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Minutes 10-09-79MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, OCTOBER 9, 1979 AT 7:30 P. M. PRESENT Arnold Thompson, Chairman Lillian Bond Ezell Hester Gene Johnson Simon Ryder Carmen Annunziato, City Planner Craig Grabeel, Asst. City Planner ABSENT Fred DiSalle, Vice Chairman (Excused) Caesar Mauti Chairman Thompson welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board and City Planner. MINUTES OF SEPTEMBER 25, 1979 Mr. Hester made a motion to approve the minutes as written, seconded by Mr. Johnson. Motion carried 5-0. ANNOUNCEMENTS Mr. Grabeel announced there will be a presentation at the next meeting, the first in the series of citizens' aware- ness programs, by Mr. Bob Bergen of the Pine Jog Environmental Center. The nature of the presentation will be a slide show depicting the ecological system of South Florida. Mr. Grabeel recommended inserting on the agenda after the item of Communications, Item 5 - Citizens' Awareness Programs, prior to resuming any Old Business. Also, for the purposes of advertising public hearings, he thinks it would be advis- able to change the time from 7:30 to 8:00 P. M. to accommo- date the time for the presentation. Mr. Annunziato added that we will not be able to commence the public hearings for October 23 at 8:00 P. M. because they are already advertised, but this will be done from November on. Mr. Annunziato announced that on October 1, the consultants from Motorola submitted their application for development approval to the Treasure Coast Planning Council. Everything is on track now for the Motorola development in the City. Mr. Annunziato referred to the Abandonment Request listed under New Business on the agenda and announced that due to an error in the advertisement, this was scratched from the agenda and re-advertised and will re-appear on the agenda for October 23. MINUTES - PLANNING & ZONING BOARD OCTOBER 9, 1979 OLD BUSINESS Subdivision Regulation Pre-Application Applicant: Location: Project Description: Edgewood Heights (Danny O'Brien, Agent) North of N.W. 8th Ct. at Old Boynton Road 21 residential lots on 6.13 acres Mr. Annunziato requested this application to remain on the table since the applicant just submitted a revised drawing today and the staff has not been able to review it. This will appear on the agenda for the meeting of October 23. Letter from the Building Official, Bud Howell - Re: Boat Houses on Private Lakes, Canals and Waterways Mr. Howell informed the Board that he wrote this letter because he feels when he runs across something in the zoning ordinance which he feels puts a hardship on the citizens of Boynton Beach that it is his place to bring it before this Board. In this instance, he has run across a problem which he feels is a hardship on the citizens. When people buy waterfront lots, he feels they are buying them with the intention of having boat docks and possibly boat houses. He feels it is unfair for them to have to go before the Board of Adjustment and pay a fee of $150 to ask for a set- back variance when their lozs are backed to waterways in the rear of their homes. He feels the Board should possibly con- sider this for an ordinance change, such as we did in allowing utility buildings within the setbacks of the rear property lines because we felt that ordinance was unfair to the citi- zens of Boynton Beach. He suggests, possibly the size be limited and recommends 300 square feet under roof within the column limes. Also, possibly the Board may want to consider requiring the roof to be in conformance with the house roof so it would be aesthetically in Conformance. Basically this is his opinion and he requests the Board to consider this. Chairman Thompson asked if any permits were required from a state agency pertaining to waterways and Mr. Howell replied affirmatively that it is required by.the Building Department if it is on a Lake Worth Drainage District ca~at or waterway under their jurisdiction. Ordinarily they are in agreement to allow this. Mr. Ryder asked if the Board of Adjustment has granted vari- ances for boat houses and Mr. Howell replied affirmatively. He added that we do have violations because of the way the ordinance is written and he explained they have been approved in the past when shown on site plans. -2- MINUTES - PLANNING $ ZONING BOARD OCTOBER 9, 1979 Mr. Ryder clarified that the City does not have control how it is going to be built and Mr. Howell agreed. He explained his recom- mendation for 300 square feet was based on considering the size of the largest lake boat and having ample room to house it. Mr. Ryder agreed it would seem advisable to have some way to control this rather than