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Minutes 06-24-80· MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, JUNE 24, 1980 PRESENT Arnold Thompson, Chairman Fred DiSalle, Vice Chairman Lillian Bond Simon Ryder Garry Winter Carmen Annunziato, City Planner Craig Grabeel, Asst. City Planner ABSENT Wayne Drew (Excused) Marilyn Huckle Chairman Thompson welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board, City Planner and Assistant City Planner. He recognized the presence in the audience of Councilmen Joe deLong and Marty Trauger. MINUTES OF ~Y 27, 1980 Mr. DiSalle moved that the minutes be adopted, seconded by Mrs. Bond. Motion carried 5-0. ANNOUNCEMENTS Mr. Annunziato handed out four pages and explained how they were to be coordinated with the agenda material. COMMUNICATIONS Chairman Thompson stated for the record that a letter was sent cancelling the meeting of June 10. CITIZENS AWARENESS PRESENTATION Mr. Grabeel announced that tonight we have a representative from the Palm Beach County Property Appraiser's office, Mr. Joe Vick, and he told about his qualifications. He added that booklets are available regarding real and personal pro- perty tax facts. Mr. Vick first expressed Mr. Reid's regrets for not being able to attend and stated he would like to go through what their office is involved with in regard to property taxes in Palm Beach County. He explained how an annual update and review is done. He then told about the present and proposed homestead exemptions. MINUTES - PLANNING & ZONING BOARD JUNE 24, 1980 Mr. DiSalle asked how. residential property was determined and Mr. Vick replied that comparable land sales are checked and all construction reviewed and explained how it is figured from the cost approach less depreciation. Mrs. Bond referred to an overall homestead exemption of $15,000 and Mr. Vick replied this would be on the ballot in the coming election and explained the exemptions available at present. Mr. Ryder referred to the County Appraiser's office having been associated with operating at 65% of the market value and Mr. Vick informed him that Governor Graham insisted that every- thing go back to a full 100% and explained how they were try- ing to accomplish this, but added there is a petition request- ing all property be assessed at 65%. Further discussion fol- lowed regarding the homestead exemptions and property valua- tions. Mr. Ryder referred to the City rolling their millage back, but the County and School Board not doing this when proper- ties were re-assessed and stated that he understands now the County can apply 2 mills for school construction. Mr. Vick told about a bill removing any limitations as far as any tax- ing body in submitting their budget. He clarified that no matter what the legislature does, the taxes are intended to pay for service which make ownership more desirable; no matter how the base is reduced, there will still have to be the money to pay for the services. Councilman Trauger referred to the $15,000 exemption being approved and asked if their office had estimated what that figure is and how much the millage would be increased to make up that difference and Mr. Vick replied this hasn't been cal- culated since they don't know how it will be levied. A man in the audience questioned receiving verification of qUalifying for a disability exemption and Mr. Vick explained it would be noted on the valuation notice. Mr. Grabeel then thanked Mr. Vick for his presentation and announced that two weeks from tonight, there will be no pre- sentation since the public hearings will commence at 7:30 P.M. On July 22, the Palm Beach County Planning Department will present the Palm Beach County Comprehensive Plan. PUBLIC ~HEARINGS Public Hearing to consider adoption of proposed Ordinance No. 80- , amending the Zoning Ordinance of the City of Boynton Beach by providing for the addition and transfer of certain uses to the C-2 (Neighborhood Commercial District) and C-3 (Community Commercial.District) from the C-4 (General Commer- cial Di~s'trict) -2- MINUTES - PLANNING & ZONING BOARD JUNE 24, 1980 Mr. Annunziato informed the Board members that this ordinance provides for the shifting qf uses contemplated when we went through the City-wide rezo~ing and comprehensive plan proce- dure. The City Attorney has decided these are actual rezon- ings. This was advertised in the newspaper with a map and the sample ordinance has been submitted. He pointed out the addi- tions to the various zones. Chairman Thompson ascertained there were no questions from the Board members. He asked if anyone in the audience cared to sPeak in favor of this rezoning request and received no re- sponse. H~ asked if anyone cared to speak in opposition to this rezonlng request. Ms. Helen Marcus, 1107 S.E. 3rd Street, commented that she had to buy a magnifying glass to see where her p~operty is and has