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Minutes 08-22-78MINUTES OF THE REGULAR MEETING OF THE PLANNING $ ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLOP~IDA, TUESDAY, AUGUST 22, 1978 pRZ-~,SENT Simon Ryder, Chairman Col. Walter M. Trauger, Vice Chairman John Jameson Richard Lambert Ronald Arena Mrs. Marilyn Huckle Garry Winter Carmen Annunziato, City Planner Chairman Ryder welcomed everyone and called the meeting to order at 7:30 P. M. He then acknowledged the presence in the audience of Mayor Emily M. Jackson. APPROVAL OF MINUTES Minutes of Regular Meeting of Planning g Zoning Board of August 8, 1978 Col. Trauger moved that the minutes of the Planning & Zoning Board meeting of August 8th, 1978 be approved as presented, seconded by Mr. Lambert. Motion carried 5-0 with Mrs. Huckle and Mr. Winter abstaining~ Minutes of Local Planning Agency Meeting of August 2nd, 1978 Mr. Lambert moved that the minutes of the Local Planning Agency meeting of August 2nd, 1978 be approved as presented, seconded by Mr. Winter. Motion carried 5-0 with Mrs. Huckle and Mr. Arena abstaining. Minutes of Local Planning Agency Meeting of August 8th, 1978 Mr. Lambert moved that the minutes of the Local Planning Agency meeting of August 8th, 1978 be approved as presented, seconded by Col. Trauger. Motion carried 5-0 with Mrs. Huckle and Mr. Winter abstaining. ANNOUNCE~NTS Chairman Ryder announced follo.~ing their usual practice, he'would like to call the membersT attention to the action taken by the City Council at their meeting of August 15th, 1978 dealing with matters this Board referred to them. In reference to Watersedge Townhouses, north of the boat ramp, this was approved by the Council 5-0. Chairman Ryder stated that the Council had first reading on ordi- nance for Parcel T~C?T, Plat of Tenth Section of Palm Beach Leisure- ville, on 15th Avenue. This was approved by Council 5-0. MINUTES PLANNING & ZONING BOARD PAGE TWO AUGUST 22nd, 1978 In reference to Summit Associates, first reading on ordinance on Annexation of property also approval of rezoning certain parcels and vacating and abandoning Plat of Charter World and abandoning certain ingress/egress in easement areas was approved by Council 5-0. Chairman Ryder then acknowledged COuncilman Dave Roberts in the audience. Chairman Ryder then talked about Mr. Lambert appearing before the Council under public audience, stating he was speaking for himself not as a member of the P & Z Board, in regard to modifications of site plan review by Co'until and P & Z Board, and in reference to commercial projects under $100,000 presented a grey area regarding the future performance of the Community Appearance Board as to who they wouldreport to, and questions whether it is covered by the ordinance. Mr. Lambert stated that he thought commercial projects under $100,000 do not have to appear before the Community Appear- ance Board. NEW BUSINESS Public Hearing - Rezoning Request Applicant: F & R Builders, Inc., by Irving Bolotin, Sr. Vice Pres. Location: Property bordered on the north by Hypoluxo, on the east by the E-4 Canal, on the south by LWDD Canal ~20 and on the west by Congress Avenue Legal Description: Acreage Use: 1089 Single Story Attached Townhouses on 229i acres Density = 4.75 U/AC Request: Rezone from R1AAA to PUD with LUI of 4.00 Mr. Annunziato, then read a memo to the Board members from himself, in regards to rezoningtarqe tracts of land in the North Congress Avenue corridor within the last year - namely Sandhill and now Boynton Lakes. Sandhill consisted of rezoning to CO, R1AA, R3, C1, and C3 for a total unit count of 2619 and 30 acres of commercial use. With 4.84 units per acre. Boynton Lakes PUD as presented tonight consi~s of 1089 single story attached townhguses and 12 acres of commercial use. With 4.75 units per acre. Also a PUD request-~s been submitted for the land on the west side of Congress, north of Miner Road. extended less Kno~lwood Groves. This request provides for 1394 units of mixed design types and 12 acres of com- mercial use. With 4.85 units per acre. There are two large tracts of land remaining in the North Congress Corridor~ those being the 263 acre tract lying east 'of the E-4 Canal and north of Miner Rd. e~tended and the 86 acre tract along Congress between Lake Worth Drainage District Canal ~20 and 21. The concept plan prepared in conjunction with our Comprehensive Planning effort indicated that MINUTES PLANNING & ZONING BOARD PAGE THREE AUGUST 22nd, 1978 the lands in question should be developed with a maximum density of 4.84 units per acre. The Board