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Minutes 06-27-78MINUTES OF ~I4E REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 27, 1978 PRESENT Simon Ryder, Chairman Ronald Arena Richard Lambert Garry Winter Carmen Annunziato, City Planner ABSENT Marilyn Huckle (Excused) John Jameson (Excused) Col. Walter M. Trauger, Vice Chairman Chairman Ryder called the meeting to order at 7:55 P. M. He intro- -duced the members of the Board, City Planner and RecordiBg Secretary. He announced that Mrs. Huckle and Mr. Jameson had requested to be excused from this meeting. He acknowledged the presence in the audience of Vice Mayor Ed Harmening, Councilman Joe DeMarco~ Mayor Emily Jackson and Councilman Dave Roberts. MINUTES OF JUNE 13, 1978 Mr. Winter moved to accept the minutes of the meeting of June 13, seconded by Mr. Lambert. Motion carried 4-0. ANNOUNCEMENTS Continuing the established practice, Chairman Ryder announced that he would indicate the disposition by the Council of matters referred to the Council by this Board at the previous meeting. There was an abandonment request for a 20 ft. alley parallel to the FEC Railroad which was recommended for approval by the Board, then tabled by the Council several times and at the last meeting, it was denied. There was also a similar request for a 10 ft. alley parallel to the rail- road between 6th and 9th Avenues which received the Board's endorse- ment, but was also denied by the Council by a vote of 5-0. Chairman Ryder referred to ordinances and advised that the amended ordinance relative to antenna heights was read on second reading and adopted by the Council, which appeared to be to the great 'sat- is£action of the Council. The other ordinance with regard to buffer walls separating commercial and residential districts was adopted by the Council 5-0. Also, the ordinance rezoning the Jarvis pro- petty was adopted 5-0. Chairman Ryder re£ermed to the site development plans and advised that the Council approved all thmee applications which were en- dorsed by this 'Board: parking for Tom Gustafson, thenmedica~/dental office building for Dr. Skinner, and the shopping center east and south of Li~dsley Lumber. MINUTES PLANNING $ ZONING BOARD PAGE TWO JUNE 27, 1978 COMMUNICATIONS Mr. Lambert stated that Councilman Richard Caldwell gave him a copy of a memo from the City Attorney to the City Council, which he would like to share with the Planning & Zoning Board members. Apparently the City Attorney is recommending that the City Council remove site plan approval from the Planning & Zoning Board and City Council on developments of less than one acre~ multiple family and any commer- cial under two acres. He suggests discussing this after our regular meeting and requested the Council members present to stay for this discussion. Chairman Ryder agreed. OLD BUSINESS Site Plan Approval Applicant: Village Royale on the Green (Irving Gross) Location: 2600 N.E. 1st Court Legal Description: Acreage Project Description: 2 Story Recreation Building Chairman Ryder referred to this being tabled at ~several meetings and asked if there had been further information received. Mr. Annunziato informed the Board that he has had no correspondence with the applicants since the last meeting add recommends it re- main on the table per the applicantTs request. NEW BUSINESS Public Hearing Rezoning Request - Applicant: Charles L. $ Linda L. Leemon, III Location: 470 N.W. 2nd Avenue Legal Description: Lots 6 thru 10 inclusive, Block 71; Lots 5, 6, 7, less 1-95 right-of-way, Block 72; Lots 1, 2, 3, 31, 32, less 1-95 right-of-way, and Lots 33, ~4, 35, 36, Block 73; Beverly Hills Addition No. 3. Also South 130 feet of Parcel B, more particularly described as: Commencing at a point 344 ft. West of the Northeast corner of that tract of land described as the North half of Lot 5, of the subdivision of the West half of Section 28, Township 45 South, Range 43 East, running thence East 50 ft.; thence South 330 ft.; thence West 50 ft.; thence North 330 ft.; to the point of beginning, less road rights-of-way. Use: Construction of H61iday Inn Type Motel Request: Rezone from R-iA to C-3 Applicant: Charles L. & Linda L. Leemon, III Location: 470 N.W. 2nd Avenue MINUTES PLANNING & ZONING BOARD PAGE THREE JUNE 27, 1978 Legal Description: Lots 1 thru 5 inclusive, less road right- of-way, Block 7!, Beverly Hills Addition No. 3 and Parcel A: Com- mencing 244 ft. West~of the Northeast corner of the North half of Lot 5, thence running South 165 ft., thence West 50 ft., thence North 165 ft., thence East 50 ft. to point of beginning, of the subdivision of the West half of Section 28, Township 45 South, Range 43 East, less road rights-of-way. AND Parcel B as described above less the South 130 ft. ALSO the West 110 ft. of the East 244 ft. of the North half of Lot S, Section 28, Township 45 South, Range 4S East, less road rights-of-way. Use: Construction of Holiday Inn Type Motel Request: Rezone from C-2 to C-3 Chairman Ryder announced that these applications have been duly advertised and this involves the pzoperty at the Southeast corner of the intersection of 1-95 and 2nd Avenue opposite Galamy School. The frontage is zoned C-2 and it is requested to be rezoned to C-3. Just south of the existing C-2 frontage~ it is R-iA and the request is to rezone it to C-3. The application states it is for the con- struction of a Holiday Inn Type Motel. Mr. Lambert requested to be excused from participating or voting on this application since he is associated with the real estate agency from which the applicant purchased