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Minutes 06-26-79MINUTES OF THE REGULAR MEETING OF THE PLANNING g ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 26, 1979 PRESENT Arnold Thompson, Chairman Fred DiSalle, Vice Chairman Ezell Hester Caesar Mauti Frank Oberle Simon Ryder Carmen Annunsiato, City Planner Craig Grabeel, Asst. City Planner ABSENT Gene Johnson 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 Recording Secretary. MINUTES OF JUNE 12, 1979 Mr. DiSalle made a motion that the minutes be accepted as read, seconded by Mr. Oberle. Motion carried 6-0. ANNOUNCEMENTS Mr. Annunziato read the agenda for the benefit of the public. Mr. Annunziato informed the Board that comments have now been received on the comprehensive plan from the Treasure Coast Regional Planning Council and the State Planning Agency. He will meet ~his week with the Planning Agency of Palm Beach County. He anticipates no problems and will prepare a report for the Council's review. NEW BUSINESS Site Plan Approval Mr. Mauti asked if all the applicants listed had received the staff comments and Mr. Annunziato replied affirmatively where appropriate, except he will give the latest comments to the last applicant when he arrives. Applicant: Location: Legal Description: Project Description: St. Andrews Club (Larry Stahl, Agent) 4475 N. Ocean Blvd. Lot 11, Benson Brothers Subdivision Golf Course Maintenance Building Mr. Larry Stahl came before the Board and advised the purpose of this project is to provide a golf course maintenance build- ing for the golf course at St. Andrews Club This is probably the final building to be done. Mr. AnnunZiato referred to MINUTES - PLANNING & ZONING BOARD JUNE 26, 1979 more buildings being approved at St. Andrews Club and Mr. Stahl agreed and explained that about three years ago, 176 apartments were anticipated at St. Andrews Club but the program is being terminated with 136 apartments. This building will go at the north end where some of these apartments were planned. Mr. Grabeel referred to this being a 36 x ~S' aluminum building and advised because of it being an accessory use, it will be sub- ject to Council approval. The Acting Utility Director has re- quested detailed utility drawings be submitted. Mr. Stahl re- plied that a final advance copy of the utility drawings were taken to Mr. Lawns office this afternoon. Mr. Grabe~l stated the staff recommendation is approval subject to the provisos~ Mr. Mauti made a motion to approve this plan subject to staff comments and the utility plans being submitted, seconded by Mr. Hester. Mr. Ryder suggested recommending to the City Council the acceptance of this as an accessory building and Mr. Mauti added this to the motion, seconded by Mr. Hester. Motion car- tied 6-0. Applicant: Location: Legal Description: Project Description: Hunters Run Golf & Racquet Club (Paul Hykel, Agent) Congress Avenue (Old Charter World) Replat Housing Tract A, Summit Plat #1 Modified Site Plan POD 'A' Mr. Paul Hykel, Project Manager of Hunters Run Golf & Racquet Club, came before the Bsard and advised this is the first sec- tion of Hunters Run. This site plan was approved for 232 units a couple months ago, but after reviewing the project in the field, they have made three major changes. Originally contem- plated was construction of four unit buildings with two town- houses and villas; however after reviewing the plan in the field, it was determined it was better to have two tow~houses and two apartments. He explained the villas and carports have been eli- minated with parking areas noted. As a result of changing the product mix, the model, building 5, was changed to concur with the mix in the development. The density has been reduced to 231 units. This section was zoned in excess of at least 300 units. In addition, on the east end of POD A, there is a marina and they have decided to build a gazebo on a dock over the water and would like approval to build restrooms by the dock. These are the basic changes. He explained the minor changes would be to adjust the buildings in a certain direction for access to the golf course holes. Mr. Grabeel informed the Board the site plan has been approved and the orientation of the buildings and the unit design has been changed. He then read into the record the attached list of Tract 'TA" Changes dated Jun~ 12, 1979. The staff has no particular objections or comments and recommends approval -2- MINUTES - PLANNING & ZONING BOARD JUNE 26, 1979 Mr. Ryder referred to the carports being eliminated and parking areas being provided and asked if this would be a trend in the other PODS and Mr. Hykel informed him in the case of villas or patio homes, they will build carports but they have found it impractical to have carports on townhouses. Mr. Annunziato added that these new unit types, elevations and floor plans are included in the site plan. Mr. Oberle made a motion to accept the modified site plan for POD 'Af as presented, seconded by Mr. ~Salle. Motion carried 6-0. Applicant: Location: Legal Description: Project Description: Hunter's Run Golf & Racque~tClub Congress Avenue (Old Charter World) POD 'M', Summit Plat #1 48 two g three bedroom condominium homes POD 'M' plus pool and pavilion Mr. Hykel referred to this being an approximate 20 acre site being presently zoned for 200 units and advised they would like to construct 48 two bedroom/den and three bedroom patio homes. The overall density in this POD is 2.38 units per acre. The units will all be one story. The floor plans are shown on the site plan. Ail the units will be condominium. This is a much lower density than they are permitted to builds The price will be in the $125,000 to $1507000 range. The architect then pointed out that the units will front on the golf course and explained the colors and construction. He added the interiors are large and will be comfortable homes. Ail these units will have a two car garage with ~eparate drive. He pointed out that two units will not face the golf course, ~47 and #48, but will have ample open space~ Mr. Annunziato referred to one unit showing a pool and asked if this would be an option and the architect explained this unit would belong to Mr. Frankel, the developer. Mr. Hykel added that it is contemplated these people may want to have their own pools and there is ample ground in the rear of each unit for one to be built. Chairman Thompson referred to this being a condominium concept and asked if it would be commonly owned ground and Mr. Hykel replied the ground will be owned-by the condominium association~ however, the condominium documents will permit the construction of a swimming pool in the rear of the units with the owner being responsible for maintenance and association approval must be obtained and the City require- ments met. Mr. Oberle asked if there would be a land lease held on this and Mr. Hykel replied negatively. -3- MINUTES PLANNING $ ZONING BOARD JUNE 26, 1979 Mr. Annunziato informed the Board that each time a unit is to be built, a specific package for a permit would have to be submitted to the Building Department. These are cluster homes~ Mr. Grabeel informed the Board that originally Tract M was approved for 200 units and they now plan to build 48 units. In reference to staff comments, the Building Official has noted that street elevations will be required every 300' on the site plan. The Engineering Department has noted that 80' of paving is required for a cul-de-sac. The Utility Department has noted to show fire hydrants, loop water lines, manholes to be in paved areas and show lift station. The Public Work~ De- partment has noted that no underground garbage cans will be allowed. The City Planner has noted that no parking is to be allowed backing into the street, which is shown at the pool area. The staff recommends approval subject to these comments. Mr. Annunziato asked Mr. Hykel if he was cognizant of these staff recommendations and Mr. Hykel replied there were no problems and they will conform to all the City's requirements. Mr. Hester moved the site plan for Hunters Run Golf $ Racquet Club be approved for POD tM' subject to staff comments, seconded by Mr. Ryder. Motion carried 