should take into account the ~ffect their recommendation will have on the development of not only this tract but also the three major tracts remaining in the North Con- gress Avenue Corridor. Mr. Fernando Alonzo, civil engineer with F g R Builders, 9~55 North Kendall Drive, Miami, appeared before the Board giving some back- ground about their company, F & R Builders, Inc., has been in exis- tence since 1955 and have several projects going in 5 or 6 states; and is a subsidiary of Lennar Corporation. Mr. Alonzo, then ga[ye the following details of the project: 230 acres/1080 units; land use breakdown; buildings: 26 acres or 11% of the land; individual owned lots 87 acres or 38% of the land; roads 15% of the land; lakes, public parks and open space 95 acres or 42% of the land. Overall density 4.7 units per acre. Projected population 2700 people. Development will be in 5 phases, 200-210 units per phase. Boynton Lakes will not be condominium ownership. Each lot and block will be transmitted fee simple, there will be a home owners association to maintain green areas and open spaces and private roads. Mr. Alonzo, then brought forward a Master Land Use Plan. He noted there will be one main thoroughfare running north and south thru the property; an 80~ public right-of-way from Hypoluxo to Congress Avenue and a 60~ public right-of-way south of the proposed shopping center site. Mr. Rick Rossi, then gave further input regarding drainage plans. Mr. Rossi, then read a letter from South Florida Water Management District. The staff will not take any project to the Board that doesnTt have proper zoning. Once zoning is obtained, the staff has no problem with the project and will present it to the Board for approval. Discussion then followed regarding storm sewers, catch basins, lake systems and elevations. Mr. Arena then asked if they were prepared to go Old Boynton Rd. and Congress Avenue to get water and sewer? Discussion then followed with Mr. Rossi bringing out problems involved such as if they are the first developer bringing in the water and sewer lines at our expense, and another developer sits back and waits until the lines are in before he makes his connections, should he share some of the costs involved. Mr. Rossi also thought an ordinance was in the process whereby the developer would be reimbursed later on, when another developer is ready for connections. Mr. Rossi stated there will be 16" force mains and water mains. Mr. Lambert suggested getting all the developers together and trying to work out a suitable situation regarding the costs involved. Mr. Alonzo stated they will be contacting other developers in this area. MINUTES PLANNING $ ZONING BOARD PAGE FOUR AUGUST 22nd, 1978 Mr. Trauger asked what will be the size and price. Mr. Alonzo stated there will be 2 and 3 bedrooms, one story townhouses; $39,000 to $45,000 - no garages. Mr. Lambert then asked several questions pertaining to fee simple ownership and the Home Owners Association. Mr. Alonzo, then stated lots will be 35~ x 95~ with 25~ in front and 25~ in back and this is the responsibility of the owner to maintain. The large open spaces outside the lot areas will be maintained by the Home Owners Association. We have used this in Dade County, this concept was developed by FHA and VA. The Home Owners Association will also be maintaining and operating the private recreation areas. Mrs. Huckle asked for more detail regarding the fee simple and maintenance of your lot and block. It was then clarified, if a home owner does not'maintain his lot, the Home Owners Association does it and sends him a bill. The rules and regulation are very precise in spelling out exactly what is your responsibility and the Home Owners Associa- tion's responsibilities. Mr. Annunziato, then read a memo from the Utility Department with the following stipulations. 1) The 6"~water lines that show as deadends must be looped with proper easements and in no case closer tha~ l0T to any building. 2) The developerTs engineer should fur- nigh us with their computer Hardy-Cross analysis of the water flows, so that we can present this to our engineers for review. 