this property. He will not be voting on this. Mr. Annunziato stated that an application similar to this was sub- .mitred to the Board several months ago and it was withdrawn based on comments concerDing access to the site. Several changes have been made in regard to the property frontage on 2nd Avenue which should eliminate the access problem. He believes the applicant is present to di.'scuss his position. Mr. Chuck Leemon appeared before the Board and advised that he was not a public speaker, but a hotel operator. He has several Holiday Inns which he is very proud of and wants to come to Boynton Beach and provide the City with the same facility. He did come before the Board in !9Y6 and listened to the comments and recommendations and .at great expense, he acquired additional property and made changes in the plan to conform to the comments and recommendations made. He has some preliminary drawings to show exactly what 'will be built and the manner in which it will be constructed to fit into the property and enhance the whole area. His architect and planner have spen~ many days trying to get the feeling of the eom- munity and have proposed a residential type motel to fit into this community. The architect then showed a rendering of the proposed motel. Chairman Ryder asked if it was to be two stories and Mr.. Leemon informed him it would be four stories, but is designed ~ow to look like a Spanish residence. He then showed a site plan to the members and explained how the buildings would be next to 1-95 with the remainder of the site being heavily landscaped. MINUTES PLANNING L ZONING BOARD PAGE FOUR JUNE 27, 1978 Chairman Ryder referred to the location of the entrance and Mr. Leemon pointed out that it would face the east. He continued with telling about the plans to have meeting rooms, facilities for card parties, local activities, plus brir~g a national name to Boynton Beach whiehwwill be published in t, 800 Holidays Inns throughout 'the ~dountry. Chairman Ryder questioned the need for rezoning and abandoning the portion of 1st Avenue and portion to the south and noted that it was planned for parking. He stated that this poses a problem with utilities being in this location. Also, another concern is putting a few of the lots into the C-3 zone adjacent to lots which are now R-iA. It seems this is a serious situation and he wonders if it would be possible to get the needed parking elsewhere on the site. Mr. Leemon replied that the plans are n~t-final and he is looking for ways to make modifications if there are recommendations. There are areas in Boynton Beach showing their age, wear and tear and some of the housing he purchased does not represent Boynton Beach as a high type facility. He feels this will upgrade 2nd Avenue in that area and enhance the appearance coming off 1-95. Chairman Ryder agreed, but clarified that-he was referring to 1st Avenue and closing it off with three lots going from R-iA to C-3 and the remaining lots being R-iA. He t~nks this would be a drastic transition. However, since it is only indicated for park- lng, possibly something could be done. Mr. Arena asked if these three lots were essential to the plan and Mr. Leemon replied that there was the possibility an adjustment could be made. However, there is a chain link fence along 1-95 and he is talking about landscaping that whole area which would improve it. He is very interested in the area and wants it to be a beautiful garden-like area. Mr. Arena asked why it-stated "Holiday Inn Type Motel~' on the appli- cation, and Mr. Leemon replied that he had hoped he could reply that he has the Holiday Inn franchise. His application has been accepted and ver~ally approved, but he has not received the written franchise yet. Mr. Arena referred to the possibility of not re- ceiving the Holiday Inn franchise and asked what he foresees for the property and Mr. Leemon replied that he owns other hotels and if it was not a Holiday Inn, it would be the same building as a Ramada Inn or other chain type motel. This is the building and the area he would like to build it in. Chairman Ryder asked if anyone else wished to speak on behalf of this .application and received no response. He asked if anybody wished to speak in favor o£ this application and received no re- sponse. He asked if anybody wished to speak in opposition to this request and the following appeared before the Board. MINUTES PLANNING & ZONING BOARD PAGE FIVE JU/YE 27, 1978 Mm. Tom Woolley, attorney and resident of Boynton Beach, appeared before the Board and advised that he was speaking for the residents in this area. He questioned how a decision could be made this even- ing without a quorum and Chairman Ryder replied that 'four members are present and Mr.. Lambert may abstain from voting, but the Board does have a quor'um with four members. Also, with regard to the pro- cedure, after the Board's consideration, a recommendation is made to the City Council and the City Council makes the final decision. Mr. Woolley clarified that he was referring to three members not being present ~and stated that he wondered if they counted the fourth member present as making up the quorum. Mr. Woolley then stated that he would like to direct his presentation to his clients living in the area. He would like to point out ques- tions needing to be answered. It seems like thee applicant is coming with the impression that we want Holiday Inn to come here. He needs to know whether the Fire Department has been contacted and their comments. This is a 100 room hotel at 1-95 and 2nd Avenue, the main intersection in town. H~e wants to know the feelings from Florida Power g Light Co.