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Minutes 01-30-79MINUTES OF THE REGULAR MEETING OF THE PLANNING L ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 30~ 1979 PRESENT Arnold Eo Thompson, Chairman Fred' F. DiSalle, Vice Chairman Ezell Hester Gene Johnson Fred J. Kostner Caesar Mauti Carmen Annunziato, City Planner Craig Grabeel, Asst~ City Planner ABSENT Louis Reiser Chairman Thompson welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board, City Planner and Assistant City Planner. MINUTES OF JANUARY 9, 1979 Mr. Kostner made a motion to approve the minutes as written~ seconded by Mr. Hester. Motion carried 6-0. ANNOUNCEMENTS Mr. Annunziato announced the public hearings on the comprehen- sive plan will be held on February 7 and 8. COMMUNICATIONS Chairman Thompson referred to receiving communications pertaining to the applications tonight and stated these will be taken up when the items are discussed. Mr. Annunziato referred to a letter being received from the home- owners of Forest Hills and Mr. Kostner replied that this letter was not addressed, signed or dated and he pays no attention to anything he receives in that respect. Chairman Thompson agreed and added out of respect to the members of the Planning $ Zoning Board~ communications should be signed. Mr. Annunziato referred to this concerning a master plan recently approved for a ten acre subdivision and advised that some of the people have requested to be heard at a Planning & Zoning Board meeting and he has scheduled them to be heard at the February 13th meeting. NEW BUSINESS Public Hearing Rezoning Requests MINUTES - PLANNING & ZONING BOARD JANUARY 30, 1979 Appli cant: Location: Use: Request: Melric, Ina. (Agent Conrad W. Schaefer) Lying East of Las Palmas Park Subdivision and South of Lakeside Harbour Drive Construction of Twelve (19) Townhouses Rezone from R-/AA to PUD Mr. Conrad Schaefer, civil engineer, representing Melric, Inc., came before the Board and advised this project is on the Intra- coastal Waterway just east of the Las Palmas Subdivision. The petitioner proposes to construct twelve high quality single family townhouses on the-property. The units will be in a price range in excess of $150,000o Six from the group of developers have commited themselves to buy a unit. There will be no sales effort, no signs, or much traffic generated that you might nor- mally expect from a condominium type sale. He then requested the Site Planner of the Project, Mr. John Ewseychik, former site planner of Palm Beach County, to continue with the presentation. Mr. John Ewseychik referred to placing twelve townhouse units on this site and stated the present R-1AA zoning ~would allow for 14 units on this ~te under the permitted density. He explained how the units would be arranged to give a view .to the east and mini- mize the impact on the houses to the west. He referred to mini- mizing the amount of paving on the site and pointed out the plans for tennis courts and pool facility. He explained the ~ogped road system planned. Natural vegetation and the existing shore line will be preserved and the bulkhead will be repaired. Mr. Kostner referred to there being a canal and Mr. Ewseychik informed him that it is a finger canal servicing the area and Mr. Annunziato added that Gulfstream Marina is to the south. Mr. Johnson referred to Gulfstream Marina taking up most of the canal and Mr. Annunz±ato informed him that ownership of this land protrudes 25 feet into the canal. Mr. Ewseych~k showed renderings of the planned units. Mr. Schaefer added that if the development is approved, it will be in full compliance of all standards and codes. Mr. Annunziato referred to the procedure being followed and stated the request submitted is to rezone this property for a Planned Unit Development. The PUD takes the place of a master plan in the subdivision regulations. Those materials required for each of the procedures as well as those requirements for the district boundary change have been submitted and reviewed by the staff. If this rezoning is approved, the next step is to submit a preliminary plat and site development plans for approval of these units. Mr. Kostner questioned the comparison of the density between PUD and R-1AA and Mr. Annunziato replied the PUD would have lower density than R-1AA. He explained how the lo~ configura- tion would determine the number of single family homes allowed. -2- MINUTES PLANNING $ ZONING BOARD JANUARY 30, 1979 Mr. Schaefer stated they figured 15 single family homes would be allowed and their request is for 12 townhouses. Mr. Annunziato added that R-1AA allows a density of 5.4 and this PUD is request- ing 4.3. Mr. Mauti questioned the square footage per unit of these town- houses and Mr. Schaefer informed him it would be 2,350 square feet per unit. Chairman Thompson asked if there would be a carport or garage and Mr. Schaefer showed the rear elevation of the units and pointed out the covered carport area on each. Chairman Thompson called on Mr. Annunziato for comments from the staff. Mr. Annunziato referred to several things having been re- viewed by the staff such as drainage, existing flow of water, utilities, roadway connections, eta. and stated most have been answered to the satisfaction of the staff. He then read Mr. Howell~s memorandum dated November 27 item by item and advised the four items were crossed out by Mr. Howell afterrreview of the plan. The Fire Department notes no comment. The Engineering Department noted that it is subject to submission of final water and sewer plans and DER approval. Mr. Annunziato read the comments noted by Mr. Cessna: 1. Sewer line must be relocated, as shown in red on print. 2. Cleanouts at property line. 3. North units to be tapped into existing sewer line. 4. Water line must be looped at the north. 5. Ail water lines to be 6" Mr. Schaefer advised that the sewer line was relocated as requested and revised plans have been submitted. Mr. Annunziato continued that the Police Department had no comment. The Public Works Department noted that a dumpster is required. His comment is site plan approval is required. The Recreation Dimector has commented: "Based on the Subdivision Ordinance, .18 acres of dedicated open space for recreation purposes is required. Fifty percent credit is due for private recreation provided as indi- cated on the master plan, thus reducing the requirement to .09 acres. Recommend a fee in lieu of land be provided equivalent to the .09 acres requested." Mr. Annunziato added this .09 acres value will be determined by the Board at the time of platting. The Board has the option to determine the price of the land and the applicant can obtain an appraisal or go according to the pur- chase price noted in the most recent land exchange. This would be addressed at a later date. Chairman Thompson referred to the recreation facilities being for the owners of the townhouses and Mr. Schaefer replied this was correct and added there is an existing easement for the resi- dents of Las Palmas Road to the water allowing them to constrnct a dock and an easement transversing the property. This possibly could be construed as the public recreation requirement to meet the code. Mr. Johnson asked him to explain this public access. -3- MINUTES - PLANNING & ZONING BOARD JANUARY 30, 1979 Mr. Schaefer stated when doing a boundary survey of the property, there is a six or seven year old deed the prior owner gave an easement off this property to provide access from Las Palmas Road to this water with the specified right to build a dock. This has been honored in this ma~er plan. Mr. Annunziato pointed out that along the west boundary of this property~ there appeared to be access for the residents of Las Palmas. Chairman Thompson asked if the road leading in and out of this development was paved and questioned the width? He added that he noticed the road to the north is only 18 feet wide. Mr. Schaefer explained how they planned to connect these two roads. It will be sufficient for two cars to pass and it will meet the requirements of a 20 ft. paved road. Chairman Thompson referred to the residents of this new development utilizing the road to the north and asked if the entire width of the road to U. S. 1 was 18 feet and Mr. Schaefer replied he did not know. Chairman