6-0. Applicant: Hunters Run Golf & Racquet Club Location: Congress Avenue (Old Charter World) Legal Description: Summit Plat ~1 Project Description: One Golf Starterts Shed, 4 Comfort Stations (golf course), Marina Gazebo with comfort station, Entrance Walls Mr. Hykel pointed out that four comfort stations were to be located on the golf course for the members of the country club. The starter shed is simple construction, four poles and a roof, just to start people off on the golf course and supervise the driving range. The marina shelter will be similar to the golf course shelters. The gazebo will be built on a dock located over the water and will be just a roof and four poles. The entrance wall and landscaping are also shown on the plans. As per the agreement with Palm Beach County, they will widen Con- gress Avenue to four lanes. Mr. Mauti questioned the notes pertaining to altering the loca- tions slightly and Mr. Hykel explained that a building may be relocated 10 or 20' being located on the golf course. Mr. Grabeel referred to the staff comments and advised the Uti- lity Director commented in the event these facilities are close enough to a sewer line, they must be connected in accordance with State law. The staff recommends approval subject to that one comment. -4- MINUTES PLANNING & ZONING BOARD JUNE 26, 1979 Mr. Hykel questioned what was close enough to a sewer line and Mr. Annunziato replied that he is not totally versed what the State law requires, but thinks if it is within 10~' of an ap- proved sewer system by State law you must connect~ Mr. Hykel commented if it is State law, they will be happy to conform. However, he prefers not to build a lift station for one bath- room. Mr. DiSalle made a motion to accept these plans subject to staff comments, seconded by Mr. Mauti. Motion carried 6-0~ Applicant: Location: Legal Description: Pmoj ect Description: Hunters Run Golf & Racquet Club Congress Avenue (Old Charter World) Summit Plat #t Modified Median Landscaping Plan Mr. Hykel referred to Summit Drive being the main loop road and running approximately three miles and explained that in their haste to get this job started they put together a landscaping plan but after obtaining prices, they realized it was prohibi- tive. He explained they had modified the landscape plan by substituting some trees and chan~ing the sizes. He summarized that the first six pages are really the only ones changed which cover approximately the first mile of the road. Mr. Grabeel informed the Board there were no staff comments other than recommending approval. Mr. Mauti made a motion to approve this plan, seconded by Mr. DiSalle. Motion carried 6-0. At this time, Chairman Thompson declared a five minutes recess. He reconvened the meeting at 8:1S Po M. Applicant: James & Genevieve Rollyson (George Wasser, Agent) Location: West of 1-95, immediately south of Miner Road ext. Legal Description: Acreage Project Description: Warehouse/Manufacturing Facility Mr. RobertsReed, Attorney representing Mr. Jim Rollyson and Rollyson Aluminum Products, stated he would like to address two or three aspects of the staff comments. He referred to a site plan being approved previously for the 30 acre industrial subdivision owned by Mr. Bruce Rollyson, President of Bostic $ Jeffries, Inc., subject to staff comments. The site plan pre- sented at this time involves a six acre site within the 30 acre proposed industrial subdivision. The master plan previously approved has not been dropped, but it is the intent of Mr. Bruce Rollyson to proceed with the filing of the preliminary plat. -5- MINUTES - PLANNING & ZONING BOARD JUNE 26, 1979 On the approval of this previous plan, the major question was a problem regarding the possible extension of High Ridge Road in a southerly direction to link to N. W. 22nd Avenue. The cost involved is prohibitive at this point if Mr. Bruce Rollyson has to bear 100% of the cost and he is presently preparing other alter- natives. This is a site plan application for Mr. Jim Rollyson to build a building on a six acre site. Among the comments made by the staff, the access to N. W. 22nd Avenue was requested again. This must go through property owned by the Riley-Field Corporation and they have agreed to donate the right-of-way under certain conditions. While they don't totally disagree that it would be appropriate in the future to extend High Ridge Road to the south, they don't think it is a proper condition to impose on this par- ticular applicant's application for site plan approval for a six acre building permit. This would totally prohibit him from using the building on this industrial zoned tract. Assuming the technical aspects of the site plan are complied with, they feel any requirement as a condition to obtaining a building per- mit for the six acre parcel in terms of having to bear the total cost of extending High Ridge Road would be totally out of line, Mr. Reed continued that Boynton Beach imposes a user fee for the extension of utility systems, but the City does not have any similar ordinance to impose a user fee for new users of roadways in the City. The Florida Supreme Court has ruled in one case to charge new users for extensions of a utility system is a proper user charge~ however, there is no statute, ordinance, State, County or City which authorizes the imposition of charges for new users of roadways to be extended. In this case, the condition that Mr. Jim Rollyson would have to extend High Ridge Road would in essence be a tax which the City of Boynton Beach is not legally authorized to impose. There is no statutory authority to impose a tax of that sort. It has been questioned whether Mr. Bruce Rollyson, the owner of the 30 acre ~act should have to bear 100% of the cost for extending the roadway. His position is that it would be unreasonable and unfair for Mr. Rollyson to bear 100% of the cost. This application more clearly emphasizes that a man who needs and wants to put up a building on a six acre site should not put up $100,000 to extend a road so the Police and Fire Departments will have a quicker access time. He does not dispute the fact that if there is this extension, both would be able to better service this pro- perty. He explained the time involved was only five to ten minutes longer. Mr. Reed referred to whether the subdivision regulations would apply'and told about the information contained in the public records and explained this is the second subdivision of the entire parcel and the subdivision regulations do not go into effect until the !~th~ subdivision is made~ Mr. DiSalle referred to the County's recent decision regarding the impact fee and asked if this lent support to the idea the builder should accept some of the burden of building the road and Mr. Reed replied that the impact fee ordinance has not be- come effective and there is a great deal of dispute as to its legality. --6-- MINUTES - PLANNING & ZONING BOARD JUNE 26, 1979 Mr. Oberle asked if the County owned the property to the west of this proposed extension and Mr. Reed replied negatively. Mr. Annunsiato clarified'that the property directly west of this 40 acre tract is unincorporated. Mr. Oberle referred to his suggestion at the last meeting to contact the County to see if they would participate in this road and Mr. Reed agreed and advised they had gotten nowhere. He added it was considered by the County five to six years ago and recommended by the County Commission, but it was dropped.. The extension of High Ridge Road to N. W. 22nd Avenue would be over property within the City limits. Mr. Ryder stated the plan for the 30 acre tract was approved previously with the condition that this access be provided. It was mentioned possibly the City would participate in the cost and this should have been addressed to the City Council. We are actually talking about access to the 30 acre parcel and not just the six acre parcel. Mr. Reed replied that he didn't recall this Board making the condition of providing access by Mr. Bruce Rollyson. Mr. Ryder read the motion from the minutes of the previous meeting. Mr. Reed clarified that this motion did not require Mr. Bruce Rollyson to bear the entire costs of extending