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Minutes 09-27-77MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMJBER 27, 1977 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Col. Walter M. Trauger, Vice Chairman Ronald Arena Mrs. Marilyn Huckle Richard Lambert Mrs. Mary Schorr Carmen Annunziato, City Planner ABSENT Garry Winter (Excused) Chairman Ryder called the meeting to order at 7:30 P. M. and introduced the members of the Board, City Planner, and Recording Secretary. He announced that he received word that Mr. Winter is not well; therefore, he is considered excused. M~nutes of September 13, 1977 Chairman Ryder referred to Page 4, third paragraph, and clarified that his question pertained to the distance between the rear of the proposed building and the rear of the existing building. He requested that it be changed to: '~Mm~. Rossi informed him there would be an approximate 110 ft. setback between the new and existing buildings." Col. Trauger made a motion that the minutes of the Regular Meeting of the Planning & Zoning Board of September 13, be approved as amended, seconded by M~o Lambert. Motion car- ried 5~0 with ~s. Schorr abstaining. NEW BUSINESS Public Hearing Abandonment Request - Applicant: Louis F. Preiditsch for Eleanor Preiditsch Legal Description: The south 5 ft. of Lots 12 and ~3, Crestview Subdivision Location: Vicinity of S. E. 4th St. and S. E. 21st Avenue Description: Utility Easement Mr. Annunziato referred to this being a request for the aban- donment of a 5 ft. utility easement mad advised that Mr. Preiditsch has dedicated an additional easement to the power company and wishes to have this abandoned for development of the property. This was circulated to the staff and utility MINUTES PLANNING & ZONING BOARD P~GE ~0 SEPTEM~R 27, 1977 companies and all responded favorably with no conflicts. staff recommendation is to grant the ab~udonmento The Chairman Ryder referred to the location plan distributed to the members showing Lots 10, 11, 12 and 13 and stated that the applicant proposes to develop part of the site and ap- parently because of the proposed development, this easement must be considered for abandonment. It has been noted that the utility companies have no objection and also there is no objection from the City department heads. He then requested the representative for this application to come forward. Mr. Louis Preiditsch~ 800 Canary Walk, Gulfstream, appeared before the Board. He informed the Hoard that the reason for the request for the abandonment was to divide the property for its best use. The entire easement wouldonly serve his property and has no effect on anybody elseo He offered an alternate route to Florida Power & Light Co., which they ac- cepted and a new easement has been redrawn and duly signed. Also~ the phone company and Florida Gas have agreed. Chairman Ryder stated he assumed this was necessitated by a proposal to proceed with development and Mr. Preiditsch ex- plained his plans to develop part with two duplexes. Mm. Lambert asked if there was the possibility when this parcel is resubdi~ided that the easement may be needed and M~. Preiditsch replied: no, there is no need for it and he explained where the easement had been relocated. He ex- plained how the lots were part of an original subdivision in 1955 and how they were divided° Mrs. Huckle referred to the sketch showing that only the southern part of Lot 12 was to be comidered for the aban- doned ease~nent and ~. Preiditsch explained how it ran across Lot 13. Mrs. Huckle clarified that the abandonment would run across Lots 12 and 13 and ~. Preiditsch agreed and added that as long as other easements are granted~ there is no need for this easement. Mms. Huckle asked if the west- erly one was to remain and Mr. Preiditsch replied: yes, as it goes all the way down to the southerly part of Lot 10 and further. Mms. Huckle asked if he owned all the parcels and ~. Preiditsch replied affirmatively. Chairman Ryder asked if he had considered the development of the additional parcel of land and Mm. Preiditsch replied that he was not in a hurry and may not do anything until 1979. Mr. Lambert asked where they were referring to and Mr. Preiditsch replied that they were talking about the re- maining portion of Lots 10~ 11 and 13. Mr. Lambert asked if a Subdivision plan was necessary and Mr. Preiditsch re- plied: no. ~. Lambert referred to the dividing of two or more lots constituting a subdivision and ~..~nnunziato MINUTES PLAhrNING & ZONING BOARD PAGE THREE SEPTEmbER 27, 977 informed him that according to the Subdivision Regulations, five or more lots are required. Mr. Lambert replied that the Zoning Code says two or more lotso Chairman Ryder referred to there being the possibility of a problem in the future with the interior lot. Col. Trauger asked if the abandonment went clear across to Lots ~l and 13 and Chairman Ryder replied that it goes all the way. Mr. Preiditsch clarified that there is an easement now on the southerly part of 'Lot 10 cutting across south and north to Lot Chairman Ryder asked if Mr. Annunziato had any observation to make in regards to the remainder of this tract~and Mr. Annun- ziato referred to the property being zoned R-3 and if it is to be developed for Ra3 purposes, the setback~ would be 40 ft. in the front and rear. There is also adequate room for two duplexes, but access would be a problem. Mr~ Preiditsch pointed out that the frontage for this property was on S. E. 21st Avenue. ~. Annunziato continued that his observations are if it is developed for duplex purposes, access to the western halves of Lots 10 and ~l would have to have an ease- ment provided for access. Chairman Ryder asked if there were any specific plans for development at this time and M~o Preiditsch replied that he was not anxious to develop at this time. He just has plans for the two duplexes~ He referred to previously mentioning that his wife is an invalid and told