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Minutes 04-12-77MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, APRIL 12, 1977 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Col. Walter. M. Trauger, Vice Chairman Mrs. Marilyn Huckle Richard Lambert Mrs. Mary Schorr Garry Winter Carme~ Annunziato, City Planner ABSENT Ronald Arena (Excused) Chairman Ryder welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board, City Planner and Recording Secretary. He announced that Mr. Arena had called him and due to a business matter, he may be delayed and in the event he does not make it, he will be con- sidered excused. He noted that Col. Trauger had not yet ar- rived and added that he had not heard from him. !~nutes of March 22, 1977 Mr. Winter and Mr. Lambert stated they had nothing. Mrs. $chorr referred to Page 7, about three sentences from the bottom, and stated she understood that Florida Power & Light Co. was requesting a 12 ft. easement to be maintained on the eas~ side and asked if it would be the eas~ side of the 20 ft. and Mr. Annunziato clarified that it was the east 12 ft. of the 20 ft. alley. Mrs. Huckle referred to the minutes being perfect, but stated there was one misspelled word on Page 6 and twice on Page 7, which was "remmneration". Mr. Lambert moved that the Minutes of March 22, 1977, Regu- lar Meeting be aacepted as amended, seconded by Mr. Winter. Motion carried 5-0. Announcements Mr. Annunziato announced that at the last meeting, he incor- rectly stated that Mr. Clark was a member of the T. A. C. Mr. Clark is a member of the Technical Coordinating Committee of the West Palm Beach Transit Study. Mr. Lambert clarified that up until this point, we have not had representation on the T. A. C. and Mr. AnRunziato informed him that it has not been formed as yet. OLD BUSINESS MI~TEE PLANNING & ZONING BOARD PAGE TWO APRIL 12, 1977 Site Plans - New Mount Zion Baptist Church 101N. E. 12th Avenue Reginald Harris, Applicant Lots 160-168, Block D, Boynton Hills Sub. Church (Tabl~ Chairman Ryder announced that this matter was tabled. It appeared before this Board on February 8 and at that time, some of the present members were not on the Board. After hearing the application at that meeting, it appeared a var- iance was required because the area of the site was slightly under an acre. There were also some questions about paving, drainage and the Wight of the cross. He then asked Mr. Annunziato if there was anything further to add. Mr. Annunziato stated that as he recalled, the recommenda- tions were reviewed by the Board, but they probably should go over them. The main holdup was¥~whether a variance was received. Since then, he has reviewed the records and a variance was approved for the site. Chairman Ryder questioned the height and Mr. Annunziato re- plied that the height would have to be reviewed by this Board with respect to the stipulations outlined in the Zoning Ordi- nance regarding special exceptions. He then read the limita- tions, exceptions and performance standards listed on Page 14. Chairman Ryder then read the minutes from the previous meet- ing when the site plans were originally reviewed for the benefit of the new members of the Board and clarified that the matter was actually tabled at that time. ~. Winter made a motion to remove this from the table, seconded by Mr. Lambert. Motion carried 5-0. Mr. Reginald Harris appearedbbefore the Board and informed them that approval from the Board of Adjustment had been re- ceived on the lot size. Also, they have met with the Plan- ning Director and Engineering Department concerning paving, drainage and sewer matters. Chairman Ryder asked if it was all shown on the plans now and Mr. Annunziato replied: no, and advised that attthe meeting it was determined the staff would not change their recommendation for the paving of the streets. However, the sewer line would be extended up to a point where it would meet the service of the church and if Council decides to a joint venture, it would be up to the staff to recommend a sewer line to the edge of the paving. Chairman Ryder asked if the City would pay for the exten- sion and Mr. Annunziato replied that possibly they would if it was the wish of the Council from the point where it would no longer service this project. Chairman Ryder referred to it being customary in the event of a plan being approved, the Chairman signs the plam, but MINUTES PLANNING & ZONING BOARD PAGE THREE APRIL 12, 1977 he questions how he can do this if the plan is not up to date and ~. Annmnziato informed him that the recommendations were clear with the streets to be paved and the sewer lines to be extended to the paving. Chairman Ryder then opened the dis- cussion to the Board members. Mr. Lambert asked about the notations and Mr. Annunziato in- formed him that on the second page of the plan, the sewer line is located at the existing manhole. Chairman Ryder added that itccomes to N. W. 2nd Street. M~. Annunziato continued that it would have to be extended to the second driveway coming east on N. W. 8th Avenue. Mr. Lambert clarified that the drawings which the Chairman will sign will be marked and Mr. Annmnziato agreed. Mr. Winter recommended that the 24 hour per ~ay lighting re- quirement be eliminated and the lighting be donfined to the hours of darkness. Mrs. Schorr asked if it was the policy of the City to extend sewer lines and Chairman Ryder replied that he thought it was within the province of the Council to do it. Mrs. Schorr asked if it went by distance and Mr. Annunziatoclarified that the recommendation was that the church extends the sewer line up to the limits to the services it needs. He explained how with being required to pave 8th Avenue, there was a point where it woul~ be of