the present system with a variance being ob- tained and not having any control. He also feels it would be advantageous to see certain areas removed out of the province of the Board of Adjustment because he feels their variances negate our zoning ordinances. Chairman Thompson suggested handling this by a motion from this Board to the City Council and Mr. Annunziato suggested it might be better if the Board has a specific recommendation. He suggests that possibly he and Mr. Howell prepare an ordinance proposal for the Board's review. Mrs. Bond made a motion that Mr. Annunziato and Mr. Howell get together and prepare an ordinance for this Board to present to the Council pertaining to boat docks on private lakes, canals and waterways, seconded by Mr. Ryder. Motion carried 5-0. NEW BUSINESS Public Hearing - Rezoning Request Applicant: Location: Legal Description: Use: Request: Christian Development Corp. of Boynton Beach, Inc. - Clyde Worrell, Agent S.W. 19th Avenue and Congress Avenue Palm Beach Leisureville, Tenth Section, Parcel E Continuation of construction of multi-family dwellings Rezone to R-3 from C-1 Mr. Annunziato stated at the final public hearing of the Compre- hensive Plan, Mr. Worrell made a presentation to the City Council expressing his feelings on the use of this land currently zoned for commercial purposes. At that time, the City Council and he concurred that multi-family would be a less intense use than commercial. The City Council did ask to change the future land use in this plat on the Comprehensive Plan. He asked Mr. Worrell to follow this with an application in compliance with the Compre- hensive Plan. Mr. Clyde Worrell, 915 Palm Trail, Delray Beach, stated this property is contiguous to the property in Palm Beach Leisure- ville Tenth Section where they are developing Parcel K. They are completing 38 units presently. They anticipate the second phase being on Parcel E with 43 to 47 units depending on the abandonment. They feel this would be the best land use and it will be a continuation of the type of construction they are pre- sently involved with at the present time. -3- MINUTES - PLANNING & ZONING BOARD OCTOBER 9, 1979 Mr. Ryder clarified that this application indicates the plan is to continue to construct the type of units being built now and Mr. Worrell agreed. Mr. Ryder continued that once a recommenda- tion is made for R-3, the applicant can resort to any permissive use. He would not want anything other than single story units to be built. However, this is different than considering rezon- ing in an area entirely virgin since the character of this neigh- borhood is established with single story homes. He thinks the impact of anything other than that certainly would be damaging. He thinks we should have some kind of assurance this is what is going to happen. Mr. Worrell stated the intended use is to con- tinue zero lot line single story construction. They do have an obligation to build a swimming pool with the residences. However, if they don't build on it, he cannot guarantee anything. They do have tentative pre-sales on this property and intend to begin construction immediately. Chairman Thompson clarified that they plan the same type of construction which is to the south and Mr. Worrell agreed. Mrs. Bond questioned how many units would be built and Mr. Worrell replied that R-3 allows 10.8 units per acre and it will be near that. Abandonment of the roadway may change it. Mrs. Bond referred to a swimming pool being built and asked if it would be a recreation area and Mr. Worrell replied affirma- tively, for the land residents. Mr. Annunziato added if this property does develop, it does have to be replated in a single family format and all the subdivision regulations would be mm- posed. Chairman Thompson asked if anyone from the audience wished to speak in favor of this rezoning request. Mr. Marchese, 1901 Roma Way, stated if the same type of struc- ture is going to be built, he has no objection to it. He is very pleased to see residential rather than a commercial enter- prise. However, he is concerned about the 30' easement and hopes houses wilt be built on that too. Mr. Annunziato in- formed him this abandonment was not a matter for discussion tonight. The abandonment application will be heard at the meeting of October 23. Mr. Joseph Maezes, 2207 Roma Way, stated he was confused about the road abandonment and Mr. Annunziato informed him the reason it is not for discussion tonight is because it was advertised improperly and it has been re-advertised and will be heard on October 23. Mr. Maezes asked if this had anything to do with rezoning to R-3 and Mr. Annunziato replied negatively. Chairman Thompson added that these