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Minutes 07-25-78MINUTES OF THE REGULAR MEETING OF THE PLANNING $ ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 25, 1978 AT 7:30 P.M. PRESENT Simon Ryder, Chairman Col. Walter M. Trauger, Vice Chairman Ronald Arena John Jameson Richard Lambert Garry Winter Carmen Annunziato, City Planner ABSENT Mrs. Marilyn Huckle (Excused) Chairman Ryder welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board, City Planner and Recording Secretary. He announced that Mrs. Huckle is out of town and is to be considered excused. He then acknowledged the presence of Councilman Dave Roberts in the audience. APPROVAL OF MINUTES Minutes of Regular Meeting of Planning g Zoning Board of July 11, 1978 Col. Trauger moved that the minutes of the Planning & Zoning Board meeting of July 11 be approved as presented, seconded by Mr. Jameson. Motion carried 5-0 with Mr. Lambert abstaining. Minutes of Workshop Meeting of Local Planning Agency of July 19, 1978 Mr. Lambert made a motion that the workshop minutes of the Local Plan- ning Agency held on Wednesday, July 19, be approved as presented, seconded by Col. Trauger. Motion carried 5-0 with Mr. Arena abstain- ing. Chairman Ryder referred to this meeting being rather informal and stated that the minutes were outstanding with covering the discus- sions in great form. ANNOUNCEMENTS Chairman Ryder announced that the Local Planning Agency would hold a citizens workshop meeting at 7:00 P. M. tomorrow to acqua~t the public with elements in t!e comprehensive plan and requested everyone to at- tend if possible. COMMUNICATIONS Chairman Ryder announced that the only communications received applied to items on the agenda and would be read at the appropriate time. OLD' BUSINESS Report on Recommendations made to the City Council Chairman Ryder referred to the City Council meeting of July 18 and told about the Council and Board spending a good deal of time in the MINUTES PLANNING & ZONING BOARD JULY 25, 1978 consideration of the rezoning application for a parcel of land at the southeast corner of 1-95 and 2nd Avenue requesting R-IA and C-2 to C-3 for a Holiday Inn type motel. The BoardTs recommendation to the Council was this request be denied by a vote of 5-1 and the Council upheld the denial by a vote of 3-2. Chairman Ryder reported that the City Attorney presented for first reading an ordinance which is an attempt~to resolve the matter of site plan review. In spite of the fact the Council agreed unani- mously to move along the lines to basically remove from review by this Board and the Council any alterations and extensions to exist- ing buildings and setting a cost limit on commercial buildings, a good deal of discussion ensued and it was finally passed by a vote of 3-2. Apparently when this becomes law, the procedure will be that alterations and extensions to existing~ buildings and commer- cial buildings with a cost not exceeding $100,000 will not require review by the Planning g Zoning Board and City Council. Chairman Ryder referred to the site plans being approved by the Board and recommended to the Council and advised that the Council approved the plans for the Inlet Bait & Tackle parking lot and the plans for Town L Country Squire to construct a funeral home at N. W. 2nd Avenue and N. W. 8th Street. The City Council also approved the annexation request submitted by Summit Associates. Discussion of Lighting Requirements Mr. Winter told about driving through Los Mangos at night and the area being completely dark. He spoke to the contractor and there are no plans to put in any outside lighting. This possibly was overlooked by inspectors because they are not at the site at night. He suggests possibly incorporating into the building code some kind of requirements for street lighting necessary to light the streets or houses in new developments. Mr. Annunziato replied that if it is the pleasure of the Board, maybe some sort of policy could be adopted. A policy has been instituted for new subdivisions for street lights, but multi-family developments have not beeniincluded. Mr. Winter told about the residents requesting some lighting. Col. Trauger stated that the Technical Review Board approved this plan and if it complied with all regulations, there is a hole some pl~ee. Mr. Winter asked if Los Mangos was considered a subdivismon and Mr. Annunziato replied negatively since it was not platted as a subdivi- sion. Chairman Ryder suggested that this be considered and discussed further so a recommendation or proposal can be made. NEW BUSINESS Public Hearings Rezoning Request Applicant: Location: Summit Associates, Ltd. (John Flanigan, Agent) West side of Congress Avenue, South of Lake Worth Drainage District Lateral Canal No. 28, North of Lake Worth Drainage District Lateral Canal No. 30, and East of the North-South Line of Barwick Road -2- MINUTES PLANNIN~ $ ZONING BOARD JULY 25, 1978 Use: Maximum of 3,996 dwelling units which may be any combi- nation of single-family dwellings and/or two-family dwellings or duplexes and/or multiple family dwellings, townhouses, garden apartments and cluster housing to- gether with accessory recreational facilities including clubhouses, community buildings, pool and tennis courts; and maximum of three 18 hol~ golf courses together with maintenance and other accessory facilities; and club, recreation and lodge area containing: up to 24 tennis courts; swimming pools; a clubhouse facility including dining facilities, cocktail lounges, kitchen facilities, offices, locker rooms, proshop, cart and bag storage, camdrooms, lobby, exercise rooms and maintenance faci- lities; and a maximum of 60 units which may be used either as rental units or a s residential dwelling units. Request: Rezone to Planned Unit Development (PUD) with LUI of 3.9 from R-3 and C-3 Abandonment Request - Applicant: Request: Summit Associates, Ltd., (John Flanigan, Agent) Ingress and egress easements and Road/drainage rights-of-way Abandonment Request - Summit Associates, Ltd., (John Flanigan, Agent) Request: Plat Abandonment Chairman Ryder announced that this deals with a tract we have been introduced to previonsly, essentially the old Charter World tract. New people have purchased the property. At the last meeting, the Board recommended annexation of a portion of the property to round out the tract as requested and this was approved by the City Council. This request is to rezone the present R-3 and C-3 to a planned unit development with a land unit intensity of 3.9 per acre which involves almost 4,000 dwelling units consisting of single family, duplexes, etc. with tennis courts, swimming pools, golf courses, etc. Subse- quently we must act on the matter of abandonment because the previous Charter World tract eventually evolved so certain easements were con- summated. The request is to abandon the previous ingress and egress easements and road/drainage rights-of-way and the plat approved. A good deal of information has been submitted to the Board in regards to comments and reports covering the various phases. Before turning this over to the applicant, he would like to have the City Planner give any ~urther input he 'would like to supply. Mr. Annunziato stated that this application has been in the working stage now for approximately four months or more when he first met with the applicant and the staff started getting involved with the develop- ment of this project. It has evolved into a 4,000 unit Planned Unit Development Golf and Tenni~ Club with lodge, clubhouse, etc. The type of development is multi-family arranged in POD formations surrounded by golf courses. A loop road system is proposed w~ich will be private with private maintenance. This incorporates the old Charter World -3- MINUTES PLANNING $ ZONING BOARD JULY 25, 1978 property less the Palmland tract. As part of updating this applica- tion, the site has been designed to incorporate the requirements of the new subdivision regulations and in addition to the City property previously dedicated, additional property has been dedicated. The City will have a total of 30 acres. As far as location, it lies be- tween Canals 28 and 30 with Barwick Road to the west and Congress Avenue to the east. The application has excepted out of it a 30 acre tract-at Congress Avenue. This land is already zoned C-3 and is not part of this application althaugh traffic has been incorporated into the traffic impact analysis. INae Board should note that a lodge is being proposed which is not a specific use in a PUD, but may be included if approved by the Board. He checked DRI requirements and this constitutes DRI, but Charter World has a letter exempting them from the DRI procedure. Another thing which will have to be worked out with the attorneys is the disposition of the court order. The court order will be modified or changed in some manner to provide for a reduction in the density to 4,000 units as a maximum cap. He ex- plained the ratio determin~ng the land use intensity and advised that the applicant has request 3.9 and in all instances has exceeded the land use intensity requirements. He will have more comments when the applicant has completed his review. Also, Mr. Charles Walker and.an associate are present 'from the county; He also has reviews from the School Board, utility companies and staff. Mr. Daniel Jones, 707 North Flagler Drive, attorney representing the