~and Southern Bell because he understands all their lines run in that area. There are also sewer and water lines to be considered. There also must be consideration given to local traffic control. Evidently many people will be coming off I-.95 and wan~ to enter this hotel through a little road. He wants to know if ingress and egress have been considered by the County. What is important is that there are other areas in the City where Holiday Inn 'can build. There is an area zoned C-3 on !5th Avenue and another area right down town. This plan is just to put it on 1-95 to get people off 1-95. It has been mentioned that Holiday Inn wants to be in Boynton Beach, but let them go where Boynton Beach decided motels should be. The original m~ster plan was given a lot of thought. It would be a different situation if we were talking about someone being landlocked or having no use for their property. These applicants knew what the property was zoned for when they bought it and how it could be used. The people living nearby bought their property knowing it was zoned R-lA in the area. These people are taxpayers and residents of the townand relied on the master plan. Also not shown on the plan presented is the buffer wall required by ordinance, but this is a four story building which is going to be in peoples' back yards. He looked at the plan and the square footage is not shown very good. They are asking to abandon roads, but cannot build there. He would like to know what has been proposed in square footage for that property not consider- ing any of the road. As they probably realize, 1-95 coming through caused hardships, but the people knew about it years ahead. The only people coming out ahead are those selling property and develop- -in& it. Other motels followed the master plan and built along H. S. 1 where it is zoned properly. He knows this applicant bought addi- tional property and thought they would not have any problems, but he does not think they thought it through completely. They are actually saying: We want to be here, so help us out and worry about the problems later. He thinks they must ~show whatever they do will not have an adverse effect because it will be a major change. MINUTES PLANNING & ZONING BOARD PAGE SIX JUNE 27, 1978 Mr. John Midgette appeared before the Board and stated that he has been living here almost 2'0 years. He surveyed the City quite well before buying property. He bought what was in a retirement zone, a nice section to live and the property was kept in nice condition. Almost two years ago, there were plans for this motel, but the resi- dents in the area did not like ~t. He does not like it personally even if it is only two stories high.. The lights burning would be an interference to the people in the area. They have very nice areas on N.W. 1st Avenue and this would be a menace to the homes. They do not go for the changing of the zoning at all from R-iA to C-S for the lots on N.W. 1st Avenue. Just tell him what canft go in the C-3 zon~ and Mr. Annunziato informed~him that warehouses~and wholesale distribution centers were not allowed and clarified that C-S is a community commercial zone which would accept most retail uses. Mr. Midgette continued with telling about canvassing the area and obtaining petitions in opposition. He asked the gentle- men on the Board if they would like something like this built across the street from them with bright lights, restaurant, etc. and a disturbance caused by the traffic going in and out. Mr. Lambert replied that he would rather have this motel than a shopping center which could be built there now. Also, a restaurant could be built there now. Mr. Midgetterequested the lots zoned R-LA to be kept R-iA. He added that he would present the petition to the City Cousail. Chairman Ryder then announced that 'since there apparently is some question whether we would be operating properly with regard to a quorum, we will carry on with this hea~ing but will not take any action and these applications will be deferred until the next meet- ing on the second Tuesday in July and they will not be before the Council next week. The Board will be happy to hear anybody de.sir- ing to speak. Mr. Lou Samyn, 151 S.W. 25th Avenue, appeared before the Board and asked if the Council would be hearing these applications next week and Chairman Ryder replied negatively. He clarified that by lng this procedure, everybody will be given a chance to go over the input and everything will be recorded in the minutes and given f~r- ther consideration. The Board will take action at the next regular meeting and it will be deferred by the Council also. Mr. Samyn asked if the Board .wanted copies of the petitions and Chairman Ryder replied that he did not think that would be necessary. Mr. Samyn then stated that he has been a licensed builder in Boynton Beach for 21 years. Several years ago, he bought six lots on N.W. 1st Avenue adjacent to the property in question. At the time, this Board was in the process of preparing the master plan. He told about checking the zoning and being assured the R-lA would not be changed to commercial zoning. He has built two houses and plans to build three more. How can he tell the people they will have to face a 45 ft. building in f-~ont of them? Also, what about the residents who have been here for 2'0 years? He has to go along with the people in the area. He does not think if the application is denied a MINUTES PLANNING & ZONING BOARD PAGE SEVEN JUNE 27, 1978 