Thompson asked if the developer would be required to improve this road and Mr. Annunziato replied that Lakeside Harbor Drive is a private road. Mr. Ewseychik clarified that Las Palmas Road is the main access to this parcel and is 20 feet in width. It is the most direct route from this parcel to U. S. 1. The connec- tion to the road to the north was only made for emergency purposes at the request of the City Planner. Mr. Kostner referred to adequate access for fire protection along the canal area and pointed out there was not any turn-around for emergency vehicles and Mr. Schaefer explained there was a fire hydrant inthe middle of the building and the fire truck would have to pull in and hook to the fire hydrant and back out. He added that the Fire Department did approve this plan. Mr. Hester referred to this being technical and stated the Fire Department has approved this plan and it is not our concern. Mr. Kostner agreed, but stated that he is concerned. Mr. DiSalle referred to the lighting facilities and roadways and Mr. Schaefer replied that he explained the road situation with the road to the north being private but will be left open to the public. Mr. Johnson questioned how the people could turn around and Mr. Schaefer explained there was a driveway and two car car- port for every dwelling unit. Mr. Johnson questioned the distance from the carport to the street and Mr. Ewseychik informed him from the edge of the pavement there is a minimum of 25 feet to the face of the carport. Mr. Schaefer further explained the plan and there were further questions raised regarding access for emergency vehi- cles. Mr. Schaefer referred to a cul-de-sac requiring a 100 ft. diameter and explained they preferred to have a grassed turn- around area rather than a large asphalt area. He added that the Fire Department and City Engineer have approved this plan. The ~moject will be developed in full and strict conformance with City standards. The comments made are interesting, but he clari- fied that they are requesting a change in zoning from R-1AA which would permit 15 dwelling units to PUD with 12 units. All the City. requirements will be met by this developer. MINUTES - PLANNING & ZONING BOARD JANUARY Z0, 1979 Mr. Mauti referred to three units measuring 71 feet across and stated the R-tAA zoning requires a 75 ft. minimum lot frontage and Mr. Schaefer replied the lot sizes are not considered in PUD zom/ng. Mr. Mauti referred to three buildings actually covering one lot and Mr. Schaefer explained the units are positioned to- gether and made two stories high to have more open green space. Mr. Mauti questioned whether they could get as many single family homes on this property as stated and Mr. Ewseychik explained that cluster housing resulted in more open space and due to the config- uration of the property and the Intracoastal surrounding the paz~ eel, they feel cluster housing is more appropriate. With the homes being two stories, it has reduced the actual building cover- age on this site. The code allows 5.4 dwelling units per acre and this is 4.3. Mr. DiSalle questioned the reasoning for going from R-!AA to PUD and Mr. Ewseychik replied the only way they can develop town- houses under the code and stay within the land use plan is to go to PUD zoning. To stay within straight zoning, they would have to go to higher zoning which is not compatible. Mr. DiSalle re- ferred to a 75 ft. front being required and Mr. Ewseychik replied this was not required in PUD zoning. Mr. Kostner requested Mr. Annunziato to compare PUD to R-1AA zoning. Mr. Annunziato stated PUD is not like any other zoning classification. Each PUD is different from any other PUD. Basically the PUD ordinance allows construction of different kinds of units, setbacks to be altered, etc. This PUD in parti- cular is to support twelve units on 2½ acres of land. Lot frontage is not an issue in a PUD. The building setbacks are those approved except on publicly dedicated rights-of-way. The issues are whether the applicant has maintained sufficient open space. It has been shown on this plan that more open space has been provided and exceeds that required if normal single family homes were built. Unified documents will control the maintenance. Mr. Annunziato referred to the drainage and stated a drainage ditch runs through this property and there is a question whether i~ iR maintained. He further explained that a PUD must success- fully provide benefits to the public which are expected. Mr. Mauti asked if the drainage is existing and Mr. Annunziato re- plied that an existing ditch runs behind the houses. Mr. Schaefer explained the plans for drainage and added this will improve the quality of the storm water runoff. Mr. Schaefer referred back to the questions of density, single family residences and front footage and stated because of the shape of tbseland, it does not lend itself to single family subdividing. It is a very beautiful area. These are twelve single family dwellings utilizing view of the beautiful lake landscaping and creating green open feelings. He cannot disagree witht~he comments about the dead end, but it can besolved~with a stabilized green area for a turn-around. The Police and Fire Departments have approved this plan. -5- MINUTES PLANNING & ZONING BOARD JANUARY 30, 1979 Mr. Mauti referred to there being clusters of three units and stated if following R-1AA requirements, there could only be one or two units. We are actually talking about approximately six units going to twelve units under the change of zoning. Chairman Thompson then opened the public hearing to the audience. He asked if anyone wished to speak in favor of this plan and re- ceived no response. He asked if anyone wished to speak in opposi- tion. Mr. Jim Warnke, 617 Lakeside Harbor, stated the 18 ft. paved road to the north is a private street. Immediately to the north of this property, there is a 6 ft. path to the waterway which they have been using for about 20 years. Also, Qa the north side, there is a stand of mangroves. He then told about a hurricane flooding this area and stated this property is subject to flood- ing unless a lot of filliis added. It is a distinct zoning change to go from R-1AA to PUD. This is one of the last remain- ing beautiful properties in Boynton Beach. It has a beautiful view being across from Boynton Inlet. They would like the pro- perty to remain R-!AA. He then asked if any member of the Board had seen this property and a few responded affirmatively. He then asked how many people in the audience were against this zoning and many raised their hands. The people at Lakeside Harbor have a nice private road and would like to keep it that way and are against this zoning change. Mrs. Julia Szymkowski, 655 Las Palmas Park, read a petition signed by the homeowners within 400 ft. of this property requesting the application to be denied on the basis they were assured at the time of purchase of their homes that this area was zoned single family residential, the master plan of 1975 lists the area as R-1AA and the current proposed comprehensive plan lists the same classification and does not recommend a change, they do not want the single family pattern destroyed, they do not want the value of the area destroyed~ and this is undeniably spot zoning. She then read the signatures of ~ine property owners living on Las Palmas Park. She then referred to the easement mentioned and advised that it extends 10 feet to the canal and 45 feet down along the canal. This is for the owners of Las Palmas Park and is not a public easement. Also, how much of this property is under water? Mr. Schaefer informed the people that the mangroves which exist will not be disturbed. The elevation of the land will have to be significantly raised by ~rucked in fill. The minimum finished floor elevation in this area will be 8~ feet and some parts are only 2 feet now. The Australian Pines will be removed because they are not a beneficial tree. These are actually single family residences. The advantage of being adjacent p~operty owners is this project will have a high level of maintenance. He has not done a specific layout of single family 75 ft. lots, but could and would guess quite a few single family lots would fit on this -6- MINUTES - PLANNING $ ZONING BOARD JANUARY 30, 