the roadway. Mr. Ryder clarified that it did require access to be provided. Mr. Reed stated he didn't think this motion had any relationship on the application before the Board tonight. Also~ he thinks reasonable men could differ on the question whether Mr. Bruce Rollyson should have the burden placed upon him to attempt to secure the necessary contribu- tions for the cost of the roadway. It is different to place that question on this applicant asking for a building permit to build on a six acre site, particularly when the City of Boynton Beach does not have the authority to impose a tax such as this. He has yet to see a statute, ordinance, etc. justify- ing this, particularly when a man is applying for a b6ilding permit on a six acre parcel. Mr. Oberle referred to actually many people benefiting from this road being constructed and not only the industrial park and Mr. Reed agreed and stated this is why he is questioning this requirement. Mr. Hester asked how many additional industrial acres were in this location and Mr. Annunziato informed him 40 acres were annexed and five acres have been developed by Florida Pneumatic Mr. Reed added that a building permit was issued by the City allowing Florida Pneuma. tic~s structure to be extended within the past three years with no restrictions being placed on it. -7- MINUTES - PLANNING $ ZONING BOARD JUNE 26, 1979 Mr. Hester stated he did not see how one developer could be re- quired to do this unless he is developing the whole area. If the road is built, it will benefit the City. If the City is concerned about access to this area, the City should build the road. He does not see how one developer should be made to pay for a road to benefit al lot of people. He cannot see how it can be required for a six acre tract. Ail the owners of that parcel should pay for this street. Mr. Mauti asked if any of the property where the road was pro- posed belonged to Mr. Rollyson and Mr. Reed informed him the property involved is the six acres in the northeast corner of the 30 acre tract. The 30 acre tract does not front on High Ridge Road, but is set back. This six acre parcel is in the extreme northeast corner and is a substantial distance from High Ridge Road. Mr. Mauti asked if Mr. Rollyson owned any of the property going south to connect to N.W. 22nd Avenue and Mr. Reed replied negatively and advised that property is owned by Riley-Field Corp. and they have agreed to dedicate the right-of- way under certain conditions. A letter was previously submitted by Riley-Field Corp. indicating the conditions under which they would agree to dedicate the necessary right-of-way. Neither Mr. Bruce Rollyson nor Mr. Jim Rollyson owns any of that property. Mr. Mauti questioned on what street the six acre tract fronted and Mr. Reed informed him that it fronts on the proposed right- of-way of Miner Road extended. He thinks the site plan proposes a 40' right-of-way there for Miner Road which would connect to High Ridge Road. Mr. Mauti referred to the discussion at the previous meeting having the opinion expressed that maybe Mr. Reed was right and his client should not bear the full cost of the road and it was suggested the applicant try to make an effort to obtain the right-of-way im some manner. He asked if a proposal had been made to the City to pay a share and Mr. Reed replied that both Mr. Bruce Rollyson and Mr. Jim Rollyson are willing to pay their fair share to extend High Ridge Road to N. W. 22nd Avenue, but they have not been able to get anyone to pay the rest of it. They have talked to City officials and there is some disagree- ment regarding the road impact fee the County has recently adopted. There is reluctance on the part of several City offi- cials to provide matching funds for the canstruction of the ex- tension of High Ridge Road. This is why a preliminary plat has not been presented by Bostic $ Jeffries, Inc. Mr. Ryder stated it is obvious if the City paid for any part of this road, it would not be for the benefit of the taxpayers of Boynton Beach and Mr. Reed disagreed. Mr. Ryder continued that when a new road is constructed, the cost is borne by the abutting property owners. He doesn't think the City should pay any part of this, but the abutting property owners should. He stressed that there must be proper access to a development before it can be approved. Mr. Reed replied that he thinks there is proper and -8- MINUTES - PLAN~[ING $ ZONING BOARD JUNE 26, 1979 safe access to this site, but does agree it may be better with a road extended to the south. There have been no problems with the Police or Fire Departments serving residents of the property. Neither of his clients abu~ High Ridge Road. If the City feels so strong about extending High Ridge Road to the south and do not feel they can bear any of the cost, let the City impose the cost to the abutting property owners and his clients would not have to contribute to that expense. They are willing to pay their share, but not 100%. He thinks it is unreasonable for this Board to stand in the way of the issuance of a building permit for his client's six acre parcel when it is only a five minute difference in the response time. Mr. Ryder referred to having to leave the City to get to this area and Mr. Reed re- plied this did not have anything to do with the response time. Mr. Mauti stated he could not see how anybody could be made to build a road through someone else's property in order to build on his own property. He believes all the conditions asked for have been met, but the City won't give cooperation on the road. It may benefit the 30 acre tract, but it will benefit the person who is donating the right-of-way. Mr. Annunziato agreed that the person who dedicates the right-of-way will benefit if someone else builds the road; however, consideration should be given to pro- viding City services. He explained how utilities going outside the City limits cost additional for the developer. He is in Savor of light industrial business, but this is a situation where we cannot serve this property properly. Mr. Hester referred to Florida Pneumatic being allowed to build and stated the road should have been built at that time. The City had no business annexing it since this area is landlocked. Since it is landlocked, the City should try to have the road constructed since everyone will benefit. Mr. Mauti referred to the City requiring 50% of the property owners to request a road to be paved and Mr. Annunziato replied that he is not familiar what the requirements are regarding public improvements, but he does not think the argument ~f not fronting on the street has any bearing. The idea is that this road is the primary access to the property. Mr. Reed commented that the extension of High Ridge Road south only gives more convenient access to the south. Mr. Oberle referred to there being a court order not allowing trucks on High Ridge Road~and Mr. Reed told about researching the files and advised thereis no resolution limiting any truck traffic on High ~dge Road to the north. Chairman Thompson requested Mr. Annunziato to go over the staff comments. -9- MINUTES - PLANNING $ ZONING BOARD JUNE 26, 1979 Mr. Annunz±ato informed the Board the Technical Review Board met and discussed this application at great length taking into account the proposed plat for North Boynton Industrial Park which was sub- mitred previously and approved at the master plan level. This site plan application covers a six acre tract located in the northeast corner of the 40 acre parcel annexed into the City in the early t970Ts. Access is provided by.a dedicated easement in a north/south manner. An effort was made to make this plan cor- respond to the proposed roadways and utilities shown on the master plan for North Boynton Industrial Park. As proposed, this plant would be served with water by a well system with~sprinklers for fire protection and a septic tank; however, our utility ordinance precludes this and states any commercial building is subject to extension of sewer and water lines. This is for a 50,000 sq. ft. pre-fabricated steel building. Parking spaces required are 68 and proposed are 75. The plan takes into account the future dedication of Miner Road. The proposed access to the property is a shellrock road and not paved. Drainage of the road into the water retention system is noted on the engineering plan. There is indication the retention basin will be constructed on the south p~ion of the property and it is shown in an existing access easement. Mr. Annunziato referred to the staff comments and read the at- tached memorandum dated June 21 from Mr. Howell, Building Offi- cial. He read the attached memorandum dated June 20 from Mr. Nyquist, Fire Marshall. He read the attached memorandum dated June 20 from Mr. Clark, City Engineer. He read the attached memorandum dated June 21 from Mr. Ostaszewski, Police Department. He read the notedfrom the Public Works Department noting the dumpster location is to be coordinated with the General Ser- vices Department. He then read his memorandum dated June 26. Mr. George wasser, Architect9 stated from what he was able to listen to, 90% is perfectly fine. He explained that the cul-de- sac was shown as a dotted line since it is under the plan for the 30 acres, but they will be happy to s?