hardship will be put ~on Mr. Leemon. Itiis valuable property zoned C-2 and also R-iA. There are other properties which have been re- zoned C-S and even larger than this. Is there even two acres here? He believes the Jarvis property has eight acres. He certainly hopes the Board members give this a lot of consideration. If they go for the rezoning, a lot of hardship will be created. He implores the Boamd to really consider this. Jayne Stroshein, 646 N.E. 7th Avenue, appeared before the Board and stated that she is associated with Century 21 and sells real estate. She has ~old resales in this area. She would like to see additional commercial properties in the City and would like to see a motel, but does not think 'this should be rezoned to C-3. There are other areas on 15th Avenue and U.S. ! properly zoned. She is against rezoning R-lA to C-3, especially in this area. Mr. Earle Waters, 416 N.W. 1st Avenue, appeared before the Board and stated that he moved here in 1958 when N.W. 1st Avenue was a dirt road. He submitted the petition for the City to pave the road with permission from the owners they would pay to have it paved. He was on the Parks & Recreation Board when we got the bond issue to build two recreation buildings. He taught golf for the City free. He has offered his services many times since then. He thinks the City owes him a thing or two. When people show a two story building with 1intentions to build a four story building, he thinks they are trying to pull the wool over someonets eyes. He appreciates the work the Planning & Zoning Board has been doing, but this should hot be rezoned to commercial. Mr. Arnold Stroshein, 710 N.E. 7th Street, appeared be~6re the Board and stated approximately eight months ago, he reviewed the City's zoning and noted where motels and condominiums could be built. He told about finding appropriately zoned property for a motel on South Federal Highway, but-was told by the planner that it prohably would not be a good site nor good planning for a motel at this location. He was still interested in building a motel in Boynton Beach and contacted Sheraton, Ramada, and Holiday Inn and had their represen- tatives here. He purchased a site east of the shopping center on 2nd Avenue where the new bridge is planued and there is no develop- ment and it is zoned properly being C-4. This is the downtown area of the City. In good faith, he spent a great deal of money buying this parcel of land. His plans are in the architectumal stages and they ~are not having a race to see who is going to be the first to get ~a motel in Boynton Beach. There is no doubt that good acaomm~ dations are needed. He explained how Stroshein Apartments have been accommodating people in Boynton Beach since 1945 but not on a motel basis. He feels these residents should not be disturbed because we do have the proper places which have been already zoned for motels and commercial enterprises which are adjacent, surrounded, and backed up to C-2, C-3 and C-t .zones available. He feels we should use these first. He has submitted a rezoning request in the past, MINUTES PLANNING & ZONING BOARD PAGE EIGHT JUNE 27, 1978 but there are times when it is for the betterment of the community. He feels the presentlyrgperly zoned properties should be used first. Chairman Ryder ascertained there were no further speakers from the audience and opened the discussion to the Board members. Mr. Arena referred to the question of having a quorum and stated that as he understands Roberts Rules of Order, we need a quorum to call the meeting to order. Once the meeting is called to order, he does not see where aqquomum is needed to vote on ahything. Chairman Ryder replied that apparently this is debatable. This is a serious matter ~and he is not pleased that three of the members are not present. He would like to hear from the absent members and have them take part. Since there is a question, he thinks it is in the best interest of everybody to give the members more time to get '~cquainted with this. The applicant and residents have spoken and now we will have additional!tim~:~to~consider this. When it is forwarded to the Council, it will be with a recommenda- tion f~om the Board as a whole. He thinks we should defer the action on the requests for rezoning and abandonment since they are directly related. Mr. Annunziato agreed and suggested continuing these hearings at the next regularly scheduled Planning & Zoning Board meeting. Mr. Midgette questioned how the residents would be notified about there being another meeting and Mr. Winter replied that everything said has been recomded in the minutes, so it will not be necessary to be present at the next meeting. Chairman Ryder announced that these hearings would be continued at the July 11 meeting of the Planning $ Zoning Board. He thanked the people for coming and suggested if possible that they attend the July 11 meeting. Site Plan Approval Applicant: Tropical Acres Restaurant, Inc,. (Caeser Mauti, Agent) Location: 2320 So. Federal Highway Legal Description: Acreage Proj'ect Description: Extend 0£fiee and Install Mansard Roof M~ Annunziato referred to the site plan and stated that as indi- cated on the agenda, this site plan constitutes minor modifications to the Tropical Acres Restaurant to include expansion of the office and the installation of a mansard roof which is primarily an archi- tectura! feature. The staff has reviewed the plan-and there are no comments. The recommendation is to appmove it as submitted. Chairman Ryder asked if anybody present wished to address the