1979 piece of land. Also, two story single family homes could be con- strutted .on this property individually. He explained how the maintenance would not be controlled with the lots being sold individually. A house could be built to the minimum setbacks and the coverage would be greater than these townhouses. Six of the owners of this property will occupy the units. These are two story buildings in which each dwelling unit costs in excess of $150,000 and the maintenance of the whole project 'mill be done by an association. The land will not be left vacant. If this request is denied, another request will be submitted. There will be construction on this land. He is discouraged with the peoples' attitude that they feel this land belongs to them. The code per- mits development and it will be developed in conformance with all standards. If it would be beneficial~ he could prepare a single family layout. Mr. Charles Sipple, 625 Lakeside Harbor, stated this is not the only. piece of land in question, but there is also a piece of land directly north of this property, If these people are granted a change from R-1AA to PUD, the other owners will want the same thing. Chairman Thompson asked how large the parcel und~eloped to the north is and Mr. Sipple replied that it~ is approximately 295 x 1!0 feet. Mr. Ewseychik clarified that this zoning change proposes 4.3 houses per acre and the present zoning allows 5.4. They are re- questing PUD because of changing the type of housing. Instead of single family detached houses, they will be single family attached houses. The reason they are going with a townhouse scheme is there will be more green area. A gentleman from the audience asked how many families would be allowed to live in each townhouse and Mr. Ewseychik informed him that one family would be allowed. The gentleman clarified there would be twelve families living in this complex and Mr. Ewseychik agreed and added that six who will be residing there will be the owners and they are only seasonal residents. Mr. Schaefer added that all twelve houses will be constructed at once, landscaped and maintained. If it is a single family sub- division, lots could be sold individually and built on when they wish. They plan to construct the units this summer and have them ready for occupancy next ~winter. The request is not really to change zoning. They plan to build twelve single family houses and attach them in clusters of three units. He sincerely believes it will be better. Mr. Bill Valley, owner of the property to the north, told about their plans to build single family houses on their .85 acres of land, but if this zoning is hhanged to allow townhouses, then he would have to do something else with his land. He will be squeezed between a condominium and townhouses. MINUTES - PLANAYfNG & ZONING BOARD JANUARY 30, 1979 Mr. Mike Yandrasevich, 638 Lakeside Harbor, referred to liking his home and stated he did not see any sense rezoning. There are sin- gle family homes in this area and he is not in favor of townhouses. Also~ he cannot see the reasoning for connecting the street into Lakeside Harbor. They do not want more traffic on Lakeside Harbor Drive. Mr. Mauti questioned how much of the acreage is under water and Mm. Annunziato replied he thinks it is approximately ~ acre. Mr. Mauti referred to it being close to onee acre and Mr. Annunziato replied that he didn't think so, but didn't have the figures with him. Mr. Kostner referred to serving on the Planning g Zoning Board previously and stated the question of townhouses came in strongly and became popular. The most important point is to consider what is the highest and best use of the land. He is concerned further consideration was not given to the design ~ the street at the end and to the drainage. The area consists of single family homes and it is the natural feeling to continue that type of construction; however, there is also some advantage to a tow~- house project. He has mixed feelings with regard to this pro- ject. The floor area which is provided isaa good ~ized living area equal to RQlkA. Mr. Annunziato informed him that it far exceeds the R-/AA requirements. Mr. Kostner continued that a double carport is provided for each unit. The people do have a point though because there are single family homes in that area. Mr. DiSa!le clarified that under both zoning classifications, they are talking about single family dwellings. This is a high quality development. The only thing in question is the config- uration. The density is less with townhouses. He would like to know the maximum height and Mr. Schaefer informed him that it would be two stories. Mr. Schaefer added that if there is some element which can be negotiated, he would be very receptive to hearing comments. He does not think single family free standing is a very valid argument, but if they can do something with the project they are showing, they will be glad to consider it. Mr. DiSalle made a motion to table this and accept'analternative plan, seconded by Mr. Kostner. Under discussion, Mr. Schaefer referred to criteria to work with and Mr. DiSalle suggested dividing the site into single family lots and Mr. Mauti agreed he would like to see a layout of single family homes. Motion carried 6-0. Mr. Annunziato asked if they would be prepared for the next meet- ing and Mr. Schaefer replied affirnatively and clarified that he will prepame a plan for single family homes to show the comparison to townhouses and will also plan a different connection without the north road. Mr. Annunziato announced that this public hearing will be continued at the next meeting on February 13 and it will not be re-advertised. -8- MINUTES - PLANNING & ZONING BOARD JANUARY 30, t979 Chairman Thompson declared a five minutes recess and reconvened the meeting at 9:10 P. M. He acknowledged the presence in the audience ef Mayor Ed Harmening and Vice Mayor Betty Riseoe. Applicant: Location: Use: Request: Hugh F. Culverhouse, Trustee (Agent Ronald Corbitt, Jr.) Lying South of State Road 804, West of Congress Middle School and East of Knuth Road on the South and North side of Canal LWDD Construction of duplex units Rezone from R-3 to R-2 Applicant: Location: Use: Request: Hugh F. Culverhouse, Trustee (Agent Ronald Corbitt, Jr.) Lying immediately South of Congress Middle School and Canal LWDD ~25 and West of Congress Avenue Construction of Duplex units Rezone from C-3 to R-2 Chairman Thompson requested both applications to be considered at the same time with a separate motion for each one at the end of discussion. He then requested Mr. Ronald Corbitt to present the application. Mr. Ronald Corbitt, Jr., 8206 S. Wo 82nd Court, Miami, represent- ing Hugh Culverhouse, owner of record for these two parcels, appeared before the Board. He stated he would like to~mmarize their posture and would like to have the representatives of Owen L Associates make the presentation. He referred to there being three distinct parcels amounting to a basic parcel of 85 acres and advised that two parcels are within the City and one is ~i~hi~ the County. They have asked the County to rezone the single parcel within its domain to the zoning classification the same as the R-2 from the City. They are asking to have approxi- mately 50 acres downzoned from R-3 to R-2. The other request is another downzoning from commercial to R-2. Their plans are to build duplexes on 75 x 100 ft. lots. He then requested Mr. Dixon to give the technical aspects. Mr. Ron Dixonwith the Engineering Firm of Owen $ Associates of West Palm Beach, showed anaerial photographs of the entire par- eel and pointed out the boundaries.and the locations of the vari- ous parcels. Mr. Dixon then showed a master plan~showing the layout of thessub- diviSion'and lot layout. He added that the lots prgposed will be 75 ft. wide by 100 ft. deep with larger corner lots. He pointed out the entrance points to the development. He explained the water distribution and sewer collection system for the project. -9- MINUTES PLANNING & ZONING BOARD JANUARY 30, 1979 Mr. Dixon then explain~dd the road circulation system and pointed out the location of three lakes. The density on this project taking the entire project with all three parcels is about 5.1 dwelling units per acre. The duplex units planned will be