applicant appeared before the Board and explained about Summit and Associates being a joint venture and told about their development of Boca Lago, an open low density, low key project similar to what is planned on this property. They acquired this property and inherited the final judgment and determined it was not their type of project and not property to this City. They consulted with the City Planner and staff and think a good project has been worked out for them and for theCCity. The court order allows something over 6,700 units and some of the buildings were four to five stories high. There are a lot of problems with that kind of intense use. Their goal was to duplicate Boca Lago, cut the density, take care of their impact on the community, and develop a low key private community compatible to the communities of Delray Dunes, Village of Golf and Country Club of Florida. He then introduced this planner. Mr. Walter Taft Bradshaw of Walter Taft Bradshaw & Associates, 4337 Sea Grape Drive, Lauderdale by the Sea, appeared before the Board. He explained how this project is very unique. They felt before any detailed planning or parameters were established, they should work with the City and find criteria compatible to the CityTs growth plan. This project began in November, 1977. For 2~ months, they accumulated known data to establish a concept to reduce the density and also have the type and lifestyle of the characteristics of the development as well as establishing a good neighborhood policy to the adjoining land owners and establish a plan compatible to the City of Boynton Beach. With these parameters being established, MINUTES PLANNING & ZONING BOARD JULY 25, 1978 they took the City ordinances and codes and used in a creative way. They evaluated the existing zoning and PUD zoning. Upon review, they felt the most flexible and most desirable would be the PUD zoning. In addition, they analyzed the existing commercial zoning presently existing and recommended the existing commercial zoning be drastically reduced. They think the character of this development 'and Congress Avenue is extremely important and the last thing it needed was strip commercial zoning the length of the property. They also felt the dedication of an additional 10 acres of land to the City should be adjacent to the existing land the City received in the original application so it would give the City flexibility to expand their existing holdings in a logical pattern. He has illustrated graphics to review with the Board members and audience. He has criteria show- ing how they responded to the projected land use plan of the City, natural characteris~cs of the property and met the needs of their client. Mr. Annunziato referred to the density of this plan as it relates to the comprehensive plan and stated that this is within the range of low density we hoped to adopt for the future land use plan. Chairman Ryder clarified that it is in keeping with the objectives we have been working towards and Mr. Annunziato agreed and added that 'it is lower density than Sandhilt. Mr. Bradshaw then explained an illustration of the existing vegetation and foliage. He told how a detailed analysis of the site was made and explained that the result was to preserve as much vegetation as possible and have the project respond to the natural conditions. Chairman Ryder stated that this represents approximately 800 acres and Mr. Bradshaw clarified that it was 800 plus acres. He then ex- plained a plan of the soil types and explained how overlays were developed to respond to the actual physical conditions on the site. Mr. Bradshaw then showed a proposed land use plan and explained how the various residences would be clustered with the golf courses buffer- ing the residential areas. He referred to the construction of three championship golf courses and told how the existing course would be modified. He then pointed out the lodge or social center to be lo- cated in the middle of the project and told about the facilities planned. He stressed that 3,996 units are anticipated as opposed to 6,700 plus previously approved. He then explained how they felt a private community would be successful in many ways with better protection control established, private security, less tax burden to the City, and better function within the total community. It is their recommendation the whole community should be totally private with private streets and guard houses. He pointed out that the commercial zoning was being reduced and 10 additional acres were being dedicated to the City adjacent to the previously dedicated 20 acres. He explained the parkway system proposed including access into the commercial area without penetrating Congress Avenue. He explained the allocation of the acreage. He referred to his exper- ience with other projects and stated that he thinks this is in scale -S- MINUTES PLANNING & ZONING BOARD JULY 25, 1978 with the City of Boynton Beach. He does not think this is a project which will create a massive undesirable look architecturalwise or designwise. This is the same group of people who developed Boca Lago with the same engineering, designing team, etc., which is very successfUl and the owners are very proud of it. This will be a high quality development. A great deal of thought and work has gone into the planning. He thinks it will be a tremendous attribute to the City. Chairman Ryder asked if the utilities would be located in the median and Mr. Bradshaw replied affirmatively, within the major loop. He added that the major loop ~oad would have parkway lighting and in each village, there will be internal lighting. Mr. Arena referred to the lodge and asked if it was to be used as a selling type of thing with people staying at the lodge with the intent to purchase or used as a lodge and Mm. Bradshaw informed him that it will be used as a lodge and not as a selling aid or tool. He ex- plained how guest rooms would be available for the guests of people living here. Mr. Arena asked if the size would conform so it could be sold as a unit in the future and Mr. Bradshaw replied negatively and stated that it will not be .a motel type operation, but will pri- marily be a service aid to the residents themselves. Mr. Annunziato questioned the proposed size and Mr. Bradshaw introduced the archi- tect, Mr. Bob Leymer, and requested him to give the presentation of the architectural character of the lodge itself. Mm. Bob Leymer, Leymer, Levine & Associates, showed a plan with the lodge and pointed out the parking facilities, tennis courts, pool, etc. and explained how it 'would be landscaped to develop an intergreen area with a country cluD atmosphere. Chairman Ryder .questioned the nature of the lodge and Mr. Leymer replied that it is a multi-level golf lodge and showed a rendering of the proposed building. He ex- plained how it 'would be in the same character of Boca Lago, but up- graded a little. Mr. Lambert asked if Boca Lago had the same type lodge facilities and Mr. Leymer replied that-they have apartments in their lodge and it is felt it would be better without apartments, but just to have accommodations for guests over holidays. There was some discussion about the tennis courts and operation and then Mr. Arena referred back to the lodge and questioned the .size of the pro- posed units. Mr. Leymer informed him they would be 400 sq. feet, club resort ty~e rooms with terraces overlooking the golf courses. Mr. Lambert questioned the procedure to be followed and Mr. Annunziato explained that the pods would be submitted as they are platted; floor plans and site plans will be submitted for the units to be constructed. Mr. Lambert clarified that basically tonight, we will be voting on the concept and Mr. Annunziato agmeed. He added that there would also be a maximum unit count assigned to each pod. and he explained and pointed out that the applicant had shown a reduction. -6- MINUTES PLANNING & ZONING BOARD JULY 25, 19Y8 Mr. Lambe~t questioned the recommendation request~d~for the lodge and Mr. Annunziato replied that if the Board agrees, a recommendation should be included for a 60 unit lodge with a square footage set at 'a minimum. Mr. Lambert explained how possibly by setting the minimum size, it would limit the builder and Mr. Annunziato suggested that the number of units be determined. Mr. Lambert questioned the limit and Mr. Annunziato replied that no lodge would be permitted under this zoning. The hotel unit size could not be fewer than 200 sq. feet for each room. He suggests continuing with the review of the remaining documents in the submission concerning sewer, water and drainage and Mr. Clark is present ~o answer any questions. The staff reports have been incorporated into the design of the plan. He has a few comments to make in regard to the plan because of the coordination up to this point. Mr. Conrad Schaefer, Civil Engineer, 2001 Palm Beach Lake Blvd., West Palm Beach, informed the Board that they directed their study to the problem of water supply, sewer collection and traffic collection and distribution. A loop road has been designed to connect to Congress Avenue at the south and exits through the Palmland development. It will be a four lane divided roadway. It is proposed to have 30 ft. irrigated anda maintained median. Additionally, there is a small connection to what is known as Coconut Road, which is ~ mile from Military