about difficulties with buying a condominium and explained that these duplexes would be built designed entirely for people in wheelchairs° Chair~ man Ryder clarified that there were no d~finite plans for the remaining tract and there is the possibility that special treatment will be desired if it is developed. F~s. Huckle asked if he owned the two story fourplex and ~. Preiditsch replied that he did and told about plans to build eight of these units, but did not get a response. Chairman Ryder asked if anybody else wished to speak in be- half of this application and received no response. He then asked if anyone wished to spe~ in opposition to this request for abandonment and received no response. Col. Trauger moved to recommend to the City Council the ac- ceptance of the abandonment request of Mr. Louis F. Preiditsch for the south 5 fto of Lots12 and 13, Crestview Subdivision, in the vicinity of S~ E. 4th Street and S~ E. 21st Avenue, less the westerly 5 ft. M~. Lambert seconded the motion. Under discussion, Mr. Annunziato referred to the abandonment encroaching into the north/south easement and after discus- sion, the motion was clarified as stated above with the re- f'erence to the westerly 5 ft. Motion' carried 6~0~ MINUTES PLAMNING & ZONING BOARD PAGE FOUR SEPTEMBER 27, 1977 Site plan Approval Church of God Applicant: Legal Description: Project Description: Rev. Nathaniel Robinson Lots 13 thru 18, Block 2, Palm Beach Country Club Estates Church Building and Parking Area Mr. Annunziato announced there were two things he wanted to point out on this plan. One, there is an ordinance require- ment of one acre of land for a church, but the applicant ap~ plied to the Board of Adjustment in August mud was granted a variance on the lot size. The lot is 35,000 sq. feet. Con- cerning the staff recommendations, the Building Department noted that the bathrooms do not meet the handicapped require- ments. The City Engineer has requeste.d paving and drainage plans, a bond for the improvements, and specs for the parking lot. The Utility Director has requested plansfor the sewer. The staff recommendation is to approve the plan subject to these recommendations. Rev. Nathaniel Robinson, 227 N. E. llth Avenue, appeared be- fore the Board. Chairman Ryder asked if he was familiar with the comments and recommendations made by the Technical Commit- tee and Rev. Robinson replied that he was a~ud they will comply. Chairman Ryder referred specifically to the paving requirement and Rev. Robinson replied that they would comply. Chairman Ryder referred to the sewer extension requirement and ~. ~nnunziato explained how the sewer line would have to be ex- tended approximately 150 feet. Chairman Ryder clarified that this Board is obliged to consider the recommendations made by the Technical Review Boaff'd and he wanted to make it clear that the applicant is in acceptance and Rev. Robinson replied af- firmatively. The members studied the plans. Mr. Lambert asked if everything else was met regarding parking, setbacks, etc., except for the minimum acre requirement and Mr. Annunziato replied: yes. Mrs. Schorr referred to the setbacks and Mr. Annunziato informed her they would be subject to the R-2 setbacks with 25 feet from the streets, 25 ft. in the rear and l0 ft. on the west side; ample setbacks are provided. Col. Trauger referred to the requirements of a pump, filter, etc. for the Baptismal pool and Ms. Annunziato informed him that this would be within the realm of the Building Depart- ment~ Mrs. Huckle referred to N. E. 7th Avenue not being there and Mr. Annunziato informed her that the Engineer recommended that the street be improved and bonded. The applicant must improve MINUTES PLANNING & ZONING BOARD PAGE FIVE SEPTEmbER 27, 1977 the street by their site. ~s. Huckle remarked that it looks like a nice spot and hopefully some of the trees can be saved. She then asked if there would be a steeple and Rev. Robinson replied: nos Mr. Lambert made a motion that the Planning & Zoning Board recommend to the City Council the site plan approval for the Church of God subject to the Technical Review Board's comments and re¢ommendations~ seconded by Mr. Arena~ Motion carried 2. Boynton Auto Glass Applicant: Legal Description: Location: Project Description: James M. Hopkins Lots 148-150, Arden Park Addition 905 N. Railroad Avenue Aluminum Awning Cover for Work Area F~. Annunziato referred to a survey type plan being provided for the Eoard and explained how it was a simple request. It is an aluminum cover for a work area at the southwest corner of the existing building. The staff made no comments after review and approval is recommended. The members reviewed the plan. Mrs. Huckle asked if it now had a roof and Mr~ Annunziato replied: no. Mr. Lambert asked if there were any problems with setbacks and M~o Annunziato replied: no. Chairman Ryder asked if anyone wished to ~peak on behalf of this application. Mr. James Hopkins appeared before the Board and explained that he just wanted to add a work area to get out of the sun. Chairman Ryder referred to the kind of ~usiness and Mr. Hopkins explained that it was automobile repairs. ~. Lambert asked if a hydraulic lift was being installed and Mr. Hopkins replied that there is one already there and also a slab. ~ Lambert asked why the roof part was coming for approval when the slab and lift did not and Mr. Annunziato replied that this was a good question which he was not prepared to answer. Mr. Lambert asked if it changed the matter before them and Mro Annunziato replied that he did not think so; the slab and lift are improvements which do not interfere with the setbacks or parking° Col. Trauger ~ade a motion to recommend to the City Council the approval of the aluminum awning cover for the work area for Boynton Auto Glass, Lots ~48-150, Arden Park Addition, at 905 N. Railroad Avenue, seconded by Mrs. Sch0rr. Under discussion~ ~. Lambert clarified that this was before