3) Valv- lng on the main lines and within the individual development areas will be according to our requirements, and not necessarily as shown on the drawings. Mr. Annunziato, then read a memo from the Engineering Department. Approval of Master Plan is recommended subject to compliance with request made by County Traffic Engineer based on traffic analysis and subject to drawings prepared for private and City maintained (in public rights-of-way) lighting system constructed by the deve- loper. The approval for canal and lake alignment must also be approved by Lake Worth Drainage District. Mr. Annunziato, thenstated that a sample Declaration of Covenants and Restrictions were given to our City Attorney to review and then read a memo from the City Attorney as follows: I concur, I told attorney we would require approval of final documents related to this project. Mr. Annunziato, then read a memo from the Building Dept. It is the recommendation of this department that the maximum density for the above mentioned PUD be 4.5 units per acre and that a minimum of twenty feet between clusters be maintained. These recommendations are based on the fact that 4.5 is more than the maximum density for R/AAA and it will also help to acquire an adequate separation for a safe and healthy environment. MINUTES PLANNING & ZONING BOARD PAGE FIVE AUGUST 22nd, 1978 Then Mr. Annunziato, told about meeting with the County Engineers Office regarding the impact of this development on the County thoroughfare system. Hypoluxo Road on the north, Congress Avenue on the west and location of Miner Road extended on the south were in question. Palm Beach County determined that Miner Road west of the E-4 Canal will lie south of LWDD Canal ~20. Ten additional feet of right-of-way for Congress has been provided on this plan. For Hypoluxo Road, the new centerline is 26~ north of the section line~ ~ of the right-of-way or the south ~ of Hypoluxo Road, and an addi- tional 80 ft. right-of-way to relocate LWDD Canal #18 has been pro- vided for. ~s requires an additional dedication of land of 68' to provide additional right-of-way for Hypoluxo Road and LWDD Canal ~18. In conjunction with the Palm Beach County request, the developer has tentatively agreed to build Congress Avenue to a 4-1an~ section by adding the two east lanes, curbing the east lanes at the median and improving the median. This will commence at 50Yo of the development and be completed by 60% of the development with the facility to be bonded at the time the 2nd plat is submitted. Mrs. Huekle asked about signalization. Mr. Annunziato stated that when warranted traffic signals would be the responsibility of the developer on Congress and H~oluxo. Turning~ acceleration, and deceleration lanes also would be the responsibility of the developer. Mr. Arena asked regarding the proposed right-of-way south of the shopping center~ this road will exit on Congress and being too close to the major intersection is it 600T? Mr. Annunziato stated that the pmoposed public road is 650~ which is the minimum the County will permit for curb cuts on a County road. The site plan for the shopping center has not been worked out. Mr. Annunziato then read a letter from Dr. Fred Hay, Director, School Plant Planning, Palm Beach County School Board, stating the following facts. This off/ce estimates that Boynton Lakes will generate approximately 541 public school age students when completed. A probabl~grade level breakdown of which would be as follows: 27! pupils in grades K-5, 136 pupils in grades 6-8, and 136 pupils in grades 9-12. School Name Additional Usable Existing Membership 1982-83 Proj. Permanent Membership !/ from Devl. Membership 2/ Capacity Rolling Green 706 Congress Middle 1540 Atlantic H.S. 1895 271 848 670 136 1746 1441 136 2180 2072 1/. 2/. Existing membership represents student membership reported as of June 12, 1978, which constitutes the end of the fourth attendance accounting period. The 1982-83 projected membership includes students to be gener- ated from this development and others alreadyapproved when ~completed. MINUTES PLANNING $ ZONING BOARD PAGE SIX AUGUST 22nd, 1978 3/. Planning is underway for a new senior high school in the area which will provide relief from overcrowded conditions to Lake Worth High School and Atlantic Senior High School. You will note that the elementary and middle schools which will be expected to serve students from this PUD, based on existing~atten- dance boundaries, are projected to be seriously overcrowded by 1982-83. Based on todayts costs the 900 capacity elementary school would cost $4,300,000. A 1500 capacity middle school would cost $7,000,000 and a 2500 capacity student senior high soho61 would cost approximately $16,400,000. This office recommends that the peti- tioner consider a voluntary cash contribution to the School Board equivalent to .4 of 1% of the sales price of each unit constructed. These funds would be used to assist the School System in providing necessary school facilities inthe City of Boynton Beach and