noted that it has'been rezoned to A. When t~ese lots were pur- chased, they were zoned comnercial. Chairman Thompson asked .what property she was speaking about and Ms. Marcus replied she owns Lot 3 and 4 in Hawthorne Park, across the street from the Gulfstream Ceramic Place, oN the corner of 2~d and 10th Avenue, and next to Deb-N-Heir Nur~ ~ry SChool. Mr. ~nnunziato informed her the action this ordina~ ~e proposes is not rezoning, but it adds uses to the zoning cl~ ssifications. It was advertised as rezoning because it impacts on the zoning classifications with the additional uses added. Ms. Marcus stated according to the map advertised, the line goes along her property and shows it as the ~ group. The property was commercial, bu~ now the line go~ lots. Mr. Ryder referred t~ the location no~ suggested she contact the C~ty Planner at hi~ verify the location. Ms. Marcus stated that where it is located. Mr. R~der informed her thing the Board can do abou~ this as it is n.~ agenda. Ms. Marcus stated 9ccording to the shown is proposed to be rezoned and that is % the Board. She is concerned about her two lc build a home there next to %he Deb-N-Heir Sc~ the noise. Mr. Annunziato ~nformed her this zoned residential in 1975. Ms. Marcus asked Heir School was allowed to be constructed th~ Annunziato replied that he doesn't know when constructed, but the R-2 zone allows ~onstru~ centers. ~s behind the two being clear and office and she knows exactly there isn't any- ,t part of the d, the land 'hy 'she is before ts as nobody will ool because of property was how come Deb-N- re and Mr. Deb-N-Heir was tion of day care Ms. Marcus stated she just wanted to present her case because she wants her property to be as it was when she purchased it, which was ~ommercial. It should not be classified as anything noW but commercial. The la~d will be useless otherwise. -3- MINUTES - PLANNING & ZONING BOARD JUNE 24, 1980 shopping center, auto parts sales (retail). Mr. Winter seconded the motion. No discussion. Motion carried 5-0. To consider amendment to the Zoning Ordinance of the City of Boynton Beach by adding the definition of "Screenina (adequately)" Mr. Annunziato informed the Board that it was determined this definition was more a definition of clarification and does not attribute to any rezoning. This is a new definition to appear in the code in response to administrative problems. Chairman Thompson ascertained there were no questions from the Board members. He asked if anyone in the audience cared to speak in favor of this ordinance and received no response. He asked if anyone cared to speak in opposition to this proposed ordinance and received no response. Mr. Ryder moved that this Board approve this amendment to the Zoning Ordinance of the City of Boynton Beach by adding the definition of "Screening (adequately)" Mr. Winter seconded the motion. No discussion. Motion carried 5-0. Rezoning Request Applicant: Location: Legal Description: Land Use Amendment: Request: Robert E. Seither 209 & 211 East Ocean Avenue Lots 11, 12, 13 & 14, Block 4 Original Town of Boynton Local Retail from High Density Residential REZONE to C-2 from R-3 Mr. Annunziato referred to this application being processed in a manner consistent with the State Statute and local codes and stated the request is to rezone and amend the land use plan to provide local retail and rezone from residential to commercial. This property was rezoned from C-2 to R-3 approximately 1½ years ago upon the request of the property owners to the south of this property because of complaints regarding tax increases. A study showed it was predominantly multi-family residential in this area. It was recommended the land use be changed to re- flect the multi-family type. Plants for a Pittance is operat- ing on Ocean Avenue just east of the City Hall complex. If this is approved, they plan to expand to the corner of the property at 1st Street and Ocean Avenue. Mr. Robert E. Seither, 230 Valencia Road, West Palm Beach, stated the property was zoned C-2 when he opened the garden shop. The business is going quite well and he would like to expand. He owns the apartment building to the west and would like to expand the business onto that property. There is a vacant street to the east whi~ he is negotiating to have aban- doned since it is not uSed. -5- MINUTES - PLANNING & ZONING BOARD JUNE 24, 1980 Chairman Thompson asked when she purchased this property and Ms. Marcus replied in 1945 or 1946. Mr. Ryder commented that apparently this has been zoned residential and there is noth- ing we can do about it tonight. Ms. Marcus stated the part facing 2nd Avenue to the railroad was zoned commercial and Mr. Annunziato informed her the proper procedure would be to file a land use amendment and rezoning application. Mr. Ryder moved that the proposed Ordinance No. 80- , amending the Zoning Ordinance of the