service to other property. Chairman Ryder added they did not want the church to pave the street and subsequently the sewer would have to be extended and the street ripped up. However, this decision must be made by the Council. Mrs. Huckle asked if there was anything from the Board of Adjustment regarding the granting of this variance and ~. Annunziato informed her that he had a copy of the minutes when it was granted and would forward copies to them. Mr. Winter recommended that the height limitation be extended to 31 ft. for the cross. Mrs. Huckle questioned the specific address and Mr. Harris informed her that at this time, he did not know as he just has a legal description. He added that it would he facing 8th Avenue. Chairman Ryder asked if anyone else wished to speak on this matter ~ud received no response. Mr. Lambert made a motion that the Plar~ing & Zoning Board recommend that the City Council approve the site plans for the New Mount Zion Baptist Church subject to the staff com- ments and recommendations with the exception of the 24 hour MI~JTES PLANNING & ZONING BOARD PAGE FOUR APRIL 12, 1977 lighting, which shall be limited to during hours of darkness only, and the 25 ft. height exception. Mr. Annunziato sug- gested that a separate motion be made concerning the height and that they review the performance standards. Mr. Lambert then withdrew his motion. Mr. Annunziato referred to the perform~uce standar~son Page 14A. Mrs. Huckle asked why there was a problem with this height and referred to 45 ft. being allowable for the wind generators in the R-1AA zone~ She understands this is 31 ft. high. Just because the building height in R-lA is 25 ft., it seems like Paragraph F-1 allows 45 ft. for the construc- tion of these extended structures. Chairma~ Ryder replied that they have treated the heights apart from any other appendages. He read from the section regarding the stan- dards. Mrs. Huckle pointed out that the height from the top of the building ~to the top o~ the cross was only 10 ft. Chairman Ryder suggested that the provisos on Page 14A be considered. Mr. Lambert made a metio~ that the Plan~ning & Zoning Board recommend to the City Council the approval of the site plans for the New Mount Zion Baptist Church subject to the staff comments and recommendations with the exception of the out- side lighting for 24 hours and limit the lighting to the hours of darkness only and the Board has reviewed the height exception and noted that it caused no adverse affect on the neighborhood. Mr. Winter seconded the motion. Motion car- ried 5-0. Mrs. Huckle referred to the application listing the church as a conditional use and stated she did not see this in the zoning book as a conditional use and Mr. Annunziato informed her it was not conditional use in the strictest sense of the Zoning Code. NEW BUS I~ Public Hearin~ - Rezening D. M. and M. B. Doxtad and M. N. Jacobs, DDS Rezone from R-lA to C-1 The property located at the rear of 715 N.W. 2nd Avenue, more properly described as follows: Parcel #1 - The south 19.54 feet of the North 469.54 feet of the West quarter (W.~) of Lot 8 of the Subdivision of Section 20, Twp. ~5 ~outh, Range 43 East, Boynton Beach, Florida, according to Plat Book 1, Page 4, Less the East 3 Acres, as described in Deed Book 975, Page 125, Public Records of Palm Beach County MINUTES PLANNING & ZONING BOARD PAGE FIVE APRIL 12, 1 977 Parcel #2 - The South 156 feet of the North 450 feet of the West quarter (W.~) of Lot 8 of the Subdivision of Section 20, Twp. 45 South, Range 43 East, Boynton Beach, Florida, according to Plat Book 1, Page 4, less the East 3 Acres, as described in Deed Book 975, Page 125, Public Records of Palm Beach County Chairman Ryder clarified that there were two parcels involved. This matter came before this Board previously in different f~m and it was denied and apparently the matter was withdrawn. According to the plan, Parcel 1 is a thin sliver which i~di- cates a discrepancy in the north limit of C-1 in that this parcel does properly belong in C-1. Parcel 2 is north of C-1 and lies in a R-lA district. He then called on Mr. Annunziato for further information. Mr. Annunziato informed the Board that the past application went to the City Council and it was withdrawn and has been resubmitted in this form. After reviewing the placement of the zoning lines, he found the zoning line did cut it leaving 20 ft. of Dr. Jacobs' property. He recommended that this also be included in the rezoning application. Parcel 2 is differ- ent than the last rezoning request in that it is a smaller parcel. All the legal requirements have been met. Chairman Ryder announced that a letter had been received authorizing Dr. Jacobs to speak for himself and Mr. & Mrs. Doxtad. At this time, 8:05 P. M., Col. Trauger arrived and Chairman Ryder introduced him. Dr. Jacobs appeared before the Board and Chairman Ryder added that this matter was considered by the Board on Feb- ruary 22. Mrs. Schorr asked if there was an easement on his property of any kin~ and Dr. Jacobs replied that he did not know. Mrs. Hucklerreferred to one survey submitted showing a defi- nite jog in the property line, but this was not shown on the other survey. After studying beth surveys, Mr. ~uu~ziato informed them that the parcel with the jog was not included in this request. Mr. Lambert referred to Parcel 1 and asked if it was neces- sary to have that rezoned and referred to the requirements stating it must go through Planning & Zoning Board approval, which can be done without actual technical change and MINUTES PLANNING & ZONING BOARD PAGE S IX APRIL 12, 1977 Mr. Annunziato agreed this gave him the authority, but he ques- tions it. It is a tech~uicality and by referring it to the Board, there would b~ no