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Minutes 05-27-80MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 27, 1980 PRESENT Arnold Thompson, Chairman Fred DiSatle, Vice Chairman Lillian Bond Wayne Drew Marilyn Huckle Simon Ryder Garry Winter Carmen Annunziato, City Planner Craig Grabeel, Asst. City Planner Chairman Thompson welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board, City Planner, Assistant City Planner and Recording Secretary. He recognized the presence in the audience of Councilman Joe deLong and Councilman Marry Trauger. MINUTES OF MAY 13, 1980 Mrs. Huckle moved that the minutes of the Planning & Zoning Board meeting for Tuesday, May 13, be accepted as. presented, seconded by Mr. DiSalle. Motion carried 7-0. CITIZENS AWARENESS PRESENTATION Mr. Grabeel announced that two weeks from tonight or at the next Planning & Zoning Board meeting, Mr. Stan Redick, Plan- ning Director for the Palm Beach County Planning Department, will present the Palm Beach County Comprehensive Plan. Mr. Grabeel then introduced Mr. Howard Johnson, Planner with the Palm Beach County Schools. Mr. Johnson gave general infor- mation about the school system tellin~ about their programs and construction plans. He referred to the schools located in the Boynton Beach area and told about the community school programs available. He then explained the Planning Depart- ment's responsibilities, financing of projects and where funds are derived from. He then reviewed the report distri- buted. Mr. Johnson then entertained a question period. Chairman Thompson referred to the fee collected from developers by Boynton Beach and requested information on the proposed expenditure of this fund. Mr. Johnson explained how these fees were put into a separate account for the Boynton re- serve area and it will be supplemented with any money allo- cated for the City. Mr. Ryder questioned to what extent other cities collected this fee and Mr. Johnson replied that the unincorporated areas have this condition for approval and the City of Boca Raton has a similar situation. He added that they are undertaking the possibility of an ordinance which would be all inclusive of the County and municipalities to resolve this problem. MINUTES - PLANNING & ZONING BOARD ~Y 27, 1980 Mr. Ryder referred to the millage for school tax being eligi- ble for homestead exemption and asked if the State would make up the difference and Mr. Johnson replied they have made every effort to hold the State to their promise and told about the superintendent working with the legislative delegation at this time. He added that the needs are critical in this district with having more school, s on double sessions than any other district in the State. Mr. Ryder referred to C!ongress Middle School being located where 95% of the childrien have to be bused to school and Mr. Johnson explained the considerations given to site selection. Councilman Trauger asked why Boynton Beach has not been able to identify with its own high school and when could this be expected and Mr. Johnson replied that this would depend on the rate of growth in the community and western reserve annexation area, availability of land, cost, availability of roads, utilities, etc. They do not see an immediate need for another high school between S-3 and Atlantic High School at this time. If there is sudden growth in an area, they do have flexibility to modify planning. He told about the principal appointed for Santaluces High School having the ability to build a solid school community. Mrs. Bond questioned the capacity of this new school and Mr. Johnson informed her that initially it will be approximately 1,500, but it will have core facilities built in to allow it to be expanded up to 2,000. Mr. Annunziato referred to the availability of sites in this area and Mr. Johnson told about a site being dedicated at the LeChalet development and the Hagen Road Elementary School having area for expansion. Mr. Annunziato referred to having a discussion with one of the School Board members concerning the implementation of a hold harmless-agreemen~ protecting cities in regards to collection of the impact fee and stated he thinks participation among the municipalities would improve if the School Board would take this direction and protect the cities Mr Johnson agreed but stated this is matter which needs to be addressed by the attorneys. Chairman Thompson referred to the design of the new schools and explained how there is a great percentage of wasted space and the maintenance costs are higher. He suggested that stan- dards be developed for elementary, middle and high schools with building square or rectangular buildings where the cost and maintenance would be lower and the money saved could be spent on improving the quality of education for the children. Mr. Johnson explained that the Board determines the design to be used based on construction and operation cost and an import- ant consideration is to have natural ventilation as opposed to air conditioning. -2- MINUTES - PLANNING & ZONING BOARD