City of Boynton Beach by providing for the addition and transfer of certain uses to the C-2 (Neighborhood Commercial District) and C-3 (Community Commer- cial District) from the C-4 (General Commercial District) be approved. Mrs. Bond seconded the motion. No discussion. Motion carried 5-0. Public Hearing to consider adoption of proposed Ordinance No. 80- , amending the Zoning Ordinance of the City of Boynton Beach by providing for a definition of the term "Adult Enter- tainment Establishment" restricting such establishments to C-4 General Commercial Districts of the City and placing special restrictions on said usage; further redefining the term marina and providing definitions for the term restaurant, shopping center, auto~ Darts sales (retail) Mr. Annunziato explained how this ordinance proposes a number of zoning text amendments. He read the special restrictions applying to adult entertainment establishments: 1. No adult entertainment establishment shall be located closer than 1,500 feet from any other adult enter- tainment establishment measured from lot boundary to lot boundary along a straight airline route. 2. No adult entertainment establishment shall be located closer than 1,500 feet from any hOuse of worship or school, measured from any lot boundary to lot boundary along a straight airline route. Chairman Thompson ascertained there were no comments or ques- tions from the Board members. He asked if anyone in the audi- ence cared to speak in favor of this proposed ordinance and received no response. He asked if anyone cared to speak in opposition to this proposed ordinance and received no response. Mr. DiSalle made a motion to consider adoption of proposed Ordinance No. 80- , amending the Zoning Ordinance o'f the City of Boynton Beach by providing for a definition of the term "Adult Entertainment Establishment" restriding such establish- ments to C-4 General Commercial Districts of the City and plac- ing special restrictions on said usage; further redefining the term marina and providing definitions for the term restaurant, -4- MINUTES - PLANNING & Z©NING BOARD JUNE 24, 1980 Mrs. Bond asked if he expects to evacuate the apartment build- ing and Mr. Seither replied affirmatively. Mr. Seither added that he canvassed the area and talked to many people in the area and most are not against the plant business, but thought it would allow a filling station or night club if changed to C-2, which is not allowed in that zone. Chairman Thompson asked if anyone in the audience cared to speak in favor of this rezoning request. Mr. Ronald Pot~er, 305 East Ocean Avenue, stated he is in favor of this request. Since Mr. Seither has taken posses- sion of this property, it has been greatly improved. He is always for something better and good. Mr. Ryder informed him that C-2 would allow a convenience store like the one there is on Ocean Avenue and Mr. Potter replied that is not Mr. Seither's intentions and should there be an attempt at this, it would require another hearing. Mr. Ryder informed him that if this request is approved, it will be rezoned to C-2 and not be limited to Plants for a Pittance. Mr. Potter stated he still is in favor since Mr. Seither is desirable. This business is the best thing which has happened to the neighborhood since he has lived there. Mrs. Susan Llewellyn, 11l S.E. 31st Avenue, referred to liking Boynton Beach and stated she doesn't see a thing wrong with this nursery and it does a lot for this street. Ocean Avenue from the railroad is not very nice looking. This gentleman is trying to improve it. She is sure by rezoning from R-3 to C-2, his intentions are all for the nursery. She doesn't think he has any intentions of selling the property for a convenience store or anything like that. Mr. Seither just wants to expand his business. It is necessary to grow in order to stay in business. Chairman Thompson then read the uses allowed in the C-2 zone as listed in the ordinance. He then asked if anyone cared to speak in opposition to this rezoning request. Mr. Eric Graupner, 115 N. E. 2nd Street, advised that he lives in the Green ACres Condominium which is adjacent to this pro- perty. The president of the condominium, Mr. Jones, wrote a letter to the City Clerk on behalf of the condominium member- ship e~ressing opposition to this rezoning request, When Boynton Beach was recently rezoned, this particular section of East Ocean Avenue was appropriately designated R-3 for high density residential. He sees no reason why that classific~ion should be changed. In addition, he has presented to the City Clerk a petition bearing signatures of 63 property owners residing in this immediate vicinity, who would be directly -6- MINUTES - PLANNING & ZONING BOARD JUNE 24, 1980 affected by this proposed change and all have voic~ opposition to this change from R-3 to C-2. It is his sincere belief their request should