Trail, which is a local street containing a few private resi- dences. Their plan is to file a record plat of the entire plat includ- ing the loop road and .stub road which would necessitate the posting of construction bonds. The water distribution main line and sewage collection force main will be within the roadway. These have been coordinated .with the Director of Public Utilities. Althought there have been some questions as to size, the philosophy has been agreed t~ that the developer will put in all utilities at his expense and all underg~nd and everything will be landscaped and irrigated. There are some questions that perhaps some of the mains may have to be over- sized for future requirements south and west~of the project. They have discussed the cooperation of their installing a 16~' main where their project'only needs 10'T or !2'T and the City will pay the differ- ence in cost. They will pay all costs for their utilities and all will be underground including the street-light wiring. Each POD in this project will be served on day 1 with water and sewage collection and road access and landscaping. He explained how the first plat submitted would .contain 3~ miles of landscaped highway, three golf courses and clubhouse area, and all utilities, but no residential units. At a future time, they will submit a specific site plan for each POD as it will be developed. The PODS will be the same size as outlined on the overlay plan. They feel this procedure will afford the City the maximum flexibility and versatility. Mm. Lanfo-ert questioned the purpose of the stub road going to Coconut Lane and Mr. Schaefer replied that it is felt a small percentage of the people will want to go west to Military Trail. The traffic im- pact analysis calls for 700 cars per day when it is fully built out. -7- MINUTES PLANNING & ZONING BOARD JULY 95, 1978 Mr. Schaefer further explained how consideration had to be given to the probability of this being a community of primarily retired and seasonal residents and explained how the traffic impact analysis was based on the buildout of 4,000 and according to a County study based on the cost of dwelling unit. According!y~he computer comes out with 700, but he feels it will be significantly less. Mr. Lambert asked if Coconut Lane was the only road to the west and Mr. Schaefer re- plied a£firmatively and added that Barwick Road used to exist, but the Board of CoUnty Commissioners abandoned that right-of-way. He added that the road to the west will also be secured with a guard house. There will be three guard houses total with two on Congress Avenue and one in the rear. Chairman Ryder referred to the traffic impact analysis covering the development in stages and asked if it was estimated at what point Congress Avenue would go from two to four lanes and Mr. Jchesreferred to submitting a letter offering to the County money, signals, turning lan~s, but advised since then~ they have met with the County and have come to the conclusion if they give the County money, they are not sure the road will be built. It is their feeling there is a need to make the improvements to Congress Avenue. They want the road to be built. They will now make the offer to the County that they will take care of their impact on Congress Avenue with four laning it, adding two additional lanes from entrance road to entrance road, and construct a 22 ft. median strip with curbs which will b.e landscaped and irrigated which will have to be maintained by Boynton Beach and the County. They w/ll provide for transition down to two lanes from the southernmost entranme road and the northernmost entrance road to the bridges so the traffic will flow evenly. They will provide sig- nals and install them at their expense when 'warranted. Turning lanes will also be constructed. Mr. Lambert questioned ~he di£~erence be- tween their installation of the traffic light and paying the County $15,000 for installation of the traffic light and Mr. Jones replied that this is what a traffic light,costs. Mr. Schaefer clarified that they will £our lane Congress Avenue with a median, construct the pro- per traffic runoffs and pay the full cost of ~raffic signals when warranted. It is their ~eeling if they give the County $15,000 today and the signal is not needed for six years, we may find ourselves short a signal. As part of the initial construction plan, they will at the same time construct Congress Avenue, landscape it and irrigate it. If they give the County money for signals and £our laning, they feel the money may possibly be gone when it is needed. Mr. Lambert referred to the letter submitted requiring Congress Avenue to be wid- ened when 2,050 residential unitshave been constructed and 51% of the commercial has been developed and Mr. Jones replied that they feel Congress Avenue should be improved at the commencement of their road construction. Mr. Lambert clarified that it is not tied in with a percentage of development and Mr. Jones agreed and stated they want it built immediately. The letter should be disregarded and they are no~ making a new offer to the County and he will submit this in writ- ing, but the County has not accepted it yet. They are trying to amhieve their goal of low density and feel this ~widening of Congress Avenue is justified to take care of their impact. -8- MINUTES PLANNING & ZONING BOARD JULY 25, 1978 Mr. Annunziato suggested reviewing the sewer, water, paving, drainage and elevation elements. Mr. Tom Clark informed the Board that the City has been working ~with Mr. Schaefer and they have put up the money so the City could authorize Russell & Axon to review the plans in con- nection with the master transmission facilities. They have had a meeting of the minds, but the exact details will have to be worked out with the City, consultants and developer's engineers. From what has been said, this already has been substantially agreed to. Mr. Schaefer added that he met with Mr. Perry Cessna and showed him the water distribution and sewage collection plans and they will be re- viewed by the consultants and there is the possibility some may be oversized for expansion. The developer will pay for everything re- quired in his project. The City Commission must make the decision regarding the oversizing of mains to serve other areas of the City. Chairman Ryder referred to the new connector main coming from the old plant to the new plant and questioned the timing. Also, will it go in the widened area or the presently paved area? Mr. Clark informed him that a 36'T force main will go into the 20~ easement provided by the developer and will not be in the County right-of-way. Mr. Schaefer added that the developer has donated this right-of-way to the City for the transmission lines, but it is 10' adjacent 'to Congress Avenue. Mr. Clark clarified that this developer wil~ give another 7' required for the ultimate right-of-way of Congress Avenue and the easement will be 10 ft. to the west. He explained how a 16" water line was proposed on the west side of Congress Avenue and before the first plat is recorded, the developer's contribution to this must be worked out. Chairman Ryder announced that before the Board at this time is an application for rezoning and they cannot at this time cope with all the problems. The site plans will be submitted later. Right. now, we have to come up with a recommendation to the Council with regard to the rezoning. Mr. Annunziato announced that to complete the utilities review, he would like to read Mr. Cessna~s memo into the record. He then read the at- tached memo dated July 21, 1978. Chairman Ryder referred to the third point making reference to a Hardy-Cross analysis and Mr. Schaefer explained how this analysis determined the pipe size. He explained how presently there was a 16" line coming into the clubhouse and an 8T' line on the east side of Congress Avenue and a 12" line to be looped through the project. Mr. Cessna's recommendation is possibly they should think about con- strueting an88" line from the 12" to 16" to serve '~h~ commercial and City civic sites. They have no intentions of developing the commer- cial and don't know what the City's plans are for their property. If a water line is required for their benefit, they will pay for it. He has been instructed by the developer to be totally cooperative and they will pay their fair share. -9- MINUTES PLANNING $ ZONING BOARD JULY 25, 1978 Mr. Annunziato referred to the trafficaand rights-of-way and informed the Board that Mr. Charles Walker was present from the County Engineer's office to make comments. Mr. Charles Walker, Director of Traffic for Palm Beach County appeared before the Board. Chaimman Ryder informed the Board that-Mr. Walker appeared before the Council last 'week in regard to the Year 2000 Thoroughfare Plan and there is a road shown at the southerly loop of the road in this develop- ment for a major east/west road. The City Attorney ~was requested to research what the Citycould do in this regard. The County feels this moad .is necessary and the City has not taken any 'action on this, but is awaiting the report from the City Attorney. Mr. Walker agreed with these statements and clarified that the matter was tabled in response to a resolution from the County Commissioners. He read the resolution submitted to the City Counci!mrequesting the City to require the developer to dedicate 120 ft. of right-of-way