are separate requests and he explained that i~ was intended to handle both together, but due to an error in advertising this could not be done. -4- MINUTES - PLANNING & ZONING BOARD OCTOBER 9, 1979 Mr. Hester made a motion to accept this rezoning request to R-3 for Christian Development Corp., seconded by Mr. Johnson. Mr. Annunziato requested the motion to reflect this request is con- sistent w~th the approved Comprehensive Plan for the City. Mr. Hester and Mr. Johnson agreed. Motion carried 5-0. Site Plan Approval Applicant: Location: Project Description: Flagship Bank (Robert Bernzotz, Agent) N. E. Corner Congress & Woolbright Road Branch Bank Mr. Annunziato referred to the site plan and advised this re- quest is for a branch bank for Flagship First National Bank. Several months ago, this property was rezoned from R-3 to C-1. This application represents the site plan for a portion of the property rezoned to C-1. The intention of the applicant is to sell the eastern 1/3 of the property. The plan provides for a building area of 2,933 square feet including the covered drive thru area. The required parking spaces are 10 and they have provided on site 47. Mr. Robert Bernzotz, 2837 - 26th Street, North, St. Petersburg, Florida, informed the Board this branch bank is proposed to have a three lane drive-in with approximately 2,300 square feet of inside area and designed for six lanes in the future. There is access off Woolbright Road and Congress Avenue, but he doesn't think a median cut will be allowed on Wooibright Road as shown on the plan. Mr. Ryder asked if it was too close to the inter- section and Mr. Bernzotz replied that he understands 640 feet is needed to an intersection for a median cut, but he will be meet- ing with the engineers. Mr. Johnson referred to the storm water~etention and Mr. Bernzotz explained it would be a pit with the overflow slowly draining into the canal. He told about finding a storm sewer tonight on the corner running northeast into the canal. Mr. Annunziato referred to the staff comments. He read the memo from the Building Official requesting: "Handicap parking spaces required equals two, in addition to signs for same. One is shown on plan with no sign. Palm Beach County approval for turn-outs on Congress Avenue and Woolbright Road required. Side- walks on Woolbright Road as per ordinance and bike path on Con- gress Avenue per plan. Show existing elevations of adjacent property on east side." Mr. Annunziato read the memo from Mr. Clark stating: "The subject site plans should be revised to show that all water for the first hour of a three-year storm will be retained on site. -5- MINUTES - PLANNING & ZONING BOARD OCTOBER 9, 1979 Overflow pipes should be identified as emergency overflows and will require permits from the Water Management District and from the Lake Worth Drainage District. Inlet structures and outlet structures should be detailed with elevations. Pipes should show invert elevations. Pond areas should have dimensions. Grassed areas should show finish grades. Elevations should be shown for Congress Avenue and Woolbright Road. If part of the property will be sold off in the future, the drainage computa- tions should exclude the area to be sold." Mr. Annunziato then read the two comments listed by Mr. Cessna: 1. They will install a grinder pump type private lift station of such capacity as to serve this bank and the Savings & Loan, which will be just east of it. They will also have to install an appropriate force main by jack and bore method under Woolbright Road to empty into the sewer being installed by Sun Bank. 2. Water will be served from the extension of the water line on the south side of the street if the 16" line being installed by the City has not been built and placed in service by the time they are ready for water. Otherwise, they will connect onto the new 16" line. Mr. Annunziato continued that the Police Department has noted there must be adequate exterior lighting and parking lot lights, stop lights at the east entrance, and stop sign on Woo!bright Road. The Public Works Department noted there will be no under- ground garbage cans. Mr. Annunziato advised that his comment was to eliminate the driveway on Congress Avenue. He explained how this exit was in close proximity to the canal right-of-way and bridge and he thinks it would be dangerous. He also noted a hedge to be planted to the rear to be consistent with the zoning regula- tions, provide arrows in the parking lot, provide lane dividers every ten parking spaces, and provide a landscape buffer on the east side. Mr. Annunziato summarized that the recommendation is to approve subject to staff comments. Mr. Bernzotz stated none of these comments