Board on this matter and Mr. Caeser Mauti appeared before the Board. He advised that there was one additional item and referred to the arrow on the plan on the front end of the building under the existing porch and explained that this would be a vestibule and the decorative block would be removed and a solid masonry wall installed. Mr. Winter clarified that the doors would be brought north 10 to 20 feet and Mr. Mauti agreed. MINUTES PLANNING & ZONING BOARD PAGE NINE JUNE 27, 1978 Mr. Mauti added that no additional parking would be needed and the mansard roof was just a faeelifting for the building. Mr. Winter made a motion that Tropical Acres Restaurant's office extension, mansard roof and vestibule be approved, seconded by Mr. Lambert. Motion carried 4-0. Applicant: Scotts Restaurant Co., Ltd. Location: S.E. 15th Avenue (Between Farm Stores and Gulf Service Station) Legal Description: Lots 14 and 15, Block Il, Central Park Project Description: Take Out Restaurant Mr. Annunziato referred to there being a plan recommended by the Board and approved by the Council previously for these two lots for an office building and advised that this is a replacement plan for Scotts Take-Out-Chicken. He referred to the staff comments being few and read that the Building Dept. felt 'the handicapped parking space should be relocated closer to the front entrance. The City Engineer noted that grades and elevations are required for paving and a County permit required for the driveway. The General Ser- vices Dept. noted that the location ~f the dumpster to the rear of the building is inaccessible to the fron~ end loaders in that the truck cannot turn around and it is recommended that two or three parking spaces be marked out-to the west of the dumpster to provide a turning radius for the garbage truck. The parking would still meet the ordinance requirement. His comment is there should be no consumption of parking area owing to the definition of a restau- rant in the C-2 zone. Mr. Lambert asked if drive-in restaurants were excluded from the parking requirements and Mr. Annunziato replied that the plan eon- forms to all zoning ordinance criteria and referred to Page 3 showing~t~e~plans for~ the'building with the front 8 to !0 feet being The take-out counter area and the rest being area for pre- paration, offices and storage. Mr. Winter clarified that there were no inside facilities for eating. Mr. Annunziato stated that the staff recommendation is the plan be approved subject to eom- menus. Chairman Ryder asked if anybody wished to speak on behalf of this application and Mr. Charles Richter, Architect, appeared before the Board. He showed a brochure of some of their restaurants. He ad- vised that they concur with the staff recommendations and will abide by the recommendations. He explained that Scotts Restaurant is out of Canada and strictly sells take-out chicken. There are no seats. There are no permanent utensils. There will be approxi- mately 350 square feet of public space and the res~ will be for the preparation and storage of food. Chairman Ryder asked if the archi- tecture of all the buildings was the same and Mr. Richter replied affirmatively. Mr. Lambert questioned the parking requirement and Mr. Annunziato informed him that 350 square feet of retail space would require two MINUTE'S PLANNING & ZONING B©KRD PAGE TEN J~N~D 27, 1978 parking spaces. Mr:. Lambert referred to the square footage of the building and Mr.. Annunziato replied that it was storage amea and he-believes adequate parking is provided. Mr. Winter suggested hay%hq the dumpster straight back and Mr. Annunziato replied that the truck could not'back out onto a five lane highway. Mr. Winter stated he could not see how a vehicle could be turned in the area recommended with eliminating two parking spaces and Mr.. Annunziato pointed out that there would be 49 feet of paving plus the dumpster area. They discussed further the dumpster location and access. Mr. Richter stated that SCotts will abide by any staff recommenda- tions. They will cooperate and modify the building if requested. Mr. Lambert still questioned whether the parking was sufficient and asked what formula was used? He explained how retail sales must be considered. They discussed the retail operation, number of employees and size of building. Mr. Richter clarified that the total square footage of the building would be 1,500 square feet and the parking would be adequate if one space was required for each 200 square feet. Mr. Lambert clarified that this would requireseven plus .employees and Mr. Annunziato replied that it could not be calculated both ways~ He pointed out that there were actually ten parking spaces noted on the plan. Mr. Winter made a motion that the site plan for Scotts Restaurant ohS. E. 15th Avenue between Farm Stores and Gulf Service Station be approved subject to staff recommendations, seconded by Mr. Arena. Motion carried 4-0. Applicant: Inlet Bait and Tackle Shop (Derle Bailey, Agent) Location: 2010 North Federal Highway Legal Description: Portion of Parcel '~AT', Sam Brown Jr's Hypoluxo Subdivision N.W. parcel Project Description: Parking Lot Mr. Annunziato referred to this being an existing building and ad- vised that the applicant wishes to pave the parking lot and drive- way. The only comment is that the parking lot be constructed with 6" of rock and iT' asphaltic concrete. Mr. Lambert asked if this comment'was in ordinance form and Mr. Annunziato replied that it is City standard. Mr. Winter made a motion that the Inlet Bait and Tackle Shop parking lot application