the Board because it is an addition and ¥~. Annunziato agreed. MINUTES ~A~ING & ZONING BOARD PAGE SIX SEPI~MBER 27, 1977 F~r~ Lambert clarified that anything requiring a building permit must come before this Board and Mr. Annunziato agreed. Mrs° Huckle referred to it being a two story building and Hop,_ins agreed. ~rs. Schorr clarified that this addition would be on Lot 149, but ~. HOP~ns also owns Lots t48 and 150. Motion carried 6-0o S~ Lake Subdivision Applicant: Wantman and Associates for Hy Taplin Legal Description: Acreage Location: West of Laurel Hills, East of E-4 Canal, North of 01d Boynton Road, South of Boynton Canal Project Description: Single Family Subdivision, R-IAA Zoning, 195 Building Lots, recreational area and lake Mr~ Annunziato informed the Board that this was a preliminary review. The plat does conform to the Zoning Code and the recommendation is to approve it subject to the staff recom- mendation~o He referred to the Building Department pointing out that there is need to revise the setbacks on some of the corner lots and he explained~ He then read the list of engi- neeringrequirements noted on the plan. He then read the three recommendations listed by the Utility Director. Chairman Ryder noted that the rights-of-way for the streets were all shown at 50 ft~ and asked if they would be dedicated to the City and Mr. Annunziato replied: yes. Chairman Ryder clarified that access into this development will be by means of public thoroughfares ~nd Mr. Annunziato agreed and pointed out the two means of ingress. Mr. Lambert referred to a 25 ft. right-of-way still being needed for the one corner and Mr. Annunziato agreed. ~Mr. ~nnunziato then continued and explained how he questioned the size and layout of Lot 34. He has also requested the creased right~of-way for No Wo 13th ~venue. M~. Annunziato then told about he and the Recreation Director reviewing the plan for recreational purposes. He then ex- plained the standard policy for figuring the minimum recrea- tion area and advised that it was theirrecommendation that Lots 65 thru 70 be added to the recreation area shown. If this is acceptable to the Board~ they recommend that this site be dedicated to the public. In lieu of adding these lots, they recommend that facilities such as a pool and club- house or hard surfaced area be provided at the recreational MINUTES PLANNING & ZONING BOARD PAGE SEVEN SEPTEMBER 27, 1977 site and be dedicated to the homeowners. cussed with the developer. This may be dis- ~Mo &nnunziato then pointed out that a rightmo£-way was pro- vided from N. W~ 9th Street with the thought of knowing some- time in the fUture a bridge may cross the canal in that loca- tion. Mr. Annunziato informed the Board that the staff recommenda- tion is that this preliminary plat be recommended for appro- val subject to the staff recommendations. Chairman Ryder called upon the representative for ~the appli- cant° Mr. Joel Wantman, 2300 Palm Beach Lake Boulevard, West Palm Beach, appeared before the Board representing Hy Taplin. Chairman Ryder complimented him on the appearance of the plans and added that he was sure there was sound engi- neering behind them. He asked if he was aware of the recom- mendations. M~. Wantman replied that he previously discussed them with Mr. ~nnunziato before the meeting and generally they are in agreement with about all the requirements of easements~ lift stations, additional right-of-way of 25 ft. for 13th Avenue, etco Chairm8.n Ryder asked if they planned to look into the gravity system and Mr. Wantman replied that they definitely will. There is a gravity sewer l~ue on 13th Avenue~ however, that ground elevation is considerably higher than their elevation. Their first investigation did not show they could utilize this system, but they will take a closer look. Chairman Ryder referred to the recreation area and Mr. Wantman replied that they met with the City Planner and according to the City Code, it is five acres per 1,000 people based on 2½ people per unit. They did provide this amount. They feel this is sufficient for this size development. In reference to the comment of adding Lots 65 thru 70, his client would not like to lose these. It is important to maintain the count they ha~e. He does think they would be in a position to provide the hard surfaced area for basketball or shuffle- board within the 2½ acres. Chairman Ryder asked about the clubhouse and pool and .Mr. Annunziato referred to it being written as an alternate, but advised that he thought it should have been "and" and suggests possibly that the Board consider this in their recommendation. Mrs. Huckle asked if Lake Libby could be utilized for swim- ming mud M~. Wantman replied: no, it is not acceptable by the Palm Beach County Health Depsa~tment for swimming, but with stocking it can be used for fishing and does tie into Lake Ida. Also, a swimming pool creates problems with ownership and maintenance. Hard courts and playground areas can be MINUTES Pk~NNING & ZONING BOARD PAGE EIGHT SEPTEmbER 27, 1977 provided without too much problem. With a swimming pool, they must have memberships and can have problems. The builder must think of the future as he will not be there. People buying homes are objectionable to having homeowner's fees of any excess amount. Some people object because they do ~ot swim. They have gotten into this problem constantly. They do not object to providing basketball courts, volleyball, facilities for small children, etc. Mr. Lambert asked if at this point he was sure there would be a homeowners' association and ~. Wantman replied that if the park is dedicated tO the City, there would be no p~pose for a homeowners' association. Ms. Lambert stated that some- body must maintain the facilities if there is no association. M~s. Huckle referred to a clubhouse and Mr. Wantman replied that it would not have the operational costs like a pool and possibly could be provided. ~s. Huckle asked if it