are a problem except eliminating the driveway on Congress Avenue. If they cannot get a median cut, they will have no access for northbound traffic. Mr. Annunziato explained how the way it was shown would create a problem considering the shape of the land. Discussion ensued pertaining to the road and bridge widths and access. Mr. Annunziato asked if the County Engineer had seen this configura- tion and Mr. Bernzotz replied negatively, but he has a meeting scheduled with him. Mr. Annunziato suggested the solution might be to construct a joint driveway for both properties with a median cut and this was discussed. -6- MINUTES - PLANNING $ ZONING BOARD OCTOBER 9, 1979 Chairman Thompson stated this Board can table this until recom- mendations are received from the County Engineer or approve it with staff comments which would restrict the applicant until he gets permission from the County. Mr. Bernzotz stated they will work with the staff. If a drive- way must be eliminated, it will be. They still have to get county permits which is part of the building procedure. Mr. Annunziato added the City will work with the applicant to secure at least one median cut on Woolbright Road to serve these proper- ties. Mr. Johnson made a motion to accept this plan with staff comments for the Flagship Bank, seconded by Mrs. Bond. Motion carried 5-0. Applicant: Location: Legal Description: Project Description: Waters Edge Condominium (Tom Erling, Agent) 2030 N. Federal Highway Sam Brown Jr., Lot. 10 Wood Dock Mr. Annunziato informed the Board this site plan application is an addition to the Waters Edge development which was previously approved and platted. The dock was not included in the site plan, so the applicant is requesting approval of the dock into the Intracoastal. One staff comment was made and that is to light the dock for safety purposes. The recommendation is this be approved subject~to providing dock lighting. Mr. Tom Erling stated that permits have been granted from the Corps of Engineers, Environmental Department of Natural Re- sources and he did not realize site approval was required. Mr. Ryder questioned the nature of the construction. Mr. Erling informed him it would be a wooden dock with approximately 12 spaces for the residents. There will be a street light on it. Mr. Hester moved to approve this plan for a dock for the Waters Edge Condominium with staff comments, seconded by Mr. Johnson. Motion carried 5-0. Preliminary Plat Applicant: Location: Project Description: Hy-Lib, Inc. West of Laurel Hills, East of E-4 Canal North of 01d Boynton Rd. & South of Boynton Canal Single Family Subdivision/57 Building Lots Mr. Annunziato stated the preliminary plat materials submitted are consistent with the new subdivision regulations. He referred to this application being submitted in various forms over theyears and -7- MINUTES - PLANNING & ZONING BOARD OCTOBER 9, 1979 explained that it was approved by the City Council in 1978 under the old subdivision regulations. The ordinance in effect at that time provided for filing of ~he plat within 90 days. However, the recent plat did not occur until the proper bonds were sub- mitted to the City. Bonds were not filed within the specified time and in the opinion of the City Attorney, the plat expired. Since Spring, there has been an effort to revitalize Sky Lakes in the form existing under the old subdivision ordinance. When this was given to the staff for comment, there was the feeling if this plat was going to be re-approved, it should be consistent with the current subdivision regulations. Many things have changed such as the right-of-way width, parks and recreation requirements, new utility ordinance, street light requirement, Water Management District review, etc. He thinks most of these items are alluded to in Mr. Herring's letter. The applicant has agreed to most of the new ordinance requirements, but two areas of concern remain. Mr. Annunziato stated one area of concern is the width of the roads. The current ordinance permits a 50 ft. right-of-way only if built with mourtable curbs. The Water Management District will not issue a permit to the applicant if the subdivision is constructed entirely with mountable curbs, but will permit Phases 2 and 3 with curbs. The only option open would be to seek a var- iance to the subdivision regulation from the City Council request- ing they be permitted to construct Phase 1 with 50 ft. rights-of- way uncurbed. He believes this is one area the Board may want to make a recommendation on. Mr. Annunziato stated the second issue is the reluctance of the applicant to participate in the policy of the Board to forward .4 of 1% of the sales price to the School Board for school