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Minutes 02-22-77MINUTES OF THE REGULAR .MEETING OF THE PLANNING & ZONI~NG BO~D HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, FEBRUARY 22, 1977 AT 7:30 P. M. PRESENT Ronald Arena Mrs. _Marilyn Huckle Richard Lambert Simon Ryder Mrs. Mary Schorr Col. Walter M. Trauger Garry Winter Carmen Annunziato, City Planner Mr. Annunziato introduced himself to the members and the audience. He referred to having no officers present from the previous Board and stated he would like to call the meeting to order and open the nominations for officers if it meets with the Board's approval. The members replied they had no objection. Mr. Annunziato then called the Second Regular Meeting in the month of February of the Planning & Zoning Board to order at 7:30 P. M. He called the roll. Election of Officers Mr. Annunziato announced the floor was open for nominations for Chairman. Mr. Arena nominated Mr. Simon Ryder as Chair- man, seconded by Mr. Lambert. Mr. Annunziato ascertained there were no further nominations and Mr. Winter moved to close the nomination~. Col. Trauger moved to pass one unani- mous vote electing Mr. Simon Ryder as Chairman, seconded by N~s. Schorr. Motion carried unanimously. Mr. Annunziato then turned the meeting over to the new Chair- man. Chairman Ryder thanked the members for their vote of confidence and suggested continuing with nominations for Vice Chairman. ~ws. Huckle nominated Col. Walter M. Trauger for Vice Chairman, seconded by Mr. Ryder. Mrs. Schorr moved that nominations be closed, seconded bye. Arena. Nomina- tion carried unahimously electing Col. Walter M. Trauger as Vice Chairman. Chairman Ryder announced before starting, he would like to ~ay a few words. He welcomed aboard Mrs. Huckle and Col. Trauger, who have served on this Board previously and in his opinion did a wonderful job. He stated he was glad to serve again with ~.i Winter and Mr. Lambert since they served to- gether last yeiar. He welcomed Mr. Arena and Mrs. Schorr to the fold. He !thinks they are going to get a good deal of satisfaction s!erving.. This is one of the City's Advisory Boards. He wants to feel they contribute. The members will be brought up ito date on the groWth and development of the City. We will! review and act on matters of zoning and site plans for industrial and commercial developments. The best thing which could have happened is the fact we now have a MINUTES PLANNING & ZONING BOARD PAGE T~O FEBRUARY 22, 1977 City Planner, who is someone who gives the Board direction and provides continuity to the City. Since he has come aboard, we have gone into some major things such as the Planned Industrial Development, procedures of annexation, large commercial developments, etc. These are some of the things which will come before us. We are an AdvisOz~yy Board to the City Council. We consider the applications which come before us and decide whether to recommend to the City Council or deny them. Subsequently the matter comes before the City Council and they make the ultimate decision. He suggested that the new members review the zoning regulations and zoning map and if they need any help or have any ques- tions, they should contact Ms. Annunziato. Chairman Ryder then welcomed the visitors present and acknow- ledged the presence of Vice Mayor Emily Jackson and her hus- band, Walter Jackson, and a member of the press from the Boynton Beach News Journal. Minutes of February 8, 1977 Chairman Ryder referred to having only three members present from the ~revious Board and stated he thought they should c.o~sider~-'them. Col. Trauger informed him it would be im- possible to get a quorum of the present constituted Board and und~a~etS Rules of Order, he can rule the members SeeM ins. present~~a quorum. Chairman Ryder asked for comments o£ 3/22/?? or corrections and Mr. Lambert and Mr. Winter replied they had nothing. Chairman Ryder added that he also did not have any and considering the matter of how these minutes were pre- pared with the secretary not being present because of a con- flict of meetings and Mr. Annunziato ran the tape recorder, the secretary did her usual wonderful job of typing the min- utes from the taD~ in this case. He then declared the min- utes adopted as read. Mr. Lambert asked if they had approved the minutes of the Workshop Meeting of January 17 and referred to having dis- cussed them at the February 8 meeting. Chairman Ryder re- plied that he did not recall~~ the disposition of them. Mr. Annunziato advised that he would check this. BUSINESS PuBlic He~ring Parcel #1 - The North 450 feet of the West Quarter of Lot 8 of the Subdivision of Sec. 20, Twp. 45 S, Range 43 E. 