question of the result. Mr. Lambert read Paragraph G on Page 12. Mr. Annunziato replied that he believed there was another paragraph pertaining to this. ~s. $chorr stated she had asked about an easement because she thinks there should be an alley because there would not be any way to get to the remaining parcel of land if it is not sold with other land. Chairman Ryder agreed this was t~ue, but added he was not sure if this was a matter of concern for the Board. Chairman Ryder then asked if. there was anybody else desiring to speak in favor of this application. Mr. Dewey Doxtad stated his name and his address as 42t N.W. 7th Court. He informed the Board that they tied in this pro- perty in question with the property at their present address and they do have access to it. Chairman Ryder asked how l~ng he owned t~land where his house and mango grove is located and M~. Doxtad replied: nine years. Chairman Ryder asked if he owned the land prior to when the new homes were built and ~. Doxtad replied: yes, he sold this land for the homes. Chairman Ryder referred to him locking himself in and Mr. Doxtad replied that he wanted to maintain the groves and also as far as easements for utilities, they are on the other side of his line. ~. Lambert stated there could be a problem with landlocking the property to the north and added that he thinks a 20 ft. easement was granted, but that is not enough of an easement for it to be ~eveloped. Mr. Doxtad informed him that he,hoped to se~l this property to the people in front possibl~ so they would have larger back yards or to include in wi~h the sale of their house. Chairman Ryder asked if there was anyone else desiring to spaak in favor of this application. ~s. Lis~ Saranin stated her name and her address as 409 N. W. 7th Court. She informed the Board that she and her husband purchased one of the new homes referred to on the east side of the property and she thinks their opinion should be considered. Originally when Mr. Doxtad wanted to rezone the property, it scared her. However, in talking to M~. Doxtad, he does not see any alternative for the property. She does not see any problem in extending the commercial property back. Chairman Ryder stated she was not ~actually affected by this request as the re, of her house will Be in a R-lA classification. Mrs. $aranin replied that this was opinion and she questions what will happen to this property and will it remain a grove this request is turned down? Chairman Ryder replied that Board did not get into that MINUTES PLANNING & ZONING BOARD PAGE SEVEN APRIL 12, 1977 realm. He pointed out that Parcel 2 backs up to one vacant lot and two homes, but the parcel does not extend to the rear of her property. Mrs. Saranin replied that she was aware of this, but believes it still affects her. She continued that there has been discussion of building houses in the grove and if this request is granted, those~houses could not be Built there. Chairman Ryder replied that this was not true and it is not up to the Board to attempt to conjecture what will happen to the property. Chairman Ryder then asked if anyone else desired to speak in favor of this application and received no response. He then asked if anyone wanted to speak in opposition to this appli- cation. Mr. James Ashley stated his name and his address as 329 N.W. 7th Court. He informed the Board that this property does come into his back yard. It does affect him directly. Per- sonally he is against it for the strip zoning effect it will start in the neighborhood. There is not a~y commercial zoning coming into residential areas in this particular area. Since it does come into his back yard, he is doubly opposed. He would rather see houses. He is not against the people involved, But to having commercial zoning in his back yard. He is op- posed to this request and requests the Board not to allow it Because of creating strip zoning. In reference to the property immediately to the north, he thinks they can foresee the possi- bility that if this is granted to commercial, perhaps in the future commercial zoning will spread in the middle of homes. Chairman Ryder asked if anyone else desired to speak in oppo- sition and received no response. Dr. Jacobs appeared before the Board again and referred to Mr. Ashley's mention of a finger of commercial zoning and pointed out that this would not be an ugly finger as C-1 is a strict commercial zoning for professional offices. A pro- fessional office normally is qui~ter and has less activity than houses. The land in that area which is zoned C-2 is dark and quiet at night while the~ rest of the area has lights on, radios playing, etc. Also, on weekends, it will be quieter than residential and it would look like residential. For his own business purposes, he will keep it neat, trim and attractive. They must keep in mind what type of commer- cial zoning they are talking about and it will not be stores or factories with illuminated signs. Mr. Lambert asked if this property was rezoned, would a con- crete masonry wall be required on the west, north and east ~ides and Mr. Annunziato informed him that a wall was re- quired where any commercial development abutted a residential zone. Mrs. Huckle added that also a 30 ft. side and rea~ yard was required when abutting a residential zone. Chairman MINUTES PLANNING & ZONING BOARD PAGE EIGHT APRIL 12, 1977 Ryder added that the requirement was a 6 ft. high masonry wall. Mr. Ashley stated that such a wall would be ugly. Mr. Lambert asked if there would be enough buildable area left with 30 ft. setbacks required and Mr. Annunziato in- formed him that the setbacks coul~be used for parking. There was further discussion about these requirements of a wall and setbacks. Chairman Ryder announced that the