not be denied. Their opposition is not directed against the petitioner, but due to their sincere desire to maintain the residential charaCter of the neighborhood in which they reside. He respectfully requests this rezoning request to be denied. Ms. Beverly Kenyon, 305 East Ocean Avenue, stated she lives right across the street from the despicable Lil General and she doesn't know how they got there. This is a nice place to live and it will be nicer if it is residential. She respect- fully asks the Board not to rezone this to commercial. She doesn't want a 7-11 there. Mr. DiSalle requested the letters received to be read. Chair- man Thompson read the petition received in opposition with four pages of signatures and then the petition in favor with two pages of signatures. He then read a letter in favor from Ralph and Bernice Smith and letters in opposition from Doris R. Fish, Mary Eo & James R. White, Robert F. O'Leary, Margaret RoSsmeisl, Norman P. Jones, Pearl I. and Robert H. Robey, and William A. & Adelaide G..~hite. Mr. Seither advised that he canvassed the area shortly after he found out about the petition being circulated by the other gentleman and he would like to challenge those signatures, because he found out more than 30% of the condominium is occu- pied by renters who cannot sign the petition. Also, many of the people signed his petition after'changing their minds. Chairman Thompson stated there is a number of letters from people in the area and he thinks the consensus is not in favor of this request~. We have to consider how this will affect the neighborhood in its entirety and what could happen if rezoned. At this time, he closed the public hearing. Mr. Ryder stated it is apparent some of the people who may not be opposed were not aware it was not limited to just an extension of the present enterprise, but a lot of other things could happen and this Board must look at it from that aspect. When first considered for a change from C-2, the study showed the area was predominantly residential. The residents felt they ~ere disadvantaged being zoned commer- cial. It seemed to be the just thing to do with making it part of the land use plan as residential and he sees no reason to depart from that. Mr. Potter requested that the decision be made on this actual request and Chairman Thompson replied this could not be done under the ordinance process of this City. It may be possible to accomplish by a variance procedure. With rezoning, it is opened to all uses. A stipulation cannot be made with rezoning. -7- MINUTES - PLANNING & ZONING BOARD JUNE 24, 1980 Mr. Annunziato referred to sPot zoning and stated no C-2 zoning exists in this area. This request is not consistent with the Comprehensive Plan. This zone is not limited to garden stores. There is also the potential for additional congestion with this area being impacted with the police station. Mr. DiSalle asked if this is rezoned to C-2, will it constitute spot zoning or non-conforming use and Mr. Annunziato replied that it would be conforming as long as it is a garden store, but Only half is non-conforming now. Mr. Ryder moved that the rezoning request by the applicant, Robert E. Seither, for a change in zoning of Lots 11, 12, 13 and 14, Block 4, Original Town of Boynton, to C-2 from R-3 be denied. Mr. DiSalle seconded the motion. No discussion. Motion carried 5-0. Chairman Thompson announced ~this application will be before the City Council on July 1, SUBDIVISION PRE-APPLICATION Applicant: Location: Project Description: High Point of Delray Builers, Inc. N. HanSen, Agent West side of Congress Avenue, south of Congress Middle School and north of LWDD Canal #26 556 units, 2 recreational areas and two 13 acre lakes on 90 acres Mr. Grabeel referred to this being the third submission before the Board and advised the developer encountered difficulties with drainage and this is a subsequent sUbmission of the pre- application phase. The project to be built will include 139 quadraplex buildings, 556 Units, two recreation areas and two 13 acre lakes. At the present time, the area is being demucked. Utilities are available at the property. The sewage generated will be pumped to an existing 36" force main along Congress Avenue. An existing 16" water main along Congress Avenue is available at the south side of LWDD Canal L-26. The proposed density is 6.18 units/gross acre He explained the location and advised the zoning is R-3. The members then reviewed the plan. Mrs. Bond questioned the ingress and egress for the buildings in the center and Mr. Kenneth Tate explained the basic design in this project is similar to High Point of Delray Beach. The common layout is three buildings around a parking area. The buildings face the parking areas which service them. These will be four-plexes With two sidewalks serving each four-plex. -8- MINUTES - PLANNING & ZONING BOARD JUNE 