~w it completed if the City desires. With respect to the easement on Miner Road, his client agrees to dedicate it and when knowing the exact require- ments, they will be incorporated in the plans. The well noted in the easement will be moved into a more convenient location. It is their intention to cooperate with the City in every manner, the 40' right-of-way, platting, 60t right-of-way, participation in the sewer line. Mr. Wasserrre£erred to speaking to the Fire Marshall regarding sprinkler requirements and explained that sprinklers were re- quired for a certain size building. He has been told water service will be available to the area in about eight months. A sprinkler system will be installed, but by dividing the build- ing into three separate buildings it is not required. The sprinkler system will still be installed, but they hope water will be available and fire walls will not be required. -10- MINUTES - PLANNING $ ZONING BOARD JUNE 26, 1979 Mr. Wasser stated as far as the well on a six acre tract, the requirements are the same as for assingle home and the same re- quirements apply for a septic tank. These will not place any problems on the property. Mr. Wasser stated in regard to dedications, they do not front on High Ridge Road, so cannot dedicate any on that. If planting areas are in the rights-of-way, they will be moved. In regards to drainage, an application is on file with the South Florida Water Management District and the engineers have given preliminary final approval on the drainage plans. Regarding maintenance, they will be happy to issue whatever type of maintenance agreement with the land which is convenient to the City. There will be ponds for storm water and he explained that retention ponds are no problem since it is a low water table. They will obtain whatever type of turnout approval is required for High Ridge Road. They will cooperate and pave the easement as requested. Mm. Wasser clarified that from an architect and engineering point of view, they will dossverything the staff members have requested. The only thing they disagree with is what Mr. Reed addressed. Mr. Mauti clarified that they were in agreement with all the staff comments given to them and read with the exception of one, High Ridge Road and Mr. Wasser agreed. Mr. Mauti referred to the memorandum from the Police Department and stated actually this location is not on High Ridge Road and Mr. Annunziato replied that he thinks the Police Department is aware of the exact location. Mr. Annunziato referred to legal questions having been raised whether platting is required and advised that he has forwarded this to our City Attorney ~or an analysis and recommendation. He read how this was addressed in the Comprehensive Plan and also how the cost for City services was covered. Chairman Thompsonreferred to a number of people being present from the High Ridge Road area and announced if they had any additional comments to be made, the Board would be glad to hear them. Mr. John Hess, ~075 High Ridge Road, referred to the City an- nexing the propertyin September 1972 and rezoning it from resi- -dential to industrial and stated a development was builtwithout ingress or egress. It is unfortunate that RollysonAluminum Products has purchased propertywhich only has access from a residential road. Florida Pneumaticewas a hardship case as far as~the location. He told about going to the Cityand Countyand having to take legal actiOn, but Florida Pneumatic was 3/4's constructed before they ~ew about it. The Cityhas no way of servicing this area or getting to it except through~a residential road. There is a law in,the County,stating you cannot use a MINUTES - PL~qNING & ZONING BOARD JUNE 26, 1979 residential road for commercial traffic per Resolution 73-35. Seventy.people live on this road and they are concerned about the safety of their children and property and the impact on the area. He told about the County taking action regarding the truck traffic. If developmentof this industrial complex is going to continue, the only logical way to do ir'would be to establish a hiatus at the end of High Ridge Road and build the road south to N. W. 22nd Avenue. They will not have industrial traffic going down their road. Mr. Oberle asked if the r~d was continued to the south to N. W. 22nd Avenue, didntt he think their road should be barricaded and Mr. Hess replied absolutely with having a hiatus at the end of that area. Mr. Mauti ques- tioned how traffic could be stopped on one road because it goes from the City into the County and Mr. Hess replied that it has been done before. Mr. Mauti referred to this being a ~ree coun- try and progress taking place and stated he is also in favor of safety but thinks it can be obtained without blocking roads. Mr. Hess stated there is presently a speed limit sign on High Ridge Road restricting trucks to 15 mph and every one goes 45 to 50 mph. There are no sidewalks. It is about one mile/ong. He agrees it is America~ but every individual should be pro- tected. The mistake was made in 1972 when Florida Pneumatic constructed their plant without any requirements. Mrs. Melba Bruce, 1820 Tom-A-Toe Road, stated this land was bought with no access, but it has to be serviced. This will cause continual problems to Boynton Beach and anyone surround- ing it. There are going to be constant problems until this land is properly serviced. When serviced, the land values will increase very much. Everything planned is not good development with the fire, police and water supply being poor. Mrs. Bruce then read a letter from the Palm Beach County Law Department dated June 8, 1973, concerning High Ridge Road. She told about resolutions being enacted by the County Commis- sion pertaining to truck traffic along High Ridge Road. She summarized that the result is all truck traffic is banned ex- cept for those trucks from Florida Pneumatic which are restricted to 15 mph and not over 6 tons per axle. Mr. Reed replied that the letter read by Mrs. Bruce was correct as of June, 1973 and told about the actions taken subsequent to that. He added that the actual mistake was ma~e when this land was annexed into the City in 1972 as industrial. Unfortunately at that time, no provision was made by the City for access from the south. Apparently no consideration was given to the need to have access to provide Citylservices. He sympathizes with the residents who live along High Ridge Road, but thinks some consid- erationshould be given his client who wants to develop properly zoned property and is willing to compl~ with all the technical requirements with the one exception which they feel is unreason- able to put the entire burden of extending that road with the lowest estimates over $1007000 where their property does not even -12- MINUTES - PLANNING & ZONING BOARD JUNE 26, 1979 front on the road. In discussions with'the City and other private individuals~ they have not had any cooperation from those willing to contribute to that cost. They are willing to pay a fair share, but do not feel 100% is a fair share. Mr. Oberle asked if this