initial request contem- plated intrusion of a sizable parcel into the R-lA area and this has cut it dowm somewhat. However, there~re two new homes w~i~h will be affected. He thinks they have had simi- lar problems previously where a person is aware of certain existing regulations or categories and attempts are made to change it. He thinks it is a serious thing. This particular request constitutes spot zoning. There is a uniform line dividing the~commercial from the residential. This would put a jog in it for one piece of property. He believes this would be creating spot zoning for one individual or purpose. It would not have a~y ~niformity. They must be concerned whether it harms the adjacent property owners. Mr. Doxtad informed him that the property was previously zon~dgcommercial and then rezoned to residential. Mrs. Mildred Doxtad, 421N. W. 7th Court, requested to speak and informed the Board thatFlorida Power & Light Co. owns the west side of their property and plans to build a substation there. Chairma~Ryder agreed that what was contemplated would possibly be less objectionable, but they are talking about a zoning category and it would be commercial and not residential. Mrs. Doxtad continued that they talked to a developer several years ago who wanted to buy this strip, but was not able to get permits to build homes because there was not enough room for streets andilots. Mr. Lambert asked Mr. Annunziato if he had any comments and Mr. Annunziato replied that the argument he raised the last time is that this parcel has not been given all considera- tion for development in its existing zoning. He worked out a potential use of the land for single ~mmily homes. At best, this would be intrusion into a residential zone, but the C-1 zone is so restrictive, he does not know if it would be an adverse situation. He is still not satisfied that every attempt has been made to develop~ the land in its existing zoning. Mrs. Huckle stated she thought they must consider the other uses allowed in the C-1 zone, in case the dental office is not built. She then read the various uses allowed. In re- zoning, it does not mean the dental office will be there and also if it is sold, it could be used for one of these uses. MINUTES PLANNING & ZONING BOARD PAGE NINE APRIL 12, 1977 Mrs. Huckle added that the maximum height is 45 ft., not to exceed four stories. Chairman Ryder agreed it was important to consider this because they are Just considering a change in zoning and cannot solicit guarantees from the applicant what will be built. These possibilities fortthese uses do exist. Mr. Doxtad informed the Board that this is a mnique piece of property. He wants to get rid of it because it is too much work. He asked if he could put in two houses behind the other two and Mr. Annunziato replied that he thought he could build two homes there. Mr. Doxtad continued that he has talked to developers about putting homes in there and was told they could not build homes as it would be too expensive to put in sewers for just the two homes. Mr. Annunziato re- plied that he believed they. were required to hook into the existing sewer if it was within 100 ft. and possibly two homes could be built with septic tanks. Chairman Ryder sug- gested that he discuss this with the Building Department. Mr. Doxtad added that he ~had also offered to ~ell the lots to Mr. Ashley and Mr. think they were in- terested in buying, that he had not re- ceived this offer and Mr. DOxtad stated that he spoke to Mrs. Ashley aboutit. Chairman Ryder suggested they discuss this further on their own. Mr. Winter made a motion that the application for rezoning from R-lA to C-1 on Parcel #2 for Mr. &Mrs. D. M. Doxtad be recommended to the City Council to be de~ed. Mrs. $chorr seconded the motion. Motion carried 5-1, with Mr. Lambert dissenting. Mr. Winter made a motion that the application to rezone Parcel #1 from R-lA to C-1 for Dr. M. N. Jacobs be recommended to the City Council for approval. Mr. Lambert seconded the motion. Motion carried 6-0. S..ite Development Plans Doctor,s Office Building Robert B. Atkins, Sr., Applicant Located on Lot 42, Crestview Sub. at Gulf Road and S. E. 2nd Street Mr. Annunziato informed the Board that these plans were re- viewed by the staff and there were no comments of great im- pomtance. The Engineer required paving grades to be provided at the time permits are pulled. His comment is that walls will be required per ordinance. This is for a conversion of a house to a doctor's office in the C-1 zone. MINUTES PI~NNING & ZONING BOARD PAGE TEN APRIL 12, 1 977 ~s. Schorr asked if this abutted residential and Mr. Annunziato replied: yes, to the rear. He added that his comment was that a wall would be required for the buffer according to the ordi- nance. However, it is his understanding that the applicant has applied to the Board of Adjustment for a variance. He recommends that the plan be approved subject to the recommenda- tions and it can be left open for the applicant to seek redress. It meets alloother zoning requirements. Chairman Ry~er requested that thefforms indicate the subject. location. Mr.. Robert. B. Atkins, Sr., appeared' before the Board.. ~s. Huckle asked if he had made application to the Board of Ad- justment and Mr. Atkins replied: yes and it will be heard on Monday, April 25. Mr. Annunziato clarified that this Board does not have to act on the variance, but he just brought it out because it is an ordinance requirement. As far as he is concerned, the wall is required unless relief is granted by the Board of Adjustment. The members then reviewe~ the plans and ~. Atkins showed them pictures of the property and house. Mrs. Huckle asked if there would be any structural changes and Mr. Atkins in- formed her they were