for CoeonuttFlavor-Pict Road as shown on the thoroughfare plan and to require the developer to make a fair share contribution for thewwiden- lng of Congress Avenue. This matter has not been resolved at this point between the developer and the County. They feel it can be solved and feel the COunty would benefit for the developer to construct Congmess Avenue in this area. This is an extremely large project with 4,000 .dwelling units. This approval would mean incmeasing the population of the City by approximately 25%. The traffic impact would be about double of what is theme today and there are 7,000 cars per day now. He explained how while the developer would be agreeing to construct Congress Avenue, they would only be replacing what they would be using up. He feels it is fair for them to widen Congress Avenue considering the size and congestion of Congress Avenue if they dontt do it. They met this afternoon and discussed the distance it-should be widened. They are requesting the Board give a favorable recommendation as far as requiring the developer and County to continue with negotiating an agreement. Mr. Walker then referred to the right-of-way for Coconut/Flavor-Pict Road and stated that the thoroughfare plan is to protect rights-of- way for the future. He explained how major areas usually take ten to twleve years tobbuild their projects and when the traffic is finally evolved and the government sees the need for roadways, they cannot build because condominiums are setting on the roads. They are trying to establish mights-of-way for future roads. They would like to see a right-of-way through this project to have a road to Military Trail and ultimately to extend to State Road 7. He under- stands the developem is in opposition to this f-rom the point of view regarding security. It is possible some points could be nego- tiated such as dedicating a right-of-way along the south pmoperty line. -10- MINUTES PLA~ING g ZONING BOARD JULY 25, 1978 Mr. Walker then stated according to the traffic impact ~analysis, 4,275 cars per day were estimated for Coconut Lane as opposed to the 700 presented by Mr. Schaefer. Mr. Lambert stated that this meant if it were open to the public and Mr. Walker disagreed. Mr. Lambert commented that this seemed like a lot of traffic and Mr. Walker replied that this would be an extremely large development with about 4,000 units and 30 acres of commercial property. They discussed ~urther the possible useage of this road. Mr. Walker then requested the Board to support the fair share con- cept, which he thinks can be worked out with the developer, and also requested support of protecting the rights-of-way so it will be available to the public in the future. Mr. Lambert referred to attending the Council meeting and asked if he had correctly understood that the thoroughfare plan has not been adopted by Palm Beach County and Mr. Walker replied that it has not been adopted by ordinance; it is a working document and is imposed on developers. Mr. Lambert asked when the plan was completed and Mr. Walker replied in 1975 and added that the reason it was not adopted was because the land use plan showed such tremendous growth the County felt it should be reviewed and this process is still go- lng on. Mr. Lambert-referred to having a thoroughfare plan which is law and Mr. Walker replied negatively and stated that none has been adopted; the thoroughfare plan was presented to the Board of County Commissioners for adoption, but the Board decided to re-address the land use plan first. Mr. Lambert asked if the County had paid for rights-of-way and Mr. Walker explained that they made it a require- ment of the developer, but could only enforce this in the County, but since this is within the City, they can only ask for the City's cooperation and that is the reason for the resolution. Chairman Ryder referred to Lake Ida Road being approximately one mile to the south and stated that this road goes east underneath 1-95 and questioned why thoughtwasn~t given to extending it to the west and Mr. Walker replied that the thoroughfare plan was being used when he came to the County and he cannot address why Coconut/Flavor-Pict Road was picked rather than Lake Ida Road, but it does fall between Boynton West and Delray West Roads and it would be a logical place to have another road c~ssing the tunnpike. Chairman Ryder announced that it was hoped the developer and County come to ammicable agreements on these matters. Apparently since the developer is not inclined to go along with this, it means the south loop may become a public thoroughfare. The point was made at the Council meeting that it could not fit into the concept as it will be a private community. Ir'will have to be resolved by the City Council and he does not think it is within our purview to take any stand on this. It is hoped the applicant will reach requirements to the satisfaction of the County. -il- MINUTES PLANNING & ZONING BOARD JULY 25, 1978 Mr. Walker requested that the Board include as a condition of their appmoval the request regarding Congress Avenue. Mr. Jones replied that all the applicant was in a position to do was make an offer. If a condition is included that-they must reach an agreement, this could go on and on. He thinks it would be fair that the condition be that he male the offer he outlined if the Board thinks it is rea- sonable. All they can do is make an offer. If the County does not agree~ then they cannot build Congress Avenue. Chairman Ryder asked how far apart they were on who builds the Doad and Mr. Jones replied that they are not far apart on that, but the question is from where to where. ChairmanRyder~explainedhow contractors could probably pmoceed with the constmuction of Congress Avenue faster than the County could with the legal requirements to be met. He thinks it would be a benefit to have the developer proceed withit. Mr. Annunziato referred to having had several discussiorson several developments with the County regarding a fair share contmibution to- wards construction of the capacity of the highway. Generally the im- pact emanating from a development on a road system goes through a radius of six miles beyond the development and he explained. He ex- plained how the County had taken the approach that the impact on the highways usually occurs within one mile of the development. Mr. Schaefer clarified that the County has two propositions which they areaasking the City to suppomt. They are in agreement with one. In reference to Congress Avenue, the attorney has stated for the record that they will widen Congmess Avenue within the L28 and L30 canals at their total expense. The other thing requested is the road right-of-way through their project. He referred to being a member of the Land Use Advisory Committee in t972 and told about the preparation of the land use plan and howthe thoroughfare plan was not compatible because 6f being based on high density. They are reducing the density allowed on this land, the same as in other western areas. These changes results in changes being made in the thoroughfare plan. The Boamd of County Commissioners recognized the thoroughfare plan would place a burden on the taxpayers to acquire the rights-of-way and did not adopt it. The trend has been to lower densities and that is what they are doing here. A road from State Road 7 could just as well dead end at Military Trail as well as Congress Avenue because it cannot continue east from Congress Ave. The reason Mr. Walker and the County are requesting this is because they are going by a 1975 thoroughfare plan based on a 1972 land use plan based on much higher densities. The Board of County Commis- sioners requested the planning division to review the land use plan so the demand for public facilities would be lessened. There is a concerted effort in the County and City to reduce densities and this means traffic reduction. Mr.. Annunziato clarified that his statement was that they will con- struct Congress Avenue from the L28 to L30 canals as opposed from entranceway to entranceway and Mr. Schaefer clarified that they are aommited to four lane Congress Avenue from entraneetto entrance, -12- MINUTES PLANNING $ ZONING BOARD JULY 25, 1978 construct a landscaped median, and duplicate the other two lanes of pavement for 3,000 feet, about half of which is in front of City property. At the intersections, there are turning movements required and they will provide those. When they get through the intersections, there are problems with the two lane bridges and they will construct from the bidges into the four lanes between the two of them. Mr. Lambert referred to traffic lights and Mr. Schaefer replied they will provide them at their total expense when warranted. However, he would like to separate the t~ problems: Congress Avenue, which they agree to, and the road through the project, which they donft. Mr. Lambert referred to the estimates of Coconut Lane having 700 cars or 4,000 cars when this is built out and Mr. Schaefer introduced Mr. Harold Vick, Kimley-Horn & Associates, 5800 Corporate Way, West Palm Beach, and advised that this firm was the traffic consultant for them and the County. Mr. Vick clarified that their estimate is 2,130 vehicle trips per day in and out. The total distribution to the west is about 18% of the project. It is not 700 nor 4,000. Mr. Walker re- ferred to Figure 2 on the presentation showing 