met the Subdivision Code without in- cluding Lots 65 th~u70 in the recreational area and Mr. Annunziato replied that it meets the minimum policy based on all types of users, which may be fine for an adult condominium complex. However, this will be an active subdivision with the potential for many children. He does not think the miuimum policy would be workable in a situation like this. There will be a lot of children in this subdivision, but where are they going to go? Chairman Ryder stated that if this minimum area was not adjacent to single homes, it could be used more effec- tively, but the use is limited to some extent because of the proximity of the homes bordering the area. ~s. Huckle questioned the lot sizes ~ud M~. Wantman informed her they were a minimum of 8~000 sq. feet. Col~ Trauger referred to the location of the recreational area and Mr. Wantman explained that it did not include Lots 92 thru 96 or Lots 66 thru 70 and does not include the lake area. Col. Trauger asked if the 2½ acres immediately abutted these lots and Mr. Wantman replied: yes. Ym. Lambert referred to the request for an easement for the City to get to Lake Libby and ~. Wantman replied that this would be given. Mr. Lambert stated that with this easement and the proposed sanitary lift station, it looked like there would be little frontage left for the park. Mr. Wantman in~ formed him that the frontage for the lift station would be about 15 ft. and right now, there is approximately ~O0 to 150 ft. frontage on the street for the park. Also, when a right- of-way is given for easement purposes, it does not mean th~ facilities cannot be used just that they will not build on these facilities. What they will probably do is give a blanket easement to the City to go over the entire park and MINUTES PLANNING & ZONING BOARD PAGE NINE SEPTEMBER 27, 1977 lake. Mr. Lambert questioned the homeowners' association reaction to this and ~. Annunziato explained that the recom- mendation would probably be 20 to 30 ft. for an ingress and egress easement going from the street to Lake Libby and the location would be variable. Mrl Wantman added that the lift station would only have a small top sitting up and the main part of the lift station could be driven across. M~~. Lambert referred to the park area looking small. Mre Want~an explained how there was also the possibility of having a parking area or entranceway in the front~ Mr~ Lambert stated he thought it would be better to make it larger and dedicate it to the City° Col. Trauger questioned the envisions that ~. Annunziato and ~. Fredericks discussed when looking at this property and ~. Annunziato replied that they were thinking of an area for children with playground equipment for ~mall children and open area for older children. Colo Trauger asked if a par~ng area was necessa_~y and Mr. Annunziato replied that they thought this £acility would probably be used by preteens and teens who would walk or use their bicycles. He does not think the site is large enough for a parking area° Mrs~ Huckle asked about protection around the lake for small children. ~. ~rena referred to the six lots in question representing about one acre of land and stated he did not see where this acre was so important. He thinks they would make a b~tter recreation area and does not think these six tots will be extremely marketable. He thinks it would b~ better to in~ clude these six lots than going into a clubhouse, pool~ and homeowners' association~ He tcld about living in an area with a clubhouse and it jUst did not work and with a number of homes, they are just not in agreement. Mr. Wantman agreed that they had this same experience of swimming pools and club.houses not working. The area is 400 ft. x 350 ft. and is a good sized area for most children to play in. ~o Arena stated he thought it would be fine for the children using this area, but he thinks they will be cutting through o%her properties to get there. Kids will not walk around a whale block to get there. He asked if the one acre of land was detrimental to the plan and Mr. Wantman replied that it would be due to their contractural requirements. They have a requirement of a certain number of lots and have fallen short and any further lots eliminated would cause further problems. He also explained how parents with young children would like to be close to the park and he does not feel that Lots 65 thru 70 will be hard to sell. Chairman Ryder referred to Boynton Beach comparing unfavor- ably with neighboring cities with regards to acreage of park lands and stated they were trying to fill this need with the MINUTES PLANNING & ZONING BOARD PAGE TEN SEPTEMBER 27, 1977 subdivision plans. More open area and public park area is needed. He thinks if these lots were eliminated, it would be practical. It would not have a serious impact on the home- owners. That area plus the lake would lend itself to a good open area for use by e~erybody. In that event, the City would maintain it~ There is nothing like this anywhere in the vici- nity. Many people feel strongly-that we do not have enough park area. He hopes as the City developes, we will make some headway in that direction° Mr. Wantman replied that he under- stood his point and agrees parks are necessary~ He then told about the County having basically the same requirements as the City, but in lieu of lands they may have a combination of land and improvements. They are willing to give the land and make the improvements, but find it difficult to eliminate the lots. Since this goes to the City Council, they would like to have the time Before that meeting to consider this recommendation further° F~. Wantman then suggested possibly including only Lots 65 and 66 which would open up much of the park and give a greater frontage and depth~ There would be over 500 ft. of depth from the lake to the street. He suggests this as a compromise instead of losing all the lots~ Mr~ Lambert asked if this would