Loading...
Minutes 04-08-80MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, APRIL 8, 1980 PRESENT Arnold Thompson, Chairman Fred DiSalle, Vice Chairman Lillian Bond Wayne Drew Marilyn Huckle Simon Ryder Garry Winter 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 and Assistant City Planner. He recognized the presence in the aud- ience of Councilman Joe deLong and Councilman Marty Trauger and City Manager Peter Cheney. MINUTES OF MARCH 25, 1980 Mrs. Bond made a motion to approve the minutes of the March 25 meetingf seconded by Mr. DiSalle. Motion carried 7-0. ANNOUNCEMENTS Mr. Grabeel announced on April 16 and 30, the City Council has set public hearings for the zoning map and ordinance amendments and these will be held here in the Council Chambers at 7:30 P.M. CITIZENS AWARENESS PRESENTATION Chairman Thompson announced the representative was unable to attend and there will be no Citizens Awareness Presentation tonight. NEW BUSINESS Subdivision Pre-Application Applicant: Location: Project Description: Boynton Interchange Plaza (Dan O'Brien, Agent) East of the LWDD E-4 Canal, West of the Seaboard Airline Railroad, South of Woolbright Road and divided by the proposed plat of Boynton .Central Park P.I.D. 12.25 acres/Commercial Uses Mr. Grabeel explained the location and advised the western parcel is zoned C-1 and the eastern parcel is zoned C-3. He told about the background of the zoning on these two parcels. The utilities are tied into the P.I.D. development and access would be through the easement between the two parcels which is part of the P.I.D. MINUTES - PLANNING & ZONING BOARD APRIL 8, 1980 Mr. Grabeel then read the attached letter dated March 19, 1980 from Mr. Daniel J. O'Brien of O'Brien, Suiter & O'Brien, Inc. He also read the attached memorandum to the City Planner dated March 24, 1980 from Mr. Kevin Hallahan, Urban Forester. Mr. Grabeel stated in reference to staff comments, other than the Urban Forester's memorandum, which is a recommendation, there are no staff comments. Consequently, the staff recommen- dation is approval. Mr. Ryder stated he understands this is coming in as a subdivi- sion application and it will have to conform to the subdivision regulations. Apparently in this pre-application, the applicant is establishing the two lots, but the commercial uses are not designated. According to the flow chart for the subdivision regulations, at this time whatever action we take does not go to the City Council. What we are doing is preliminary acting on these two lots. He feels the Forester's report is very im- portant. This area is very heavily wooded. We have given assurances to the developer across the canal that the trees to the east of the canal will remain. It is important to see as many trees are left as possible. The Forester's recommendation is worthy and should be kept in mind. We should insist on an existing tree survey, so we can compare with the site plan to see what steps are being taken to preserve as many trees as possible. Chairman Thompson asked if this developer was going to be re- quired to develop the road through the property for the property owner to the south and Mr. Grabeel informed him the road is part of the P.I.D. Mr. Ryder moved that this Board approve the subdivision pre- application of Boynton Interchange Plaza, specifically with regard to the two areas which are zoned for commercial use and which lie between the southerly part of Woolbright Road and the proposed Boynton Central Park P.I.D. Mrs. Huckle seconded the motion. No discussion. Motion carried 7-0. Site Plan Approval Applicant: Location: Project Description: Village Royale on the Green, Owners League, Inc. Richard WenSing, Agent N. E. 1st Court Recreational Building Chairman Thompson referred to members of the audience wanting to speak regarding this site plan approval and advised that everyone will be given the opportunity. -2- MINUTES - PLANNING & ZONING BOARD APRIL 8, 1980 Mr. Grabeel informed the Board that the zone is R-3 for the recreational building and the area of the site is slightly over five acres. This is located in the southeast corner of the Village Royale on the Green area, north of 22nd Avenue, east of Victoria Boulevard, and access is from N. E. 2nd Court and Victoria Boulevard. Utilities will be provided from N. E. 2nd Court to the building. The building is approximately 4,795 square feet. Parking is based on a membership of 215 and 54 spaces are required which are proposed and provided. There are some property line easements which are crossed, but the parking is already there at the condominiums and even though it encroaches, it does not affect the plan. Mr. Richard Wensing informed the Board that a 4,800 square feet recreational building was being proposed which will supplement the existing clubhouse with needed meeting rooms. The main en- trance will be off No E. 2nd Court. A private drive will come in from the other area to facilitate people from this part of the complex. Pedestrian walkways