4,275 and Mr. Vick clarified that this represented 2,000 which would go south on Barwick Road and 2QQ00 which would go west on Coconut Lane. He explained how this was calculated with the land use of the project being approximately 4,000 dwelling units. He also explained how with not having the public road, there were satisfactory other roads in the area. Mr. Lambert questioned the point of the south road being public or pri- vate and Mr. Jones replied that there was more to it than from a traffic standpoint of it being private opposed to public. There is a question of the legality of this request-as brought up by Mr. Gene Moore. There is reference to them increasing the size of Boynton Beach by this pro- ject, which they are not, but are decreasing the population of what was zoned by court order. They are decreasing the impact. It is impossible to plan this project properly and do a proper job with the kind of road Mr. Walker is talking about. It is illegal to place a condition on a developer based on a plan nobody has had the courage to adopt. The plan is no more valid today than when it was turned down. Barwick Road was shown on the plan and the County abandoned that. They seem to want to follow this plan, but nobody wants to adopt it. They have spent months on this planning process and at the last hour this request is made to take 120 feet out of their property and not only that, but build a t~ mile roadway with landscaping. There is just so much a pro~ect can stand. This would be another $400,000. This will accomplish nothing. To put it through will destroy the whole concept of this and introduce traffic which this project is not designed to take. Delray Dunes Home Owners Association considered this and are in agreement with this concept and are concerned about the security of their homes. If this public road is introduced, it destroys their security. He urges the Board to keep the plan intact. Also, to be considered are the homes existing on Coconut Lane and with the road being made 120 feet, some homes will have to be to~n down. This docu- ment is not public record and how is somebody to know a highway is going to go through their living room until it is adopted. What it does is cloud the title to any land it touches without official adop- tion. He thinks it is far reaching to ask them to give up another 1~ million dollars when they seem to be doing something proper. -13- MINUTES PLANNING & ZONING BOARD JULY 25, 1978 Mr. Walker stated that the 2000 Plan has just been completed by the Area Planning Board. Palm Beach County is experiencing tremendous growth and this project is an example of what comes across his desk. The population projection is 1,500,000 for 2000, almost tripling what we have. Palm Beach County has issued more building permits than any public jurisdiction in the United States. The basic conclusion is that we will be in trouble by the year 2000. The road system will not handle the traffic and the government will not be able to fund the necessary requirements to develop roads. The densities are being reduced, but there will still be bad traffic problems. One way to solve the problemis to create adequate rights-of-way. The recom- mendation is to require developers to build roads as part of their projects and these to be made available to the public. There would not be a substantial difference in the cost of public opposed to private. It-would change the concept of the development to require additional guard houses, but would not change the configuration of the project. Chairman Ryder asked if anybody else desired to speak in favor of this and received no response. He then asked if anyone wished to speak in opposition to this change in zoning and received no response. Mr. Annunziato informed the Board that he has some further reports from school plant planning, the City Attorney, etc. In addition to this being an application for rezoning, it is a subdivision master plan. If this is approved and the zoning is changed, the next step is to file preliminary plats. This is a PUD application and master plan. Mr. Annunziato then read a letter from Mr. Howard L. Johnson, Plan- ning Specialist, School Plant Planning, stating that based on the proposed market orientation, the types of housing units to be con- structed and their estimated sales price, it would appear that this proposed project would have a very small public school generation. However, when plans are more definitive, they request further evalu- ation. Mr. Annunziato then read a letter from Mr. Richard S. Wheelihan, Assistant Manager of Lake Worth Drainage District, agreeing to allow the developer to relocate Canal 29 provid~dg the developer exchanges deeds with them and performs the necessary excavation to relocate the physical canal. It is also requested that the City allow them to review the proposed construction within their rights-of-way priortto final approval. He clarified that this means the developer has to exchange deeds with the Lake Worth Drainage District to relocate Canal 29 through the system as the canal develops. This developer will enter into a maintenance agreement to maintain the landscaping up to the lake and canal waterway itself. Mr. Annunziato then read a letter from the South Florida Water Manage- ment District and advised that he has not received the final comments concerning their review of the drainage plan, but does anticipate the plan will be accepted by them. -14- MINUTES PLANNING & ZONING BOARD JULY 25, 1978 Mr. Annunziato advised that the PUD ordinance required the City Attor- ney to review the homeowners or condominium association documents and Mr. Moore has reviewed them and approved. Mr. Winter made a motion that the application from Suhmmit Associates to rezone to a Planned Unit Development with LUI of 3.9 from C-3 and R-3 be approved. Mr. Annunziato referred to the conditions that the developer four lane Congress Avenue, pr6vide transition lanes from the two canal bridges, provide signals when warranted and turning lanes pmovided at both entrances. Also credence should be lent to Mr. Cessna's memo. Mr. Clark has noted agreements with the County for transportation purposes be coordinated with the County. He has com- mented that he thinks we need to see some modification of the court order. He would hate to see this approved at 4,000 units and the court order provides for 6,700 units and commercial where a golf course is planned. He thinks as a matter of support the court order has to be altered in a manner to provide for this development and protect future land use. Mr. Jones added that he thinks the condi- tion should be stipulated if the City Attorney deems it necessary, they would amend the court order to conform to the PUD as agreed to. There is some question whether it needs to be done. The City of Boynton Beach has the power to enforce the court order. The various individuals mnvolved all gave general releaaes. If the City Attorney stipulates amending the court order, they will. If the City Attorney stipulates, they will enter an agreement-with the City of Boynton Beach to enter a court order to reflect the lower density and this application as finally passed. Mr. Annunziato referred to the thoroughfare plan and suggested de£er- ring judgment and Mr. Lambert replied that he thought it should be part of the recommendation. He explained how he thought there should be a recommendation from this Board. Mr. Annunziato stated that his recommendation is to defer making statements on this issue until the City Attorney has determined the reasonah~ess of this request with respect to this development. He explained how the requests made had to be based on the impact of this development. Mr. Lambert replied that he thinks the Council appointed this Board to make that determina- tion. Chairman Ryder stated that if we endorse this, we are actually approv~dgthe concept. What we are doing without endorsing or condemn- ing the thoroughfare situation is accepting this concept. Mr. Arena stated that he thinks the Council is going to be looking for some type of recommendation. Mr. Moore will give a recommendation where they stand legally, but 'we should give a recommendation whether the road is necessary to go through there. We have heard the County representative, the developer and renewed the study and must make a recommendation. Mr. Winter replied that by this not being incorporated into the motion, we accept the fact'the road is not necessary.' Mr. Lambert amended the motion that the developer not be required to dedicate the 120 ft. right-of-way and Mr. Winter included in his motion. Col. Trauger referred to the Lake Worth Dmainage District and mainte- nance of the canals and Mr. Annunziato replied that this did not have to be addressed. -15- MINUTES PLANNING & ZONING BOARD JULY 25, 1978 Mr. Jones stated that the only power the developer has here is to offer. They plan to make the offer tomorrow which he stated in writing and bond it. The County must agree they can go ahead with Congress Avenue. If the County does not agree to their offer and wants a money contribution, they will have to come back if this is made a stipulation. Chairman Ryder informed him that the motion indicates they will provide for widening of Congress Avenue ~th transition to the adjacent bridges and Mr. Jones agreed and stated that all they could do was make this offer. Mr. Annunziato clarified