be based on dedicating it to the City and ~. Wantman replied that they had not decided whether to dedicate it or maintain it. They planned to create a facility for the 195 lot su~div, ision and possibly with making it public, it may bring problems to the people living there, but they will re- consider this. Chairman R~yder asked if it would be too small for a public park and Mr. Annunziato replied that anything but adding Lots 65-70 to the recreation area would make it unrea- sonable for the City to accept as a City park. He explained how the maintenance could not be done effectively and there was the possibility of complaints with being in close proxi- mity to homes. Mr. Lambert then referFed to the maintenance of the lake and Mro ~nnunziato informed him that the Subdivision Ordinance requires the owner or assignee to maintain it. Mr. Lambert asked how it would be maintained if there was no homeowners' association and Mr. Wantman replied that if there was not a homeowners' association to take care of it~ they would extend the lots which border around the lake to the centerline of the lake making each person who lives on the lake responsible for the maintenance. N~. Lambert asked what would happen to the recreation area if it was retained and Mr. Wantman explained how a homeowners, association would be necessary. Chairman Ryder referred to this Board making a recommendation to the City Council an~ stated that in the event they are not satisfied with the conditions set forth by this Board, they have the opportunity at the City Council meeting to ask them to reconsider. The consensus seems to be that it would be MINUTES PLANNING & ZONING BOARD PAGE ELEVEN SEPTE~BER 27 ~ 1977 desirable and acceptable for the City to acquLre this as a public park with the understanding that Lots 65-70 are in- cluded in that area. Mrs. Huckle stated she still would like to hear what is re- quired for safety around the lake and Mr. Annunziato informed her that the ordin~uce provides that lakes, canals, and water- ways are the responsibility of the subdivider and~ssignees. It does not provide for a hold harmless agreement~- We are not going to own the lake. Col. Trauger added that this was no different than canals as far as being an attractive nui- sance to children. Mrs. Huck~e referred to swimming pools requiring, fences ~ud Mr~ Annunziato replied that the Board could make this recommendation if they ~sired~ Mrs. Huckle stated that since .it is part~.~o£ the City, we should have some protection° Mr. Lambert asked why the recreation area was placed right next to the lake and Mr~ Wantman explained how people would want to fish and they would be able to sit along theban, banks instead of going into someone's back yard. Col. Trauger clarified that it was the recommendation to dedicate this portion as a public park including Lots ~5 thru 70 or have a clubhouse and swimming pool. He questioned the prime choice of the Recreation Department and Mr. ~ununziato replied that it would be public open areas° He told about talking about areas for children to play touch football, softball, etc. ~ctual play areas are needed. He referred to Golfview Harbour having no place for the children to play. Col. Trauger then stated that from the viewpoint of the deve- loper, all the comments with the exception of this portion on the recreation area are acceptable and ~. ~antman replied that this was absolutely correct. Mr.Arenm then asked exactly what they were willing tc do with regards to the recreation area and M~ Want~an replied that they would be willing to eliminate Lots 65 and 66~ which would give plenty of frontage along the street ~ud open up a 500 ft. depth which is a lot for these purposes. The lots across from 65 thru 70 will realize the mrea is going to be used by children and families will ckose these lots. ~ Lambert remarke~ that he did not think this was unreasonable° Mr. ~rena asked if they would also add Lot 67 if possible and M~ Wantman referred to Lot 65 hanging out and Lot 66 being on the corner, bnt starting with Lot 67 it is a straight row and matches the other lots. He thinks Lots 65 and 66 will create the openness and the frontage required and thinks it is a compromise they could live with. ~o Lambert asked if it would be dedicated to the City and M~. ~rena replied that he did not thi~k the City wanted it. Mr. Annunziato explained how he did not think the City wanted a small park bordered on two sides by private homes in view of the complaints from adjacent neighbors, maintenance, etc. He does not think it MINUTES PLANNING & ZONING B0~&RD PAGE TWELVE SEPTE~ER 27 ~ t 977 would be advisable as once this is built, it will be an active area and noisy. Col. Trauger stated he agreed with Mr. Annun- ziato and thinks the wide area should be opened up to get it out of a boxed in area. He would be reluctant to have it de- dicated to the City as it would become a public recreation area. Chairman Ryder stated that if the six lots were included, a homeowners' association could be eliminated. ~s. Huckle asked if it was a foregone conclusion that if the six lots are given up that the City would accept it and Chairman Ryder replied that it would be part of our recommendation. F~. Wantman referred to being in agreement with everything but the park and requested that a recommendation be given. Chairman Ryder agree~ that a recommendation should be made and suggested that the applicant could submit an alternate to the City Council~ Co1. Trauger made a motion to recommend to the City Council the acceptance of the preliminary plot plan of the Sky Lake Subdivision with the notation that the developer has accepted all the recommendations as listed by the Technical Review Board on the preliminary plot plan drawings and the recrea- tion area shall be dedicated to the City of Boynton Beach including the marked recreation area with the addition of Lots 65 thru 70. M~So Schorr seconded the motion. Under