con- struction. This is something else the Board may wish to comment on. Other than that, the applicant has agreed to all the issues raised. Mr. Annunziato then referred to the staff comments. He read the memo from the Fire Department stating: "Fire hydrants conform with Subdivision Regulation #77-36 as shown on Water Distribution System plans." Mr. Annunziato read the memo from Mr. Cessna listing the follow- ing comments: Water Distribution System - We do require them to tie into our system on N. W. 10th Street, so that they do have a looped system to furnish water to this first phase. This will requmre an appropriate easement for this connection. Sewerage Collection System - We have allowed them to use 6" double services, and we are also requiring encasement of the vitrified clay pipe where it is close (at least 12") to the proposed storm drains. -8- MINUTES - PLANNING & ZONING BOARD OCTOBER 9, 1979 Lift Station - Notations have been marked in red. We have also attached a copy of our pump station criteria for their ~se. Mr. Annunziato then read his memo which he sent to Mr. Clark: "You will recall that the final plat of Plat I, Sky Lake Subdivision was approved by the City Council in the summer of 1978. Failure on the part of the developer to submit a bond resulted in the lapsing of the .Council approval. During that period, the City approved a new subdivision ordinance which differs considerably in terms of design criteria and procedure from the submission which accompanies this memo. In discussing this situation with the City Manager, it was determined that this submission should be processed as a Preliminary Plat through the TRB, P&Z and approval by City Council. To that end, I offer the following recommendations: 1. The School Board of Palm Beach County should review this application for impact on the school system~ 2. It would be helpful that the area of Parcel A was shown on the Plat. In order to determine the ~rks and recrea- tion dedicat~ion of this area, it will have to be computed against the requirement of .018 acre per unit; 3. The land value will have to be determined if the appli- cant does not dedicate all of the required land consis- tent with the code; 4. Street lights must be provided; 5. The Utility Ordinance and its attendant construction requirements and fees must be addressed; 6. The Palm Beach County Traffic Impact Fee Ordinance is applicable~ and, 7. In order for Ph~es 2 and 3 to meet the code, the 50 ft. streets must be constructed with mountable curbs. The 50 ft. streets shown in Phase I without mountable curbs do not meet the requirements of the Subdivision Ordinance. There- fore, the applicant must seek a variance from City Council." Mr. Annunziato then read the memo from Mr. Frederick stating: "The Subdivision Ordinance requires the following recreation and open space dedication: 193 units @ .018 acres = 3.474 acres. As the preliminary plan approved by Council on October 4, 1977, provided for a private recreation area to include one ballfield, two tennis courts, four shuffleboard courts, and one basketball court on approximately 2.9 acres, one half credit is allowable if said facilities are provided. Thus, 1.737 acres of public dedication for recreation purposes is required. Recommend fee in lieu of land be provided as prescribed in the Subdivision Ordinance." -9- MINUTES - PLANNING & ZONING BOARD OCTOBER 9, 1979 Mr. Annunziato clarified that this plat provides for 57 single family homes. Half of the recreation requirement would have to be dedicated in the form of doZlars to the City. However, there is no land value on the land. This was to be provided by the applicant, but has not to date. Mr. Herring advised the informa- tion was supposed to have been submitted and will be promptly. Mr. Annunziato suggested that based on this, the Board in their review can accept a recent appraisal as the real land value. He clarified the issue before the Board is the plat of Sky Lakes Subdivision being processed as a preliminary plat through the new subdivision regulations with some minor things with the Board setting the land value and School Board fe~. Mr. Ryder asked if the purpose of the mountable curb was to provide an impervious water channel and Mr. Annunziato replied affirmatively and added the intent of 60 ft. rights-of-way is to do without curbs and have more swale areas. If given a choice, we would prevail to have no curbs. By providing 50 ft. streets, the only alternative is to go with mountable curbs to conform with the current subdivision regulations, but the Water Management District will not agree for the entire development. Mt. Ryder asked if in this case, could the City require 60 ft. rights-of-way and Mr. Annunziato