that Mr. Jokes was afraid the County may not accept their offer be- cause it is a County right-of-way. They discussed further the recom- mendation made and how it could not be finalized until accepted by the County. Mr. Annunziato then referred to the lodge and recommended that it be constructed in connection with the PUD maximum with acceptance of a 60 unit lodge. Mr. Lambert then seconded the motion. Mr. Annunziato clarified that the motion was to approve the application from Summit Associates to rezone to a Planned Unit Development with LUI of 3.9 from C-3 and R-3 with the following conditions: The developer shall four lane Congress Avenue as required by his project with transition lanes to the two canal bridges, provide traffic signals when warranted~ and turn- ing lanes provided at both entrances subject to acceptance of this offer by the County. Subject to Mr. Perry Cessna's memo dated July 217 1978. Modification of the court order to protect future land use plan if deemed necessary by the City Attorney. Subject to a maximum 60 unit lodge. The right-of-way not necessary to be dedicated 120 feet through the development. Motion carried 6-0. Mr. Annunziato then referred to the two abandonment requests and explained how the first one covered ingress and egress easements and old road/drainage rights-of-way. He explained how some utilities would require temporary easements. The staff recommendation is to approve the ingress and egress easements and road/drainage rights-of- way subject to maintaining on a temporary basis those easements neces- sary for access to utilities. Chairman Ryder asked if anyone wished to speak in favor of these re- quests for abandonments and received no response. He asked if anyone wished to speak in opposition and received no response. -16- MINUTES PLANNING & ZONING BOARD JULY 25, 1978 Mr. Harold Jones, 1236 Barwick Road questioned where the easements were being abandoned and Mr. Annunziato pointed out on the map. Mr. Lambert asked if the applicant was familiar with the recommenda- tions of the Technical Review Board on these abandonments and Mr. Schaefer replied that he is not aware of the staff recommendations, but thought 'they were affirmative. Mr. Annunziato agreed they were and read Mr. Cessna's comments and added that most of the questions have been clarified and included in the submission. Mr. Lambert 'made a motion that the abandonment request for Summit Associates, Ltd., for ingress and egress easements and road/drainage rights-of-way be approved subject to staff comments and recommenda- tions~ seconded by Mr. Winter. Motion carried 6-0. Chairman Ryder asked if anyone wished to speak on behalf of the request to abandon the existing plat and received norresponse. He asked if anyone wished to speak in opposition to the abandonment of the exist- ing plat and received no response. He added that this was necessary so the applicant can proceed with the development. Mr. Annunziato read Mr. Clark's comments stating no objections since no utilities are tied into the plat. Mr. Winter made a motion that the abandonment request of Summit Asso- ciates for plat abandonment be approved, seconded by Mr. Lambert. Motion carried 6-0. Chairman Ryder declared a f/ve minute recess and then reconvened the meeting at 10:35 P. M. Rezoning Request - Applicant: Fidelity Federal Savings & Loa~nAssoc. and General Development Enterprises (James Winters, Agent) Location: 1865 S. W. 15th Avenue (Leisureville Center) Legal Description: Portion of Parcel C as shown on Plat of Tenth Section, Palm Beach Leisurevil!e Use: Additional Parking Request: Rezone to C-2 from R-1AA Mr. Annunziato informed the Board that this is located directly north of the access to the smal! shopping center which is currently existing. The site has no frontage on Woolbright Road and could not be developed for commercial purposes except for an.accessory use as parking or a driveway. C-2 would require fro. Stage for development; therefore, the uses are limited. The size of the site is 4,000 to 5,000 square feet and is triangular shaped abutting the canal. He thinks the applicant should givesome indication of the 'use andwhy he applied for it. Several months ago, Mr. Rossi submitted a site plan~for development of this site and it was rejected because the site was not properly ~'zoned. -17- MINUTES PLANNING & ZONING BOARD JULY 25, 1978 Mr. James Winters, 218 Datura Street, attorney representing Fidelity Federal Savings & Loan Association appeared before the Board. He told about Fidelity Federal leasing the northernmost 'store in this shopping center and stated they requested permission now to install a drive-in window with a turn-around area. He explained that the original request had been amended with an additional 20 ft. being added.to give an additional mow of parking along the egress road. Chairman Ryder referred to the plan :differing in the number of spaces shown and Mr. Winters replied that it was amended to show a larger piece for additional parking. He added that the primary purpose is to give ears egress after driving through the drive-in window. Mr. Annunziato stated that he did not think the site plan is as significant as the rezoning request. The request is to use for a drive-in and additional parking. Mr. Arena referred to the bank leasing the store and asked if the bank owns the piece of property covered by the rezoning request and Mr. Winters replied that it is an easement given to the shopping center and the shopping center has leased it to them. Mr. Arena asked if the shopping center and the parcel were owned by the same individual and Mr. Winters replied negatively and advised that the ground under the shopping center is owned by Mr. Saberson and the shopping center is operated by General Development Enterprises. Mr. Arena questioned if the shopping center changed whether this parcel could be incorporated with the land used as the shopping center and Mr. Annunziato replied this could possibly occur if a unity of title agreementwere provided, but considering the eon- figuration~ it could only be a parking lot. This parcel does not have frontage on the street. Chairman Ryder referred to the plan actually not covering additional parking and stated that parking is a problem there. Mr. Winters in- formed him there would be additional parking not indicated immediately to the east. Mr. Arena explained that he still questioned the application since First Federal is not the owner of the property. Chairman Ryder referred again to the present parking being inadequate and also told about the shopping center not being an .asset to the area. He referred to the general character of the center being offensive to the people in the vicinity and stated he did not want to see this eon- tinue. If thought is given to further rezoning, C-2 is not the ans- wer. He would not-like to see an extension of this because he feels the present use is being abused and adequate parking is not provided which is needed. He then read a letter from Mr. George Winalski re- questing~his application to be denied and telling about the present conditions created by the customers at stores in this center. -18- MINUTES PLANNING g ZONING BOARD JULY 25, 1978 Chairman Ryder then asked if anyone wanted to speak in opposition to this application and the ~ollowing appeared before the Board. Mr. George Winalski, 1603 S.W. 14th Avenue, stated that he has pie- tures of the dumpster at this shopping center and Mr. Lambert-replied that he did not understand whatthe dumpster has to do with this ap- plication. Chairman Ryder agreed that it doesn't, but the request is to extend a use which is being abused. Col. Trauger replied that the bank is not the .Abuser and Mr. Lambert added that this parcel could only be used for parking. Chairman Ryder agreed that this small par- cel does not'have frontage, but it would be extending the C-2 and the entire parcel could be changed in the future. Apparently parking is needed, but this will not help the situation. The il!egalpparking there presently will continue. Mr. Lambert referred to ten parking spaces being shown on Exhibit B submitted with the app!iaation and Mr. Winters submitted another plan. Mms. Kruse also gave one to the members from the folder. Mr. Annunziato stated that these plans were not accurate and~Mr. Winters took both plans. Mr. Winters clarified that the original application covered a 38 ft. parcel with the addi- tion of three parking spaces, but it was amended to add an additional 20 feet to give additional parking. They have a ten year lease on the store and will install the driveway and parking area. Mr. Lambert referred to there being a parking problem and stated that a drivein window wil! not require parking, so the additional parking being installed will help the existing facilities. It cannot be developed in any other way. Mr. George Winalski, 1603 S. W. 14th Avenue, appearedbbefore the Board and stated that the people have to live there day in and day out with the bank, dumpster, seagulls flying around and many other things. He told about people eating their lunch by the canal and throwing their ~ebris into the canal. Col. Trauger asked if the bank generated any of this and Mr. Winalski replied negatively, but the people come from projects nearby where they are working and buy drinks at Cumberland Farms. Mr. Arena questioned how this rezoning would increase this