are anticipated from the existing pool area. They hope to compliment the existing pool and tennis courts with this building. It is a one story CBS structure. Mr. DiSalle referred to a golf course being indicated and Mr. Wensing informed him this is part of the presently existing golf course. Mr. DiSalle asked if this would break up the golf course and Mr. Wensing replied negatively as the walkway is already there. Mr. Ryder clarified that apparently the first hole is not disturbed and Mr. Wensing agreed. Mr. Ryder asked if the access from 2nd Court would be a new access and not part of Building 14 and Mr. Wensing replied affirmatively. Mr. Ryder asked if the plan shows the extent of the walks on 2nd Court and Mr. Wensing replied affirmatively. Mr. Ryder questioned how far the walks extend to the west and Mr. Wensing pointed out on the plan that they are shown extend- ing about 30 ft. beyond the driveway. Mr. Ryder asked if there is an existing walk on 2nd Court and Mr. Mike Rubin informed him there is no walk directly from 2nd Court, but there is a Walk existing from Building 14 to the pool. There is a walk from the parking lot of Building 14 directly to the pool and patio. There is no walk at all along 2nd Court. Mr. Grabeel referred to the staff comments and advised the Building Official noted the following comments: Health De- partment approval required for sewer flow if in excess of 2,000 gallons a day, finish grade elevations not shown in paved areas or swale and landscaped areas~ handicapped entrance to building not indiOated on plan. -3- MINUTES - PLANNING & ZONING BOARD APRIL 8, 1980 Mr. Grabeel advised that Mr. Clark has requested the elevations for grading to be shown on the plans; the significance of the parcels, i.e., Parcel A and Parcel B, should be clarified as to ownership so a determination concerning the necessity for ease- ments can be made; if the driveway crosses more than one property ownership, an easement will be required; and parking lot construc- tion must be a minimum of six inches of rock and one inch of asphaltic concrete. The Police Department has noted a stop sign at Victoria Boulevard or N. E. 1st Court and lighting on the driveway coming in from Victoria Boulevard. The Planning Department has noted to make the east drive two way to provide 22 feet for dumpster access. Mr. Ryder asked if Mr. Wensing had any comments and Mr. Wensing replied there would be no problem with these recommendations. He would like to read a letter which may clarify the signifi- cance of Parcels A and B and how they relate. He then read a letter dated March 19, 1980, from Mr. Herbert L. Gildan, Attor- ney, advising that the plans as shown violate no terms in the owners' recreation lease or condominium declaration. Mr. Ryder clarified that Parcels ~ and B are under the same owner- ship and Mr. Wensing agreed. Mr. Wensing referred to the other comments read and advised the handicapped entrance will be in the front of the building, the building elevation will be proper, they will install stop signs, and the entrance will be two way. Mrs. Bond asked if there were parking spaces for the handi- capped and Mr. Wensing replied affirmatively and pointed out that two are indicated at the front and they will also provide some on the other side. Mr. Ryder asked if the planting is all new and Mr. Wensing replied affirmatively. Chairman Thompson asked if anyone in the audience wanted to speak in favor of this request and received no response. He asked if anyone wanted to speak in opposition to this request. Mr. Paul Levine came before the Board and advised he is a unit owner at Village Royale on the Green. He speaks in opposition to this plan on the grounds that the petitioner has no authority to submit such a plan. He bases his state- ment upon the fact that about three years ago~when the deve- loper created the management company and it went into bank- ruptcy, it was required at that time that the 14 associations create a 28 man maintenance board consisting of two representa- tives from each of the 14 buildings. They were to maintain and manage this recreational complex in order to preserve their rights. In May 1978, the 14 associations banded together and raised the money to buy the recreational property which was then made the subject of a contract dated May 1978. At that time, the Unit Owners League became holders of title as trustee to use that property for the use and benefit of all the owners. -4- MINUTES - PLANNING & ZONING BOARD APRIL 8, 1980 Mr. Levine continued that the Owners League undertook to do things not as stated in the condominium declaration or recrea- tion lease agreement, but by a committee appointed by them. There was never a 28 man committee ever organized. There never has been filed any amendment to this recreation use agreement or declaration of condominium which is required to be filed in the County. At.this time, the application sub- mitted is based upon lack of authorization to present such an