its legal reserve annexation area. Mr. Alonzo stated they were in agreement with .4 of 1% fair share assessment as far as Phase I of the development is concerned. What F $ R would like to do is reserve the opportunity to revaluate our impact on the school system after Phase I is completed which will consist of approx~mtely 185 lots. if in fact, we are generat- ing these school age children as indicated in the letter from the School Board, the impact of .4 of 1% will remain for the entire project. If the project turns out to be more of a retirement or semi-retirement community, where no school children or very few, then we will ask the School Board to revaluate our impact. But, as far as the first ptgse, we concur with the School Board. Mr. Ryder asked about the traffic recommendation. Mr. Alonzo ans- wered, late this afternoon, we arrived at a tentative agreement with the County and Mr. Annunziato as far as what we will do with Congress Avenue and other items mentioned in the letter from Mr. Walker. We will dedicate additional rights-of-way on Hypo!uxo Rd., if signalization is required, we will agree to install it and we agmee to pave 2 lanes of Congress Avenue from North of LWDD Canal ~19 to South of LWDD Canal ~18. Discussion followed regarding the agreement with the School Board. Mms. Huckle asked about protection of the lakes with this project being family orientated. Mr. Alonzo stated there will not be a sharp drop, we will provide a gentle slope down to the water line with a 5-1 or 6-1 slope, from the rear property line to the water line. Mrs. Huckle asked if the lakes will be for boating and swim- ming. Mr. Alonzo answered, sail and row boating, no motor boating, there will be restrictions. There is no outlet to the E-4 Canal and no se~walls. MINUTES PLANNING L ZONING BOA~ PAGE SEVEN AUGUST 22nd, 1978 Mm. Jameson inquired to the recreational areas. Mm. Alonzo responded we ame showing 4 recreational areas, 2 of them as private, which in- clude a clubhouse, swimming pool and some active recreation, like tennis courts, or shuffle board courts om handball courts. There will be 4 swimmingpools in all. The secondary recreation areas will consist of a swimming pool and bathhouse. Mr. Tmauger asked if theme were any comments fmom the Recreation Dept. Mr. Annunziato stated thatthe staff is satisfied, it is in conformity with the sh~division regulations and acceptable. Mm. Lambert asked about 'staff comments. Mm. Annunziato then read his: dedicate 10' of additional mow for Congress Avenue and modify master plan unit locations to compensate for public dedication. Mr. Trauger stated that we did not really discuss the memo from the Building Department'regarding 4.5 density. Mr. Annunziato responded that at the staff meeting, there was some contemn as to the visual crowded effect of the plan and the question of 4.5 units per acre as opposed to 4.7 or 4.85 or the unknown density to the east and that is basically the thrust of my memo to the Board. I think 4.5 might be a proper density, but each land plan must be reviewed in- dividually. Mr. Ryder then asked if there ~as anybody in the audience who wished to speak in support of this application. There was no response. Mr. Ryder then read a petition with about 100 signatures and wanted to clarify, these people do not l±~e in the City of Boynton Beach. We, the undersigned, ~ish to express our opposition to the rezoning of the area between Congress Avenue and E-4 Canal, Hypoluxo Rd., and Miner Rd., from P~IAAA to PUD of 1,080 townhouses. We feel this re- zoning will .increase the automobile traffic on Hypoluxo Rd. and increase already excessive boat traffic on Lake Osborne and tribu- tary canals and generally create a city-like atmosphere in an area we assumed that would remain low density and residentia!~ when deciding to make our home here. Mr. Jameson asked the City Planner if usually for a rezoning a notice is sent out to people within 400t and was this do~e on this particular case to both people residing in and outside the City? Mr. Annunziato, yes as a courtesy we notify the people outside the City as well as in. Ray Kelsey, 7176 Thompson Rd., appeared before the Board and stated that we, the petitioners~ are opposed to any increase in density zoning. We want to keep a low density area and keep traffic and boat traffic down. MINUTES PLANNING $ ZONING BOARD PAGE EIGHT AUGUST 22nd, 1978 Mr. Reynolds,Floral Park, stated that he would like to see a similar project in existence and noted that in concept it looked good. Mr. Alonzo responded that in Da~e County, the Debanain Development