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, less that portion lying South of the North right of way line of Boynton Road (State Rd. 804), and less the East 15 feet of the North 215 feet thereof, Boynton Beach, Palm Beach County, Fla. MINUTES PI~&NNING & ZONING BOARD PAGE THREE FEBRU~a~Y 22, 1977 ' Location - At Rear of 715 N. W. 2nd Avenue Request - Rezone to C-1 from R-lA Use - Expansion of Dentai Complex and needed parking Applicant - Mms. Mildred B. Do×tad Chairman Ryder called upon Mr. Annunziato to give comments and input. M~. Annunziato informed them that as a mat~er of introduction, the property is located approximately 140 ft. off of Old Boynton Road. To the east and north is R-lA, to the west is R-2 and to the south is C-2. The property pre- sently is a mango orchard. Notification has been advertised in the newspapers and notification has been sent to property owners within 400 ft. Chairman Ryder then called upon the applicant. Dr. M. N. Jacobs appeared before the Board and informed them h~ would like to have it rezoned to expand his dental office which is located on the parcel zoned C-2. Chairman Ryder asked if he intended to utilize the entire area and Dr. Jacobs replied: yes. Chairman Ryder asked if it would be for building con- struction and parking and Dr. Jacobs replied: yes. Mr. Lambert asked Dr. Jacobs if he now owned the property zoned C-2 and Dr. Jacobs replied: yes. Mr. Lambert asked if there was road right of way going back into this particular property or if it was landlocked and Dr. Jac~_~sinformed him it was landlocked. Chairman Ryder referred to visiting the site and there being two buildings there in addition to his office and questioned the'nature of the building to the east and Dr. Jacobs informed him it was his dental laboratory. Chairman Ryder asked if the paved area on 2nd Avenue was part of his property and Dr. Jacobs replied: yes and added that he was using most of the paved area for parking. Mr. Lambert asked if the existing buildings in the C-2 area were conforming and Mr. Annunziato replied that he assumed since they were occupied, they were brought up to code. The me~nbers then located the property on the zoning map, Mr. Arena questioned how the City anticipated the property being used as R-lA if there was no access to the property and Mr. Annunziato informed him that the survey submitted showed a 20 ft. easement on the property. Mr. Annunziato continued that he thought the property could be developed in a differ- ent manner.. He explained how it could be used under the present zoning if the 20 ft. easement were swapped for a greater one on the west property line. He does not think attempts have been made to develop this land under the exist- ing zone. There is a 20 ft. easement on the land presently. MINUTES PLANN!NH & ZONING BOARD PAGE FOUR FEBRUARY 22 , 1977 Chairman Ryder asked if anybody desired to speak in favor of this application and received no response. He then asked if anybody cared to speak in opposition to this application and the following appeared before the Board. Mr. Jim Ashley stated his name and his address as 319 N. W. 7th Court. He clarified that he had some questions. He re- ferred to the notification mentioning 450 feet and this seems like a large amount of property for a dentist's office and he would like to know if there is further clarification of the utilization. This is at his back door. Dr. Jacobs informed him that he did not necessarily plan on immediately using all the land for a dental office and parking. Parking takes up more area than an office. HoW fast it would go, he does not know. Col. Trauger questioned the initial or final size of the building and Dr. Jacobs replied that he did not know. Chairman Ryder asked if he owned this parcel and Dr. Jacobs replied: no. Chairman Ryder clarified that the sale was contingent on what happens here tonight and Dr. Jacobs re- plied that it was contingent on what happens at the City Council meeting. Mr. Ashley continued that going back 450 ft. still seems like a lot of property to be zoned commercial~ It would be too easy to chang~ this over to something else if the doctor wound up not Se~ing all the property, which he would be opposed to. He just purchased his house a few months ago and one of the sales factors was the grove behind it which was supposed to remain this way. The man can do what he wants in selling it. He is not opposed to the doctor expanding his facilities~ but he is opposed to commercial. Col. Trauger referred to previously a rezoning request being accompanied with a preliminary site plan so you at least had a vision of the utilization of the land. Mr. Annunziato re- plied that this was probably correct, but advised that he has taken the position of cautioning the Board in reviewing pre- liminary plans when rezoning~is requested because rezoning is for all the potential uses in that zone and he explained. He would prefer to think of them as visions but not applicable at the time of rezoning. At the time of site plan review, they are applicable. Chairman Ryder added that they could not actually get any guarantee as it was not binding to the ~Dpli- cant. M~. ~nnunziato added that there was nothing in the co~e to make it binding, as this is illegal. Mrs. Huckle read P~ragraph C of Page 35 and asked if this pre- cluded the possibility of acting on a boundary change unless the person is the owner or has ~ contract which we have the record for and Mr. Annunziato informed her that the owners of this property are present and they authorized Dr Jacobs to speak. ' Mrs. Schorr referred to Page 24 and questioned if these set- backs would have to be met and remarhed there wouldn't be MINUTES PLANNING & ZONING BOARD PAGE FIVE FEBRUARY 22 , 1977 anything left with meeting the requirements for the setbacks abutting a residential zone with the 20 ft. right of way. ~. Annunziato replied that it depended on how it was developed. He explained how if it was a private street, it could be worked into the buffer. Chairman Ryder clarified that the conjecture of how this was going to be developed was not before the Board at this point, but the matter to consider was rezoning. He then asked if anyone else desired to speak in opposition. Mr. John Adams stated his name and his address as 317 N. W. 7th Court. He informed the Board this was directly to the west of his property. To have a building that close would interfere with his property. There is supposed to be an ~asement directly behind his property, but Florida Power & Light Co. could not get in last week to put up a pole. He really objects. Chairman Ryder ascertained there were no-further speakers and opened the discussion to the members of the Board. He stated that apparently this parcel would be an introduction into what is now a substantial R-lA area and he wonders if it would preclude the proper development of the future sur- rounding residential area. Mr. Lambert stated that he thinks with the existing zoning~they are working with, they have tried to keep the commercial at ~easonable depths along 2nd .&venue and no commercial runs this deep ~rom 2nd Avemue. This would be 130 ft. wide and almost 500 ft. deep. It is also surrounded by residential properties. He does not think it would be a wise decision on the Board's part. Mrs. Huckle moved that this Board not recommend this applica- tion to the City Council for approval, seconded by Col. Trauger. Under discussion, Mr. Winter stated one of the things he is opposed to is rezoning without any idea of what is going to go in there. He referred to many times when something was rezoned for one purpose and something else was built. Just with this idea, he cannot see how it can be rezoned to commercial. Also, it is abutting residential property and in effect, they would be creating strip zoning, Mr. Arena asked if C-2 was the minimum zoning for a doctor's office and ~r. Annunziato informed him the request was for C-1, which is the most restrictive commercial zoning. Col. Trauger stated he agreed with ~. Lambert thoroughly and told about arguing the point when rezoning of letting commercial impede, too far back from main ~oads because it affects the adjacent Property. He explained how the Board laid this out conscientiously strictly to blocks. He be- lieves the motion made by Mrs. Huckle is quite in order. MINUTES PLANNING & ZONING BOARD PAGE SIX FEBRUARY 22 , 1 977 As requested, F~s. Kruse then took a roll call vote on the motion as follows: Mr. Arena Mrs. Schorr Mr. Lambert Mrs. Huckle Col. Trauger Mr. Winter - Yes _ yes1 - Yes - Yes - Yes - Yes Chairman Ryder - Yes Motion carried 7'0. Chairman Ryder mentioned that mormally when moving on these matters, they recommend to the City Council their denial or approval. Mr. Doxtad appeared before the Board and informed them that FPL was bringing a substation to the back property line, so it wOUld not be residential. Chairman Ryder replied that this did not change the zoning category. S_!i~,e Plan Approval Palmland Villas 1894 Palmland Drive 52 Multi-Family Units Mike Rubin, Applicant Chairman Ryder requested Mr. Annunziato,s comments and Mr. Annunziato informed the Board this was for 52 one story units. This was part of a court ordered land use and rezoning. The site plan is to meet the old R-2A specifications as a result of the court order and does meet them and he explained how it exceeded in the categories of parking and open space. The units range in size from one to three bedrooms. The buildings range in size from two unit buildings to six unit buildings. Concerning the staff recommendations, the plan must meet the handicapped requirements. The engineer has requested the swale areas to be graded on Palmland Drive and he explained. He then read the extensive comments listed by Mr. Cessna. Mr. Mike Rubin appeared before the Board., Mr. Lambert asked if he had gone over the staff comments and ~. Rubin replied that he was not aware of them until now. Mr. Lambert sug- gested going over them quickly. Mr. Annunziato re-read the recommendations. Mr. Rubin advised that he talked to ~. Cessna about Phase 1 and brought the manholes to grade and have marked some of the valves. They did everything in com- pliance with ~. Cessna,s letter. If there are other things to do, they will do it. They will comply with everything. MINUTES PLANNING & ZONING BOARD PAGE SEVEN FEBRUARY 22, 1977 Mr. Rubin continued and stated that the water and sewer lines have been inspected and approved and Mr. Annunziato replied that he was not entirely certain whether the City had ab- cepted the s~st.ez~ and ~.