letter dated August 14, 1980, from the Office of the County ~ngineer. He read a memo from the Recreation & Park Director inoting that based on subdivi- sion requirements, 8.28 acres of public land dedication is required. (552 units x .015 = 8!.28) He recommends that one- half credit be provided for pri~ate recreation facilities provided, reducing the requirements to 4.14 acres. He fur- ther recommends that a fee in lieu of land be required for the development equivalent to the 4.14 acres. Mr. Annunziato stated the South Florida Water Management Dis- trict informed him today that ~igh Point of Boynton North has received their water management district permit. The School Board noted in their letter that basing their anticipated student impact from this development on the public school system, they find that High Point of Boynton North would generate few, if any, public school age students at time of buildout. Mr. Annunziato stated the overall recommendation is this plan be approved subject to comment~. -6- MINUTES - PLANNING & ZONING BOARD AUGUST 26, 1980 Chairman Thompson asked if Mr. Tate had any comments and Mr. Tate referred to there being a question about the name and explained that High Point of Boynton North was picked because West and South have been used. They are open to suggestions. Mr. Ryder suggested Central High Point and Mrs. Bond suggested Congress High Point and Mr. Tate replied this would be taken into consideration. Mr. Tate referred to the County mentioning Knuth and Woolbright Roads and Mr. Annunziato stated the master plan provides for extension of the road to the limit of the property and clari- fied the County finds that connection will be valuable in the future and recommends it remain. Mr. Tate asked if he meant the right-of-way or the paved road and Mr. Annunziato replied the paved road to the property line. Mr. Annunziato added in reference to the connection to Woolbright Road, the owner of the commercial property indicated they would accept a limita- tion being placed on the property providing for connection to Woolbright Road in order to create an intersection consistent with the comprehensive plan policies. The engineer has agreed that would be beneficial and desirable. This applies only to the commercial piece. Mr. Tate added that the individ- ual who owns the property south of the L26 Canal has refused to sell or lease them any easements to any property south of the canal. He clarified that they are attempting to work within the requirements. Mr. Winter asked where the extension of Woolbright Road would be and Mr. Annunziato informed him i~ is in south of the L26 Canal. Mr. Winter clarified that there is only one exit out of this entire development onto Congress Avenue and Mr. Tate agreed this is correct until the City builds Knuth Road. Mr. Winter clarified that there would only be two roads in and out of this entire area. Mr. Annunziato asked if any thought had been given to the configuration of the entranceway at Congress Avenue and Mr. Tate replied they will work with the City since it will be dedicated. Mr. Annunziato suggested one potential would be to provide a divided entrance to provide for separa- tion ~case one entrance gets blocked. Mr. Tate replied they will take this under advisement. Mr. Tate stated in reviewing the recommendations of the County concerning Congress Avenue, they feel they are doing above their share for that area. They would like to have the im- pact fee for the parks removed. Mr. Annunziato informed him to do this, they would have to seek a variance from the sub- division requirements asking to be exempted from the recrea- tion requirements. Mr. Tate requested that the Board recom- mend this to the City Council. Mr. Hansen added that not only is the developer providing roads, but they are generous in supplying 16" water mains and giving the City two looped lines. -7- MINUTES - PLANNING & ZONING BOARD AUGUST 26, 1980 Chairman Thompson stated that he cannot see the relationship on spending money on roadways and asking for an exemption on recreation. Mr. Tate replied that the City is asking for a fee in the neighborhood of $80,000. They are building a unit needed in this area. By meeting all these requirements, they will not be able to sell the unit for $40,000. They are build- ing a quality project. They would like some consideration on one of the small requirements. Chairman Thompson clarified that they would be depriving the residents of a recreation area based on building sufficient road area. Mrs. Bond added that the residents will be paying for the recreation area since it will be leased. Mr. Annunziato stated one alternative would be to dedicate land for public purposes to satisfy the public requirement. The total requirement is 8+ acres. Maximum credit is being recommended by the Recreation Director for the developer. The remainder of the requirement can be satisfied with land, land dollars or dollars. The developer can still avail him- self of the opportunity to dedicate land. Chairman Thompson stated that he understands the developer wants to be exempt from this and Mr. Tate agreed and requested the Board to recommend this exemption to the City Council. Chairman Thompson stated that it must be considered that the residents of this development will utilize the City recreation facili- ties and he thinks the developer should offset the burden. Mr. Tate responded that the present residents will use the roads on Congress Avenue which they will build. They