just closing in the carport. Also, they will take out the existing windows and install solar bronze in the front. He thinks ~his will be more attractive. At the present time, this is a split level house, but the split level will be eliminated to accommodate handicapped persons. Everything will be levelled off inside. Chairman Ryder asked if anyone else desired to speak in refer- ence to this application and received no response. Mr. Winter made a motion that this Board recommend to the City Council the approval of the site development plans for Robert B. Atkins, Sr., for a doctor's office located on Lot 42, Crestview Sub., at Gulf Road and S. E. 2nd Street subject to staff com- ments. Mrs. Huckle seconded the motion. Motion carried 6-0. Leisureville Storage Building 2001S. W. 13th Evenue Mr. Norene, Applicant Recreation Area No. 3 Mr. Norene appeared before the Board an~ informed them the w~ng address was listed and the correct address $ 2000 S. W. Congress Blvd. at the R-2 Clubhouse. Mr. Annunziato informe~ the Board that the plan was for a storage building of rather simple construction. It is in a PUB Zone and would be a permitted use as an accessory use to the recreation facility. He added that he had some docu- ments concerning ownership which he would like to make a part MINUTES PLANNING & ZONING BOARD PAGE ELEVEN APRIL 12, 1977 of the record. He then read the attached letter dated Feb- ruary 28, 1977, from Mr. Connie Cicione, Vice President of Boynton West Development Corporation, to Mr. J. J. Ambridge, General Manager of ~Palm Beach Leisureville Community Associa- tion, giving approval for the proposed building. He then read the excerpt from the attached minutes from the Meeting of the Board of Director's of Leisureville approving the plan and bid. He added that both were notarized copies certifying they are true and correct. In addition, Mr. Ambridge has signed am application authorizing N~. Norene as their repre- sentative. Concerning the plan, it is very simple requiring ~ery few inputs from the staff. There are no utilities. The zoning is correct. He recommends approval of this plan. Chairman Ryder asked if anyone desired to speak in favor of this application. Dr. Raymond Davenport stated his name and his address as 102 S. W. 15th Court. He advised that he was in favor of this very much as they have no storage facilities at Leisureville that amount to anything. They need storage. He does not feel the architecture of the building would hurt the area. This size building would afford something they have not had in over seven years. They can use this for storage and also would be ~ place to put the pool equipment in caseoof hurri- canes. He thinks it is most importan2 and if they don't have a building of this size, they have absolutely nothing they can call storage space which amounts to anything. Col. Trauger questioned the general type of storage and Dr. Davenport in- formed the Board that storage was needed for several functions such as arts and crafts, items for bazaars, etc. Chairman Ryder announced that he would lik~ to ellaborate on this. He lives in Leisureville and this matter hits close to home. The first inclination he got of this was when he re- ceived the agenda. Some ~ things he is going to relate to possibly may not be ~ithin the Board's realm of consideration. Leisureville has a Homeowners Association and the bylaws per- mit expenditures up to $5,000 without approval of the home- owners. In looking at the plan, he believes the builder was told they had $5,000 and asked for what they could get. There are beautiful buildings and landscaping in this area and he showed a sketch he drew to the members. He knows the Board does not concern itself with the need or cost, but someone should and who else but the homeowners. The important factor in his consideration is that it is distinctly not in harmony with the exist&ng structures. This is a PUD and the concept is normally a ~ackage. He thinks this is a radical departure from the original concept.. He believes this is wrong from any point of v~ew. It is a flat roof shed with warehouse type construction. In his mind, it is a monstrosity. Inci- cently, the land on which this will be built is not owned by the homeowners, but they pay ta~es on the recreation facilities MINUTES PLANNING & ZONING BOARD PAGE TWELVE APRIL 12, 1977 and the homeowners will have to pay taxes and maintenance on this. He also finds the application is in error. Neither Mr. AmBridge nor Mr. Cicione is the owner. In order to make any changes, they must get approval of the owners and their names are not on the application. He feels the City must make them- selves aware of this, so the City is not responsible for amy action taken later since they do not have approval omf the owners of the property. He feels the manner in which this was done is shabby and slip-shod andwas done without going to the homeowners. He ~eels it is not in harmomy and feels the Board should concern themselves with~ this. Chairman Ryder then asked if anyone was opposed to this appli- cation. Mr. J. L. Cousins appeared before the Board sad advised that he lives in Leisureville and is 100% in agreement with Mr. Ryder. He believes they should get a decent building. He believes the City Planner should examine this and see what they plan to build. He is not opposed to a storage building as it is needed, but they should build a decent building. Chairman Ryder added that Mr. Cousins was an architect by profession. Mr. Carl Zimmerman stated his name and his address as 122 N.W. 14th Street. He advised that he is a lease holder of this property, the same as everyone else in Leisureville. Several years ago when the R-3 recreation center was built, the plans called for a storage building. It