at 104th and t26th Avenue, S.W. or in Margate you can visit us and another builder at Highway 441 and Atlantic Blvd. The developments are Lakewood on the Green and Oriole Village. Mr. Lambert moved that the Planning & Zoning Board recommend to the City Council approval for the rezoning request for F & R Builders for the property bordered on the North by Hypoluxo Rd., and the East by the E-4 Canal, the South by LWDD Canal #20, and on the West by Congress excluding the 12 acres on the Southeast corner of Hypoluxo Rd. and Congress Avenue subject to Tom Clark, City Engineer's com- ments and recommendations, Perry Cessna, Utility Department, com- ments and recommendations, City Attorney's comments and Building Department recommendation that 20' between clusters be maintained, County Traffic Engineer's comments concerning improvements to Con- gress Avenue and the additional items noted in the Traffic Impact Analysis, Palm Beach County School Boardfs recommendation and the City Planner's comments as follows: dedicate 10' of additional row for Congress Avenue and modify Master Plan unit locations to compen- sate for public dedications. Col. Trauger then seconded the motion. M6~ion carried 7-0. Public Hearing - Rezoning Request Applicant: F $ R Builders, Inc., by Irving Bolotin, Sr. Vice Pres. Location: Southeast Corner of Hypoluxo Rd. and Congress Avenue Legal Description: Acreage Use: Community Shopping Center Request: Rezone from R1AAA to C-3 Mr. Annunziato informed the Board the most important considerations are location, conformance with our land use plan, traffic impact analysis, signalization and access to County roads. We covered all but the land use plan and this is in conformance with our concept plan and it furthers the policy of maintaining commercial develop- ments at high access intersections. That would be the intersection of two potential 6 lane highways, Congress and Hypoluxo. Staff recommendations are to approve. Mr. Winter asked if it would be necessary for signalization at the south proposed right-of-way. Mr. Annunziato stated that based on the traffic analysis it doesn't appear at this time. Most of your shopping trips emanating from this development to that shopping center are not going to access Congress or Hypoluxo. The County Traffic Engineer has indicated that signalization is the responsi- bility of the developer when and if warranted. MINUTES PLANNING g ZONING BOARD PAGE NINE AUGUST 22nd, 1978 Mrs. Huckle asked if F & R is going to use this property for a motel or hotel. Mr. Alonzo responded that F & R does not anticipate this use right now. We have never built a motel or hotel unit. For this shopping center to be successful, you need at least one major super market. Mr. Ryder then asked if there was anybody in the audience who wished to speak in opposition of this proposal. There was no response. Discussion followed regarding when looking at this proposal, we should be looking at the whole picture, the entire Master Plan. Mr. Lambert moved that the Planning & Zoning Board recommend to the City Council approval for the rezoning request from R1AAA to C-3, Southeast Corner of Hypoluxo Rd., and Congress Avenue subject to: !. Approval of the PUD zoning request submitted in conjunction with this application; 2. Memo from the City Engineer to the City Planner; 3. Memo from the Utility Director to the City Planner; 4. Conclusion of an agreement with Palm Beach County to construct Congress Avenue to 4 lanes from South o~ Lake Worth Drainage District Canal #18 to North of Lake Worth Drainage District Canal #19 and other improvements consistent with the traffic impact statement submitted by F & R Builders, Inc., such as signalization and acceleration and deceleration lanes; S. Comments from the City Planner as follows: a. Dedicate a 10f of row on Congress; b. Modify Master Plan unit locations to compensate for public dedications. Mr. Arena seconded the motion. dissenting. Motion carried 6-1 with Mrs. Huckle Mr. Ryder then suggested we take a five minute break. The Board reconvened at 10:20 P. M. Site Plan Approval Applicant: Richard Wensing for J. Palermo Location: High Ridge Road (North of and adjacent to Fla. Pneumatic) Legal Description: Acreage Project Description: Storage/Warehouses MINUTES PLANNING & ZONING BOARD PAGE TEN AUGUST 22nd, 1978 Mr. Annunziato informed the Board that this plan provides for a warehouse complex located on High Ridge Rd. North of N.W. 22nd and adjacent to Florida Pneumatic. The land is currently zoned M-1 and this is a consistant use. This plan is to be developed in 4 phases