24, 1980 Mrs. Bond referred to some of the buildings having the fronts face the backs or sides and Mr. Tare informed her the fronts will only face other fronts or parking areas. Mr. Ryder asked if S. W. Congress Avenue is going to be a City dedicated street and Mr. Tate replied affirmatively and added that it lines up with the entrance to Leisureville. Mr. Ryder asked what protection would be provided along the lakes and Mr. Tate replied there will be none as it will be about 40 to 50 feet from any building to the top bank of the lake and the area will be landscaped. Mr. Ryder referred to there being complain~ from Leisureville regarding the demuckin~ and asked how much longer this was going to last and Mr. Tate replied they are not doing the demucking, but gave permission to a company to do this. He believes they are approximately two to three weeks from com- pletion. Mr. Ryder asked how deep the lakes will be and Mr. Tate replied that he didn't know. Mr. Ryder asked if the fill was needed for this site and Mr. Tate replied affirmatively and added that additional fill will be brought in. He explained that the lakes serve as drainage for this project with a control pipe to the canal south of the property. Mr. Ryder commented that he thinks there is need for a chain link fence along the lake frontage since this is going to be a public street and Mr. Tate replied the street could be kept private, which they would prefer. Mr. Ryder stated it should be safe whether on a public or private street and Mr. Tate explained how there would be about 75 feet between. Mr. Ryder asked when they intended to start operations here and Mr. Tate explained that it was based on their present sales and the financial situation. Mr. Ryder referred to many plans being approved for along Congress Avenue but nothing is going on and Mr. Tate asked if the City was going to force them to start the development? Mr. Ryder stated he thinks the City has the right to expect, with them asking for approvals,that they intend to start expeditiously and Mr. Ta%e responded that it may take a number of months to get all the permits needed. Mrs. Bond referred to the treatment along Congress Avenue and Mr. Tat~ explained that they plan to build berms or landscap- ing to protect the homes backing up to Congress Avenue. Mrs. Bond referred to a different plan being approved previ- ously and Mr. Tate agreed and explained it was for eight- Plexes and they have decided to stay with four-plexes. Mrs. Bond commented that these seem closer together than the ori- ginal High Point homes in Boynton Beach and Mr. Tare informed her it is about the same distance. -9- MINUTES - PLANNING & ZONING BOARD JUNE 24, 1980 Mr. Grabeel informed the Board that the only staff comment is from the Planning Department pertaining to the right-of-way along Congress Avenue and it is recommended that a 40' setback be provided with a 10' right-of-way dedication. Mr. Tate advised this 10' has been dedicated and Mr. Annunziato clari- fied that they dedicated the utility easement to the City, but this is a right-of-way easement for Congress Avenue. Discus- sion followed and it was clarified that the first tier of buildings would have to be moved back 10' for this right-of- way dedication. Mr. Annunziato referred to addressing the technical aspects and commented that aesthetically, this layout looks congested. The previous cluster plan had open spaces, design to the streets and looked better. He thinks it would have been more pleasing to live in. What is proposed here is simple to serve from a utility standpoint, but possibly could be congested. Mrs. Bond agreed and Mr. Ryder asked how the density compared between the two presentations? Mr. Tate replied that the previous presentation wasn't feasible from a drainage point of view and the number of units is the same. Chairman Thompson referred to locating the lakes in the development rather than along the road and Mr. Tare informed him this would mean additional expense which would increase the sell- ing price. Their present selling ~zice is in the low 40's and they are trying to continue that. In reference to the layout, he agrees on paper the POD arrangement looked nicer, but in driving through the development, you would see nothing but the rear of buildings and on this plan, you only see the fronts and sides of buildings. This is the most widely accepted plan from their experience. He explained how this ms what has been demanded by the people. He believes it will be aesthetically more pleasing when completed. Mr. DiSalle made a motion that the pre-application for High Point of Delray Builde~s~ Inc., located west of Congress Avenue, south of Congress Middle School and north of LWDD Canal #26 be approved subject to staff comments. Mr. Ryder seconded the motion. No discussion. Motion car- ried 5-0. SUBDIVISI©N MASTER PLAN Applicant: Location: Legal Description: Project Description: Ceda~wood Villas/Phase II C. Worrell, Agent Congress Avenue at S. W. 19th Avenue Parcel E, Plat of 10th Section, Palm Beach Leisureville 48 single story villas and swimming pool -10- MINUTES - PLANNING & ZONING BOARD JUNE 24, 1980 Mr. Grabeel informed the Board this is the second phase of Cedarwood Villas and consists of 32 ARB units and 16 D units. There is a pool and recreation area. It is zoned R-3. There were some questions concerning the utilities and drainage, which have been addressed by the City Engineer and Utility Director. Mr. Clyde Worrell,915 North Palm Trail, Delray Beach, in- formed the Board the ARB unit is part of a double row of units in the front with two bedrooms and two baths with approximately 1,250 square feet of li~ing area and the D units face the north section of the property and are a single row unit with 1,475 square feet with front and rear yard exposure. Chairman Thompson referred to there being a problem the last time regarding the lift station and asked if this has been addressed and corrected and Mr. Annunziato replied there are several staff comments which will be read into the record. These address some of the problems when the plan was re- viewed. A final memo was received late this afternoon re- garding this plan. The staff has not had a great deal of time for review of this plan. Mr. Grabeel read the following comments listed by Mr. Clark: 1. Paving and drainage plans should show additional elevations. 2. Slope arrows should be correctly oriented. 3. Drain fields should be planned with straight runs of pipe between ty~e "D" catch basins. 4. Drain fields cannot be constructed within the public roadway easement. 5. RoadWay in th~ public roadway easement should be shOwn as 22 feet in width. · 6. Overflow pipes should be shown to extend to existing catch basins or canals. The full extent of said overflow pipes should be shown in plan. 7. Traffic lanes should be shown with direction of traffic flows indicated. Entrance driveways should be detailed. 8. Construction details are required for pavement construction. Mr. Grabeel then read the following note from Mr. Cessna: "The plans are approved subject to the installation of an 8" DIP from the lift station to a manhole east of the station in the existing right-of-way. From the manhole northward, the developer is to extend an 8" gravity sewer line constructed of VCP to a manhole approximately 80 feet south of his north pro- perty line. This manhole must have a stub out to the north for future extension~ The gravity lin~ westward to serve the pr·o- perry shall be 8 VCP to his ~rope~ty line then after it shall be plumbing and fall under the Building Department's require- ments." -11- MINUTES - PLANNING & ZONING BOARD JUNE 24, 1980 Mr. Grabeel continued'that the Planning Department has noted subject to School Board review. Mr. Worrell stated these comments have been discussed and agreement was reached at the TRB meeting. These requests will be shown in the construction drawings to be submitted at the next meeting. Mr. Ryder asked how the Chairman was expected to sign the plans if they don't conform to the requirements of the City Engineer? The approval would have to be conditioned on these comments. Since Mr. Annunziato indicated the staff has not had sufficient time to review this plan, should it be de- ferred? Mr. Annunziato stated he thinks we can go forward, but when-reviewed at the preliminary plat level, there may be some additional comments forthcoming. Mr. Grabeel added that one item discussed by the Technical Review Board was the construction of bike paths along Con- gress Avenue and a sidewalk along 19th Avenue. Mr. Annunziato added theSe items will be addressed with the preliminary plat. Mr. Worrell agreed these are part of the requirements for the construction drawing. He explained that sidewalks were sup- posed to be built by the Leisureville developer and they are trying to reach an agreement, but they will construct the sidewalks if that developer does not. They do not expect a c/o to be issued until the sidewalks are installed. Mrs. Bond made a motion that the subdivision master plan for Cedarwood Villas, Phase II, at Congress Avenue and S. W. 19th Avenue, ParCel E, Plat of 10th Section, Palm Beach Leisure- ville, be approved with all staff comments included. Mr. Annunziato added that the additional items Will be addressed at the preliminary plat level. Mr. DiSalle seconded the mo- tion. No discussion. Motion carried 5-0. SITE PLAN APPROVAL Applicant: Location: Legal Description: Project Description: Summit Associates, Ltd. Paul Hykel, Agent Hunter's Run Golf & Racquet Club PUD POD "L" (The Woods) 58 units on 20.85 acres/2.782 units per acre Mr. Grabeei referred to this being subsequent to the most recent POD M and stated the proposal is to extend ~he lake in POD L creating a