was larger and much better designed than this building contemplated. However, the Board of Directors felt they did not need any storage building of that kind and let the developer get by without it. The plan for that was keeping with what was built. It was nicer than this. There are no accessory buildings in the R-3 area, but there are quite a few in the R-2 area~and he stated the var- ious ones. It is q~ite a crowded situation there now. Only 30 ft. exists between the two buildings where this is pro- posed and it will look like three d~minoes~ laid in a row with the middle one not fitting in with the other two. It has a very flat roof and will be cheap looking. Also, if the build- ing is going to be used for storage, there s~ould be access to the building for trucks. He explained how a truck could not possibly get into this building- He does not approve of this as a lease holder. He strenuously objects to alltthese acces- sory buildings going in over the years. There is~ room for storage at a great number of places. In case of a hurricane, the pool equipment can be put in a room at the golf course. There is also room in the board room. An addition wac added onto the R-1 recreation center and in his estimation, it did not add to the center. Where is this going to end? Are they just going to continue to build accessory buildings? This particular spot is too crowded, has no access for trucks, and it will look bad with a flat roof. Also, the lease they have MINUTES PL~NNING & ZONING BOARD PAGE THIRTEEN APRIL 12, 1 977 with the developer says a licensed architect must present plans to the developer for approval. No architect drew up these plans! He is against the manner in which this appli- cation was sent in also. Mr. Winter referred to the Board of Directors approving this construction and Mr. Zimmerman agreed they had, but stated that according to the lease, the Board is ~-agent~for spec- i£ic things, bnt are not authorized to build a building and this~ should be taken to the members. Mr. Winter a~ked if they took it to any of the membership and F~. Zimmerman re- plied: no, it was withheld from them and they had to find out about it on their own. Mrs. $chorr stated she did not think it was a true applica- tion coming from the Board and Mr. Zi~merman informed her that the owners are Joseph and Alfred Campanelli as trustees. Mr. Lambert stated they were getting away from the applica- tion and it is not within their realm to make a legal deci- sion whether or not the Board of Directors or a~yone else de- cided this, but it was obviously approved by the Board of Directors and Mr. Norene has signed the application and certi- fied the plans are true. If the people owning condominiums or homes question the legality of this, it is fine, but it is not within the realm of this Board to make a legal decision. Mr. Lambert suggested they l~ok at the plans. He pointed out that the building meets the code and has gone through the Technical Review Board. He asked if there were additional~ requirements and Mr. Annunziato replied there were some tech- nical building requirements, but were not within the realm of this Board and when the permit is pulled, it will be re- quired. ~. Lambert clarified that this met the code ~ud there were no problems and Mr. Annunziato agreed this was correct. Mr. Lambert continued that he did not understand how they could turn this down. The question of who owns it is a legal matter. The application was accepted and processed. Chairman Ryder sbated that the Board does get into the picture and read the intent of the PUD. This is not in harmony with what exists. Normally when you want a building built, you go to an architect for plans and specifications and these are sent out for bids. This wasn,t the case here. From the be- ginning, this was not done right. It also must be recognized that the two Campanellis are the owners of the property. It is within the Board's realm because it was done without pro- per planning and architectural treatment. Col. Trauger state~ that the plan is certified that it is true and correct and he does not see where the Planning & Zoning Board can enter into a legal technicality. Mr. Annunziato agreed and requested Mr. Ambridge to explain the MINUTF~ PLANNING & ZONING B0~RD PAGE FOURTEEN APRIL 12, 1977 ownership. Mrs. Huckle referred to the letter submitted being from Bo~nton West Development Corporation, Division of Campanelli, Inc., giving approval by Connie Cicione, Vice President. Me. Zimmerman stated he could clarify the owner- ~hip and advised that the Boynton West Development Corporation is a subsidiary of the Campanelli Corporation, but this pro- two individuals Board and stated he was the Manager and advised that the Board of Directors take the action and he carriesout the policies or rulings they make. He added that Mr. Zimmerman was basically correct regarding the actual owner. He agrees this is a legal ques- tion. He does not think the Board must make a legal decision. Boynton West did build part of Leisure~ and did acquire the clubhouse in question. He does not if the two builders still own it. For all practical purposes, Eoynton West is a division of Campanelli Builders. Mr. Lambert referred to~bthe residents in the Recreation Area #2 electing the Board of Directors and stated the Board of Directors approved these plans and Mr. Ambridge agreed this was correct. Chairman Ryder announced it was true the Board did not get involved in legal aspects, but his contention is that this is the wrong thing in the wrong place. It does not belong in an established developed community. Mr. Annunziato informed the Board thattthe Community Appear- ance Board will also review this plan and they are empowered to make recommendations regarding the