two bedrooms, two bath type. The potential sales are to adult resi- dents. He then explained the drainage system. Chairman Thompson asked if the Board members had any comments and Mr. Kostner requested Mr. Annunziato to give input on this project. Mr. Annunziato referred to there being two aspects to his presen- tation and stated he would like to reiterate what Mr. Dixon and Mr. Corbitt had in their presentation and following the public hearing indicate the review from the staff and governmental agen- cies. This is a downz6ning from 10.8 to 5.1. It lines up with the comprehensive plan for land use at this location. He referred to a connection being shown in the plan to New Boynton Road and advised that Palm Beach County Engineering recommended the connec- tion not be provided owing to conflict with the exit from the shopping mall. It is anticipated the units will be served bM public streets and the drainage system would be maintained by the property owners and we would request a drainage easement for flow rights to the lakes. Chairman Thompson asked if anyone wished to speak in favor of this application and received no response. He asked if anyone wanted to speak against this project and received no response. Mr. DiSalle asked if this plan had been approved by the Techni- cal Review Board and Mr. Annunziato replied affirmatively and stated he will get into the comments and it has also been re- viewed by the Palm Beach County Engineers, Palm Beach County School Board and the Water Management District. These are two rezoning applications, one for C-3 to R-2 and one for R-3 to Mr. Annunziato referred to the staff comments and noted the Building Department recommends annexation of the County parcel and he concurs. The applicant should commence annexation pro- cedures for the out parcel. He told about the County requesting the City to act in their behalf regarding recreation purposes. The Fire Marshall notes fire hydrants to be installed per the Subdivision Ordinance,=so this must be platted and all fire hydrants provided. The Engineering Department notes subject to ordinances. Because this is a rezoning and not a master plan, a lot of information was not required to be submitted. He read Mr. Cessna~s notes regarding wateraand sewer connections and added that Mr. Dixon outlined their plans. The General Services Department noted no comment. His comments regard limited access easements to all collectors and arterials and explained this pro- vides for the inability of those roads backing onto the streets to access to those streets except through publicly dedicated rights-of-way. This will be done with easements and physical barriers. -10- MINUTES - PLANNING & ZONING BOARD JANUARY 30, 1979 Mr. Annunziato read the memo dated January.25 attached from the Recreation Director. Mr. Kostner questioned where this recrea- tion area would be placed and Mr. Annunziato replied the appli- cant would have to design it into the plan if that recommendation :is adopted. Mr. DiSatle referred to the application stating Tracts 37, 38, 39, 58 and 60 and questioned whether Tract 59 was to be excluded and Mr. Annunziato referred to Tract 59 being included in the survey and stated~apparently it was just omitted on the application. Mr. Annunziato then read the attached letter dated December 11, 1978, from Mr. Richard S. Wheelihan, Assistant Manager, Lake Worth Drainage District. He read the attached letter dated Jan- uary 16, 1979~ from Mr. John R. Wodraska, Assistant Executive Director, South Florida Water Management District, advising that no water related problems appear to be associated with this pro- ject from a water supply or drainage standpoint. He then read into the record the attached letter dated January 19, 1979, from Mr. Charles R. Walker~ Jr., Director, Traffic Division, Palm Beach County, and the Memo of Understanding and explained. He then read the attached letter dated January 30, 1979, from Mr. Fred W. Hay~ Director of School Plant Planning, School Board of Palm Beach County. Chairman Thompson referred to there being attempts to pass the. .4 of 1% of the sales price for schools as State law and asked if this was a legal item to require and Mr. Annunziato replied that in the past, this action has been made a requirement of the rezoning. It generally has met with little resistance from the development field. He thinks currently the County legal staff and the School Board staff are preparing a local impact fee ordi- nance. Mr. Annunziato stated the recommendation is these two rezonings be approved subject to staff and other governmental agencies' co rome nts. Mr. Corbitt referred to just receiving a copy of the letter from the School Board and the Memo of Understanding from the County and stated they have not had the opportunity to discuss these with the various sgencies. He would like to ask the Board to proceed and grant the request subject to reaching an agreement between the two parties as opposed to the definitive language contained in the reports simply because they have not gotten any feedback between these agencies. Mr. AnnunziatO replied he thought this would be acceptable, but he would like the definitive comments prior to Council action. He would like to give the applicant the opportunity to converse with the Palm Beach County Engineer and the School Board. This is scheduled for the Council meeting next week. He has no objections to the applicant's comments, but we must have some definitive items to report to the City Council next Tuesday. Mr. Corbitt replied they will make every effort to resolve these comments within the next week. -11- MINUTES - PLANNING & ZONING BOARD JANUARY 30, 1979 ~hairman Thompson asked if the duplexes would be fronting the lots and Mr. Corbitt replied affirmatively and added they will conform to the subdivision regulations. Chairman Thompson questioned the applicant's responsibility regarding Knuth Road and Mrl Corbitt replied that he believed it was requested that they .pave Knuth Road from New Boynton Road to their access point. Chairman Thompson referred to there being a golf course to the west and questioned provisions for widening Knuth Road in the future and Mr. Annunziato explained that Knuth Road is designated as a col- lector road with an 80 ft. right-of-way which allows for future development and allows us to limit points of access to Knuth Road. Chairman Thompson asked if a hearing had been held by the County for that portion and Mr. Corbitt replied negatively, but it has been scheduled. Mr. Hester moved that the zoning be granted on the first parcel subject to the comments of the Technical Review Board and the developer meeting with the County, seconded by Mr. Kostner. Mr. Annunziato added that the documents will be forwarded to the Council. Motion carried 6-0. Mr. DiSalle made a notion to approve the zoning of the second parcel subject to review of the conditions, seconded by Mr. Hester. Motion carried 6-0. Applicant: Location: Use: Request: Name: Frank Go Mendoza, Trustee Lying East of Seacrest Blvd., North of S.E. 21st Avenue and West of the FEC Railroad Construction of duplex units Rezone from R-2 to PUD Seaway Villas Mr. Danny O'Brien, President of O'Brien, Suiter $ O~Brien, came before the Board and advised that he is representing Mr° Mendoza who is present in the audience. Mr. Mendoza's interest is a contract to purchase. It is an approximate six acre parcel of land north of S. E. 21st Avenue across the street from the Squire Hill Project and bounded on the east by the FEC Railroad. They are proposing a multi-family development consisting of 21 duplexes. The property is presently platted into single family lots and zoned R-2. Their plans are to vacate the subdivision and go in with a PUD with 21 duplexes or 42 units. Mr. Grabeel informed the Board that basically it is a duplex §ub- division consisting of 42 units. It is consistent with the pro- posed land use concept plan. It represents a significant down- zoning from R-2 to PUD. It is approximately a reduction of 9,68 dwelling units per acre to 7.09. -12- MINUTES- PLANNING $ ZONING BOARD JANUARY 30, 1979 Mr. Grabeel then read the staff comments. The Building Department has no objections. The Fire Department has no objections. The Engineering Department commented that DER permits may be