and Mr.. Wina!ski replied that it would add more parking space for people to eat there. Mr. Winter asked if they were paking in the paved area andMr. Winalski replied that they park by Cumberland Farms and to the east of the paved area. Mr. Winter informed him that this would be the bank parking area if approved and would eliminate the people he is talking about. Mr. Winalski contended that the bank should have investigated this site more thoroughly before locating there initially. Mr. Lambert ferred to the possibility of the bank vacating this corner and Mr. Winalski replied that he was worried about the future and another section being built. Chairman Ryder added that three or four units have never been occupied and there is a parking problem. Mr. Winalski showed a picture of the dumpster and told about calling the Board of Health in regards to its condition. Mr. Winter referred to the location of the dumpster and Mr. Winalski informed him it was located by the bank. -19- MINUTES PLANNING $ ZONING BOARD JULY 25, 1978 Mr. Albert Furia, 2089 S.W.' 13th Terrace, representative of the Ad-Hoc Committee of Leisureville appeared before the Board. They are against rezoning R-1AA to C-2. Unfortunately when it~was rezoned to C-2, not too many people were living there. They are afraid if the bank moves out, another store could be built. There must be a stop to this. They didn't have foresight in developing the bank, so letts forget about it. Leisureville is a residential community and they want to keep it that way. Unfor..~unately this piece got-rezOned C-2, but they are against the whole thing. Mr. Arena referred to his comment to forget about it and questioned how this land could be used and Mr. Furia replied that residences could be built. When he purchased his home in 1972, the plan showed residences. There were no C-2 areas shown. It was all R-1AA and supposed to be condominiums. The original PUD showed all residences. They dontt want to see the rest of the R-1AA be made C-2. Mr. Arena referred to this being the proper way to develop this and Mr. Furia replied that it was not proper to start and it was wrong to begin5 the C-2. Chairman Ryder stated that apparently residential wonTt work in this location, but it possibly could be C-1 with a professional plaza. He feels the sollution may be C-1 to the canal. Mr. Furia replied that there are enough stores and shopping centers all around. Mr. Pete Lavina, 1598 S.W. 14th Avenue, appeared before the Board and stated that his house backs on this canal. He told about kids riding speed boats up the canals and stopping to climb the banks to get something to eat at Cumberland Farms. There is also a parking problem for cars at'this center; however, is it necessary to have C-2 for parking? He suggests that possibly a variance be given for parking as long as the bank is there. Mr. Lambert suggested possi- bly C-1 and Mr. Annunziato replied that this would be spot zoning. In this configuration, this parcel can only be used for parking. Also, no use variances are permitted. Mr. Ange!o Siragusa, 14th Avenue, appeared before the Board and stated he would like to make a few comments regarding the responsibility of the City Boards. It is all right to rezone and rezone, but the home owners have to look at what is built opposite the canal. When approv- ing zoning, nothing is said about the beautificatio~ and maintenance of the canal. This C-2 was approved by the Board and it is a condi- tion of blight and it is the responsibility of the Board not to have it extend any further. To allow parking with cars coming in at night causes lights to be shining in their homes. Kids are running up on the banks from the boats. He cannot take it living that way. They look to the Board to protect them to see their way of life continues the way they planned. He is in opposition and requests the Board to decline this application. -20- MINUTES PLANNING L ZONING BOARD JULY 25, 1978 Mr. Lambert referred to there being a remote possibility of being able to add onto this building and Mr. Annunziato replied that he did not think it could be developed for anything other than parking and ex- plained how it-was only a 50 x 50 ft. parcel and side and rea~ set- backs would be required for a building. Mr. Arena stated that according to the papers submitted, this land is being rezoned for General Development Enterprises and not for Fidelity Federal Savings & Loan Association. He does not know what they could do in the future or in the present-with this additional land. He ob- jects to the way the application was submitted. Mr. Winters clarified that the initial approach.was on behalf of Fidelity Federal. They requested a special exception for a driveway and parking lot, but the City Planner and City Attorney would not allow it and said it 'must be rezoned. The original intent was to file on behalf of Fidelity Fed- eral. They lease this building and will be using the driveway. Ac- cording to the City Charter, it states the person who has control must file the application. Fidelity Federal is paying money, not General Development Enterprises, but must-file in their name. It has to be done this way because of the City Charter and the laws dealing with zoning applications. Mr. Winters then added that he sympathizes with everybody about the trash problem, but this is not caused by his client. The bank is kept clean and there will not be any traffic at night. If they are worried about the appearance of the parking area, he is sure the bank officials woUld agree to screen the area. Mr. Joseph Manning, 14th Avenue, appeared before the Board and stated that General Development is not the owner of this property and neither is the bank. He does not see how a lessee can apply for this rezoning. If rezoned, it should be C-1 to protect the property owners and have a hedge to screen it. Another gentleman stated that they realize the property has to be developed and realize it is impossible to stay R-1AA and they want to work with Mr. Rossi~=but the thing they want to stop is the C-2 extension. They believe the bank is very honorable, but don~t-want to see this growing into a potential garbage dump. He feels C-1 will give some protection. He thinks that is the best deal. C-2 will completely destroy the whole place. Chairman Ryder referred back to his original suggestion to zone the whole piece C-1 to the canal since it-would not be practical to spot zone this particular parcel. Mr. Lambert explained how with approving this one piece for C-1 may be giving an indication that C-1 would be approved for the rest of the property and he thinks it is a compromise to go to C-!. They discussed further the advisability of this being C-!. MINUTES PLANNING & ZONING BOARD JULY 25, 1978 Mr. Lambert moved that the Planning & Zoning Board recommend to the City Council that-the application be approved from Fidelity Federal Savings & Loan Association and General Development Enterprises for rezoning from R-1AA to C-1. Mr. Winter seconded the motion. Under discussion, Mr. Winters asked if C-1 allowed a parking lot and Mr. Annunziato replied affirmatively. Mr. Arena requested that Fidelity Federal's namebe taken out and Mr. Lambe~t replied that they do have vested interest in this property with having a l0 year lease. There was further discussion about the applicant's interest and Mr. Arena stated that hedid not think Fi~lity Federal was the applicant. Mr. Jameson referred to there being reference to vegetation being planted and asked if this request could be included and Mr. Lambert replied that this would be required during the site plan review process. As requested, Mrs. Kruse then took ~.a roll eall vote on the motionas Mr. Arena Mr. Winter Mr. Lambert Mr. Jameson Col. Trauger Mr. Ryder follows: - No - Yes Yes - Yes - Yes - Yes, but added that he would prefer to consider the suggestion he made about rezoning the entire remaining area, but will go along with this because it may be the beginning for the rest of the area going to C-1. Motion carried 5-1. Mr. Arena clarified that his vote is not against C-1 or the parking lot, but against this application because he does not think it is proper. Site Plan Approval Applicant: Jim L. Morgan Location: Railroad Avenue between N.E. 4th Ave. & N.E. 5th Ave. Legal Description: Lots 51 and 52, Arden Park Project Description: Storage Building Mr. Annunziato informed the Board that this is zoned M-1 .on Railroad Avenue. It is for a storage building as shown on the plans. He then read the staff comments. The City Engineer noted the paving require- ment of 6" rock and l" asphaltic concrete for the parking lot. Public Works referred to no garbage dumpsters being addressed and garbage collection is to be coordinated with the Sanitation Superintendent. His comment ~is from the physical configuration of the parking~ the lot should be turned to run parallel with the building. He explained how with turning the parking lot, there would be adequate 90 degree park- ing. The staf£ recommendation is to approve ~ubject to comments. -22- MINUTES PLANNING & ZONING BOARD JULY 25~ 1978 Mr. Jim Morgan~ 1042 S.W. 23rd Avenue, appearedbbefore the Board and informed them this would be used for storage and truck repairs. Chairman Ryder asked if he was aware of the recommended change garding parking and Mr. Morgan replied there would be no problem and he agrees it will be better. Mm. Arena