~. Rubin replied that the City had. Mr. Annunziato pointed out that there appeared to be a ques- tion regarding the finished grade in regards to water lines and he believes they would not have enough information to determine the depths. He explained the engineering work re- quired. Mr. Ru~in replied that he knew there was a problem on Charter Drive, but this is outside their property. ~. Annunziato clarified that he believed Mr. Cessna was concerned with the area where this project was proposed and the area to the east and FAr. Rubin replied that it was built according to City supervision and inspection. Mr. Annunziato stated again that he did not think it was accepted and Mr. Rubin informed him if there was anything to be corrected, they will take care of it. Chairman Ryder referred to the sewage being treated on the property and M3~. Rubin agreed. Chairman Ryder asked if there would be any problem when connecting with the regional plant and Mr. Rubin informed him it was designed to accept the new plant. He added that it was designed for over 200 people. Mr. Winter questioned the numbers 1874, 1862, etc. noted on the plan and Mrs. Schorr informed hi~ these were the house numbers. She asked if the open space conformed to the code and Mr. Annunziato pointed out that 63% was provided. He added that he recommended approving this plan subject to the recommendations of the Technical R~view Board. Mr. Lambert referred back to the address numbers and asked if they were approved by the Boynton Beach Post Office or the County. There was further discussion about t~henumber~ng~ ' and Mr. Rubin informed them that these addresses were ascertained and approved by the Post Master and Building Department. Mr. Lambert moved that the Planning & Zoning Board recommend the approval of these plans to the City Council subject to the Technical Review Board's comments. Mr. ~inter seconded the motion. No discussion. As requested, Mrs. Kruse took a roll call vote as follows: Mr. Arena - Yes Mrs. Schorr - Yes Mr. Lambert - Yes Mrs. Huckle - Yes Col. Trauger - Yes M~. Winter - Yes Chairman Ryder - Yes Motion carried 7-0. At this time, Chairman Ryder acknowledged the presence of Councilman Joe DeMarco in the audience. MINUTES PL~INNING & ZONING BOARD PA_GE EIGHT FEBRUARY 22 , 1977 Los Mangos S. W. Corner of U. $. #t and S. E. 23rd _~venue 188 Units: 60 Qua~raplex Units and 128 Duplex Units Felix Granados, Jr., Applicant Chairman Ryder requested Mr. Annunziato's comments. Mr. Annunziato clarified that this wasn't exactly at the corner, but nestled in the area of the railroad tracks off the high- way. Chairman Ryder announced this was zoned C-3 and under the zoning regulations, an application of this kind is permiss- able if it has appeared before the Planning & Zoning Board and City Council. He then called on the representative. M~. Jim Holland, Creighton & Thompson Associates, appeared before the Board. He advised he would like to orient the Board to the site as much as possible and gave the members an aerial photo. This particular piece of property is lo- cated approximately 200 ft. west of U. S. 1 and lies south of Golf Road. It was a former mango grove. There are two public rights of way dedicated from Federal Highway, one being a 40 ft. access point and the other a 50 ft. access point. He then showed a colored plan of their proposal.~ Basically the concept is to build 188 units, 128 duplexes and 60 fourplexes. They will be two story townhouse type units. Approximately 65% of open space is contemplated. The initial concept of the development was that the units would be fee simple rather than on a condominium basis; however, they were given the information by the City Planner this would not be possible under the current zoning regula- tions. Therefore, they are forced into a condominium con- cept development. The units within this development will not be limited strictly to retirees or families with child- ren. It will be an open community. The size of the ~wel- ling units is approximately 1,300 sq. feets each. All the units will be backed up to open space. They are proposing two separate recreation areas with pools and large deck areas. He explained how this would be geographical feasible with one in the south and one in the north. They are not proposing any kind of recreation building for the purpose of trying to hold the cost down of the maintenance incurred by the individual unit owner. They are trying to make this as cheaply as possible to the ultimate consumer of the property. Chairman Ryder referred to revising the concept to comply with R-3 requirements and M~. Annunziato clarified that the problem was not with the zoning, but with the subdivision regulations in that it would require subdividing lots. The minimum lot area is what is called for in the zoning. $~r. MINUTES PLANNING & ZONING BOARD PAGE N-INE FEBRUARY 22, 1 977 Holland added that they did not want to sell the lots as they wanted to avoid individual maintenance. They feel a number of people want to own units in a single family atmosphere, but without the maintenance responsibility. Mr. Lambert referred to looking over the Technical Review Board's recommendations and stated all are understandable, except the Recreation Director's comment which he would like to discuss. ~. Annunziato replied that he would like to go through all the staff recommendations. The plans must meet the handicapped requirements. The Fire Department has re- quested an additional fire hydrant along the road which is proposed to be