required. He read the attached letter dated January 25, 1979, into the record from Patricia Walker, Planner with the South Florida Water Manage- ment District. He clarified there might possibly be an impervious area of two acres or greater and it might be advisable to contact DER. He then read Mr. Cessna~s attached memo into the record dated January 30, 1979. The Police Department has approved. The Public Works Department has no objections. The City Planner's comment is that t~D carss per unit parking is required which is proposed. Street lights will be required as well as si.re plan approval. Mr. Frederick indicated the recreation requirement of 7.6 acres and one-half credit for the clubhouse and pool and a fee is recommended in lieu of land for the balance. Mr. O'Brien re~erred to just receiving a copy of the memo from Mr. Cessna and requested approval to be subject to them meeting with Mr. Cessna on the question of two 8" water lines to serve the development and regarding a 16" water line requested on the east side. He is fully aware these would be asked for~ but would like to discuss it with Mr.. Cessna. Mr. Mauti referred to the late receipt of these memos and asked if there was any way to receive them at an earlier date so the applicants are aware of the requests and Mr. Annunziato replied he would like to have everything available two weeks prior to the meeting and his memos are sent out well in advance to when the response comments are received. Mr. Mauti suggested mentioning this to the City Council and possibly a request can be included on the application that the applicant must obtain these. Mr. Annunziato explained that normally a month is required for appli- cation and plan review and it probably would not be practical to make this request of the applicant. There is a possibility the governmental agencies won't respond unless receiving the request from another governmental agency. It is the best system we have right now and generally ~Drks rather well. It is very unusual to receive these memos the same day as the meeting. Chairman Thompson asked if anyone wanted to speak in favor of this development. A gentleman in the audience questioned the density and Chairman Thompson informed him it will be 7.09. Mr. Kostner added that this is within the permissable density for this type of construction. Chairman Thompson asked if anyone wanted to speak against this development and received no response. Mr. Annunziato told about a concern-being abandonment of several roads in the existing Seaway Terrace Subdivision and whether the property owners to the north would object to having this access abandoned and advised the applicant has provided documentation from Mr. Moore and Mr. Rose that they have no bbjection. -13- MINUTES - PLANNING g ZONING BOARD JANUARY 30, 1979 Mr. Kostner commented that there is no access to Seacrest Blvd. which he thinks is very good. Chairman Thompson asked if there was any provision for a traffic light at Seacre'st Blvd. and 21st Avenue and Mr. Annunziato replied negatively, because the traffic numbering was not exceeded according to the subdivision ordinance and this was not addressed. Mr. Mauti made a motion to approve this application subject to Mr. O'Brients suggestion that he me~t with Mr. Cessna regarding his comments and subject to staff comments, seconded by Mr. Hester. Motion carried 6-0. Subdivi sion Regulation Pre-Application Appli Cant: Location: Legal Description: Project Description: Summit Associates, Ltd. (Paul Hykel, Project Manager) So. Congress Avenue (Old Charter World Property) Acreage POD ~'A" of Summit Plat I 232 units, Community Building and Swimming Pool Mr. Annunziato stated for the Board's information, this is a pre- application for the first plat of the first development of a POD previously approved in a PUD called Hunter's Run Golf & Racquet Club. The plat outlined the PODS. Th'e pre-application for re- view is for the development and platting of POD A. The Board's action to approve is the final action for pre-application. The next step is for the applicant to submit ~a master plan. Following 'that, preliminary plat and plans are submitted, followed with a final plat. Mr. Paul Hykel came before the Board and stated inasmuch as this is probably one of the largest developments in Boynton Beach, he would like to explain what Hunter's Runic This is approximately 900 acres of land located on Congress Avenue and the southern boundary of Boynton Beach. He then explained the plan. He added that the PUD is zoned for 4,000 units, but they probably will not build more than 2,500. He then told about the golf courses planned, road circulation layout, and recreational area. They plan to build ~partments, townhouses, villas, ~nd patio homes which will take about ten years. Mr. Annunziato stated this PUD as approved represented a down- zoning 'from 6,600 units for Charter World to a maximum of 4,000. Also, about 200 acres of commercial land was removed and changed to residential. The gross density is 4.6 units per acre which is well within the low density range. They have submitted site plans for the clubhouse and are working on the final drawings. -14- MINUTES - PLANNING & ZONING BOARD JAN-~ARY 30~ 1979 Mr. Annunziato continued that the golf courses and loop road are under construction. The developer is also required to make certain improvements to Congress Avenue and he explained. Mr. Hykel advised that the price of the units will be in excess of $50,000 for the apartments. He told about their current development of Boca Lago. Mr. Annunziato referred to the parks and recreation dedication and advised in addition to the 20 acres dedicated by Charter World, an additional 10 acres has been dedicated adjacent to our existing 20 acre parcel. Mr. Kostner questioned how much area was involved with the exist- ing Charter World residences and Mr. Hykel pointed out the area of 50 units. Mr. Kostner asked if they would have access to this project and Mr. Hykel replied negatively because it is not part of this project. He explained that their sewer plant services these units, but when the regional plant is completed, everyone will hook into ~he public sewer. At the present time, they anticipate barricad- ing tYe road ~o these units do not have access. Mr. Annunziato added that the road rights-of-way were dedicated in conjunction with Charter World and the old Charter World plat has been aban- doned. Mr. Kostner questioned what would happen to the people living in the original units and their expectations of a golf course, etc. and Mr. Hykel told about the original developer going bankrupt. He pointed out thetparcel presently in litiga- tion for recreation purposes. He added there are 155 improved lots which were bought by Oreland Homes. Mr. Annunziato explained that the loop road will be a four lane divided highway, which exceeds the requirements of this develop- ment. Within this road, the water and sewer force mains will be located. The northerly entrance must be opened upon construction of the 2,200 unit. Mr. Hykel clarified that when they hit the 2,201 unit~ this access will be opened but they are not construct- ing this road at the present time. They anticipate building three miles of road, installing the sewer and water lines, underground electric lines, underground telephone lines and street lights. Mr. Mauti referred to the road to the clubhouse being changed and Mr. Hykel agreed and explained it would be changed with access to the south. Mr. Mauti referred to the width of the road and access for emergency vehicles and Mr. Hykel informed him it will be a fo~m lane road with a median strip. Mr. Annunziato clarified it would be 22 or 24 ft. strips with a 30 ft. median division. Mr. Gilhert, the Architect, came before the Board and explained the plan for the loop road with street lights. The units will be grouped with each having a view of the golf course or lake. He told about the type of units plannedaand recreational facilities. He also told about their area for the display of models. -15- MINUTES PLANNING & ZONING BOARD JANUARY 30, 1979 Mr. Annunziato stated the purpose of the pre-application is to alert the Board of the pending subdivision procedure and notify the Board of what the applicant is proposing, what the configura- tion is, ho~ it