be approved subject-to staff recommenda- tions, seconded by Mr. Arena. Motion carried 4-0. Final Plat Approval Sky Lake Subdivision MINUTES PLANNING & ZONING BOARD PAGE ELEVEN JUNE 27, 1978 Applicant: Norman Taplin Location: West of Laurel Hills, East ~of E-4 Canal North of Old Boynton Road, South of Boynton Banal Pmoject Description: Single Family Subdivision R1AA Zoning Phase I 57 Building Lots Chairman Ryder referred to the plans submitted covering the engineer- ing phases, sewers, water, drainage, etc. Mr. Annunziato informed the Board this Phase I, Final Plat, is submitted in conjunction with the old subdivision ordinance since the original plat was sub- mitted under that. There were certain agreements and stipulations agreed upon by the applicant concerning recreation, additional curb cuts, etc. He then read the staff comments. The City Engi- neer listed the cost of improvements totalling $261,150 and recom- mends a performance bond of $261,150. The plans submitted meet the City and State Statute except the space for the Planning $ Zoning Board signature should be provided on the mylar. Mr.. Annunziato then referred to Page 2 of 6 of the sewer plans and advised that the Utility Department recommended the sewer line on the westernmost street end in a manhole as opposed to just ex- tending pipe and blocking. This would mean construction of a man- hole off-site of this plat but on site of the development. Mr. Annunziato referred to Mr. Frederick'~ comments in regards to recreation and pointed out that 'at the time it was approved, two additional lots were recommended to be donated to the homeowners association to comply with the policy of recreation purposes and in addition to the facilities, they be ~qn~proved with a Little League park, tennis courts, etc. These were agreed to and incorporated into the original approval, but the timing was not included. As part of this Phase I, Parcel A has been dedicated on Page 2 of the plat. As represented to him by Mr. Rossi, it is the developerTs position at this point that Parcel A will constitute the initial conformance of the agreement and the facilities to be bonded will be provided as Phase 2 and 3. There were no time tables or matter of performance included in the agreement, but he thinks the appli- cant has provided a strong indication by dedicating the land, but the Board may wish to address this with the applicant. Mr. Rick Rossi appeared before the Board and advised that his engi- neering firm prepared the plat and engineering drawings. Concern- ing the recreation area, it is shown on the plat and the necessary language is included spelling out that Tract A will be owned and maintained by the homeowners association. In the first 57 lots of 193, he thinks that would go a long way in turning over that recreation land ~o the association towards the first installment of recreation needs of people living there. The master plan approval included the physical improvements and these will be included as they continue with the phases. Chairman Ryder referred MINUTES PAGE TWEEVE PLANNING & ZONING BOARD JUNE 27, 1978 to the ~.homeowners association owning and maintaining the park and asked if it ~would be a public park and Mr. Annunziato replied that it 'would be private and referred to the original discussion about this being a maintenance problem for the City because of its size. Chairman Ryder questioned the size and Mr. Rossi informed him that it is a little over two acres. Mr. Rossi added that the homeowners association will also have the responsibility of maintaining the lake system which is included in this plat. Mr. Rossi then referred to the bond recommended of $261,150 and advised that the owner has gotten a bid and he thinks it has been acceptable in the past for the bid to be acceptable to establish surety. Mr. Annunziato replied that he thinks if proof is shown that 'the work can be done for a certain value, it is acceptable surety. Mr.. Annunziato referred to the signature block for the Planning & Zoning Board and Mr.. Rossi '~replied that he just forgot it and it will be provided. Mr. Arena asked if the homeowners association was going to be responsible for Plat A undeveloped as it is right now and the developer will not clear it or anything and Mr. Annunziato clari- fied that as part of the agreement, the developer will provide improvements on the land. His argument is that the recreation dedications do not have to be dedicated at the first plat, but they should be dedicated according to the amount of impact ~on the facility and he explained this by giving comparisons to Sand Hill. At-this point, the applicant is dedicating the land and in Phase 2 and 3, they will build the facilities. Mr. Arena asked if the homeowners association would be assessed for the improvements and Mr. Rossi replied that the recreation parcel in the development plans call for it to be cleared and filled. At that point, the association has a parcel of land which they own and maintain. Assessments will be made for maintaining it 'as well as maintenance o£ the lake. The association will have some obligations from the inception of the project and must assess accordingly. Mr. Arena referred to the association not having the funds to make improve- ments on the land and Mr. Rossi informed him that it was the deve- loper's obligation to make the improvements. The developer will install a baseball diamond, tennis courts, etc~ and this will be done as subsequent plats are approved. The only obligation of the homeowners association is to maintain it after the