made a motion that the Planning $ Zoning Board recommend approval of the Jim L. Morgan site plan subject to staff recommenda- tions, seconded by Mr. Jameson. Motion carried 6-0. Applicant: Golf Course Lots, Inc. (Tom Erling) Location: North Federal Highway~ north of Boat Ramp Park Pmojeet Description: 43 Townhouses Project (Watersedqe) Chairman Ryder referred .to this being the Goldberg property and Mr. Annunziato informed the Board that it is located north and adjacent to the boat ramp park. The application is for 43 townhouse units plus tennis court on Lake Worth and U. S. 1. The police have noted there will be no access to the site for south bound traffic and no U turns are permitted. The Building Department noted that the survey must show the rear propertylines, rear setbacks to be shown,on the final plans. He pointed out how the property projected into Lake Worth. The Engineering Department has noted that drainage plans and paving plans with elevations must be submitted; The private road is to be designed to City standards~ and subject to an easement for City maintained utilities. The Public Works Department has noted that the easternmost dumpster location is to be changed as noted on the plan. The site is to be platted. The Recreation Dept. has noted that .33 acreage equivalent should be submitted in a dollar contri- bution at the time of platting. The staff comments are that the plan be approved subject-to the listed items. Mr. Winter questioned the density and Mr. Annunziato informed him that it is 10.8 units per acre. Mr. Thomas J. Erling, 1648 Catherine Drive, Delray Beach, appeared before the Board. He stated that he did not know anything ab.out the park recommendation and Mm. Annunziato informed him that this was a requirement of the~subdivision regulation and explained that-when it is platted~ the ground or a dollar equivalent should be provided for recreation facilities. This turns out to be the dedication of .33 acre or a dollar equivalent. Mr. Erling questioned the dollar valuation and Mr. Annunziato suggested that possibly he voluntarily seek appraisals on the land. Mr. Lambert referred to the rear yard setbacks and Mr. Erling replied that they-were pencilled in by the architect and will be shown on the building layout plan. He told about the architect-checking with the Corps of Engineers. Mr. Lambert clarified that this will be submitted again in the platting stage and Mr. Annunziato agreed and added that the building locations must be described. -23- MINUTES PLANNING & ZONING BOARD JULY 25, 1978 Mr. Winter referred to lighting and Mr. Erling told about meeting with the architect this afternoon and discussing lights for the street, pool area and parking lot. Col. Trauger referred to the .33 acres for recreation and questioned whatcould be done with that and Mr. Annunziato replied that it could be turned into a do33ar equivalent and this is the recommendation, but this will be determined at the time of platting. Mr. Erling questioned the reference to no U turn being allowed and Mr. Annunziato replied that no U turns are permitted on U. S. !. Mr. Winter referred to cuts in the highway and Mr. Annunziato re- plied that the only way to get cuts on State highways is to have authorization from the State~ however, considering the proximity of the next median cut here~ it would not be allowed. Mr. Lambert asked if itwas a private road going into the boat-ramp and Mr. Annunziato replied that he did not know and Mr. Erling added that he would ~eheckinto this. They discussed further the access to this project. Mr. Winter made a motion that the application of Golf Course Lots, Inc., North Federal Highway, north'of Boat Ramp Park, legal descrip- tion as noted~ for 43 townhouses with the project name "Watersedge" be approved based on staff recommendations and also street lighting be provided and that it be platted, seconded by Mr. Lambert. Motion ca,tied 6-0. ADJOURRNENT Mr. Arena made a motion to adjourn, seconded by Mr. Winter. Motion carried 6-0 and the meeting was properly adjourned at 12:05 A. M. Respectfully submitted, Suzanne M, Kruse Recording Secretary (Pour Tapes) -24- MEMORANDUM TO Carmen Annunziato city Planner Perry A. Cessna Director of utilities DATE July 21, 1978 Golf & Racquet Club; Summit Associates, Ltd. A review of the overall concept of this development as proposed indicates that it will basically confor~ to our desires. There are three major points that will h~ve to be decided when more design detail i's available after Planning and Zoning have approved the general concept. These three ifems are: The size of one leg of the looped line through the property. Presently, we are talking about a 16" versus their proposal -of a 12" line. It is my understanding that the 16" line was based upon several factors, including the fact that the orig- inal property would allow 6,900 living units. The applicant is asking for 3,900 units, which may change our needs for this loop from Congress Avenue extending westward through the prop- erty for possible future link through the property to the west to Military Trail. Sizing difference between their requirements and our ultimate requirements may require the City's participa- tion in this difference in cost between the -two sizes. e The second item is at the southwestern portion of their property, where the loop extends westward to the farthest point. The city should have the developer install a tee valve and line to the west to the western canal for future connection westward, since this line would be strictly for the city's convenience, it is possible that the city would be required to pay for this portion at such time as it was put in. The third item is the tie-in to the existing 8" line on the east side of Congress Avenue at their south entranceway. Hardy-Cross analysis may indicate that the system within the development re- quire that an additional line on the west side of Congress be run northward to the north exit to tie onto the existing 16" line. It should be noted that the commercial property is not included in this zoning request; but, this also may affect the sizing and Carmen Annunziato City t~anner Re: Golf & Racquet Club; Summit & Associates, Ltd. July 21, 1978 Page 2 timing of installation of the same line on the west side of Congress. The above three items have been discussed with the developer, so that they are cognizant of these points. At a time when more de- tails are available and we can be more definitive, it may require Council action to approve the City's participation in any and all of the above three items, if circumstances and engineering analysis so indicate. .~ PAC:Br cc: Frank Kohl, city Mgr. Central File Pe~ry A~. essna Director of Utilities AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: TIME: PLACE: July 25th, 1978 7:30 P.M. Council Chambers City Hall Acknowledgement of Members and Visitors. 2. Reading and Approving of Minutes. 3. Announcements. ~ 4. Communications-. 5. Old Business: 6. New Business: A. Public Hearings.: REZONING REQUEST Applicant: Summit Associates, Ltd., (John Flanigan, Agent) Location: West side of Congress Avenue, South of Lake Worth Drainage District Lateral Canal No. 28, North of Lake Worth Drainage District Lateral Canal No. 30, and East of the North-South line of Barwick Rd. Legal Description: See attached. Use: Maximum of 3,996 dwelling unt-is which may be any combination of single-family dwellings and/or two- family dwellings' or duplexes and/or multiple family dwellings, townhouses, garden apartments and cluster housing together with accessory recreational facili- ties including clubhouses, community buildings, pools and tennis courts; and maximum of three 18 hole golf courses together with maintenance and other accessory facilities; and club, recreation and lodge area con- taining: up to 24 tennis courts; swimming pools; a clubhouse facility including dining facilities, cocktail lounges, kitchen facilities, offices, locker rooms, proshop, cart and bag Storage, cardrooms, lobby, exercise rooms and maintenance facilities; and a maximum of 60 units which may be used either as rental units or as residential dwelling units. Request: Rezone to PLANNED UNIT DEVELOPMENT (PUD)with LUI of 3.9 from R-3 and C-3 ~B~ANDONMENT REQUEST Applicant: Summit Associates, Ltd., (~ohn Flanigan, Agent) Location: See attached map. Legal Description: See attached. Request: Ingress and egress easements and Road/drainage rights-of-way Page 2 Planning And Zoing Agenda July 25th, 1978 ABANDONMENT REQUEST Applicant: Summit Associates, Ltd., (John Flanigan, Agent) Location: See attached map. Legal Description: See attached. Request: Plat Abandonment REZONING REQUEST Applicant: Fidelity Federal Savings & Loan Association and General Development Enterprises.(James Winters, Agent) Location: 1865 s.w.. 15th Avenue (Leisurevilte Center) Legal Description: Portion of Parcel "C" as shown on Plat of Tenth Section Palm Beach Leisureville Use: Additiona~ Parking Request: Rezone to C-2 from R-1AA B. Site Plan Approval: Applicant: Jim L. Morgan Location: Railroad Avenue, between N.E. 4th Avenue and N.E. 5th Ave. Legal Description: Lots 51 and 52, Arden Park Project Description: Storage Building Applicant: Golf Course Lots, Inc. (Tom Erling) Location: North Federal Highway, north of Boat Ramp Park Legal Description: See attached Project Description: 43 Townhouses Project name: WATERSEDGE