MAY 27, 1980 A gentleman questioned the number of children in Palm Beach County which are transported every day and Mr. Johnson in- formed him they are required by law to transport every young- ster living beyond two miles to the school he is assigned. Approximately 30,000 children are being bused. The qentleman questioned the cost per child for transportation and-Mr. Johnson replied that the overall cost is 4% of their budget and Mrs. Huckle read from the brochure that the cost is 33¢ per child per one way trip. Mr. Johnson ascertained there were no further questions and Mr. kyder complimented him on an interesting presentation. NEW B · USINESS Subdivision Pre-Application Applicant: Location: Legal Description: Project Description: Murphy Construction Co. (Ron Dixon, Agent) North of S.E. 9th Avenue, east o'f S.E. 7th Street, adjacent to the Intracoastal Waterway Boynton Isles, Lots 1 & 2 & Tract A Ten lots on 2.5 acres Mr. Annunziato informed the Board that a pre-application has been submitted to replat two lots and plat eight additional lots over this tract of land. The developer is to dedicate the eastern half of S.E. 7th Street and construct a private roadway running east and west to serve the eight lots. Mr. Annunziato referred to the staff comments and read that as provided, the cul-de-sac is insufficent and was placed on Lots 7 and 8. The City Engineer recommends the cul-de-sac with 8' diameter paving be required. He referred to the sewer and water availability and explained that it would be practi- cally impossible to loop the water line because there are no easements existing to loop it back. The Utility Director recommended that it be subject to adequate line size for fire protection. Mr. Frederick has commented that he will recommend a fee be provided in lieu of a land dedication for recreation purposes. The overall staff recommendation is approval with staff comments. Mr. Ralph Hayden came before the Board to represent the appli- cant. Mr. Ryder referred to the elevations and Mr. Hayden explained the elevation would be based on a 100 Year storm elevation, which has not been done at this time. Mr. Ryder asked if 7th Street would be dedicated and paved and Mr. Hayden replied affirmatively. Mr. Ryder referred to the cul-de-sac and Mr. Annunziato clarified that a turn-around has been provided which has been deemed inadequate by the City Engineer. -3- MINUTES - PLANNING & ZONING BOARD ~Y 27, 1980 Mrs. Huckle questioned if the lots would be of sufficient size after meeting the required setbacks to build and Mr. Annunziato replied that the setbacks are from the property line and ex- plained how it could be part of the private road easement. Mrs. Huckle asked if the houses could be built at the edge of the street and Mr. Annunziato replied they could build at the easement, but it is within the review powers of this Board to establish a reasonable depth to set back from the pavement. He would suggest that 25 feet from the private easement would be reasonable. Mr. Ryder added that as far as the lot area, there seemed to be no problem as they are located on a canal and the depth is 125 feet. Chairman Thompson asked if the rear property line extended to the center of the canal and Mr. Annunziato pointed out that it goes to the heavy blue line on the survey and not to the center of the canal. They discussed further the size of the lots and buildable area after meeting the setback requirements. Mr. Annunziato added that the con- figuration of Lots 6, 7 and 8 may change to provide the full width for the cul-de-sac, but any lot remaining after meeting that recommendation would have to meet the requirements. BOynton Isles was platted many ~ars ago and he feels this developer is making a reasonable proposal. All requirements will be met with the exception of the width of the private right-of-way. Mrs. Huckle asked if a Board of Adjustment application would be required on minimum lot frontage and Mr. Annunziato replied negatively and advised that the required frontage is 75 feet and pointed out that those on the cul-de-sace would have 75 feet at the setback line. Mrs. Bond asked if there would be a fence or barrier between these homes and Sterling Village to the north and Mr. Annun- ziato replied this was not required. Mrs. Huckle referred to the recommendation to establish a set- back from the private street for uniformity of building and asked if the 25 ft. setback would work a hardship on the avail- able building area of the lots and Mr. Annunziato replied that he didn't think so as a building width of 45 feet would remain which is typical. They discussed further the sizes of houses which could be built. Chairman Thompson asked if the bulkhead has been built and Mr. Hayden replied affirmatively. Chairman Thompson referred to the mangrove area and Mr. Hayden pointed out where they are existing. They discussed the purposes of the aluminum seawall installation. -4- MINUTES - PLANNING '& ZONING~BOARD MAY 27, 1980 Mr. Ryder moved that this Board approve the subdivision pre- application presented by Murphy