are also providing a north/south road through the development, looped water system to increase the water pressure in the western area of the City. Chairman Thompson stated we do have a letter from the School Board exempting this developer from any participa- tion in the impact fee which is normally collected from developers. It is his personal opinion that no developer should be exempt from this because everyone benefits from a better school system. Every developer should pay their share. Also, children over 15 years old can reside in an adult development and we do not have a high school in Boynton Beach. He realizes the cost of building, but does not think relief from the recreation requirement should be given and he doesn't think the school system should exempt them. Mr. Tare stated he doesn't feel they should have to do all the road work required. Mr. Annunziato calculated the trips estimated from this project and stated it sounds like a big project, but when evaluated, it is not that great. -8- MINUTES - PLANNING & ZONING BOARD AUGUST 26, 1980 Mr. Hansen stated they have been very cooperative with the City and Mr. Annunziato agreed this was true in regard to utilities and the developer has not been required to do any- thing which has not been required of other developers. Mr. Ryder pointed out that the water main will be in the dedicated street going to the westerly limit. The sewage collection system will have very little sewer in the public street. With 300 feet to go to Knuth Road to the west, it might be possible somebody will have to come through here to service the area to the west. Mr. Hansen advised they will take this into consideration. Mr. DiSalle moved approval of the master plan for High Point of Boynton North, west side of Congress Avenue south of Congress Middle School and north of LWDD Canal 926, subject to staff comments. Mrs. Bond seconded the motion. No dis- cussion. Motion carried 6-0. Site Plan Applicant: Location: Legal Description: Project DescriptiOn: Orlan Homes Corp. (Paul Orlan, Agent) 1700 Palmland Drive Recreation Area A-5, in Tract C of Charter World Modification to the site plan to provide for a recreation hall (Chanteclair Villas) and modified street construction standard Mr. Grabeel informed the Board this is a recreation building for a previously approved site plan for Section C and D, Chanteclair Villas. It provides for a CBS structure with a shingle roof with approximately 3,258 square feet in a one story building. He explained the various rooms to be included. With the occupancy requirement of 15 square feet per person, it comes out to a maximum occupancy of roughly 167 persons. The parking requirement is one space for each four seats or 42 parking spaces required. Ten parking spaces are proposed. Mr. Grabeel referred to the staff comments and read the memo from Mr. Clark noting that the proposed roadway construction is acceptable to the Engineering Department and should provide satisfactory service for the use anticipated. The loop road, because of its short length, can be classified as a driveway and is exempt from somewhat more stringent requirements for streets. The Public Works Department noted no underground garbage cans. The Planning Department noted 42 parking spaces are recommended based on 167 persons maximum occupancy. The overall recommendation is approval subject to staff comments. -9- MINUTES - PLANNING & ZONING BOARD AUGUST 26, 1980 Chairman Thompson clarified that this recreation facility will serve all 102 units and Mr. Orlan replied affirmatively. Chairman Thompson asked if he agrees to all the staff comments and Mr. Orlan replied there is one problem pertaining to park- ing. In reference to needing 42 parking spaces, the physical layout of the project in size is out of the question of that many people using cars when coming to the recreation hall. For aesthetic purposes, they would like to avoid a large asphalt jungle which won't be used and have a landscaped area. Mr. Annunziato referred to the recommendation being 42 park- ing spaces and explained how this was calculated based on a policy for previous recreation buildings. However, in many instances the buildings were more than ¼ mile away; but in this instance, there will not be any buildings more than lr000 feet away and half within 300 to 400 feet. He felt obligated to follow the policy, but think Mr. Orlan raised some good points. Perhaps it should be based on a case by case basis owing to the configuration of the site. He thinks the Board, when it is a use not specifically listed in the code, can arrive at a reasonable solution based on their experience. Mr. Orlan clarified this is not an issue of not having the room, but wanting to landscape the area instead of having an asphalt jungle. For aesthetic reasons, they would like to do it as shown. Mr. Ryder stated recognition should be given to the fact that people may not be able to do too much walking and may need to ride to the meeting room. He would think some in- crease should be made here to recognize that. Mr. Bernstein questioned where the line is drawn regarding what is suffi- cient walking distance and what isn't and Mr. Annunziato replied there is no line, but generally people will walk if within 1,000 feet given good weather and health conditions. Mr. Orlan suggested stablizing the area surrounding the building with sodding over it and explained that people could park on this area if needed. Mr. DiSalle replied this would be