improvements are made. Mr. Lambert made a motion that the Planning & Zoning Board recom- mend to the City Council approval of Phase I, Final Plat of Sky Lake Subdivision subject to staff comments and recommendations. Mr. Annunziato suggested ~hat the Board decide whether the land is acceptable as the initial responsibility and Mr. Lambert replied that by approving it, it is approving the concept. Mr. Annunziato clarified that improvements would follow in Phase 2 and 3. Mr. Winter 'seconded the motion and the motion carried 4-0. MINUTES PLANNING & ZONING BOARD PAGE THIRTEEN JUNE 27, 1978 Discussion with City Council Members Chairman Ryder referred to the suggestion at the beginning of the meeting to discuss the memo sent by the City Attorney and Mr. Lambert requested Mr. Harmening and Mr. Roberts to joingthe Board members. Mr. Roberts stated that he had not seen the memo and they were not in a position to be discussing it. He thinks the Council should 'have the opportunity to look it over and discuss it then~ selves. ChairmanRyder referred to action being taken at the July 5 meeting regarding site plan review and Mr. Roberts referred to previous discussion of this subject and stated that it was his opinion that the Chairman of the Planning & Zoning Board should be included with the Technical Review Board. Chairman Ryder agreed this was a compromise suggestion; however, the memo presented will be before the Council on July 5 and the Planning $ Zoning Board has not-re- ceived a copy. Mr. Roberts stated he thought it 'was premature to discuss it. Chairman Ryder stated that unless we are given the opportunity as a Board to indicate how we feel, he does not think it would be proper for the Council to move ahead. Mr. Arena stated he did not think we had any purpose discussing the memo. We gave our recommendation to the Council and they made the decision to request a recommendation from Mr. Moore. Mr. Roberts suggested that the Board look the memo over and Mr. Harmening stated he thought it was just being submitted for the CouneilTs recommenda- tion. If it is approved by the Council, then an ordinance will be prepared. Further discussion followed about the action to be taken. Mr. Winter referred to site plan approval being necessary by the Planning L Zoning Board and stated that a good example was Dr. Skinner's building which was approved two weeks ago and approved by the City Council. Based on the recommendation of the Building Official, this medical complex could not be built because it was interpretted to face 26th Avenue. With taking this review away from this Board, Dr. Skinner would have had to appeal to the Board of Appeals. Mr. Lambert replied that this was not a Board ~ Appeals situation and he could only go t6_ethe courts. Mr.. Lambert stated he understood the motion made by the Council instrUcted Mr. Moore to sit downw~ith the discussion from omm meetings, meetings with the Technical Review Board and the depart- ment heads. The recommendation submitted is one man's opinion. With anything under two acres bypassing, it eliminates all site plan approvals. Mr. Robez~cs referred to several items not.being necessary for review and Mr. Lambert agreed, but stated that we recommended that altera- tions and additions be eliminated. Mr. Winter questioned ~h~ would make the determination? Mr. Roberts referred to small items such as the twopplans tonight not requiring the review process. MINUTES PLANNING g ZONING BOARD PAGE FOURTEEN J~NE 27, 1978 Mrs. Lambert stated that if everything was clearly stated in the code books, there wau~d be no need to have recommendations noted on the plans. 90 to 95% of the site plans have recommendations listed. It was an oddity tonight to have two site plans with no recommendations. The items listed are not in the code books and who is going to make a determination on these things? Will it be left up to the Building Official? Somebody must make a final call. There was further discussion about the Procedure. Mr. Lambert then stated that he was n~t here to accommodate the man building a chicken place, but for the general public. If a man has to wait an additional one week for public interests, that-is fine. Why not have the Finance Department'approve the budget? Mr. Roberts referred to other Boards having ideas for these things and Mr.. Lambert-agreed, but 'stated that ~someone must make the decision whether the recommendations hold. Mr. Harmening stated that recom- mendations are just ~reeommendations and have no force of law. Chairman Ryder explained how requirements could be made for the p~blic interest. Mm. Lambert referred to the proposal submitted by Mr. Moore and questioned how it could be legal to make recommendations for under two acres, but not over two acres? Mr. Harmening replied that recommendations are not legally binding. Chairman Ryder stated that the Council approval makes it binding. Mr. Harmening clari- fie~dd that the Building Dept. could hold up a C/O because of not following a recommendation, but the court would issue it in a hurry. Mr. Lambert referred to considering health, welfare and safety and Mr. Harmening replied that it must be in ordinance form or could be considered discriminatory and explained. Mr. Lambert suggested giving the Building Dept., City Planner and Planning & Zoning Board six to eight months to bring the code book up to date and Mr. Harmening replied that it would be hard to do that and most of the recommendations are followed. Chairman Ryder stated that being familiar with the site plans aided in the preparation of the comprehensive