shore line. The housing types are the same. There were some initial problems with utilities and the Utility Director and Consulting Engineer have gotten to- gether and these will be addressed in the comments. -12- MINUTES - PLANNING & ZONING BOARD JUNE 24, 1980 Mr. Charles Gilbert informed the Board that the concept is for every unit to have a view out the back either of the golf course or lake or both. These are large luxury houses. Mrs. Bond asked how deep the lakes will be and Mr. Gilbert replied that he doesn't know. Mrs. Bond asked if it was necessary to make the lake and Mr. Gilbert replied that it was needed for drainage and it created the concept for the views from the homes. Mr. Annunziato added that lakes are generally created for three reasons. One is economic to raise the house pads and get needed fill, aesthetics, and used for drainage purposes and water retention. In reference to the size of the units, the smaller of the two is 2,162 square feet not including the garage and the larger is 2,453 square feet not including the garage; these are luxury units. The density on the master plan assigned to this development POD provided for 210 units and this request is to construct 58 patio homes, which is a reduction of 400%. The emphasis has been put on quality and not quantity. Mr. Grabeel referred to the staff comments and read the Engi- neering Department has noted subject to Water Management Dis- trict permit; the Police Department noted that traffic and control signs are needed; and Mr. Cessna noted the following: 1. Developer is to dedicate to the City a 20 x 30 ft. lift station site. 2. All utilities not in utility and roadway easements must be located in a special purpose 10 ft. ease- ment and both water and sewer lines must be con- structed with DIP when located between buildings. Further, when lines are located between building, lines can be located no closer than 10 ft. to any building foundation. 3. All sewer lines to be located in paved area. Chairman Thompson referred to swimming pools being shown for some houses and asked if these were built in the commonly owned property or in area dedicated to the house and Mr. Gilbert informed him it will be common property, but will be designated as limited common elements. Chairman Thompson asked how this would affect the permit and Mr. Annunziato informed him a single family home can obtain a permit for a pool, there is no problem with setbacks because it is PUD, and documents would have to be submitted to indicate the ownership. Mr. Ryder moved that this Board recommend approval for the site plan for POD L of Hunter's Run containing 58 units on 20.85 acres subject to staff comments. Mr. Winter seconded the motion. No discussion. Motion carried 5-0. -13- MINUTES - PLANNING & ZONING-BOARD JUNE 24, 1980 Applicant: Location: Legal Description: Project Description: Summit Associates, Ltd. Paul Hykel,.Agent Hunter's Run Golf & Racquet Club East Golf Course Acreage Golf Course Comfort Station Mr. Grabeel pointed out the location and advised the shelter will be fed by a 1½" water line from POD Q where the existing water plant exists. Mr. DiSalle questioned the dimensions of this comfort station and Mr. Grabeel informed him the roof is about 20 x 16 feet. Mr. Winter asked why this was coming be- fore this Board and Mr. Annunziato replied this is a PUD and all structures are subject to Planning & Zoning Board and City Council review. Mr. Winter made a motion that Summit Associates request for a golf course comfort station be approved subject to staff com- ments if any. Mr. ~DiSalle seconded the motion. Under discus- sion, Chairman Thompson asked if this would be close enough to any utility lines to hook in for sewer at a later date and Mr. Gilbert replied negatively as it is in the middle of the golf course. Motion carried 5-0. Applicant: Location: Legal Description: Project Description: High Ridge Country Club (Lee Starkey, Agent) (Revised site plan) South of Hypoluxo Road and West of High Ridge Road and East of LWDD Canal E-4 High Ridge Country Club Tennis Pavilion, Golf Course Shelters (2), Water & Sewer Treatment Facilities, En- trance Feature and Footbridge Mr. Grabeel read a letter from Mr. Starkey giving clarifica- tion regarding the sewage plant status. He then read Mr. Cessna's response as follows: "In the past, the City has collected regular monthly sewer charges from an area served by a temporary plant. The cost of running the plant is accounted for, and the net cost to the City is back charged to the developer. "In this case, there will be no sewer or water charges as High Ridge Country Club will have its own well and sewage treatment plant. "Power -costs will be in High Ridge Country Club's name and their responsibility. "Chlorine shall be purchased and paid for by High Ridge Country Club. -14- MINUTES - PLANNING & ZONING BOARD JUNE 24, 1980 "The