application. Mr. Levi~ then read a paragraph from a contract requiring 75% approval of the unit owners to allow the Owners League to do anything and advised they have failed to obtain this. This application is based on lack of authority. He believes it should be withdrawn by them or denied by this Board. He thinks they should get authority from the people involved, so the clubhouse can be built with their knowledge and consent and at a site they might approve. Mr. DiSalle asked if a petition has been circulated among the residents asking them to indicate their dissatisfaction or agreement and Mr. Levine replied that during the last 48 hours, a petition has been circulated among some of the buildings° He has personally reached approximately six buildings and has found over 220 individuals who have indicat~ they are not pleased with what is going on and never voted upon this and never gave authority to the Owners League to file this appli- cation. Mr. DiSalle questioned what percentage 220 owners would be and Mr. Levine replied approximately 25%. Mr. Ryder asked if Mr. Wensing could elaborate on the authoriza- tion and Mr. Wensing replied unfortunately the attorneys are not present, but the letter states this plan does not violate any terms of the lease or agreements entered. Mr. Gildan has been working with them since the beginning of this project and has given legal advice. They challenge whether Mr. Levine represents the association. These plans were presented to the association and approved. It is unfortunate the people waited until now to express their dissatisfaction. Even if delayed, they will be back and show they are right. Mr. George Barnett, President of the Owners League, came before the Board and stated he has signed his name to this application. At the time the developer owned the recreation area, there was a good deal of question because the long term lease provided a second clubhouse must be built by the developer. The owners engaged in all types of battles with the developer and insti- tuted a number of law suits to determine their rights. Village Royale on the Green consists of 14 separate condominiums. Each building has one separate autonomous association. The original lease between the developer was entered into by and between 14 -5- MINUTES - PLANNING & ZONING BOARD APRIL 8, 1R80 associations and the developer. The recreational land was owned by the developer and the tenants were the various asso- ciations. The rights of the unit owners are within the asso~ ciations. This was a lease between the landlord and the asso- ciations. The associations of the condominiums are controlled by the board of directors of each association, The only person who can act on behalf of that association is the board, A unit owner has no authority to act for the association. Consequently any agreement which is to be made on behalf of an association must be made by the board. There is no provision for the unit owners to do that. They can only act indirectly through their boards. The law suits instituted against the developer were instituted by the associations, One of the law suits was to seek determination of %he question of damages for the value of a second clubhouse. Eventually all the law suits were settled with the developer. One of the provisions was to buy the recrea~ tional rights. It was determined in a contract that purchase of the recreational areas and purchase of the lease would be made by the Owners League. They entered into an agreement on April 12r 1978, between the Owners Leag%~and the various associations. Mr, Barnett stated in regards to the committee mentioned by Mr, Levine, the long term l~ease had a provision that when the deve- lopers corporation stops managing, at that point a committee consisting of two representatives from each association would become the committee which would run the recreational area. He then read the clause from Article 5 with this statement, He further read a clause that the parties agree the League direc- tors and alternates are designated and deemed to be the commit- tee defined in the recreational use lease agreement~ Since the committee became identical with the League, this was spelled out in various agreements. The League became the same as the commit- tee, Mr. Barnett continued that the League proceeded to carry out the terms of settlement with. the developer.