property was purchased without determining the access and Mr. Reed replied this property definitely has access, the same as Florida Pneumatic. The access being referred to is the most preferable and the City should have provided it before annex- ing. Mr. Oberle asked when Mr. Rollyson purchased the property and Mr. Reed informed him that Mr. Bruce Rollyson purchased the 30 acre parcel in September 1975 and there was access at that time, just as Florida Pneumatic has access at this date. Mr. Oberle referred to there being an injunction on t~uck traffic and Mr. Reed clarified there is no law prohibiting truck traffic, but it just limits the speed and tonnage. Mr. Oberle again ques- tioned the access to this property and Mr. Reed replied there is access~ however, it is not the best access. They are in favor of having High Ridge Road connected to N. W. 22nd Avenue, but do have access to their property~now. He does not feel the requirement for the issuance of this building permit for the six acre site should be that this applicant must pay 100% of the cost to extend High Ridge Road to the south. Mr. Ryder clarified that apparently the applicant substantially agrees with the conditions noted by the members of the Technical Review Board with one exception. This is something which is highly desirable and there is no question as far as Boynton Beach is concerned and it should help the people on High Ridge Road. At,hough the applicant is taking exception, he thinks the only way we can move, since this is a matter of prime importance, is to recommend to the City Council approval of the site plan to- gether with all the recommendations made by the various members of the Technical Review Board. That way, the matter will come to the City Counci~ for their final decision as to how the road is going to be paid for. Chairman Thompson ascertained there was no second to this motion. Mr. Mauti stated he agrees with the people living to the north of this and also with the people building. He thinks there may be a resolution with getting the attorneys representing both people~ those building and those owning the balance of the land, to possibly signing an affidavit to extend this road when some- one else builds. This could be an agreement in affidavit form with security attached stating i~ and when another building is erected~ they will extend High Ridge Road thmough to N. W. 22nd Avenue. He can see Mr. Ro~lyson's position with o~g only a six acre parcel, but can also see other owners basing an argu- ment on the same basis. -13- MINUTES - PLANNING $ ZONING BOARD JUNE 26, 1979 Mr. Annunziato agreed there would probably be more building and there possibly could be more arguments like this when requesting a building permit. When the next application is received, there would be no question that platting would be required as the third application means the subdividing of four parcels. Mr. Mauti clarified that his recommendation was to accept the plan with the exception of extending High Ridge Road to N. W. 22nd Avenue based on an agreement with both parties, Mr. Bruce Rollyson and Mr. Jim Rollyson~ if and when another parcel is sold, High Ridge Road will be constructed to N. W. 22nd Avenue. Mr. Annunziato replied that we have no application from Mr. Bruce Rollyson, but he only exists with selling the land to Mr. James Rollyson. He does not think there is anything we can do to at- tach conditions to his pocketbook. Mr. Mauti replied that Mr. Reed stated he would be willing to pay his fair share. Mr. Annunziato asked if he was saying Mr. Bruce Rollyson would be requested to post surety to construct High Ridge Road south to N. W. 22nd Avenue before any more building permits are issued and Mr. Mauti replied affirmatively. Mr. Annunziato stated the question is the amount of their fair share and Chairman Thompson replied this was beyond the scope of what we are here to deter- mine tonight. He clarified the question we should be addressing is whether to approve or disapprove this plan subject to staff comments or any group of staff comments. Mr. Mauti made a motion to approve the planas submitted subject to staff comments omitting the staff request to build High Ridge Road south to N. W. 22nd Avenue. Chairman Thompson ascertained there was no second to this motion. Mr. DiSalle made a motion to approve this plan subject to unquali- fied staff comments, seconded by Mr. Ryder. As requested, Mr. Annunziato took a roll call vote on the motion as follows: Mr. Mauti - No Mr. DiSalle - Yes Mr. Thompson - Yes Mr. Oberle - Yes Mr. Hester - No Mr. Ryder - Yes Motion carried 4-2. ADJOURNMENT Chairman Thompson ascertained there was no further business. Mr. Mauti made a motion-~d adjourn, seconded by Mr. DiSalle. Motion carried 6-0 and the meeting was properly adjourned at 10:05 P. M. (Three Tapes) -14- DATE: TIME: PLACE: AGENDA PLANNING AND ZONING BOARD Regular Meeting June 26th, 1979 7:30 P.M. Council Chambers City Hall Acknowledgemen~ of Members and Visitors. Reading and Approving .of Minutes. Announcements. Communications. Old Business: 6. New Business: A. Site Plan'Approval: ~pplicant:~ _St. Andrews Club-(Larry-Stahl,_Ageht) LOcation: 4475 No. ocean Blvd~ Legal Description: Lot 11, Benson Brothers Subdivision Project Description: Golf. Course Maintenance Building Applicant: Hunters Run Golf & Racquet Club (Paul Hykel, Agent) Lo'cation: Congress Avenue (Old Charter World) Legal Description: Replat Housing~Tract~A~Summit_Plat #1 Project Description: Modified site plan POD 'A' 3. Applicant: Hunters Run Golf & Racquet Club (Paul Hykel, Agent) Location: CongressAvenue (Old Charter World) Legal Description: POD 'M' Summit Plat #1 Project Description: 48/two & three bedroom condominium homes/POD 'M'plus Pool & Pavilion 4. Applicant: Hunters Run Golf & Racquet Club (Paul Hykel, Agent) Location: Congress Avenue (Old Charter World) Legal Description: Summit P1Dt ~1 Project Description" One Golf Starter's Shed, 4 Comfort Stations (golf course), Marina Gazebo with comfort station, Entrance ~Walls 5. Applicant: Hunters Run Golf & Racquet Club (Paul Hykel, Agent) Location: Congress Avenue (Old Charter World) Legal Descriptions: Summit Plat ~1 Project Description: Modified Median Landscaping Plan Applicant: James & Genevieve Rollyson (George Wasser,Agent) Location: West of 1-95,immediately south of Minor Rd. extended Legal Description: See survey (acreage.) Project Description: Warehouse/Manufacturing Facility PLANNING AND ZONING BOARD APPLICATION JUN BOYNTON BEACH, FLORIDA All ~p~t~cations to be. processed by the Planning and Zoning Board must be received and accepted by the City Planner twenty- (13) days ~r~or to the regular meeting. The applicant will be advised as to supplemental meetings necessary for'applicati6~ review. Ail applicants with approved site plans, which at a later date request a revision, will be processed in the same manner as the initial application subject to all Code requirements effective at the time the revision is requested. Name of Applicant ST. ANDREWS CLUB Applicant's Address 4475 N. Ocean Blvd. Address of Site SAME Intended Use of Site Golf Course Maintenance Bldg. Legal DescriPtion of Site Lot 11 Benson Brothers Sub-Division The following data must appear on all copies of the Site Plan: 1. Existing Zone C-1 2. Area of Site St. Andrews Club G01f Course (about 28 acres) 3. Total Number of Units Proposed One 4. Density Gross NA* Per Acre 5. Building Area NA Sq. Ft. NA % of Lot ~6. Parking Spaces: Req'd 9 7. Parking - Aisle Area Sq. Ft. 8. Street Area NA Sq. Ft. Proposed 12 NA ....... % of Lot NA % of Lot NA % of Lot Stories 9. Landscape Area NA Sq. Ft. i0. H&ight 6f Buildings-13' Feet SINGLE 11. Total Floor Area 2,700 Sq. Ft. * NA (Not Applicable) What is the applicant's interest in %he premises affected? OWNER ~Owner, Agent, Lessee, Etc.) (I) (We) understand that this Site approval becomes a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and the statements or showings made in any paper or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be ac- te d unless si~gned by the owner of J~~~ign a<~WNEG~ n e r a 1 ~anager the property. The Owner has here~Y designated the above signed person to act as his agent in regard to th~ petition. (To be executed when Owner designate§ another to act on his behalf.) PLA~ING AND ZONING BOARD APPLICATION BOYNTON BEACH~ FLORIDA Ail ~p~lications to be processed by the Planning and Zoning Board must be received and accepted by the City Planner'twenty- (20) days prior to the regular meeting. The a~plicant will be advised as to supplemental meetings necessary for application review. All applicants with approved site plans, which at a later date request a revision, will be processed in the .same manner as the initial application subject to all Code requirements effective at the time the revision is requested. Name of Applicant ~o~|T ~dDCLt~-~ ~ ~-~. Applioant's Address co~-~ ~ ~ P LyD./ Address of Site Intended:Use Qf Site Legal Description of Site 2. 