built on the west side in that there is a rather lengthy run with no fire h~drant evident. Under Public Works Department, the garbage cans must be placed at the edge of the pavement on pickup day. The Recreation Di- rector felt they should have a meeting room in a project of this size and particularly if it is a condominium. He recom- mends making one large pool and having one meeting room. If the developer feels it would be more appropriate to have two pools., he could have one meeting center located by one pool. Mr. Lambert asked if the plan met the recreation requirements and ~. Annunziato replied that it corresponded. Mr. Lambert asked what he felt about the Recreation Director's comments and Mr. Annunziato replied that he thought the comments were valid for a community of this size and explained how a faci- lity should be available for a condominium. ~. Holland re- ferred to not wanting to go to a condominium concept, but were forced by the City regulations to do so. He stressed that they were trying to provide the maximum amount of unit possible at the lowest cost to the consumer. He has found in condominiums that the meeting rooms are seldom used if ever. It is just a vacant space for people to use if they want to. The only requirement as fam as a condominium is that the association have an annual meeting and his client is willing to post funds in escrow to provide a rental hall if necessary. They havemmet the recreational requirements and have probably pro~os~d twice the minimum required. It would cost more money to build two separate recreation areas than to provide a recreation building which probably would not be used. Mr. Lambert referred to there being quite a bit of open area at the rear of the apartments and ~r. Annunziato informed him the density is 6~.8% of what it could be. Mr. Holland continued that the property is zoned C-3. This is usable land and the property owner is entitled 'to this use. They are proposing a use which they feel will benefit the City, upgrade the City, and provide an immediate tax base rather than l~y as a dormant piece of property. Mr. Winter questioned how wide the roads were and Mr. Holland informed him the roadways would be in conformance MINUTES PLANNING & ZONING BOARD PAGE TEN FEBRUARY 22 , 1977 with City Standards, 20 ft. of pavement with 5 ft. utility easement on either side for a total of 30 ft. Mr. Winter referred to the scale on the plan showing the roads as 12 ft. and Mx. Holland explained how the roads had been com- puted with the center lines being related to the property lines. He added that he did not think 20 ft. was sufficient, but that is the code requirement. Chairman Ryder suggested that this be indicated on the plan and ~. Holland informed him that the de2ail indicates 20 ft. roads for ingress and egress with 5 ft. utility easements. ~r. Annunziato informed them there was ample material showing the width of the roads on the paving, grading, sewer and water plan showing at least 20 ft. and possibly 30 ft. Mr. Winter asked if sidewa~s would be installed and ~. Annunziato informed him they were not required in private developments. Mr. Winter referred totthere being only one ingress and egress and with 188 units, this doesn,t seem satisfactory and Mr. Holland informed him there were two, both on U.S. 1. He added if they wanted an ingress and egress point onto Golf Road., they would be happy to provide one. Mr. Winter agreed this would seem to be logical. Mr. Holland explained how they thought it would be undesirable to provide an in- gress and egress road to a narrow road operating over capa- city. They thought it would be in the public interest of the City of Boynton Beach not to provide this. Chairman Ryder asked who owned the property on either side of the access roads and ~. Holland informed him it was in two ownerships and the use of the land is shown on the aerial photograph. Chair~Ryder asked who owned the access roads and M~. Holland replied that they were owned by the City. Mr. Lambert a~ked if the roads were existing right now and Mr. Annunziato replied: no, the rights of way are there. M~. Lambert asked if the rights of way were dedicated and M~. Hollandrreplied that legally the information was some- what vague and they have been described as apparent rights of way. Mr. Lambert clarified that they intended to put in a boulevard andreads and Mr. Holland agreed and added that they will improve the public rights of way. Mr. Winter referred to the ordinance requirementsto provide a left turn lane on the highway and Mr. Holland reolied that they would be happy to modify the plan to meet ordinances. He added that he thinks there is one there into the motel site and he pointed out on the aerial photo. He stated they would be happy to provide one if not provided. Mr. Winter stated he would like to see a road provided out to Golf Road and Mr. Holland replied that this could be done with no problems. Mr. Winter suggested that it be directly opposite S. E. 4th Street and Mr. Holland replied that it would have tobbe as far east as possible because of the rail- road. Mr. Annunziato informed the Board that this had been MINUTES PLANNING & ZONING BOARD P_&QE ELEVEN