replied that he thinks this will be the mssue of the variance. If the variance is denied, it will result in an entire redesign of the subdivision with the lot sizes changing, locations of sewer and water, etc. Mr. Grover C. Herring, special counsel to the applicant, came before the Board. He referred to this being a special unique situation and stated this developer is canght in the transition which is unfortunate. He thinks the developer's rights are perfectly clear, but also felt the City had some points. They have spent several months trying to resolve this and this ms fully stated in the letter he submitted. He referred to the applicant acquiring this land about November 1976 and told about the application and development plans being started and proceeding through 1978. Approval was finally given and an ordinance passed in July 1978. Under the regulations at that time, there was the provision for a bond. There is a legal point of disagreement between the staff and his office regard- ing this. Under the old ordinance, the approval was filed sub- ject only to the posting of a bond. There was some delay in posting the bond and more than 90 days went by. In the mean- time, the City proceeded with passing other ordinances, etc. Then somebody took the position because the 90 day period had passed and no bond was posted, the plat had lapsed. This is not the law. They should have the right to post that bond today. They have been trying to work this out and his letter of September 28 summarizes the various things his client is wil~ing to do. This covers everything but the two points which the City Planner referred to. -10- MINUTES - PLANNING & ZONING BOARD OCTOBER 9, 1979 Mr. Herring stated his client is willing to build 50 ft. streets with. or without curbs. They don't agree it is necessary to apply for a variance, but will handle it that way if the City requires it. The streets must be 50 ft. or the subdivision must be replatted. Mr. Herring referred to the School Board requirement and stated he knows all governmental bodies try to cooperate with other agencies, but this plat was being processed in 1976 and finally approved in 1978. This was done properly at that time and was completely approved. His client is unwilling and unable to com- promise on this point. His client has agreed to all the points cited in the letter. They did not ask this to come back to the Planning Department, but have no objections. He requests the position of the prior approval be reconfirmed with taking into account the comments in his letter and let this go back to the City Council so this matter can be concluded. Mr. Hester referred to the bond not being posted and Mr. Annun- ziato explained that the applicant has 90 days to record the plat but the City will not release the plat without the bond being posted. No bond was submitted, so the plat lapsed. In the opinion of the staff, this plat has lapsed. Mr. Johnson questioned why the developer was trying to build now and Mr. Herring replied that he has been trying to build all this time, but questions arose regarding water and sewer. Mr. Johnson commented that even if this is approved tonight, it may be ten years before it is built. Mr. Herring stated the applicant has been trying to meet w±th City officials, staff and boards to get this processed. Mrs. Bond referred to this being 1979 and stated the plat was presented to the City Council in 1977. Mrs. Bond asked if an extension was requested in the posting of the bond and Mr. Herring replied that the City legal staff is in error on this point. Mrs. Bond questioned the error and Mr. Herring replied the bond did not get posted within the time the City staff felt was proper and they say the plat has lapsed, but his opinion is different. Mr. Ryder referred to the Board members not taking a legal position, but stated the minutes have been submitted for revmew when it was originally approved and he feels we must take the position the plat is voided because Of non-compliance. He thinks we are forced to go on the basis that this must now conform to the present regulations. Mr. Herring stated the only difference of opinion is the School Board matter and there is no legal right to require this. This is just simply what the School Board would like the City to do. His client will not agree to it. If this cannot be worked out, it will only delay things further. He is present to resolve this. This goes before the City Council next week and he hopes this Board will re-affirm their previous recommendation. -11- MINUTES - PLANNING & ZONING BOARD OCTOBER 9, 1979 Mr. Johnson asked if most of these homes will be sold to families with children and Mr. Herring replied that he would guess