3. 4. 5. 6. 7. 8. 9. The following data must appear on all copies of the Site Plan: Existing Zone ~ ~/~. Area-of Site Total Number of Units Proposed Density Gross Building Area Per Acre Sq. Ft. I~.~ % of Lot Parking Spaces: Req'd ~oC~ Parking - Aisle Area~d~Sq. Ft. Street Area ~ I~C5 Sq. Ft. Landscape Area l~ ~O Sq. Ft. H~ight 6f Buildings.~'- ~ ~T. Feet Total Floor Area ~30~.~"~7 Sq. Ft. / Y % of Lot ~at is the applicant's interest in %he premises affected? % of Lot % of Lot Stories Agent, Lessee, Etc.) (I) (We) understand that this Site approval becomes a part of the permanent records of the Planning and Zoning Board· (I) (We) hereby certify that = e above statements and the statements or showincs made in any paper er plans submitted herewith are true to the best of ~m3~ (our) k-ow:~,~ ~ and keiief This a~p~ication will not be ac- cepted unless signed by the o~mer of the property. Signature of O~qER The O~mer has hereby desmgnated the above signed person to act as his agent in regard to thi~ petition. (To be executed when O~er designates another to act on his behalf.) ~ // S t. Andrew: Club Proposed .... Utility Building~ ~"= ?00' JUN Changed frcm two townhouses with carports flanked by two two-bedroom villas with .carports. Building_now bm~ one townhouse without carport, a one-story two-bedroom a~t without carport on the north side, and a-two-bedroom villa with c~rport on the south side. 12 1979 Building-13 has the s~m~ n~her and types of units. is moved south 16'-0". %he west Brai f of the building BUILDINGS f/18, 19, 25, 26, 27 and 28: Changed from buildings _with-two townhouses with carports flanked by two two-bedroom villas with carports. Buildings now have two townhouses without carports flanked by two one-story two-bedroom a~ts without carports. The driveways ~to each unit-have been replaced by 5, 6, and 7 space pa~ lots. BU~q.DING ~J23: %he two-bedroom apmrnn~nt on the north end of the building-has been changed to a two-bedroom and den apartment. When this change was made, Building.24 was moved north. BID7 DIBE f~32: ~he two-bedroom plus dan aparnnent on the east end of the building has been dhanged to a two-bedroom apartrm=nt. The two-bedroom aparnnant on the south end of the building has been enlarged to a two-bedroom plus den apartment. /he two-bedroom apartn~=nt on the west end of the building has been enlarged to a ~';-lilyw!'' MARINA: i~jt. Marina parkimg lot has been changed. Marina docks have been expanded to inc~l~la a g ~azebo and deck area. ~ The total n,,nher of units has been decr~msed frcm 232 to 231i _~iTi HUNTER'S RUN PLANNING AND ZONING BOARD APPLICATION BOYNTON BEACH, FLORIDA All ~p~lications to be processed by the Planning and Zoning' Board must be received and accepted by the'City Planner'twenty- (20) days prior to the .regular meeting. The a~plicant will' be advised as to supplemental meetings necessary for application .revieW. Ail applicants with approved site plan§, which at a later date request a revision, will be processed in the .same manner as the initial application subject to all Code requirements effective at the time the revision is requested. Name of Applicant Applicant's Address Address of Site S,~mmSt Associates~ Ltd. 3500 Clubhouse Lane, Boynton Beach'; ¥1~ See site-plan Intended Use of Sit~ Housing Legal Description of Site: Housing tract M I~.~... ~ l~,in , P .-U.'D.- .................... The following data must appear on all copieS of the Site Pla~: _ P.U.D. 1. Existing Zone 2. Area of Site ?D.15 acres 3. Total Number of Units Proposed .... 48 6. 7. 8. 9. 10. 11. Density Gross Building Area Parking Spaces: 2.38 128~640 Req'd Parking - Aisle Area Street Area 47,357 Landscape Area 570,291 H~ight 6f Buildings .20 Total Floor Area Per Acre Sq. Ft. Proposed Sq. Ft. Sq. Ft. Feet 109,440 Sq. Ft. 15. % of Lot 66.5 One % of Lot 5.5 % of Lot % of Lot Stories What is the applicant's interest in %he premises affected?, (O~er, Agent, Lessee, Etc.) (I) (We) understand that this Site approval becomes a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and the statements or showings made in any paper or plans submitted herewith are true to the best of (my) (our) kno~!edge and belief. This application will not be ac- ~cepted unless signed by the owner of the ~_~,_~~,B ~perty.. ~~ ~es~gnated -----~ignatur~f OWNER Th~ O~er has he~y ~ ' the above signed person to act as his agent in regard to thi~ petition. (To be executed when O~mer designates another to act on his behalf.) ~ ROAD ~0 ~m HUNTER'S RUN PLANNING AND ZONING BOARD APPLICATION 1 1979 BOYNTON BEACH, FLORIDA Ail applications to be processed by the Planning and Zoning' Board must be received and accepted by the'City Planner'twenty- (2D) days prior to the regular meeting. The a~plicant will' be advised as to supplemental meetings necessary for applicatiqn review. Ail applicants with approved site plans, which at a later date request a revision, will be processed in the .same manner as the initial-application subject to alt~Code requirements effective at the time the revision is requested. Name of Applicant SUMMIT ASSOCIATES, LTD Applicant's Address3500 Clubh0use'L~ne, BoyntonBeach,' ~lorlda Address of Site See Site Plan Intended Use of Sitg0ne Golf Starter'-s Shed,~4 Comfort St'ations (golf Course), Marina-GazebO, Entrance 'Wall Legal Description of Site See 'Site 'Plan The following data must appear-on all copies of the Site Plan~ 1. Existing Zone P.U.D. 2. 'Area of Site-- See Site Plan 3. Total Number of Units Proposed N/A 4. -Density Gross N/A Per Acre 5. Building Area N/A Sq. Ft. % of Lot 6. Parking Spaces: Req'd -0- Proposed 7. Parking - Aisle ~Area N/A Sq. -Ft. % of Lot 8. Street Area N/A Sq. Ft. % of Lot 9. Landscape Area N/A Sq. Ft. % of Lot 10. H&ight 6f Buildings N/A Feet 11. Total Floor Area N/A Sq. Ft. Stories What is the applicant's-interest in the premises affected? signgd by 0~R (~er, Agent, Lessee, Etc.) (I)- (We) understand that this Site approval becomes a part of the pe~anent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and the statements or showings made in any paper or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be ac- cepted unless the o~er of the property. the above signed person to act as his agent in regard to thig petition. (To be executed when Owner designates another to act on his behalf.) i. ROAD ~Z io i-Ti UNTER'S RUN June '14,, 19~i Mr._CarmenAnnunziato - City Planner City of Boynton Beach 120 N.E. 2nd Avenue Boynton Beach, FL 33435 Re: -': Median. C- Landscaping _Plans Dear Mr.._-Annunziato:: Pursuant_ to our conversation and in accordance r'~.tb~-'you~ City'~s- subdivision ~regulations~_ enclosed are six-(6)-.~rints-of thh ~' amended median landscaping plans. Please-_ be advised ~that-Summit As soeiat~es~as -changed-_~he .... - first six (6) pages of the original landscaping plans for the median strip Which were previous!y_apprqyed-bY your community Appearance - Board-.- ~ -We have. substituted--in a -~_variaty~: of loc~tionsvJava Plum trees for.-!]Wmhogony.