acceptable. Mr. Annunziato added that it would have to be classified as parking not required, but additional parking. After consulting the area, it was suggested that the additional parking be provided near the present parking. Mr. Annunziato suggested that a number be indicated for additional parking spaces on the improved subgrade and Mr. Ryder suggested ten additional spaces. -10- MINUTES - PLANNING & ZONING BOARD AUGUST 26, 1980 Chairman Thompson suggested that the staff consider this and possibly draw up a guideline using the system of within 100' radius, no parking spaces would be required; within 200', so many, etc. to give the Board a general idea for consistency. Mrs. Bond made a motion that the site plan be approved for the Palmland Recreation Area A-5 in Tract C of Charter World with staff comments and ten additional parking spaces on improved subgrade. Motion seconded by Mr. DiSalle. Under discussion, Mr. Annunziato clarified that the Planner's recommendation is modified by the Planning & Zoning Board's recommendation. Mr. Orlan suggested that the additional parking spaces could be put in across the street from the spaces proposed ~and Mr. Annunziato agreed this would be acceptable. Motion carried 5-1 with Mr. Bernstein dissenting. Chairman Thompson requested Mr. Bernstein to comment on his opposition and Mr. Bernstein replied that he dissented be- cause the regulations specifically state one parking place for each four chairs. As far as he knows, nothing has been established to change that and he doesn't think it should be changed. Mr. Ryder questioned the reference to Charter World and Mr. Annunziato informed him the plat was recorded as Charter World and Mr. Orlan added when the condominium documents and site plan are recorded, it will be named Chanteclair Villas. ADJOURNMENT Mr. DiSalle made a motion to adjourn, seconded by Mr. Ryder. Motion carried 6-0 and the meeting was properly adjourned at 9:45 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Two Tapes) -11- Boa~"d of,County Commissioners Dennis P. Koehter, Chairman Frank Foster, Vice-Chairman Peggy B. Evatt Norman Gregory BilJ Bailey August 14, 1980 County Administrator John C. Sansbury Department of Engineering and Public Works H. F. Kahlert County Engineer Mr. CarmenS. Annunziato, City Planner City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33435 SUBJECT: High Point of Boynton North Dear Mr. Annunziato: Following your request, we have reviewed the master plan, Traffic Impact Analysis and the supplementary Traffic Impact Analysis for High Point of Boynton North. As we discussed with you, the traffic volumes generated by the commercial area appear to be lowo However, since this commercial area is not a part of thim master plan, it is not crucial to resolve this at this time. In reviewing the traffic impact of the residential development of High Point of Boynton North, we would recommend that' the City impose the following conditions: (1) Dedicate an additional 10 feet of right-of-way on Congress Avenue to provide for a 60-foot half right-of-way; (2) Pay the full cost of signalization at the project's entrance on Congress Avenue if and when warranted as determined by .the County Engineer's office; (3) (4) Widen Congress Avenue to four lanes from Woolbright Road to a point 300 feet north of this project's entrance with the appropriate tapers; The turn lanes which are shovm to be required in the Traffic Impact Analysis also should be provided. Also, it would be very desirable to have the future connections to both Knuth Road and to Woo!bright Road asdiscussed in the Traffic Impact Analysis. BOX 2~?.~__._' WEST PALM BEACH FLORIDA 33402 ' (305) 684-2460 'City of ~oynton Beach Again, the opportunity to comment is appreciated. or we can be of further assistance, please call. Sincerely yours, OFFICE OF THE~ COUNTY ENG'I~rEER ,Charles R~ ~alker, Director, Traffic Division CRW:GJtF:eu cc: Dr. Nabil Hansen, P.E. Envirocivil Engineering Corp. Mr. Daniel N. Murray, P.E. August 14, 1980 If you have any questions AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: August 26th, 1980 TIME: 7:30 P.M. PLACE: Council Chambers City Hall 1. Acknowledgement of Members and Visitors. 2. Reading and Approving of Minutes.. 3. Announcement. 4. Communications. 5. "Citizens Awareness" ~resentation: Mr. Bill Wilshire, Palm Beach County Parks & Recreation Depart..~ent 6. Old Business: Discussion of status of streets in the Boynton Central Park/PID Preliminary Plat. 7. New Business: PUBLIC HEARING ne 8:00 P.M. 7hnendment to the Comprehensive Plan Lhnd Use Element & Rezoning: 1. Applicant: City of Boynton Beach Location: 560 N.W. 12th Avenue Request: REZONE to R-3 from R-2 LAND USE AMENDmeNT - High Density Residential from M ~edlum Legal Density Residential Description: Lots 367 thru 370 inclusive, Cherry Hills Subdivisio~ Owner: Leroy Parker American Legion Post #288 Subdivision Master Plan: 1. Applicant: Location: Legal Description: Project Description~ C. Site Plan: High Point of Boynton North (N. Hansen, agent) .West side of Congress Avenue, south of Congress Middle School and north of LWDD Canal ~26 See Survey 552 units, 2 recreational area, 2 lakes (13 acres) on 90 acres Applicant: Location: Legal Description: Project Description: Orlan Homes Corp. (Paul Orlan~ agent) 1700 Palmland Drive Recreation Area A-5, in Tract 'C' of Charter World Modification to the site plan to provide for a' Recreation Hall (Chanteclair Villas) and modified street construction standard.