Construction Company, located north of S.E. 9th Avenue, Boynton Isles, covering ten lots on 2½ acres, in accordance with staff comments. Mrs. Bond seconded the motion. Under discussion, Mrs. Huckle referred to the recommendation for the setback and Mr. Annunziato recommended that no building be placed closer than 25 feet to the private roadway easement. Mr. Ryder included this recommendation in his motion, seconded by Mrs. Bond. Motion carried 7-0. Site Plan Approval Applicant: Location: Project Description: Village Royale on the Green, Owners League, Inc. Richard Wensing, Agent N. E. 2nd Court Recreational Building Mr. Annunziato referred to this application having been sub- mitted in various forms previously and stated this is the third time it is submitted owing to variations to the site. This proposal differs in two distinct ways from the proposal recommended by the Board. There is no driveway projecting through to N. E. 3rd Court. As part of that removal, a park- ing lot was eliminated but the parking lot has been expanded in front of the building. However, this has not provided for all the parking which the staff feels is necessary. The building is the same size and configuration as previously recommended. There is a different configuration in the park- ing lot which is more satisfactory with access to the dumpster, providing'light, etc. Mr. Annunziato referred to staff comments and read that the Building Official noted additional parking spaces need to be provided per the code and the concrete walk extended to the limit of grading of the construction site. The City Engineer noted that the drainage appears to be adequate. Additional pavement elevations should be shown for grading so that water is contained on site. The site plan should identify street, show north arrow and show pavement materials, i.e., 1 inch asphalt concrete and 6 inches of rock minimum. Mr. Annunziato advised that he has noted to provide eight additional parking spaces for the recreation building. He referred to Page 2 of the plan where tabulation of the park- ing is shown and stated that what was proposed and provided in the first two submissions was parking based on one for each four persons in occupancy of the building. It was counted at one per each 15,000 square feet. The-applicant has provided for a billiard room, which in his opinion will not require 15,000 square feet per person, but will be limited -5- MINUTES - PLANNING & ZONING BOARD MAY 27, 1980 by placement of the billiard tables. He feels this does not meet the provision of the code. The use of the room could be changed. The applicant is suggesting eleven exiSting parking spaces serving the tennis courts and pool be counted, but he feels they serve the tennis courts and pool and this building should stand on its own. This results in a net loss of eight parking spaces and the recommendation is to provide eight additional spaces to serve this. Mr. Richard Wensing, architect representing Village Royale on the Green Owners League,came before the Board. He informed the Board that the one billiard room, which will be covered by the condominium documents, will have billiard tables as long as the condominium association is there. The maximum would be 30 people in this room with those at the tables and those who can be seated. They do not anticipate that much driving to this complex because two buildings are right adja- cent to it. This supplements the area of the existing club- house. In reference to the eleven parking spaces at the pool, showers and a sauna are being provided in this building for the people who use the pool. It is possible to put in the additional eight spaces, but they will cover the grassed area and decrease the' drainage. He finds no problem with the other comments. He added that there was some conflict with having a roadway gO by Building 9 to the new recreation facilities, so they decided to eliminate that and provide all the parking out front. Mr. Ryder referred to Village Royale on the Green having pro- blems with parking for some time and stated he does not see why we should consider a possible deviation from the code since the number involved is not too great. Even though people will generally walk to this facility, the parking area could be filled in inclement weather. Since the parking area is close to Building 14, overflow parking may be inclined to park on that lot. Because of past history with insufficient parking, we should be careful not to continue the problem. In the previous application, there was access from Victoria Boulevard, but now it is only from 2nd Court. Particularly with this change, the parking requirements should be met. Mr. Wensing clarified that they were not trying to circumvent the code, but their interpretation of usage was different. They do have the space for the extra parking. Md. Annunziato . stated it appears the issue is the placemen~ of billiard tables and ~hether they are permanent fixtures i~ the building. From the code, he cannot see that argument since they could be moved. Whatever is in the