~trees.;4 In addition we have'reduced-the-sizes .of the trees from-10 ~d 14 'feet~o 6 to 8 feet ._~ _In ~ddition '.We have --atso-~substitu~ed- BOttlebrush~_i_~ and ~Acacia trees -for LigUstrum;~-_There are-a--few other minor subs titutions .which Were 'judged ,:in' our opini-6n ~to he insigni-ficant. Should you desire the attendance_of any-one ~rom our staff at your Community-Appearance Board Meeting, please~advise me. Thank you~for~our cooperation in this matter. Very truly yours, . Paul G. Hykel Project Manager PGH:bf Encs. 3500 Clubhouse Lane, Boynton Beach, Florida 33435. Telephone: (305) 734-5000; Sales Office: (305) 734-6000. iz ~0 ~m r r r HUNTER'S RUN PLANNING AND ZONING BOARD APPLICATION BOYNTON BEACH, FLORIDA Ail %p~tications to be processed by the Planning and Zoning Board must be received and accepted by the City Planner twe~ty- (13) days prior to the regular meeting. The applicant will be advised as to supplemental meetings necessary for application review. Ail applicants with approved site plans, which at a later date request a revision, will be processed in the same manner as the initial application subject to all Code requirements effective at the time the revision is requested.. Applicant's Address ?~-~ Z~ ~0~r, R0a~/z~o~v..~ ~A.' ~~ / ~3 Address of Si%e~~ M,m~6 ~/~,"~ ~' f f- g~ Intended Use of Site ~M0~ /~~, ~IA~ ~y -- Legal Description of Site 5. 6. 7. 8. 9. 10. 11. data must appear on all copies of the Site Plan: Zone Area of Site Total Number of Units Proposed Density Gross ~,A, Building Area Per Acre Sq. Ft. ~ ~% of Lot Parking Spaces: Req'd__ ~g ~roposed Parking - Aisle Area~Sq. Ft. Area ~!~) Sq. Ft. Street Landscape Area ;ffi$_~ Sq. Ft. H&ight~ 6f Buildings /~'~Feet Total Floor Area_~0~oO Sq. Ft. % of Lot. .. Lot % of Lot Stor~ What is the applicant's interest in the premises affected? ~Owner, Agent., Lessee, Etc.) (I)~ (We) understand that this Site approval becomes a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above-statements and. the statements or showings made in any paper or plans submitted herewith are true to the best of (my)~ (ou~) knowledge and belief° ~hi-s application will not be. ac- -~~-u~Ss '~igh~d~y.the:-owner of~the property.. .- . ....... ....... .gnature of The Owner has here~y designated the above signed persOn to act as his agent in regard to th~A petition. (To be executed when Owner designate§ another to act on his behalf.) North Boynt6n'~ ~ Park )n AluminUm Prod~cfs N ]EFFfllE , INC. P.O. BOX 2588 502 BROAD STREET CHARLESTON, W. VA. 25329 PHONE (304) 343-9454 June 15, 1979 City of Boynton Beach Florida Attention: Planning and Zoning Board City Building Boynton Beach, Ftorida 33435 Gentlemen: This letter will confirm telegram to you dated June 14, 1979o As President of Bostic and Jeffries, Inc., I hereby verify a valid purchase~contract exists between Bostic-and Jeffries, Inc. and James and Genevieve Rollyson .for an approximate six acre parcel of land on the North East corner of! Section 16, Township 45 South, Range 43~E~st-of~Palm Beach~County-Florida~ Thisparce~°f~tand-is _i_~ shown on'maps prepared by Richard Sheppard Engineering Company. The purchase contract also provides for an access easement to_said_. property. The easement will extend directly East~rom the presenbexisting access easement~at High Ridge-_Road to the ~North Boynton Industrial Park. Very truly yours, ___ BPR/ew~ cc: Mr. James Rollyson O~AND JEFFRIES, INC. B~uce P. Rollys~ ~ State of WestjVirgin~a County of ~'~-~-~ to-wit: Subscribe~ a~md sworn to before me this My commission expires April 17, 1983. Uii ~ENT LNI'N 3P/4P dUN lz4 .,:: [C~] IPt~TZZ CSP ' CITY' ~F ~OYNTO~ F~d4Otf F~OR:ZDA ~77N ' THI,' NOPTHEASq COF?NI::I~ OF ]: L: '" .,::;~; ' ;-i~OPEIzTY, TEk: L,j~SM,~I:iN~' ~.iLL ~X]EN~.DI~C1LY ~:~'ISq'IN~ aCOk_f;~j k,t~SEN~NT INDttSTRI/~L Plt}~I¢ ] WILL $ 8 7 c4. C '4_5 4.5 C. C'C -j I HEREBY CERTIFY ~at the ~2at shown hereon is a true and correct remresentation of & $~:r:'e~ ,made unde~ mB direCtion and tha~ said survey is accurate to the bes~ of mW knowledge and bo!ief, and, unless ot. herwise sho~, thele are no visible oJ~cro~cJ"~ont$. ~t va./id without ....... . ,an embossed seal. .,'>C .:' /""' /v../::.. / ~Registered Land Surveyo~ Fiorid~ Cer=ific~te DESCRIPTION: ~.- - .. A PARCEL OF L~N~'i~IN THE NORTHWEST QUARTER (NW¼) OF THE NORTHWEST ' QUARTER (NW!~) ~OF sEcT~'oN-16:' ...... -'":: TOWNSHIP 45 SOUTh, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA SAID PARCEL'BEING MOP~ PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT'THE NORTHWEST CORNER OF SAID SECTION 16 THENCE SOUTH..'87° 40' EAST:} ALONG THE.NORTH LINE OF SAID SECTION 16,: A DISTANCE'0F. 902.:17 FEET TO THE POINT OF BEGINNING.. OF THE HEREIN DESCRIBED PARCEL OF LAND; ." THENCE CONTINUE --SOUTH ~87° 40'. 45" EAST A DISTANCE OF 450.00 FEET; THENCE .... SOUTH O0° 06' ~46" WEST, A DISTANCE OF 654.73 FEET ALONG THE EAST LINE OF THE NORTHWEST QUARTER (NW¼) OF THE NORTHWEST QUARTER (NW¼) OF SAID SECTION 16; THENCE ! NORTH 87° 42' "35!' 'WEST,' A DISTANCE OF 448.72 FEET: '.THENCE NORTH 00°'00_ 07" EAST, A DISTANCE OF 655',~2 FEET-TO THE POINT OF BEGINNING. CONTAINING 61750 ACRES, MOPE OR LESS: MEMORANDUM Jim Vance, C~¥ Attorney City Planner 6-19-79 ,u,J,~o ll~/North Boynton Industrial Park Accompanying this memo you-will find a opinion conveyed by ?ert Reed, Attorney concerning a 40 acre tract of land located in ~ .... "zh Boynton Beach adjacent to the proposed extension of High Ridge Road. The question that is brought into play is whether or not this tract of land shall be subject to City Subdivision Regulations or as noted by Mr. Reed the effective date for compliance with City Regulations commenced at the time of annexation. Specifically, by definitiOn a subdivision--meansa division of land into 4 or more distinguishable-parcels (see Append-ix B, Article 5, subdivision defination). Mr. Rollyson's site plan is tentatively sched- uled for planning and Zoning Board review on June 26th. Also, with this proposed, development by subject to the City's proposed Utility Ordinance given the fact that the site plan application was submitted-on 6-14-79. CSA: pf eric. C'~.=-~tr al File Carmen-S .- -Annunz faro ,- ~ City Planner ROBERT !t. REED JAMES ..I. MORAN I~OBEa~ B. F,~-~. ATrORNL~YS AT LAW' ]~OIT OF~CE BOX ~ EAST OCEAN AVENUE. ~Ul~ ~OYNTON BEACH, ~ORIDA M~. Carmen Annunziato City Flanner F.0. Box 310 Boynton Beach, FL 33435 Dear Carmen: Re: Rollyson Aluminum_Products, Inc. Site Plan Application 6 Acre Parcel North Boynton Industrial Park As you know, I represent Mr. James Rollyson, site plan applicantfor his 50,000,square foot building contemplated %0 be built on the 6 acre parcel __ located in-the Northeast corner, of~ what is known as North Boynton Industrial Park, (see Parcel-F on attached drawing). Pursuant to your telephone request of June 18, t979~Cp!ease be advised that we have examined thepublic~ecord title to those parcels~]ocated-in~.North Boynton-industriat~ Park, legally de- scribed as the Northwest ~ of the Northwest ¼-of Sectional6, Township 45 South, Range 43 East, Palm Beach County,_Florida. This examination'reveals the recording on .December 8, 1972:of annexation ._ Ordinance #72-20 covering the 40 acre Industrial. Park.--Upon checkingwith the City Clerk, I]:am informed that-.the effective date of this Ordinance was-September 1, 1972. ~Subsequent to this effective date, the sole subdivision of those ---parcels comprising the Industrial Park as' of that date consists of the conveyance - from Rae G. McLaughlin to MatcolmMeyer of the 1½ acre parcel (described as Parcel D on the attached drawing) under date_of February 19, 1974 as recorded in Official Record Book 2271, Page 532, Public Records of Palm Beach County, Florida. Parcels A, B, C and E on the attached drawing had already been subdivided ihto ~these respective parcels as of the effective date of the-annexation-Ordinance. Accordingly, it.is my~opinion that as the contemplated conveyance of the'6 acre parcel (Farcel F) from Bostic & Jeffries,-Inc. to James Rollyson constitutes only the second division of the industrial Park property, said conveyance would not-call the provisions of'the City!s Subdivision Regulations into play. In the event I may be of further assistance to you with respect to this matter, please do not hesitate to contact me. Sincerely, Robert B. Reed RBR/pmm Attachment ccs: Mr. Jim Rollyson TO Carmen Annunziato City Planner FROM JUN ~ 1 ]979 Edgar E. Howell Building Official i~ _F~lrkt~~u ~ _~ _T ra ~ DATE :__6 -_z.2?lz.19 ..... I FOLD ~ Pursuant to the above, please be advised of the following comment: The Building Department will require street elevations, every three hundred (300) feet on the site plan. 