discussion, I~r. Lambert stated that this really didn't give the de~eloper a choice on the recommendation~ Mrs. Huckle asked if the applicant was in agreement with everything and M~. W~atman replied that they were in agreement with all the technical recommendations, but were not in agreement for the recommendation of the park. Mr. Lambert referred to the developer being abl~ to bring this to the Council's atten- tion, but he would rather see the developer not be limited. Mr. Arena referred to the recommendation from the Recreation Director and Mr. Annunziato clarified that the basic conten- tion was facilities or land. Col. Trauger then amended his motion with the addition of: or development of the recreation area with a clubhouse and pool of appropriate sizes~ seconded by Mrs. Schorr. Under discussion, Mr. Wantman referred to the actual size of the area proposed and explained that it was large enough for a football field. Col. Trauger referred to having small re- creation areas and once it is fully developed, it is too late to do anything about it, so he is including Lots 65 thru 70 to give an appropriate recreation area. He them stated that if it wa~ the pleasure of the Board, he would amend his motion in lieu of the land being dedicated to the City, there could be a homeowners' association with a pool and clubhouse if more appropriate. Chairman Ryder replied that he did not think we should make the owner go to a MINUTES PLANNING & ZONING BOARD PAGE THIRTEEN SEPTEMBER 27, 1977 homeowners' association~ Mr. Lambert stated that at least there was a choice with the amendment. Mr. Wantman stated that he must discuss this with other people and would like to leave the door open, so they can make a choice whether to go with a homeowners' association or dedication of the park. 2@. Arena stated he thinks the action we a_~e taking is pri- marily the reason why we have terrible recreation facilities in our town. This will go before the City Council and they will not have the proper time to spend on something like this. The developer has shown a willingness to give up a parcel of land, but he does not think we have gone into with t~em what could be done in connection with switching lots, etco Is there any reason that this must be submitted~to the City Council at the next meeting and Mr. Wantman replied that the project was started a long time ago. Mro Arena referred to this just being pushed along with a recommendation to the Council that we want all that land and stated he feels the applicant could come back to this Board in two weeks with a proposal. M~. Wantman clarified that they were willing to give up Lots 65 and 66 and are willing to give facilities at the site. He explained again how t~ere may be an operational problem with a pool and clubhouse. Also, some projects start on the concept of a pool and then do not have the applications ~or membership necessary. Mrs. Huckle agreed and added that many of these lots would allow the people to have their own pool~ M~. Arena referred to there being the possibility to do. other things a~d stated that with this recommendation, the applicant has two choices to either give up the land or fur- nish a site with a clubhouse and pool. Chairman Ryder replied that he thought the motion was a proper one and if the appli~ cant has ~ better alternate, he can present it to the City Council. Col. Trauger referred to the motion having an op- tion with the addition of the amendment° ~s. Schorr then withdrew her second to the amendment~ Chair- man Ryder referred to being back to the original motion and Col. Trauger clarified that it was approval with all the Technical Review Board's comments with the exception that the recreation area be dedicated to the City with Lots 65 ~hru 70~ A vote was then taken on the motion and it carried 4-2, with Mr.La~bertand Mrs~ Huckle dissenting~ Mr. Lambert clarified that he Voted against but thinks Sky Lake would be a welcome addition, but does not go ~long with the recommen- dation when it comes to a park as it does not give the deve~ loper a reasonable alternative~ Mrs~ Huckle added that this reflected her feeling as well~ At this time, Chairman Ryder declared an intermission and then called the meeting back to order at 9:35 P. M. MINUTES PLANNING & ZONING BOARD PAGE FOURTEEN SEPTEMBER 27, 1977 Discussion of Recreational Vehicle Ordin~uuce Chairman Ryder referred to devoting a good deal of time at the last meeting on discussion of Section 5A3 regarding the parking of vehicles in the side ~yard. Votes were taken at two different occasions which resulted in tied votes° This was then tabled for further consideration. Chairman Ryder then referred to a memo from the City Planner being distributed dated September 15~ 1977, indicating the five different locations in which these vehiles would be allowed to be parked. He then read the ~emo with the five locations: Front yard between street and front building line on hard surface. M~. Lambert corrected "street" to "right-of-way~. Rear yard, but no closer than 5 ft. to the rear property line. Carport 4. Garage 5. Side yard with maintaining a 3 ft. setback from the side property line. Chairman Ryder then referred to a current copy of the proposal being forwarded to the members and Mr. Annunziato clarified that the current one w~ attached to his memo dated Septem- ber 20. Col~ Trauger stated that the paragraph of the summation of the locations was excellent and suggested it being used as a guideline for the Building Department. Chairman Ryder agreed and added that there should also be a letter of transmittal to the Council and this would be helpful to be included. Chairman Ryder then told about Boca Raton having this same problem with the parking of recreational vehicles and advised that a referendum was held and the vote was 2-1 against making any changes at all in the current ordinance. He explained their present regulations and stated that we have gone quite a bit in liberalization