structure itself. The Board could forward their comments to the CAB and .in their review of the plan, the CAB could act on the architecture. Mrs. Schorr referred to Section B of the PUD ordinance includ- ing principal and accessory uses and Mr. Annunziato replied that Leisureville was not approved under this particmlar ordinance. Leisureville was a PUD/Special Exception. The application of the present ordinance is not possible as this project was not approved under that ordinance. He thinks the CAE will consider the comments of this Board and will make their decision based on what occurs tonight. Col. Trauger stated he could see the views presented by those living in the neighborhood, but the plan has been through the Boards and it has to stand upon the merits of the plan pre- sented. He t~nks the Board has no alternative then to ac- cept or reject the plan as presented. He suggested in the motion they could call attention to the CAB regarding the architecture and to the City Attorney regarding the legality. On the basis of the information presented, he thinks this Board must decide whether it meets the code and requirements. MINUTES PLANNING & ZONING BOARD PAGE FIFTEEN APRIL 12, 1977 Chairman Ryder referred to a PUD not setting the usual set- backs and in Leisureville, very often there is only 5 ft. on the side and back. Leisureville does have an Architecture Committee trying to keep the homeowners from encroaching. This proposed building is definitely an encroachment. This is an instance where they are going to buil~ something very close to two existing buildings. With the overhangs on the buildinEs, they will meet. He contends that this is the Board,s concern. It is an afterth~mE~tand not part of the original pla~. Dr.~ Dawenportinformed him that the Architec- ture Committee had approved this building. Mr.~ Lamhertmade a motion that the Planning & Zoning. Board recommend approval to the City Council of the Leisureville Storage Building for Recreation Area No. 2 subject to staff comments and/or recommendations. Mrs~ Huckle seconded the motion. Under discussion, Mr. Lamb. ert stated he personally couldn't question the application as far as legality of the o~er, hut this has been approved by the Board of Directors of Recreation Area #2 which were elected by the people to represent them on matters such as this. A letter has been submitted to verify this~. If the parties within Recreation Area #2 do not like the action of the Board of Directors, they should make a change at the next election~ Col. Trauger asked if he wanted to con~ider an amendment that the comments made at this meeting be ~rought to the attention of the Com- munity Appearance ~oard and to have .ty Attorney review the legality of ownership. Mr. ~d that he did not think it was pertinent. He thinks the people objecting should question this~ In other applications, they do not require the City Attorney to ascertain the ownership. He does not think wha~ was brought up tonight should have been discussed at length like it was. Ne ~oes not agree to the amendment~ Motion carried 4-2 with Mr. Winter and Chairma~ Ryder dissenting. Final Plat for the Townhouses of Golfview Harbour Being a Plat of Tract I, Golfview Harbour, 3rd Eection. This Plat is in conjunction with the site development plans recommended by the Planning & Zoning Board and approved by the City Council. All utilities have been bonded as per the requirements of the Plat of Golfview Harbour 3r~ $~ction and the site development plans. Mr. Annunziato explained the platting document. He then ad- vised that the recommendations were to locate utility and ingress and egress easements on the private roads and the Police Department has requested stop signs at the intersse~,~ tio~. An agreement should be reached with the developer at the public meeting regarding this~ Chairman Ryder referred to 28th Avenue Being closed at Con- gress Avenue and asked if it was the intention to eventually MINUTES PLANNING & ZONING BOARD PAGE SIXTEEN APR~ 12, 1 977 close it and Mr. Annunziato replied this was correct. He added that when the third section of Golfview Harbo~r was approved, it was determined that a cul-de-sac would be at the end of 28th Avenue, which would be a dead end. There is an abandoned parcel in the center with no ownership and en this problem. Chairman Ryder the access would be officially closed aud Mr. Annunziato agreed. Mr. Lambert questioned where the bnildings would be located on the lots and Mr. Annunziato explained the locations of the quadruplexunits. Mr. Winter clarified there were !8 sections and there would be a total of 72 tow~houses and Mr. An~unziato agreed and added that Parcel 19 would be recreation. Mr. w~ningham appeared before the Board representing this plat. Mr. Lambert asked if the people would own the remain- der of the ground on the lot or if it was to be a common grounds situation and Mr. W~nningham informed him that the land outside the existing building would be conveyed to the purchaser. Mr. Lambert asked about a maintenance agreement and Mr. ~i.nningham explained how a homeowners association would take care of it. *See min- utes of 4/26/77 P & Z Col. Trauger questioned what happened to the pigtail of land along 7A to 7P and Mr. Winningham informed him this was a portion of the land. Mr. Winter questioned its value and Mr. W±~nningham replied that it would be grassed. Mr. Annunziato then explained the site development plan. Mr. Lambert remarked that he thought it was a unique concept and this type of development is needed. Col. Trauger questioned the price range and ~. Winningham informed him they would be $37,900. Mrs. Huckle questioned the total occupancy and Pk. Ann~ziato informed her there would be 72 units. He added that Tracts 2 and 3 