~and proceeded on a program of construction of various facilities which the deve- loper was obligated to provide, The League has been governing as the committee. Another agreement was made dated June 15~ 1978, which re-affirmed the fact the League was responsible for various construction, The League raised money to do this work and the League has possession of those funds on behalf of the entire complex and as trustee for the various associations. There is no need to amend t~e declaration because they acted within the declaration, The long term lease is part of the declaration and is on file, The League has every valid right and the only one having the right to represent the associations and the entire complex in an application of this nature, They are completely within their rights as a committee. They have contracts with every one of the 14 associations to act on their behalf, TheY are now the landlord and the various associations are the tenants. They have every right in the law and by agree- ment to act on behalf of every association. They are the only ones who can present this application. -6- MINUTES - PLANNING & ZONING BOARD APRIL 8, 1980 Mr. Ryder asked whether the Condominium Act of 1975 has been amended in any way to provide for any c~ange where in the con- dominium buys the lease and the recreation lease from the builder and Mr. Barnett replied that he does not know of any change which would affect them. They acted under a 1976 statute. They bought the real property and indirectly acted for every one of the 881 unit owners. Mr. DiSalle asked if the people in Building 8 find the pro- posed road objectionable and Mr. Barnett replied that he spoke to the President of Building 8, Mr. Feinberg, and he said they had no objections. They did have something to say about the location of the driveway, but it was moved f~her back. The League did take a vote whether to file these plans and on March 6, the plans were approved by the Owners League. Some changes were made after that as requested and a vote was then taken at a subsequent meeting. He understands that two build- ings abstained from the vote at that time, 'but has now been told they are in favor of the plan. Mr. Barnett added that the gentleman who spoke previously is one of the directors of a board, but he doesn't speak for the board as he has a letter from that board saying they are in favor of this plan and support it. Mr. DiSalle referred to Building 14 being 75 feet from the recreational building and asked if they find it objectionable and Mr. Barnett replied negatively. Mr. DiSalle questioned the percentage in favor and Mr. Barnett replied at least 85% if not more° Mr. Ryder announced this is outside our purview. We must con- sider whether the site plan submitted is proper. After our recommendation, the plan will be forwarded to the City Council. At the Council meeting, the City Attorney will be present and if the people feel there is a legal basis for objections, they should present it at that time. It is not within our province at all to go into the matter of the condominium documents. We are limited to the merits of the plan and the recommendations made by the Technical Review Board. Chairman Thompson added that if Mr. Levine wanted to present anything~ it would be proper to do it at the City Council meeting. This Board can only act upon this plan as it pertains to the City ordinances and codes. Mr. Nathan Rovner, resident of Building 8, stated that he dis- putes Mr. Barnett's statement that the majority of the people approve this plan. It was unanimously disapproved by his build- ing and their representative was instructed to vote against it. Chairman Thompson recommended that this be put in documentation form to be presented to the City Council. -7- MINUTES - PLANNING & ZONING BOARD APRIL 8, 1980 Mr. Ryder stated we are all aware of the fact this has been on the agenda on and off over a period of several months and pre- sumably when it met with general accord, it would be presented. Mr. DiSalle stated he thinks it is important to establish whether the people are acceptable to this recreational building and Chairman Thompson replied that at this point, they are not pre- pared to submit this type of documentation and we must act on the plan as it pertains to the ordinances and codes. As the application is presented, it is signed by the President of the Owners League and he assumes there must have been some permis- sion from the members of.the condominiums to get to this point. Mr. Barnett advised that he has the documentation and Chairman Thompson suggested that he submit this to the City Council. Mr. Levine requested to be heard again on the question of authorization with respect to what Mr. Barnett has said and Chairman Thompson replied that if he has any documentation regarding the legality or who is for or against this, it sould be presented to the City Council. This Board cannot act on that. We will consider the plan itself. Mrs. Huckle questioned Mr. Wensing's relationship to this pro- jectJand Mr. Wensing informed her that he is the architect. Mr. Ryder moved that this Board recommend to the City Council approval of the site plan presented on behalf of Village Royale on the Green for a new recreational building subject to staff comments. Mrs. Bond seconded the motion. Motion carried 6-0 with Mr. Drew abstaining. ADJOURNMENT Mr. Winter made a motion to adjourn, seconded by Mrs. Huckle. Motion carried 7-0 and the meeting was properly adjourned at 8:30 P. M. Respectfully submitted, Recording Secretary (One Tape) 8 O'BRIEN, SUITER & O'BRIEN, INC. Land Surveyors Civil Engineers