and possibly have gone too far. Mr. Arena stated that he thinks the whole Board is in agree- ment with the ordinance as it is written except for one para- graph, Section 5~A3, which resulted in a tied vote at the last meeting. He would like to give his opinion for M~s. Schorr's benefit~ since she was not present at the last meeting. He feels we have too many homes in the City that don't have the ex~ra 3 feet on the side and is only against that one limitation. Mrs~ Schorr replied that she has spoken to Mr. Annunziato about this and also to people who have small boats parked in a 6 ft. side setback and the only thing they could do is junk up the front yard and put in a hard surface, since they want to park their car in the garage. MINUTES PLANNING & ZONING BOARD PAGE FIFTEEN SEPTE~BER 27, 1 977 Chairman Ryder remarked that some people do what they want anyhow and told about comments made in Boca Raton~ Howevers he stresses that there must be regulations and codes so people can live together° Mrs. Schorr added that people have also remarked about y~ds being overgrown ~ud nothing being do~e about it. Chairman Ryder summarized that the Board did reach an impasse on this ~ud some members felt we had gone as far as we could and if the side yard is not wide enough, then the wehicle must be parked somewhere else. Chairman Ryder then referred to Mr. Howell's memo on Septem- ber 15 suggesting that the number of recreational vehicles be limited to one being parked in the front and he requested far- ther discussion on this. Mr. Arena referred to this being discussed at the last meeting and it being suggested that a compromise would be to limit it to one vehicle in the front~ but doing away with the 3 ft. side setback which would enable more to park on the side. Mrs. Huckle read Page 9 of the previous minutes and referred to Chairman Ryder's vote being no and Chairman Ryder clarified that he voted against be- cause it was tied in with the side yard recommendation. He would like to see the number of v~icles restricted in the front yard, but does not agree to eliminating the side set~ back. Mr. Lambert added that he agreed to a limitation of one in the front yard, but thinks the 3 ft. should be e!i- ~nated on the side. Chairman Ryder replied that he did not see why it had to be a either/or situation. Mr. Arena ex- plained how he thought they should be linked together. Col. Trauger stated he did not believe there were m~uy people in Boynton Beach who would have two vehicles parked in the front and two parked on the side. He explained how according to the size of some vehicles, they would have to be parked in the front. Mr. Annunziato told about measuring quite a few boats and explained how it woUld be difficult to park it on the side with having mane'uvering room. They discussed fur- ther the side setbacks and the room necessary to accommodate boats. Mr. Arena made a motion to state that a recreational vehicle, boat and/or boat trailer may be stored in the side or rea~ yard, not within 5 ft. of the rear property line and not pro- jecting beyond the front building line, seconded by Mr. Lambert. Under discussion, Mrs. Schorr clarified that he was eliminating the 3 ft. on the side and Mr. Arena agreed. Mrs. Schorr referred to some areas having a 6 ft. side set- back and Chairman Ryder replied that we didn't have to accom- modate everyone~and referred to ~ther cities' ordinances. M~. Arena replied that he did not think other cities' ordi- nances were relevant and Boynton Beach should not be based on what is going on in other cities. ~. Lambert stated that he would like to see the parking regulated, but not restricted and with the 3 ft. limitation, it would be re- stricted on the side. Col. Trauger referred to a lot of MINUTES PLANNING & ZONING BOARD. PAGE SIXTEEN SEPTEMBER 27, 1977 hedges and fences which would possibly prevent this ps, king and Mr. Arena agreed, but stated he still feels if a hedge is there the person can decide whether to remove it~ He does think most people will park in front of the house, but there are many people in this town that have two and three cars parked on the driveway and the recreational vehicles parked on the side neatly with hedges. With the way it is stated~ it would force them to take if off the side and park in the front. Chairman Ryder stated that we seemed to be concerned with general acceptance. They must keep in mind the vote in Boca Raton. The City Council will have a public hearing. They have heard from the people in favor of opening the re- strictions, but have not heard from the other people and they are around~ He then requested a vote on the motion and the vote was as follows: M~. Arena - Yes M~s. Schorr - Yes Mr. Lambert - Yes M~s~ Huckle = No Col~ Trauger - No Mr. Ryder - No Motion tied 3~3. M~. Arena respectfully asked the other Board members to con~ sider ~. Winter's vote at the last meeting and Chairman Ryder replied this would not be proper° ~ Arena then suggested tabling this again and Chairman Ryder suggested going onto the matter of restricting one vehicle in the front. He also suggests transmitting what we have now to the Council and indicate the differences of opinion and the fact we have not been able to come up with a conclusive vote on this matter. Mr. Arena replied that either Section 3 should be left out or the two sections submitted° Y~. Lambez~t asked if the other Board members would be willing to talk about limiting it to one in the front and dropping the 3 ft. on the side and Mrs. Huckle replied that she was in favor of the side setbacks. Co!. Trauger stated that he would rather see them all in the front~ Chairman Ryder referred to the several meetings held regarding this ordinance and stated this just could not continue week after week. He suggests that they forward it to the City Council and indicate the areas where they were unable to reach agreement° Mr~ Lambert referred to Section 5~7 and whether it should