City shall charge High Ridge Country Club for the manpower and cost of the D.E.R. required monthly tests. The cost of this service will be approximately $1,200 per month, including the cost of tests, and submission of reports as re- quired. · "It is suggested that High Ridge Country Club escrow three months charges in advance, and maintain this balance." Mr. Ryder asked the representative, Mr. Pet~ familiar with these requirements and he reP~ became aware of them with this memo. Mr. Al that with respect to the City monitoring ter tions, these contracts are not unusual to hz bility for monitoring. These tests are req~ charged. Mr. Paulson stated the owner is a% Chairman Thompson asked if the effluent to wetland met legal requirements and Mr. Paul ~r Paulson, if_he was .ied that he just ~nunziato added lporary lift sta- rve the responsi- [ired and back- ~are of this. ~e put into the :on replied af- firmatively. He added that he was told thi~ morning that the treatment plant will be approved this week by D.E.R. and the Health Department. Chairman Thompson clarified that it was not the intention of the developer to u~itize this for any homes and Mr. Paulson agreed this was c¢ public utilities are available, this will b~ Mr. Grabeel stated there are no staff commer gested approval be made subject to D.E.R. ar ment approvals. Mr. DiSalle made a motion to approve the sit High Ridge Country Club for tennis pavilion, shelters, water and sewer treatment facilit~ feature and footbridge, subject to Health D~ D.E.R, requirements. Mr. Winter seconded t~ discussion. Motion carried 5-0. ,rrect and when abandoned. ts and it is sug- .d Health Depart- e plan for the golf course es, entrance partment and e motion. No ADJOURNMENT Mrs. Bond made a motion to adjourn, seconded by Mr. DiSalle. Motion carried 5-0 and the meeting was properly adjourned at 9:55 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Three Tapes) -15- AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: June 24th, 1980 TIME: PLACE: 7:30 P.M. Council Chambers City Hall 1. Acknowledgement of Members and Visitors. 2. Reading and Approving of Minutes. 3. Announcement. 4. Communications. "Citizens Awareness" Presentation: Mr. David Reid, Palm Beach County Property Appraiser topic: Property Valuation 6o Old Business: 7. New Business: A. PUBLIC HEARINGS 1. Public Hearing to consider adoption of proposed Ordinance No. 80- ,amending the Zoning Ordinance of the City of Boynton Beach by providing for the addition and transfer of certain uses to the "C-2" (Neighborhood Commercial District) and "C-3" (Community Commercial District) from the "C-4" (General Commercial District). 2. Public Hearing to consider adoption of proposed Ordinance No. 80-__,amending the Zoning Ordinance of the City of Boynton Beach by providing for a definition of the term "Adult Entertainment Establishment" restricting such establishments to C-4 General Commercial Districts of the City and placing special restrictionson said usage; further redefining the t~m marina and ~roviding definitions for the term restaurant, shopping center, auto parts sales (retail). 3. To consider amendment to the Zoning Ordinance of the'City of Boynton Beach by adding the definition of "Screening (adequately)" B. REZONING REQUEST Applicant: Location: Legal Description: Land Use Amendment: Request: Robert E. Seither 209 & 211 East Ocean Avenue Lots 11,12,13 & 14, Block 4, Original Town of Boynton Local Retail from High Density Residential P~ZONE to C-2 from C. Subdivision Pre-Application: Applicant: Location: Legal Description: Project Description: High Point of De!ray Builders, Inc.(N.Hansen,agent) West side of Congress Avenue, south of Congress ?~iddle School and north of LWDD Canal #26 See Survey 556 units, 2 recreational areas & two 13 acre lakes on 90 acres Planning & Zoning Agenda Page 2 June 24th, 1980 D. Subdivision Master Plan: Applicant: Location:, Legal Description: Project Description: Cedarwood Villas/Phase II (C. Worrell, agent) Congress Avenue, at S.W. 19th Avenue Parcel E, Plat of 10th Section, Palm Bch Leisureville 48 single story villas and swimming pool E. Site Plan Approval: w Applicant: Location: Legal Description: Project Description: Applicant: Location: Legal Description: Project Description: Summit Associates, Ltd., (Paul Hykel,agent) Hunter's Run Golf & Racquet Club (PUD) Pod "L" (The Woods) 58 units on 20.85 acres/2.782 units per acre Summit Associates, Ltd.,(Paul Hykel,agent) Hunter's Run Golf & Racquet Club (east golf course) acreage Golf Course Comfort Station e Applicant: Location: Legal Description: Project Description: High Ridge Country Club (Lee Starkey, agent) (revised site plan) South of Hypotuxo Rd & West of High Ridge Rd and East of LWDD Canal E-4 High Ridge Country Club Tennis Pavilion, Golf Course Shelters (2), Water & Sewer Treatment Facilities, Entrance Feature and Footbridge