relates to utilities, etc. This has been accom- plished. Following this, we will have the master plan, prelimi- nary plat, construction plans and final plan. Also, site develop- ment plans will be submitted for this POD. The site development plans will indicate all the building types, parking, etc. Mr. Annunziato advised there were two staff comments. The Utility Department notes a cleanout for the sewer in the ease- ment line and the water meter to be within the easement of the street. His comment is this is consistent w~th the comprehen- sive plan and should be conditioned upon approval of the master plan. The utilities must be in the easements. Mr. Hykel replied that he is sure his engineer has been in contact with the City Engineer. Mm. Kostner asked if there would be any changes in the site plan and Mr. Hykel replied negatively as they do not antici- pate any. Mr. Kostner moved to accept this site plan at this time subject to the Utility Departmentts comments, seconded by Mr. Johnson. Under discussion~ Mr. Kostner added this is a fine layout and certainly should be an asset to the City of Boynton Beach. Motion carried 6-0. Discussion Gulfstream Lumber Company Mr. Annunziato referred to the information submitted and clari- fied~hat we are really going to attempt to discuss is whether lumber yards should be made a conditional use in the C-3 zone. In 1975, Gulfstream Lumber Co. and other similar uses were made legal and non-conforming. This has presented all kinds of pro- blems regarding maintenance and expansion. From the ordinance viewpoint, lumber yards are permitted in the M-1 zone. From the practical viewpoint, these lumber yards are major employers and are not going to go away. The City has to recognize these uses do have some staying power and ~er~aps should adjust to them in a manner of good planning. He then read the attached memo re- garding this dated December 14, 1978 to the City Manager from Mr. Howell and himself. This was presented to the City Council and they requested that it be presented to the Planning $ Zoning Board for comment. He referred to k%eping in mind the protection of the surrounding land uses and their recommendation is these particular uses be conditional uses within the C--3 zone and any expansion shall be subject to the conditional use application. Mr. Kostner asked if this would require hearings and Mr. Annun- ziato replied affirmatively and also site plan approval. Mr. DiSalle statedb_he agreed with this recommendation as they should not allow indiscriminate expansion and he is in favor of this conditional use. -16- MINUTES - PLANNING & ZONING BOARD JANUARY 30, 197 9 Mr. Mauti clarified that when classified as a non-conforming use, the lumber yards cannot expand; but as conditional uses, they can and Mr. Annunziato agreed, subject to specific requirements. Mr. Mauti asked if it was a permitted use prior to the 1975 zoning and Mr. Annunziato replied that he thinks it was. Mr. Annunziato explained that we must recognize these uses, although they do provide a source of employment for the City, if allowed to expand without the proper buffering may cause a pro- blem to the surrounding land uses. He thinks the conditional use is the proper way to go. Mr. Mauti referred to a request being received for a parking lot and Mr. Annunziato informed him it was not allowed with it being a non-conforming use. He recommends that it be included in the C-3 zone as a conditional use. Chairman Thompson referred to this only affecting two companies and Mr. Annunziato agreed, but added that it would govern use in the future. Particularly for uses in the future, if companies relocate, they have a vehicle but we can deny if found not to be compatible to the surrounding land uses. Chairman Thompson agreed this would be a good way to pursue the use. He asked if a motion was in order and Mr. Annunziato replied it was referred back to the Planning & Zoning Board for comment and he suggests a recommendation be forwarded to the City Council that this type of use be considered a conditional use in the C-$ zone. Mr. Mauti made a motion to put this as a conditional use in the C-$ zone, seconded by Mr. Johnson. Under discussion, Mr. Kostner asked if we have o.o provision in our ordinance for this type of category and Mr. Annunziato informed him it is a permitted use in the M-1 zone. Mr. Kostner asked if we had to make additional provisions in our manual and Mr. Annunziato replied the conditional use procedure is provided in the supplemental regulations. All it would require in terms of the ordinance would be to include lumber yards in the C--3 zone. Motion carried 6-0. ADJOURNMENT Mr. Mauti made a motion to adjourn, seconded by Mr. Johnson. Motion carried 6-0 and the meeting was properly adjourned at 10:50 P. M. Respectfully submitted, Recording Secretary (Three Tapes) - 17- MEMORANDUM Carmen Annunziato City Planner Edgar E. Howell Build~ ng Official FILE ~UBJECT November 27th, 1978 Las Palmas PUD #1 #2 #3 ~4 #5 #_6 #8 Carment I have the following continents to make in reference to the above: ~-~~--Dt--f~ t~~ng is pzoper zor ~n~s ~ype'~~L~on. I do not see any building set-back dimensions. cZ ~ ~ sac ~~u~u ~.~.- ~ -e~ '- -_ --e t~e-ln -. ~ eigh~ ' - ' . Hotel and restaurant approval. Army-corps of engineering approval for filling of submerged land and bulkhead. Approval of Environmental ~ency Sincerely, MEMORANDUM January 25, 1979 TO: Carmen Annunziato City Planner JAN 2 6 1979 RE: Corbitt - Culverhouse Rezoning Based on our Sub-Division Ordinance, 8.24 acres are required for Recreation and Open Space dedication. The site plan as submitted provides no private or public recreation open space. While the developer's marketing is probably geared to senior citizens, the proposed marketing method could also appeal to young families who are being priced out of single family homes. There is the possibility that this development will house families with children, but even if not, the senior residents of the area should have available open space facilities. I would recommend one parcel, a minimum of 4 acres, to be dedicated as publicrrecreation and open space and a fee in lieu of land be accepted for the- remainder with such fee earmarked for development of the dedicated open space. Development plans will be determined after an analysis of the residents occupying the dwellings. Charles C. Frederick Recreation Director CCF:as LAKE WORTH DRAINAGE DISTRICT ...... .A. ?'.. ), /.. ~A,._~_2' 13087 SOUTH MILITARY TRAIL MAILING ADDRESS: ROUTE 1 -BOX 711 DELRAY BEACH. FLORIDA 33445 Boar¢~ of Sul~eryls. ors Albert J. Machek George Mc~urrain C. Stanley Weaver Secretary/Manage~ J~ H. Ranmn Assistant Man~ R~ard S. ~h~ih~ Attorney John H. Adams Director of Zoning Palm Beach County Post Office Box 1548 West Palm Beach, Florida 33402' Dear Sir: ' The Lake WOrth Drainage District will accept storm water into its canals from any parcel of'land presently lying'within its boundariem or to be included within its boundaries by due process. 'This does not mean that the District will provide the ~ans to take the water from a given parcel of land to one of our canals. It does mean that once the runoff waters have reached our canal, we will accept the'responsibility for them~ The District reserves the right to approve or disapprove all proposed connections.to its canals. This includes designed flows as well as con- structio~ methods-. '~The runoff rate used must be subject to and meet the criteria set forth and established by the Central and Southern Florida Flood Control District, which agency has such authority under the Florida Water Resource Act of 1972 passed the the State Legislature. The Master Drainage Plan for the referenced development must. approved by this office prio~ to any construction within our rights-of- way. The internal drainage system for the referenced development must be approved by the Central and Southern Florida Flood Control District, as well as the County Engineer's Office. Very truly yours, -LAKE WORTH DRAINAGE DISTRICT Richard S. Wheelihan AsSistant Manager RSW :J c Oelray Beach & Boca Raton 276-4846 - Boynton Beech & West Palm Beac~ 737-3~35 JOHN R. MALOY, Executive Director South Florido Water Management District POST OFFICE BOX "V", WEST PALM BEACH, FLORIDA ~402 TELEPHONE (305) 