stay as printed with allowing two vehicles to be parked in front in addition to those parked in the garage. Mr. Arena stated he thought they would be in favor of Mr. Howell's suggestion to limit it to one parked in the front if the side MI~TES PLANNING & ZONING BOARD PAGE SE~ENTEEN SEPTEMBER 27, 1977 setbacks were eliminated~ There was further discussion about this section and it was agreed to leave Section 5-A7 as printed with allowing two vehicles to be parked in the front. Mr. Lambert then made a motion that the Planning & Zonir~ Board recommend to the City Council the proposed Recreational Vehicle Ordinance and so state that under Section 5~A3, we are deadlocked on the p~ticular iss~ue pertaining to the 3 ft. side line limitation whether that should be 3 ft. or zero. Col. Trauger seconded the motion. Under discussion, Mrs° Huckle asked if it was necessary to complete the penalties section before making a recommendation and Chairman Ryder replied that the City Attorney will have to put that in the proper form° Mr. Annunziato added that there was a question of whether we can penalize people for not turning in decals and he wilt remove that in the final draft. Mr. Lambert clarified that this section would be completed by the City Attorney. Motion carried 5-1 with Mrs. Huckle dissenting~ Chairman Ryder then asked if a letter of transmittal should be included and ~. Annuuziato replied that he thought a letter should be prspared by the Chairman pointing out the high points and pointing out the deadlocks fair~yo Col. Trauger added that it should also be pointed out that this is a liberalization of the present ordinance. Chairman Ryder suggested that he get together with M~ ~nnunziato and Mr~ lnnunziato replied that he did not think he should be part of the writing, but he could give the letter to his secretary~ Chairman Ryder aske~ when he wanted it and ~nnunziato replied that information must be submitted by noon tomorrow for the City Council agenda~ Col. Trauger referred to Mr~ Annunziato's memo stating it clearly and M~. Lambert stated that he disagreed with the interpreta- tion of the deadlock. M~. Annunziato suggested just point~ ing out that a deadlock exists on the side yard ~etback and N~. Lambert replied that the reasons should be stated for the deadlock. Chairman Ryder explained that he thought it would be appropriate to state the general intent. Mr. Arena re- quested that it not be prejudicial to his point of view and Chairman Ryder suggested that a statement be made by the City Planner~ Mr. Arena referred to the City Planner's memo being prejudicial to his statement ~md Chairman Ryder clarified that the letter would be an introduction to the Council. There was further discussion and then it was agreed that no letter was necessary. ~. Lambert than asked if for clarification purposes would it ~e unreasonable to change the zoning regulations defini~ tion of terms to reflect the proper definition of a subdivi- sion and ~. Annunziato replied that it could be done after the new subdivision regulations are adopted. ~. Lambert asked when this would be and ~. Annunziato replied that the Council accepted thsm at the first meeting of the month and he imagines they are being prepared for public hearing. MINUTES PLAh~NING & ZONING BOARD PAGE EIGHTEEN SEPTEmbER 27, 1977 Chairman Ryder then announced for the benefit of the people in the audience interested in the Recreational Vehicle Ordi- nance that he believed it would be on the agenda for the City Council meeting next Tuesday and they should feel free to attend~ If the Council feels they want to consider it further, they will probably set a public hearing date and at that timer everybody will have an opportunity to speak before the ordinance is approved. He thinks they can gather from what was stated tonight that this Board has given this a lot of thought. Everyone may not agree, but this Board is trying to face up to the fact that many people have recrea- tional vehicles and boats and do have a problem. The Board has tried to provide means to permit them to be parked on the o~er's property under certain limitations. Mr. Arena added that he thinks this will be one of the first times when other cities will follow Boynton Beach~ He thinks it is ~ good ordinance and will work and thinks most of the citizens will be behind it. He thinks it will be about time that other cities follow us. ADJOURNMENT Col. Trauger moved to adjourn, seconded by ~o Lambert. Motion carried 6-0 and the meeting was properly adjourned at ~0:20 Po Mo Respectfully submitted, Suzanne M~ Kruse Recording Secretary (Three Tapes ) AGENDA PLANNING AND ZONING BOARD Regular Meeting' DATE: TIME: PLACE: September 27th, 1977 7:30 P.M. Council Chambers City ~a3tl 1. Acknowledgement of Members and Visitors. 2. Reading and Approving of Minutes. 3. Announcemen%s~ 4. Communications. 5. Old Business: 6. New Business: A. Public Hearing: 1. Abandonment request Applicant: Louis F. Preiditsch for Eleanor Preiditsch Legal Description: The South 5 ft. of Lots 12 and 13, Crestview s/n Location: Vicinity of S.E. 4th Street and S.E. ~ Avenue Description: Utility Easement B. Site Plan Approval: 1. Church of God Applicant: .Rev. Nathaniel Robinson Legal Description: Lots 13 thru 18, Block 2, Palm Beach Country Club Estates Project Description: Church Building and Parking area 2. Boynt~n Auto Glass Applicant: James M. Hopkins Legal Description~ Lots 148-150 Arden Park Addition Location: 905 N. Railroad Avenue Project Description: Aluminum Awning Cover for work area C. Preliminary Plat: 1. Sky Lake Subdivision 'Applicant: Wantman and Associates~for Hy Taplin Legal Description: Acreage Location: West of Laurel Hills, East of E-4 cabal, North of Old Boynton Road, South of Boynton Canal Project Description: Single-Family~Subdivision, R1AA Zoning, 195 Building lots, recreational area an~ lake Planning and Zoning Board Agenda continued De Discussion: 1. Recreational Vehicle Ordinance