had gone through the Planning & Zoning Board and City Council with similar plans. Mr. Lambert asked if the required recreation area was included and Mr. Anaunziato informed him that Parcels 19 and 20 were for recreation. He advised thattthe staff recommends approval of this final plat subject to easements over the private rights-of-way for utili- ties and the developer's agreement to provide stop signs as noted on the plan by the Police Department. Col. Trauger moved that the Planning & Zoning Board recommend to the City Council the approval of the townhouses of Golf- ~iew Harbour, 3rd Section, of the replat for Tract 1 subject to the comments made by Mr. Annunziato regarding stop signs and ingress and egress easements over the private roads for utilities. Mr. Lambert seconded the motion° Motion carried 6-0. MINUTES PLANNING & ZONING BOARD PAGE S~ENTEEN APRIL 12, 1977 Dis~ussion.of~ Schools. ~ .as a Permitted Use Mr. Anaunziato read a memo which he submitted to the Board members regarding his research where schools would be per- mitted in the Zoning Ordinance. He advised that the only schools specifically prohibited were private schools not relating to religious organizations. Col. Trauger explained how there was the possibility of having a school chm~ch related but with corporate ownership. Mr. Lambert questioned private schools ~ot being-permitted and stated he thought the zoning should permit private schools. Col. Trauger asked where private schools could go to apply and Mr. Annunziato replied: PUD. MrS. Schorr re- plied that this was not a good place for it and referred to Gulfstream School enha~ucing the town. Mrs. Huckle stated that originally schools were in R-1AAA and left through all zones and she does not know why this was changed. Mr. Lambert statedtthat somehow "church re- lated'' got included. Mrs. HuCkle suggested placing schools as one item and chm~ches as another. Mr. Lambert suggested just removing "church relate~'. Col. Trauger agreed that schools should be permitted without category of title. Mr. Annunziato referred to this being discussed several times and advised that it was agreed to classify it. Mr. Winter stated that it was classified becauseoof the possibility of a correctional institution.. There was further discussion about this and also where nursery schools should be included. Mrs. Huckle then suggested including schools under conditional uses. Chairman Ryder replied that the problem previously was the procedure for conditional use was not spelled out, but Mr. Annunziato has prepared the procedure now. Mrs. Huckle asked if it would work for schools and ~r. An~nunziato replied that he thought it would work for private schools, but he doubts whether the School Board of Palm Beach Co~ty would pay much attention to it. It will put a double,standard on the land. Mr. Lambert asked why it would create a double standard with putting all schools under conditional use and Mr. Annunziato replied that Palm Beach County just would not go through conditional use approval. There was further dis- cussion about this and then the members agreed that schools, including nursery schools, should be included as a conditional The members then discussed how beauty, drivers', ceramics, etc. schools should be considered. Mr. Annunziat~©stated that he would research these questions regarding definition, location in ordinance, etc. MINUTES PLA~G & ZONING BOARD PAGE EIGHTEEN APRIL 12, 1977 There was further discussion regarding nursery schools and it was agreed they should be included in conditional use also. Set Date to Continue Review of the Proposed Subdivision Regulations ,~ Mr. An~unziato referred to reviewing approximately half of the proposed Subdivision Regulations and suggested holding work- shop meetings during his working hours to continue the review. He added that the Engineer would also be present. After dis- cussion, it was agreed! to have a Workshop Meeting on Wednesday, April 20 at 3:00 P' My Mr. Annunziato also agreed to send oUt reminders of this meeting together with guidelines of the mat- erial to be covered. Adjournment ~. Winter moved to adjourn, seconded by Mrs. Huckle. Motion carried 6-0 and the meeting was properly adjourned at 10:15 P.M. Respectfully submitted, Suzanne Kruse Recording Secretary (Three Tapes) AGENDA Regular Meeting Date: APRIL 12, 1977 Time: 7:30 P2M. Place: CounCil Chambers - City Hall 1. A~knowledgement of Members and Visitors. 2., Reading and Approval_of Minutes. 3. -~-n~uncomonts,'--'~RIFICg_TIONsOF T-:A-~C. -I~EMBERSHI~ 4. C~munications. 5. Old Business: 6. ~NEW---BUSINESS: SITE PLANS: NEW MOUNT ZION BAPTIST CHURCH 101 N.E. 12TH AVE. REGINALD HARRIS,APPLICANT LOTS: 160-168, BLOCK D, BOYNTON HILLS SUB. CHURCH: .TABLED A. PUBLIC HEARING: RE~ONING D.M. AND.iM.B. DOXTAD AND M.N. JACOBS DDS REZONE FROM R1A TO C-l; THE PROPERTY LOCATED AT THE REAR OF 715 N.W. 2ND AVE MORE PROPERLY DESCRIBED AS FOLLOWS: PARCEL #1 (SEE LEGAL DESCRIPTIONS IN NOTICE) PARCEL #2 (SEE LEGAL DESCRIPTIONS IN NOTICE) B. SITE DEVELOPMENT PLANS: DOCTOR'S OFFICE BUILDING . ROBERT B. ATKINS SR., APPLICANT ~ LOCATED'vON-LOT~742, CRESTVIEW 'SUB. AT GULF ROAD AND S.E 2ND STREET LEISUREVILLE STORAGE BUILDING 2001-.S.W._13TH AVENUE MR. NORENE,-APPLICANT RECREATION AREA NO: 3 FINAL PLAT FOR THE TOWNHOUSES OF GOLFVIEW HARBOUR BEING i A PLAT OF TRACT 1 GOLFVIEW HARBOUR 3RD SECTION THIS-PLAT IS IN CONJUNCTION WITH THE SITE DEVELOP- MENTPLANS-RECOMMENDED~BY--THE PLANNING'AND ZONING - " BOARD AND APPROVED BY THE CITY COUNCIL. ALL UTILITIES HAVE BEEN-BONDED/AS PER THE P~QUIREMENTS-OF THE PLAT OF .GOLFVIEW HARBOUR 3RD SECTION AND THE SITE DEVELOP- MENT PLANS. De DISCUSSION:--~ DISCUSSION OF-SCHOOLS AS A PERMITTED USE SET DATE TO CONTINUE REVIEW OF THE PROPOSED SUBDIVISION REGULATIONS.