land use plan. Mr. Harmening referred to this being brought out because of com- plaints and Mr. Winter replied that the major complaint was that a builder could not get permits from the Building Department-and it had nothing to do with the Planning & Zoning Board. Chairman Ryder explained how it was important for the Board to be dealing with developers and not contractors so agreements could be reached. Mr. Harmening explained how the normal procedure was with an owner having an architect and contractor with them preparing the plans to meet-the requirements. Mr. Winter stated that the recommendation was to take the powers away from the Boards and give to one man. In the same reasoning, the power could be taken away from the City Council and given to the City Manager. MINUTES PLANNING L ZONING BOARD PAGE FIFTEEN JUNE 27, !978 Mr. Harmening stated that most of the staff recommendations do not represent a great deal of money. Mr. Lambert stated that the Techni- cal Review Board is also against this proposed recommendation and some department heads have mentioned that it would be necessary to add staff if the procedure is changed. Mr. Harmening replied that it is not coming to a head yet and Mr. Winter replied that it-will next week. Mr. Harmeming clarified that Mr. Moore has submitted a proposal and explained how the Council could make changes, approve it or reject it~ but an ordinance still must follows Chairman Ryder stated that he thinks it 'was wrong for the Council to tell Mr. Moore to draw up an ordinance and recommendations can continue to be made as no firm guidance was given. Mr. Harmening clarified that Mr. Moore must try to submit a compromise from the comments of the meetings. Chairman Ryder announced that the Board has made their firm recom- mendation. Mr. Lambert then moved to adjourn, seconded by Mr. Winter. Motion carried 4-0 and the meeting was properly adjourned at 10:10 P. M. Respectfully sybmitted, Suzanne M. Kruse Recording Secretary (Two Tap e s ) DATE: TIME: PLACE: A G E N D A PLANNING AND ZONING BOARD Regular Meeting June 27th, 1978 7:30 P.M. Council Chambers City Hall 1. Acknowledgement ofrMembers and Visitors. 2. Reading and Approving of Minutes.' 3. Announcements~ Communications. Old Business:: A. Site Plan. Approval: Applicant: Village Royale on..the Green (Irving Gross) 'Location/ 2600 N.E. 1st Court L~gal Description: acreage Project Description: 2 Story Recreation Building (TABLED) 6. New Business%i A. Public-Hearing: REZONING REQUEST Applicant: Charles L. & Linda L. Leemon, III Location: 470 N.W. 2nd Avenue Legal Description: Lots 6 ~hru 10 inclusive, Block 71; Lots 5, 6, 7, less 1-95 r~ght-of~way, Block 72; Lots 1, 2, 3~ 31, 32, less~I-95 right, of-way, and Lots 33,34, 35, 36, Block 73; BEVERLY HILLS ADDITION NO. 3 ALSO South 130' of Pa.rcel B, more particularly described as: Commencing at a point 344' West of the Northeast corner of that tract of land described as the North half of Lot 5, of the subdivision of the West.half of Section 28, Township 45 South, Range 43 East, running thence East 50'; thence South 330'; thence West 50'; thence North 33~'; ..to the point of beginning, less road rights-of-way. Use: -Constructlon of Holiday Inn Type Motel Request: REZONE from R1A TO C-3 Applicant: Charles L. & Linda L. Leemon, III Location: 470 N.W. 2nd Avenue Legal Description: Lots 1 thru 5 inclusive, less road right-of-way Block 71, BEVERLY HILLS ADDITON NO. 3 AND Parcel A: Commencing 244-' West of the Northeast corner of the North half of Lot 5, thence running South 165', thence West 50', thence North 165', thence East 50' to point of beginning, of the subdivision of %he~-W~s~hatf~of~Section 28, Township 45 South, Range 43 East, less road rights-of-way. AND Parcel B as desCribed above less the South 130' ALSO The West 110' of the East 244' of the North half of Lot 5, Section 28, Township 45 South, Range 43 East, less road rights-of-way Use: Construction of Holiday Inn Type Motel ReqUest: REZONE from C-2 TO C-3 , P~ge~2 Planning and Zoning Board Agenda June 27th, 1978 ABANDONMENT REQUEST Be Applicant: Charles L. & Linda L. Leemon, III Legal D~scription: Abandonment of that portion of N.W. 4th Street' lying between Blocks 71 and 73, BEVERLY HILLS ADDITION NO. 3 bound on the South by N.W. 1st Avenue and on the North by the 1-95 exit ramp to N.W. 2nd Avenue AND Abandonment of that portion of N.W. lst~Avenue lying between Lots 5, 6, 7, Block 72, and Lots 31 and~. 32, Block 73, BEVERLY HILLS ADDITION NO 3, less 1-95 right-of-way Project Description: Request for Abandonment of N.W. 4th Street between SR-804 and N.W. 1st Avenue AND portions of N.W. 1st Avenue lying West of N.W. 4th Street. Site Plan Approval: Applicant: Tropical Acres Restaurant Inc. (Caeser Mauti, Agent) Location: 2320 So. Federal Highway Legal Description: acreage Project Description:- Extend Office and install Mansard Roof Applicant: Scot,s Restaurant Co., Limited Location: S.E. 15th~Avenue (Between Farm Stores and gulf Service Station) Legal Description: Lots 14 and 15, Block 11, Central Park Project Description: Take Out Restaurant Applicant: Inlet Bait and Tackle Shop (Derle Bailey, Agent) Location: 2010 North Federal Highway Legal Description: Portion of Parcel "A", Sam Brown Jr's Hypoluxo Subdivision N.W. parcel Project Description: Parking Lot C. Final Plat Approval: SKY LAKE SUBDIVISION Applicant: Norman Taplin Location: West of Laurel Hills, East of E-4 Canal North of Old Boynton Road, South of Boynton Canal Project Description: Single Family Subdivision R1AA Zoning Phase I 57 Building Lots