686-8800 ' "N REPLY REFER TO: 7-50-50 January 16, 1979 Mr. Carmen Annunziato, City Planner City of Boynton Beach P.O, Box 310 Boynton Beach, FL RE: ~ 72 acres - 30/45/43 - R-3 & C-3 to R-2 Dear Mr. Annunziato: Following are our comments on the above request to permit a duplex development within the City of Boynton Beach. Water'SUpply. According to the information provided, the City of Boynton Beach will be supply|.ng potable water service to this proposed 458 unit development. District staff ca)culatlons estimate that a potable water supply demand of approximately 137',~o0. gal)ons per day will be generated by this proposed project. As required by Chapter 373, Part I!, Florida Statutes, the City of Boynton Beach applied for and was issued a Water Use Permit (No. 50-00499-W) with an annua) allocation of 3.89 billion gallons. The District can, therefore, confirm that the City has the groundwater withdrawal capability to supply the potable water demands generated by this proposed development. Storm Water'Disposal. The subject parcel is located within the C-16 drainage basin and the Lake Worth Drainage District (LWDD). Legal positive outfall is available to this project through LWDD L-25.. The conceptual drainage system of this proposed project will route the storm- water runoff through grassed swales, catch basins and lakes prior to discharge through a weir facility to the LWDD L-25 canal. A preliminary review of the proposed drainage plans indicates that the system as presented appears to be adequate to serve the proposed development. ROBERT L CLARK, JR. Chairman - Fort Lauderdale ROBERT W. PADRICK Vice Chairman - Fort Pierce W. J. SCARBOROUGH Lake Placid R. HARDY MATHESON Miami BEN SHEPARD Hialeah STANLEY HOLE MAURICE L PLUMMER NATHANIEL REED J. NElL GALLAGHER JOHN L HUNDLEY e! Naples Fort Myers Hobe Sound St. Cloud Pahokee ~-~ 7-~o-~o Mr. Carmen Annunziato January 16, 197~ Page 2 AS required by Chapter 373, Part IV, Florida Statutes, the applicant must obtain a Surface Water Management Permit, prior to construction of this development, if approved. In summary, no water related problems appear to be associated with this project from a water supply or drain.age standpoint. If you have any questions on the above, please contact our office. We appreciate this opportunity to comment. Sincerely, JOHN R. WODRASKA Assistant Executive Director JRW/PW/mk cc: Mr. Ronald Corbitt / Board o' County Commissioners Peggy ~. Evatt, Chairman Bill Bailey, Vice-Chairman Lake Lytal Dennis P. Koehler Bill Medlen County Administrator John C. Sansbury Department of Engineering and Public Works H. F. Kahlert County Engineer January 19, 1979 Mr. Carmen S. ~nnUnziato, City Planner City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33435 SUBJECT: Duplex Development for Mode~ Inc. - Master Plan and Traffic Analysis Dear Mr.'Annunziato: As requested in your letter of December 27, 1978, we have reviewed the master plan and traffic analysis for the subject development. As in previous such cases, a Memorandum of Understanding is enclosed which outline§ the traffic improvements which should be provided by this developer. ~When the Memorandum of Understanding is executed, please return one signed copy to our office for our files. In addition to the requiremeqts contained in the Memorandum of Under- stanaing, the proposed access onto Boynton West Road should be elim- inated and replaced with a connection to Knuth Road..Knuth Road should be paved from this connection to the end of the present paved section. The points outlined in this letter and the enclosed Memorandum of Under- standing are consistent with the requirements which will be placed on this developer by the County Engineer's Office. BOX 2429 WEST PALM BEACH, FLORIDA 33402 (305) 684-2460 City of Boynton Beach - 2 - January 19, 1979 The opportunity to comment is appreciated. Sincerely yours, OFFICE OF THE COUNTY ENGINEER Charles R. Walker, Jr., P.E. Director, Traffic Division CRW:GHF:ev Enclosure: Memorandum of Understanding cc: Mr. Thomas A. Clark, P.E. City Engineer, Boynton Beach Mr. Ronald M. Dixon, P.E. Robert E. Owen &Associates Mr. K. S. Rogers, P.E., Director PBC Land Development Division Board of Cou~.ty Commissioners Peggy B. Evatt, Chairman Bill Bailey, Vice-Chairman Lake Lytat Dennis P. Koehler Bill Medlen County Administrator John C. Sansbury Department of Engineering and Public Works H. F. Kahlert County Engineer February 6, 1979 MEMORANDUM OF UNDERSTANDING BETWEEN PAI/~ BEACH COUNTY AND P[R. RONALD CORBIT~ DEVELOPER OF DUPLEX DEVELOPMENT FOR MODE, INC., BOYNTON BEACH, FLORIDA It is understood that the Developer of Duplex Development for Mode, Inc. will construct or provide the following improvements to help offset the traffic impact of the development on the public roadway system. (l) Dedicate an additional 10 feet of right-of-way along Congress Avenue, providing for a 60-foot half right- of-way. (2) Dedicate an additional 7 feet of right-of-way along Boynton West Road providing for a 60-foot half right- of-way. (3) Construct a left turn lane on the south approach of Knuth Road at Boynton West Road. (4) Construct a left turn lane on Congress Avenue at this development's access point. (5) At the Developer's choice, provide one of the following two requirements: me Pay a fair share amount of $97,325.00 to Palm Beach County in order to offset'the impact of the traffic demand which this development will create on the road network. bm Construct an additional two lanes of roadway with curbed median on Congress Avenue, including the bridge over LWDD Canal L-25, to the County's satisfaction for a dis- tance of 600 feet ~entered about the development's en- trance. This construction shall commence prior to the issuance of the Certificate of Occupancy for the 229th BOX 2429 WEST PALM BEACH, FLORIDA 33402 (305) 684-2460 MEMoRANDuM OF UNDERSTANDING BETWEEN PALM BEACH COUNTY AND MR. RONALD CORBITT, DEVELOPER OF DUP~,~ DEVELOPMENT FOR MODE, INC., BOYNTON BEACH, FLORIDA February 6, 1979 Page 2 b. cont'd unit in this development. This construction shall be completed prior to Certificates of Occupancy being Sssued for 60% ofthe units (275 units). The developer shall supply a detailed set of construction plans, acceptable to the County Engineer, forthis proposed construction. The developer will post a bond or letter of credit in favor of Palm Beach County for an amount equal to 110% of a certified engineer's estimate of the cost' of the Congress Avenue improvements. This bond or letter of credit will be furnished prior to the issuance of the 100th Certificate of Occupancy by the City of'Boynton Beach, Florida. If Government 4 lanes Congress Avenue in this area prior to the developer completing 50% of the project, then the developer will pay to Palm Beach County an amount equal to the engineer's certified cost estimate on which the bonding of these improvements to Congress Avenue was based. These monies shall be paid prior to the completion of 60% of the units in this project. The Developer hereby commits to accomplishing the above improvements, and it is understood that this Memorandum of Understanding and attached typical section print for improvements to Congress Avenue will be made a part of the records of the Boynton Beach City Council meeting of February 6, 1979. Ronald Corbitt, Developer Duplex Development for Mode, Inc. Charles R. Walker, Jr., P.E. Director, Traffic Division Palm Beach County Dar e /Date THOMAS J. MILLS SUPERINTENDENT OF SCHOOLS THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA 3323 BELVEDERE ROAD WEST PALM BEACH. FLORIDA 33402 TELEPHONE E B 3---00.~0 January 30, 1979 ARTHUR H. BOUGA~: LOUIS J. EASSA vice =~A~mMn~ JAMES C. DE LONGA ROBERT S. HOWELL BERNARD KIMMEL, M.D. SUSAN R. PEL[ THOMAS W. SA~SBURY Mr. Carmen Annunziato, City Planner 120 N.E. Second Avenue P.O. Box 310 Boynton Beach, Florida SUBJECT: Mode, Inc. Duplex Development Dear Mr. Annunziato: The Department of School Plant Planning has reviewed preliminary information relative to the proposed duplex housing development of Mode, Inc. which when completed will consist of 458 dwelling units. This office estimates that this development will generate approximately 183 public school age students when completed. A probable grade level breakdown of which would be as follows: 109 pupils in grades K-5, 37 pupils in grades 6-8, and 37 pupils in grades 9-12. Schools of attendance, assuming existing attendance boundaries remain and no new schools are built at the time this project is completed, are listed below. Also listed are the present existing membership, the additional student mem- bership to be generated by the development and the prbjected total number of students to be housed when all approved development is completed, as well as, the usable permanent capacity of each school. School Name Additional. Usable Existing 1/ Membership 1983-84 Projected Permanent Membership from Devlop.