condominium documents is an agree- ment between private individuals. The City has had a history of problems with parking being provided at Village Royale on the Green. If it is felt there is a difference in interpreta- tionr the avenue of the Board of Adjustment is always open to the applicant. -6- MINUTES - PLANNING & ZONING BOARD MAY 27, 1980 Mr. DiSalle asked if this recreation building encroaches on the golf property and Mr. Mike Rubin referred to this coming up be- fore and explained that this plan has been approved by their attorney as being fully legal. The owner of both parcels is Village Royale on the Green Owners League. Mr. Rubin then referred to parking and advised they plan to put parking where it is needed most which is next to the audi- torium. Anybody using the saunas would use them in conjunc- tion with the pool. They have allocated 20 people for this. They are trying to put this buildine_ as close to the pool loca- tion as possible. By saving money on the parking areas not needed, they are trying to get another 30 parking spaces by the recreation hall and auditorium since there are only 28 parking places there. If the required amount is put in, they will never be used. They would rather take the money for the eight and put them where parking is actually needed. Mr. Ryder asked if there was adequate space for visitors for parking at the present time and Mr. Rubin replied affirma- tively, but they are trying to supplement parking all over the place. He added that the parking should be centralized, but this building is located in a corner of the total condo- minium. There is no sense in having extra parking at this location, but it should be where it will be used. They cannot see any point of putting parking where it will never be used just to have it there. Mr. DiSalle questioned how the parking was calculated and Mr. Wensing explained that a specified number was calculated for each meeting room. The building adheres to the code with the exception of the billiard room. Mr. George Barnet.t, President of Village Royale on the Green Owners League, came before the Board. He stated he recog- nizes the comments made about their previous history with respect to parking and he does not want any more problems about parking. One of the reasons for attempting to reduce the spaces at this location is they have taken over in their settlement with the developer in addition to the entire re- creation area about five acres of additional land, so they have a great deal of extra space for parking. However, it is their hope to utilize that space for greenery rather than asphalt lots'. They would prefer to exclude the eight spaces and meet the code provisions. However, if the Board feels in order to abide by the code, they should have the additional eight spaces, they will go along with that. They will not quarrel with this Board in the comments made or with Mr. Annunziato that the code requires an additional eight spaces. -7- MINUTES - PLANNING & ZONING BOARD FRY 27, 1980 Mr. Barnett continued that they do have sufficient ground now with the additional private property from the developer, but they would like to use that ground for something in the nature of a children's park. He thinks it would be beneficial not to asphalt it; but if it is necessary, they will go along with it. Mrs. Huckle referred to the sauna rooms being added in the area of the tennis courts and pool area and stated it would seem logical to add the parking in this area and Mr. Barnett agreed, but advised there is no room in this area. He added that the people using the pool in most cases will use the saunas and mainly walk directly from their homes to the pool. Eleven parking spaces are completely adequate. These eleven parking spaces should be counted in the parking for the club house as well. The eleven parking spaces are all that the developer intended originally for the whole club house. Mr. Barnett also explained to the Board that almost everyone in the condominium has now approved this plan with almost no opposition to this plan. Mrs. Huckle referred again to the eleven parking spaces and discussion ensued regarding the calculation applied to using the saunas, showers, tennis courts and pool. Mr. Ryder referred to the applicant saying thiS request is not insurmountable and he agrees there are other areas where parking is needed. He is for staying within the code. He ms also concerned about the availability of overflow parking affecting Building 14. He thinks we should go with what we have required. Mr. Wensing pointed out that if additional parking is added, it would be one more aisle oh the south end. Mr. Annunziato added that with 90 degree parking, it would add 15 feet to the pavement. Mr. Hyman Goldstein, 2515 N.E. 2nd Court, Building 14~ sub- mitted a copy of a duly recorded document describing the golf course location at Village Royale on the G~een. He advised that this shows the description of the golf course to be covered by this plan for the recreation building. It is his opinion the recreation building cannot be