Land Planners March 19, 1980 DELRAY 276-4501 BOYNTON 732-3279 City of Boynton Beach Planning and Zoning Board P. O. Box 310 Boynton Beach, FL 33435 MAR 2 0 1980 Re: Boynton Interchange Plaza - A Proposed Subdivision Gentlemen: Accompanying this correspondence is a sketch plan depicting the mentioned site. This site is 12.25 acres in size; lOcated East of the Lake Worth- Drainage District's E-4 Canal, West of the Seaboard Airline Railroad, South of WoolbrightRoad and divided by the proposed plat of Boynton Central Park P.I.D. The land is presently zoned Comnercial and although it was plan- ned to be utilized as ~n office complex and motelsite; at.present, the nature of what commercial use will be Utilized is UnknOwn. The property has an elevation range of from +10 feet to +21 feet above Mean Sea Level,** with sub soils consisting of medium fine sands. The property is wooded, having pine, palmetto and oak amongst other varieties of trees. ' Public water will be supplied to the site-by the City of. Boynton Beach as per an agreement entered i~to by the City'and the Developer. An agreement has been entered into with Florida Power and Light to service this property with power and phone service along with the service to the City's well sites and the adjoining development entitled 'Boynton Central Park P.I.D.' Sanitary sewer services will be in connection with the City's approved utility plans for the Boynton Central Park P.I.D. The proposed drainage of the site is also incorporated in the said Boynton Central Park P.I.D. Development. If we can be Of further assistance in this matter, feel free to contact this_ office at, your convenien~ce. ",~ Daniel J. O.'~Brie~; LYES. pJO/p 7 ~closure , ,- ..- MEMORANDUM City Planner DATE 3/24/80 Kevin Hallahan, Urban Forester Boynton Interchange Plaza Site Survey of T~ees Section 32, Township 45'.South, Range 43 East As par:t:of~my-concern for energy conservation.land- scaping Beach,'I am reviewingthe land areas of proposed building Sites~to see how large existing trees can be incorporated into_the building project. Aarge ~ees, 'properly aligned adjacent to Structures, can reduce ~energy consumption~for air conditioning, as well as proViding_ aesthetic'beautification to the'site. It is my hope thateventually ~e'can establish a working relatiOnship with builders-to make maximum utilization of existing tree cover as part of all'deVelopment schemes proPosed for the future. There exists on this particular site, large stands of mature and sapling Slash Pine'.which, if properly proteCted and assimilated into .the proposed0ffice~buiiding comPlex (Lot 1) will provide-exCellent~Opportunity fOr energy conservation landscaping. Adjacent~to the railroad tracts (Lot _2) there is another stand of Slash Pine which can be Used as part of the hotel-restaurant building plan. See,.:the Preliminary Plat' of this area for the . approximate locationof both these stands.~ 'In this time Of-rapid poPulation growth within-BoyntOn Beach and costly energy production it would be of great'benefit to the poPulous and wise decision.making by all Staff members involved, to make maximum use of the natural "Cooling affect" afforded by existing trees in the landscape. An additional, management tool which can beapplied-in' ' ' this' context, is to haVe all proposed building-plats include an ~existing tree survey," which would show approXimate location of all trees (above certain size DBH) on the "undeveloped" land, Incorporating these-trees:into the conservation plan of landscaping will be. part of the challenge- of establishing.a successful Urban Forestry Program for the City. I-~ill be continuing" to research into the positive affects of.energy conservation landscaping., collecting supportive 'data that will clearly 'show the need for a decisive plan of action for instigating this type of landscaping into the overall'planning of BoyHton Beach. Please make any comments that you feel will be necessary to include in the working of this effort. Thank you. KH:pf ~¢in Hal~anan, Urban For~stor AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: April 8th, 1980 TIME: 7:30 P.M. PLACE: Council Chambers City Hall 1. 2. 3. Acknowledgement of Members and Visitors. Reading and Approving of Minutes. Announcement. 4. Communications. 5. "Citizens Awareness-.Presentation: .Mr. Ned Brooke of the Metropolitan Planning Organization topic entitled: Urban Transportation Planning 6. Old Business: 7~ New Business: A. Subdivision.:Pre-Application: 1. Applicant: Location: Legal Description: Project Description: Boynton Interchange Plaza (Dan O'Brien,agent) East'of the LWDD E-4 Canal, west of the Seaboard Airline Railroad, south of Woolbright Rd. and'divided by the proposed-plat of Boynton Central Park P.I.D. See Survey 12.25 acres/Commercial Uses B. Site Plan-Approval: 1. Applicant: Location: Legal Description: Project Description: Village Royale on the Green, Owners,League Inc (Richard Wensing, agent) ' N.E. 1st Court See Survey Recreational Building