'PHIS COPY FOR PERSON ADDRESSED GRAYARC CO., INC., BROOKLYN, N. Y. 11232 JUN '1 2 1979 Changed frcm two townhouses with carports flanked by two two-bedroom villas with emrports. Boild{ng now has one townhouse without carport, a one-story. two-bedroom a~t without carport on the north side, and a tw~-bedroom villa with carport on the south side. Building 13 has the sM n~n~er and types of units. is moved south t6'-0". The west 1-,nl'F of the building ~JII.DINGS #18, 19, 25, 26, 27 and 28: Changed from buildings with two townhouses with carports flanked by two two-bedroom villas with carports. Build{ngs now have two townhouses without carports flanked by two one-story two-bedroom apartmmnts without carports. The driveways to each unit have been replaced by 5, 6, and ? space parking lots. BUTTDIAE #23: The two-bedroom apartment on the north end of the building has been chmnged to a two-bedroom and den apar~t. When this change was made, Building 24 was moved north. BuTr DI1N~ #32: The two-bedrocm plus den apartment on the east end of the building has been changed to a two-bedroc~n apartment. BUTT DING #33: The two-bedroom apartment on the south end of the building l~n~ been enlarged to a two-bedroc~ plus den apazem~nt. BUTT,DING #35: ~ two-bedroom apartment on the west end of the building has been enlarged to a two-bedroom plus den apa~ I',,~nt. Marina parking lot has been changed. a gazebo and dack area. ! ~LY Marina docks have been expanded to inc!hda SLPPD~Y: %ha total number of units has been decreased from 232 to 231. MEMORANDUM 1979 Carmen Annunziato City Planner Edgar E. Howell Building Official DATE June 21st, 1979 Rollyson Aluminum Products Please be advised of the following, concerning.the above referenced ect. In my opinion, no commercial building in the City of Boynton Beach under-the present ordinance which was 'just paSsed at the Jun~-__19th council meeting, could _be permitted without extending water and sewer lines to the facility.' Further, .I am also of the opinion.~hat a fire sprinkler system could not be depended on a well supply system, for obvious reasons. e -On-site storm water retaining-calculations for the first three inches- (3") -of run-off required. Water management approval required'.for over two _(2) acres of impervi~__ ous material.. Approval_for %urn-out required-for'High_Ridge_Road,_which at this date I am of the understanding, is a county rightTof~way. I also reco~end that High Ridge Road be extend~ to North 22nd Avenue... ~__~, ~ I do not-recommend the city approve any building, now.or in the future, on any road paved in any way other than asphalt or concrete. West Carmen Annunziato, City Planner FROM Allan Nyquist, Fire Marshal SUBJECT 'I -~I ESSAGE REPLY Rullyson Aluminum Products, Inc. Dote 6/20 /79 As there is a serious time element for emergency apparatus in getting to this location, High Ridge Road should be extended south to N.W. 22 Ave. which would enable fire apparatus to better serve this area and location. City Water service should be brought to this. area for the fire protection of this bldg. So as to provide adequate water supply-for fire sprinkler system and to provide fire hydrants for fire protection. This location shall conform to~rdinance ~79-18 "Utility Systems". Signed Received, I will forward this memo-to the Planning & Zoning Board for their review and Council for a final determination. Signed ~4..~......v.~_~ '~) ,(~ ~.....~-.~~ate: SEND PARTS I AND 3 WITH CAR~ON ~TACT:TM PAR~ 3 WIlL B'E RETURNED WITH RELY.= 21/ 79 Redltype 460 MEMORANDUM JUN 2,'0 1979 June 20, 1979 TO: FROM: Mro Carmen Annunziato, City Planner Tom Clark, City Engineer Site-plans for proposed Industrial Building (North Boynton) T.R~B. Review' Comments-concerning the.'subject plans are as follows: 1. 40-ft. right of way required for extension of Miner Road. 2. Platting required? 3. A 60-ft-. _right of way-i-s required all the ~way.- 4. Roadway should be paved according to City standards-. 5. Participation. in a water-line from Seacrest is desirable. 6. -:Road improvements ~are _required to High-~-Ridge Road ~according to City~ standards. 7. The extension of High Ridge-Road to N.W._ 22nd Avenue very important from a. traffic~ standpoin~ Provisions for fire protection-~.are required. Dedications ~equired for 80 ft. ~ ~4~6~ ~_~96~ Ponding areas shall not encroach on road rights of way. Drainage computation will be required for ponding areas.. A note concerning the meinimum maintenance to be maintained for.ponding area should be shown _on plans. Tom Clark 9. 10. 11. ~2. TAC: mb MEMORANDUM Planning & Zoning Board City Planner DATE 6-26-79 Industrial Development High Ridge Road In early 1973, a tentative_plat of the then ~ecently annexed ~'~'O acre tract was submitted to the City for approval. For many reasons, ~he plat was never recorded, but Florida Pneumatic was constructed on one of the tracts tentatively identified on the plat. Florida Pneumatic currently operates without the benefit of City sewer and water service, paved roads or direct City access, for emergency vehictes~.-~Additionalty,--several law suits-were filed concerning the use.of High Ridge-Road. for truck traffic. In the spring of this year, a Subdivision Pre-Application, and Master Plan for North Boynton Industrial Park~were filed by Mr. Bruce Rollyson for the eastern 30 acres of the original-40 acre tract.._ The critical issues were'service with~City utilities and road access to the City proper. It was-recommended by the~City staff that utilities be-~rovided on site and_that High-Ridge.~oad-be .opened--south to--N.W~- 22nd Avenue in order to provide reasonab~e~emergency-~ehicle access~-- It appeared that a good part if not all of the construction cost- for the utilities and road access would have to be borne by Mr.~Rollyson as a result~of %he platting.procedure.- Mr~-Bruce.Rollyson has not to date~submitted a Preliminary Plat for Board review and Council approval. Durin~zthe~inte~im, Mr..Bruce Roltyson has contracted to sell-six acres of land to Mr..Jam~s Rollyson in the north east corner~of the proposed plat. Also, Mr. Reed, attorney for the Rollyson's has'prepared an Opinion based on a title search that land has not been spli~- into four ~parcels and therefore is not subject to the Subdivision Regulations. have forwarded a copy of Mr. Reed's'opinion to the City Attorney. Based on Mr.~Reed's opinion, Mr. James Roltyson has submitted site plan approval application thru Mr. George Wasser for Rollyson Products, Inc., on the aforementioned six~acre parcel. My omments on the site plan only ~are as follows: 1. Shift parking east five feet to account for landscaping adjacent to future road; 2. Shift truck loading area south five feet to account for landscaping adjacent' to future road; Planning & Zoning Board Page 2 3. Future Miner Road should not be included as a percolation area and no well should be located in the future road; 4. Future road to west should be constructed now with proper cul-de-sac; and, 5. Ail land shown as sodded shall be sodded and not seeded except for the south 160' where the developer may exercise a choice unless the Community Appearance Board recommends otherwise. Of greater concern is the'City's inability to provide proper police'and.fire protection'to this proposed development. As pointed out in memo's from the Police 'Department, ~Fire_Department, Engineer- ing Department~nd~Building Department~ direct, Paved~access~o_.the site from the City proper is not~only highly recommended by neces- sary to provide reasonable response time for ~emergency vehicles. This problem has not been constructively addressed by the applicant. Concerning utilities, the applicant is subject_to the new City Ordinance_which governs-utility line extensions. Therefore, I concur~with-the~reco~,~endations~-of the~various staff_members which deem it necessary for High ~Ridge~Road~to be constructed to N.W. 22nd Avenue~to provide proper police and fir~ protection. Furthermore,I recommend that this plan be approved subject to the staff comments. Thank you. CSA:pf Carmen S. Annunziato/ City Planner