each one standing alone with parking. Total number of sq. ft. of building 32,197; 60 parking spaces have been provided and 60 bays - this use is eonsistant with the zone; as are the setbacks, lot cover- age, height and parking. Staff comments ame as follows: Building Dept., sidewalks are to be provided and fire walls are required. Engineering Dept., subject to memo dated 8-17-78, 1. A property survey is required; 2. A 40-ft. right-of-way dedication is re- quired for the east half of High Ridge Rd. and also for the south half of Miner Rd., if the north property line is adjacent thereto; 3. A roadway cross-section should be shown; 4. Construction de- tails are required for the french drain§'~ 5. Site plan should indicate the water source for domestic supply and fire protection. Utility Dept. subject to proviso that developer will connect to water and sewer when available and pay the cost of water and sewer lines in front of the property. City Planner: Parallel parking to be 25'; dedicated streets to be paved to City specifications. Fire Marshall: Not approved, needs fire protection, no water. Mr. Wensing, architect, West Palm Beach, appeared before the Board and stated that the units are small storage warehouses. Mr. Palermo is trying to address an intermediate group of users which we feel there could be small business ventures that will need some sort of storage facility to operate out of. We are prepared to make 3 recommendations with respect to the Fire Marshallts comments: 1. a 2-hours fire stop be provided; 2. adequate fire extinguishers provided throughout the complex; 3. 3-4t~ well with proper size pumping facilities. We can provide a Class B system, 2~" hose bit connection which the Fire Department could connect to, this would provide 100 gallons per minute. We are in agreement with the other department recommendations. Mr. Joe Palmero, tll E. Lantana Rd., appeared before the Board and said this is a 2 acre tract part of an approved 27 acre tract, and he then explained that he is in favor of running a water line from Sandhill. Col. Trauger made a motion the Board table this application until it is resolved with the satisfaction of the Fire Marshall, seconded by Mr. Lambert. Motion carried 7-0. Discussion Possibly providing additional commercial zoning on 2nd Avenue, 15th Avenue from 1-95 going east and also Seacrest Blvd. MINUTES PLANNING & ZONING BOARD PAGE ELEVEN AUGUST 22nd, 1978 Mr. Ryder clarified on August 1st, the Council requested that we look into the possibility of providing additional Commercial Zoning on N. E. 2nd Avenue, 15th Avenue from 1-95 going East, also Sea- crest Blvd. Discussion then followed. Mr. Ryder stated that the Board is not going to resolve this tonight. We were asked to address Seacrest, to look int~ it, for commercial use but, just because its going 4 lanes is hardly an endorsement for suddenly going commercial when its all residential. It is all going to be part of the planning picture. Mr. Lambert stated that these are being taken into con- sideration, we are working on the land use problems and opportuni- ties. We are going to follow their recommendations. Mr. Winter made a motion to adjourn, seconded by Mrs. Huckle. Motion carried 7-0 and the meeting was properly adjourned at 1!:00 P. M. Respectfully submitted, Pat Frazier Recording Secretary (3~ tapes) PF/smk AGENDA PLANN~GANDZONING ~ARD DATE: TIME: PIACE: Au~B~st 22nd, 1978 7:30 P.M. Council Chambers City Hall 2. 3. 4. 5. Acknowledgement of Members and Visitors Reading and Approving of M~nutes Announcements Con~unications Old Business New Business: A. Public Hearings: REZONING REQUESTS Applicant: F & R Builders, Inc., ~_by Irving Bolotin, Sr., Vice President Location: Property Bordered on the North by Hypoluxo Road, on the East by the E-4 Canal, on the South by LWDD. 20 and on the West by Congress Avenue. Legal Description: Acreage (See Attached Description) + Use: 1089 single - story Attached Townhouses on 229- Acres. Density = 4.75 U/AC R~quest: Rezone from R1AAA to PUD with L.U.I. of 4.00 e Applicant: F & R Builders, Inc., by Irving Bolotin, Sr. Vice President Location : Southeast Corner of Hypoluxo Road and Congress Avenue Legal Description: Acreage (See Attached Description) Use: Conrmmnity Shopping Center Request: Rezone from R/kAA to C-3 B. Site Plan Approval: Applicant: Richard Wensing for J. Palermo Location: High Ridge Road (North of and adjacent to~ Florida Pneumatic) Legal Description: Acreage Project Description: Storage / Warehouses C. Discussion See Attached Council Minutes dated 8-1-78 concerning Commercial Zoning