so. Mr. Johnson stated he doesn't see why the builder is against the impact fee for the School Board. What is being requested is that the City make an exception to the rule for this builder. Mr. Herring replied that the City does not have the legal right to ask for this. There is no ordinance requiring this. This is just a request and he doesn't think it can be enforced. Chair- man Thompson informed him that this is an established precedent in this City. This Board has required it many times for develop- ments of this type. Mr. Ryder added this could be moved along with the staff recommendations and the City Attorney and City Council will clarify these conditions. Mr. Annunziato referred to an appraisal being submitted and Mr. Hmring agreed. Mr. Annunziato requested it to be a recent figure within two months to have an accurate land value. Chairman Thompson referred to the plat showing an extension to the north of where the homes are to be built and questioned the purpose for this to be included in this plat and Mr. Annun- ziato informed him this is the parks, recreation and lakes tract. Chairman Thompson referred to the request being made at the original approval to donate additional lots for this area and Mr. Annunziato informed him that Lots 65 and 66 were absorbed in Parcel A. Mr. William B. Kement, 1216 N.W. 8th Court, referred to coming before the Planning & Zoning Board Sen this was previously approved and stated when the developer plotted this land, he just disregarded the piece of land abutting it. He neither considered the street nor the facing of the houses. He de- valued his property by putting the back of a house on his street. It is a dedicated street planned by the City and i.s in existence. S~nce the developer did not have to comply pre- viously, he asks the Board to consider the new regulations this time and have the houses face in the proper manner, so his street doesn't become a back alley. Only two houses have to be turned to accomplish this. This will take place under Phase 3, but he would like it considered, so he doesn't get left out in the cold again. He agrees with the City that smnce the developer did not post a bond, it is too late to come back. He feels the time is past for this developer to draw a permit and he should now abide by the new laws, the same as he had to suffer by the old ones. Mr. Annunziato stated he is very aware of Mr. Kement's problems and thinks his comments are something the Board might want to discuss or make the applicant aware of for future action. He doesn't think it applies to what is before the Board at this time. If the Board wants to make comments how things should be in the future regarding Phases 2 and 3, perhaps the applicant may reconsider these. -12 - MINUTES - PLANNING & ZONING B~ARD OCTOBER 9, 1979 Mrs. Bond stated she would like to hear more about this and Mr. Kement showed a plot plan. Chairman Thompson explained how onl.y one access was shown to the north end of this develop- ment and it was Mr. Kement's suggestion~the two lots on the corner be turned. He stated in speaking for the homeowners in this area, he would like to request the applicant to ask for N. W. 9th Street to be abandoned between N. W. 10th and N. W. 13th Avenues. This would require a complete redesign of the present plat, but may be to the betterment of the entire City and this subdivision. Mr. Annunziato informed him the applicant cannot request abandonment of a City street, but all the property owners abutting N. W. 9th Street would have to join mn that application. Chairman Thompson stated he thinks this may be a possibility at this time. However, concerning Mr. Kement's situation, he thinks the Board is well versed in this and when this comes before the Board it will be entertained at the appropriate time. Mr. Harold Werger, 719 N.W. 7th Court, stated he was instru- mental in drawing the map and asked the Council originally for another easement out of Sky Lake. He explained how three accesses could be put mn which would alleviate a lot of the congestion in Laurel Hills. This was voted on by the City Council and the City Manager wrote to the developer about this and the reply was that it would cost thousands of dollars. At this time, it will not cost anything except a little piece of paving. He stressed further how this would cause increased traffic in Laurel Hills. Mr. Ryder stated he would think before the Board or City Council takes any action, this needs study by Mr. Annunziato and Mr. Clark as the points being made are about rights-of- way and streets. Mr. Werger stated he discussed this with Mr. Annunziato, but he has taken an opposite view with being in favor of limiting access. Mr. Annunziato clarified that