built here. Mr. Ryder asked if the recent enactment of the recreation zoning category included this golf course and Mr. Annunziato replied affirmatively, but recreation does provide for a structure of this nature. Mr. Goldstein clarified that they have two different entities, the recreation facility and the golf course. The recreation building should only be built on the common elements. -8- MINUTES - PLANNING & ZONING BOARD ~Y 27, 1980 Mr. Goldstein continued that the Vil Owners League only holds this proper owners. This building can only be b' and not on golf course property. Ab. builders wanted to build four parkin, property, but through the residents ~ tion, this was stopped. However, no~ to build a recreation building on th~ same thing the builder tried to do ti Thompson informed him this informati( what this Board can decide upon. Th~ perty of this golf course is not cle~ Board must decide whether this build~ far as the actual location of the go] pursue this, he should do so when th. Council when the City Attorney is pre input, but it is beyond this Board's Mr. Goldstein continued that he owns corner of Building 14. He paid the to have an obstructed view. He objec [age Royale on the Green zy in trust for the unit ~ilt on common property ~ut three years ago, the ~ lots on the golf course ~nd the City's coopera- the Owners League wants golf course which is the ree years ago. Chairman ~n is beyond the scope of ~ legality and actual pro- Lr on the plan. The .ng can be built and as .f course, if he cares to .s is before the City ~sent. We appreciate the scope. an apartment at the south uilder $1,000 extra not ts to the close proxi- mity of this club house to his apartment. He will be facing a 50 ft. blank wall. He objects to the close proximity of the parking with the noise, lights, etc. This will depreciate the value of his apartment. He would like to recommend where this building should be built. There Building 14 to the end of the Dropert the plan and pointed out the b~ilding to the south and there would be no ob Mr. Goldstein then referred to using and explained that people must be phy sauna and his experience has been to people using it. Anyone who is a saul walking the extra 75 feet. There are into Village Royale on the Green one It is absolutely ridiculous and poor recreation building in this area. It the building 75 feet south. Mr. Ryder stated the Board must addre~ been presented. One thing which was ~ been clarified is that this is in the and since this is a recreation facili~ why we have to be concerned with its Mr. Annunziato then read a letter fr¢ is over 600 feet from y line. He 'referred to could be moved 75 feet ection. · team baths for 50 years ~ically fit to use the find only two or three ~a user would not mind enough buildings jammed )n top of the other. ~lanning %o jam the would not harm it to move ~s the plan which has .mportant and which has recreation category ~y, there is no reason .ocation. ! Mr. Gildan, attorney for the Village Royale on the Green O~'ners League, stating that based on his observation of the ~lan for this recreation building, it is his opinion that the plans as shown violate no conditions of the lease or agreements. -9- MINUTES - PLANNING & ZONING BOARD MAY 27, 1980 Mr. Annunziato stated that he thinks this clarifies the legal- ity of this application. It seems logical that the president of the Owners League has the authorit~ to make this applica- tion. Mr. DiSalle asked if we are concerned with the legality regard- ing the location and whether encroaching on the golf course property and ~Mr. Annunziato replied that we cannot address that issue, but their attorney did address it and does not feel it is in violation. Mr. DiSalle made a motion for site plan approval for the recreation building at Village Royale on the Green, N. E. 2nd Court, in accordance with staff recommendations. Mr. Winter seconded the motion. No discussion. Motion carried 6-0 with Mr. Drew abstaining. ADJOURNMENT Mr. DiSalle made a motion to adjourn, seconded by Mrs. Huckle. Motion carried 7-9 and the meeting was Droperly adjourned at 9:15 P.M. - Respectfully submitted, Suzanne M. Kruse Recording Secretary (Two Tapes) -10- DATE: TI~iE: PLACE: May 27th, 1980 7:30 P.M. Council Chambers City Hall A G E N D A PLANNING AND ZONING BOARD Regular Meeting 2. 3. 4. 5. Acknowledgement of Members and Visitors. Reading and Approving of Minutes. Announcement. Communications. "Citizens Awareness" Presentation: Howard Johnson, Palm Beach Co. Schools, Division of School Plant Planning Old Business: New Business: A. Subdivision Pre-Application: 1. Applicant: Location: Legal Description: Project Description: Murp'hy Construction Co. (Ron Dixon,agent) North of S.E. 9th Avenue, east of S.E. 7th Street, adjacent to the Intracoasta! Waterway Boynton isles~ Lots 1 & 2 & Tract A 10 lots on 2.5 acres B. Site Plan Approval: 1. Applicant: Location: Legal Description: Project Description: Village Royale on the Green, Owners League, Inc. (Richard Wensing, agent) N.E. 2nd Court See Survey Recreational Building