~' Membership 2/ Capacity Galaxy Elem. 450 109 659 308 3/ Congress Community Md. 1,598 37 1762 1440 Atlantic Sen. H.S. 1972 37 2357 2071 4/ I_/. Existing membership represents student membership reported as'of 1/25/79. 2_/. The 1983-84 projected membership within the school's attendance boundaries will be evaluated on an annual basis and may be revised annually based on each school's enrollment and the amoun~ of residential construction activity within each school's attendance boundary. 3/. Funding is available and planning is underway to increase the capacity of Galaxy Elementary School to approximately 600. 4/. Funding is available and planning underway for a new Senior High School in the area which when completed will assist in ~!leviating overcrowded conditions at Atlantic Senior .High School. You will note tha~ while there will be increased capacity at both the elementary and senior high school levels, Congress Community Middle School is expected to be seriously overcrowded. At this time there are no funds available for the construction of additional capacity at the Middle School level. The School Administration, therefore, recommends that if the City Council approves this petition, a condition be placed on approval calling for a cash contribution equivalent to .4 Of 1% of the sales price of each unit at the time of closing. These funds will be placed in two special capital Outlay account. The purpose of which will be to assist the School Board in alleviating overcrowded conditions in the Greater Boynton Beach area. This is a county school system and priorities for construction are established on a county-wide basis. Therefore,~'the school system's ability to meet build- ing needs must be viewed against the total coumty school construction demand. The factor that will determine when the enrollments mentioned on the previou~ page will arrive is dependent upon the rate at which the various developments in the area are completed. But there is no reason to doubt that enrollments will increase when construction is completed nor can it be assumed that all growth is decades away. It should be noted that state funds are allocated to school districts based on the actual number of students in attendance rather than on projected enrollments. Based on past experience, state capital outlay funding allocationsfor this district are generally inadequate to pro- vide facilities necessary for the additional students who will be enrolled when approved developments are completed. Therefore funds for capital outlay use must be generated locally, perhaps through millage increases, ad valorem bond issues, or some type of "fair share" impact assessment. Concern has been expressed by the Boca Raton City Council, The Boymton Beach City Council and the Palm Beach County Co~ssion regarding the school con~ ~ ~ struction program. It should be noted that the School Board has twice in the past six years attempted to pass bond issues to finance new school construction. It is essential that a reliable source of school construction funds be found, this will require a strong cooperative effort with the School Board by-other governmental entities responsible developers and concerned parents. However, if the school funding problem could be resolved, the School Board's policy of responding negatively to proposed residential housing development could be eliminated. Sincerely, School Plant Planning FWH:HLJ:sp REPLY REFER TO: JOHN R. MALOY, Executive Director South Florida Water Management District POST OFFICE BOX "V", WEST PALM BEACH, FLORIDA 334C TELEPHONE (305) 686-88( January 25, t979 Hr. Carmen Annunziato, City Planner City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33435 RE: SEAWAY VILLAS P.U.D. Dear Hr. Annunziato: We are in receipt of your request for comments on the above proposed development. As indicated in the information provided for review, the subject parcel is approximately 6 acres in area. Usually we do not review and comment in an -advisory capacity unless the fo]lowing thresholds are met: 1) the subject parcel is lO acres in area or greater, or 2) a water treatment is proposed, or 3)' an excavation is proposed, or 4) the project is adjacent to District project works. The drainage system of the proposed project will be subject to our General Permit requirements which is administrative permitting procedure estab]ished by our Governing Board in October, 1977.- Therefore,' the applicant should. contact the District regarding these requirements if the proposed development is approved by the City of Boynton Beach. If you have any questions on the above, please contact our office. We look forward to hearing from you regarding other proposed developments within your city. Sincerely, PATRICIA WALKER Planner PW/mk ROBERT k CLARK, JR. ~-,airman - Fort Lauderdale ROBERT W. PADR]CK Vice Chairman - Fort Pierce W. J. SCARBOROUGH Lake Placid R. HARDY MATHESON Miami STANLEY HOLE MAURICE L. PLUMMER NATHANtEL REED J. NE{L GALLAGHER Naples Fort Myers Hobe Sound St. Cloud BEN SHEPARD HiaIeah JOHN L. HUNDLE Pahoke~;~¢ MEMORANDUM Carmen Annunziato City Planner Perry A. Cessna Director of utilities January 30, 1979 Seaway Villas Mr. O~Brien, representing the developers, has submitted a proposed utility easement to connect onto the Water line in Seacrest Blvd. ge does not indicate the line size, which must be 8" line and an ..... 16" 8" tap-onto_.the exlstlng~ line. in Seacrest Blvd. It should also_~be noted~'that DOT is'getting very clo~e to putting down base i.n this-east half of'Seacrest. If the tap is to be made, i~ should be done expeditiously and out of-the road right-of-way, so that it does not.interfere with DOT's construction. According to our Master_.Pta~,-~on the east_side of ~this~property, there should be a utility easement for a~16" water l~ne, ~as we have. required other developers~-to install water lines in conformance with our.Master Plan. when they abut the developer'~s property. It*is recommended-that in~ieu of the 6" line_the~propose~al0ng their east property, 'they should be required to place the 16" line as Per Master. Plan, with. 16" ~valves at.each.~end, and at least one length of Pipe beyond the~valves and then feed their east/west lines into and out of this at the north and south'. PA~:br' ~6 MEM,ORANDUM City Manager Carmen Annunziatb~ City Planner Bud Howell, Building Official 12-14-78 letter from Robert Griffith/ Gulfstream Lumber When the City revised its Zoning Ordinance in 1975, lumber yards were made a permitted use in the M-l, Light industrial Zone. The land upon which Gulfstream Lumber and Lindsley Lumber are located was zoned C-3, Community Commercial, This caused the .zoning status of these two uses to change from permitted uses to legal, non-conforming uses. In my opinion, this action was taken to offer protection to the surrounding commercial uses. Since that time, the City adopted a Conditional Use Ordinance which requires public hearings and site plan submission in order to gain use approval. The purpose of the Conditional Use Approval procedure is to insure that the location of a use will not interfere with the physical or economic environment of surrounding land uses. In light of the fact that these two businesses and possibly others are major employers in the City and that as the City grows there will be a need to expand these businesses, W~ recommend that this question of non-conformity be referred to the Planning & Zoning Board for study and recommendation as to whether or not lumber yards and their attendant commercial uses should be permitted as a Conditional Use in the C-3 zone. CSA-:pf C ~.~-~ J~, CARMEN S. ANNUNZIATO, b~f HOWELL; ,/ Uilding Official