the fewer entrances and exits to a residential area re- sults in reduced thru traffic. A traffic engineer did review this previously, but the traffic report should be updated. Mr. Johnson added that When the traffic comes through Laurel Hills, it passes two City parks on a 30' road and this is not a good situation. Discussion ensued regarding the access routes to this development. Mr. Annunziato then summarized that he thinks the applicant is cognizant of the discussions and has heard the feelings of the Board with respect to Phases 2 and 3. Chairman Thompson announced that the Chair entertains a motion and suggested that it incorporate the thoughts pertaining to the width of the road, curbing or not, school impact fee and land value. -13- MINUTES - PLANNING & ZONING BOARD OCTOBER 9, 1979 Mr. Ryder made a motion to recommend approval of this preliminary plat of Sky Lakes based on compliance with the existing subdivi- smon regulations and compliance with all staff comments particu- larly with regard to the matter of 50 ft. roadways without curbs where the Water Management District does not recommend it and the matter be put before the Council to consider a variance, also that we in accordance with customary procedure recommend recognition of the impact fee for schools and the land value to be provided by the applicant by a recent appraisal not older than 60 days for recreational and parks purposes. Mr. Annunziato clarified the motion included subject to compliance with the existing Subdivi- sion Regulations, subject to staff comments, consistent with the City's policy of requiring a school transfer fee, and 50 ft. roads are recommended versus 60 ft. roads without curbs with a variance. Mr. Johnson seconded the motion. Motion carried 5-0. Mr. Werger asked if the Board was going to take a vote on this access road now and Mr. Ryder replied negatively, but it will be studied and a recommendation made. Chairman Thompson added this will be addressed when the remainder of the subdivision is submitted for the preliminary plat. Discussion - Set Workshop Date for Implementation of Comprehensive Plan Mr. Annunziato informed the Board that they have been working to prepare implementable zoning ordinance amendments to provide for the changes required by the Comprehensive Plan such as zoning changes, land use, etc. Also, the creation of three new zones are proposed and he explained. Workshop sessions are needed to implement these procedures. After discussion, it was agreed to set the first workshop date for Monday, October 22 from 4:00 to 6:00 P. M. Mr. Annunziato added that he will send out a reminder to the Board members. ADJOURNMENT Mr. Johnson made a motion to adjourn, seconded by Mrs. Bond. Motion carried 5-0 and the meeting was properly adjourned at 9:30 P. M. Respectfully submitted, ~nne M. Kruse Recording Secretary (Two Tapes) -14- AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: October ~9th,- ~1979~ TIME: 7:30 P.M. PLACE: Council Chambers City Hall Acknowledgement of Members a~d Visitors. Reading and Approving of Minutes. Announcements. A. Mr. Bob Bergen/Pine~Jog Environmental Center B. Time Change/Public Hearings C. Motorola Development. Communications. .Old Business: A. Subdivision Regulation Pre-Application: Applicant: Edgewood Heights (Danny O'Brien, agent~ ..... TABLED Location: North of N.W. 8th Court at Old Boynton Road Legal Description:See Survey Project Description: 21 residential lots on 6.13 acres Be Letter from the Building Official (Bud Howell) Re: Boat Houses on Private Lakes, Canals and Waterways New Business: A. Public Hearing: REZONING REQUEST Applicant: Christian Development Corp. of Boynton Beach, Inc. (Clyde Worrelt, agent) Location: S.W. 19th Avenue and Congress Avenue Legal Description: Palm Beach Leisurevitle, Tenth Section, Parcel E Use: Continuation of construction of multi-family dwellings Request: Rezone to Rv3 from C-1 ABANDONMENT REQUEST Applicant: Christian Development of Boynton Beach, Inc. (Clyde Worrell, agent) Planning & Zoning Board Agenda Page 2 October 9th, 1979 B. Site Plan Approval: Applicant: Flagship Bank (Robert Bernzotz, agent) Location: N.E. corner Congress & Woolbright Rd. Legal Description: See Survey PrOject Description: Branch Bank Applicant: Waters Edge Condominium (Tom Erling, agent) Location: 2030 No. Federal Highway Legal Description: Sam Brown Jr. Lot 10 Project Description: Wood Dock C. Preliminary Plats: 1. Applicant: Hy-Lib, Inc. Location: West of Laurel Hills, East of E-4 Canal North of Old Boynton Rd, & South of Boynton Canal Legal Description: See Survey Project Description: Single Pamily Subdivision/57 building lots Discussion: S~workshop date for implementation of Comprehensive Plan.