FEBRUARY 22, 1977 considered by the staff and they do not think an entrance on Golf ~oad would be advantageous to the City in general. Mr. Winter referred to the inconvenience in case of emer- gency. There was further discussion about this and ~. Holland explained how an access road to Golf Road would be a security problem and traffic hazard. ~. Winter referred to plans for Golf Road to be widened and ~. Holland informed him that the City had no plans to widen this within the next five years. There was further discussion about the traffic conditions on Golf Road. It was also pointed out by Mr. Lambert that subdivisions larger than this only have one access road. Mrs. Huckle asked if the City had any infor- mation about the projected width of Golf Road and ~. ft. Mr. the ~xtra 15 ft. on Golf Road for the propos~ed widening. Mr. Winter referred to ~ shopping proposed on Golf Road and Mr. Holland explained that is was a commercial site proposed for professional offices primarily to serve thissdevelopment. Chairman Ryder stated he was concerned about the people not having a meeting place and told how the clubhouses in Leisure- ville were used const~utly. Mr. Holland explained how this was oriented towards families, but retirees would not be pre- cluded and it is felt in a community of this nature, a meet- ing room would seldom be needed. He also explained how there would be additional costs for a building which would be passed onto the consumer. Chairman Ryder stated in his observation, these buildings do get used, but he agrees it does take money to maintain them. Mr. Arena stated he wondered if the meeting place and amount of use was going to balance out the loss of one pool, plus the inconvenience of one location. He tends to weight one against the other. He doesn't see where doing away with one pool and putting in a larger pool and recreation center will provide what the community needs. There was fur- ther~discussion about whether a recreation building was~nec- ess~ry. Mr. Annunziato then informe~ the Board there was an extensive list of recommendations from Mr. Cessna and read a memo dated February 17 listing seven recommendations.. Mr. Holland replied they had no objections to the first six comments at all and these wilt be provided. However, they do have significant objection to Item 7 requiring an extension of the water main under the railroad tracks. He explained how the Fire Depart- ment did a pressure test of the e~isting 6,~ line on Federal Highway and the required fire flow will be sufficient with the lines which are there. They feel it is unreasonable to require this particular developer to extend a line under the railroad tracks to generally serve the community without re- ceiving some remuneration on the part of the City whereby the MINUTES PLANNING & ZONING BOARD PAGE TW'ELVE FEBRUARY 22, 1 977 developer would be reimbursed for the money or portion of money he has to put out which will not benefit his project. Chairman Ryder asked if they had attempted togget an esti- mate for doing this work and Mr. Holland replied: no, but they do know from previous experience that it would be expen- sive. However, this is not the point. This project will be developed in phases depending on the market conditions. This development will begin at the south end of the project with approximately 50 units. The development does not need this line extended. They have adequate fire flow and water pres- sure. He referred to the requirement and advis:ed they were looping the water lines so the pressure would not be de- creased. They will not be decreasing the pressure that is on the 6" line existing on Federal Highway. They feel this is an attempt on the part of the Utility Director to have some- one put a 16" water line under the railroad. If the City would accept the position where the developer would be paid back by those who would benefit from the l:ine, that would be different. They feelsthis is arbitrary and unreasonable. Col. Trauger requested to hear the reasons from the Utility Director and F~. Annunziato first clarified that the request was for an 8" line under the railroad tracks. He explained how the Utility Director based his recommendations on adverse conditions which could possibly occur. Chairman Ryder stated he did not see where an 8" line would be prohibitive in cost. They are talking about a substantial development and he does not see how this could be so important a factor that they have come to a standstill. Mr. Holland agreed they have come to an impasse and advised from their exp~ience of running such a line under two tracks, it would ~cost about $40,000, not including the cost of the line, extending it to Federal High- way, etc. There was further discussion abOut this and then Mr. Lambert stated possibly this may be a problem the Board will have to pass onto the City Council and have 'the Depart- men2. Heads work it out. Mr. Lambert moved that the Planning & Zoning Board recommend the adoption of these plans to the City Council subject to the Building Department,s recommendations and comments; the Fire Department,s recommendations and comments; the Engineering Department,s recommendations and comments; the Public Works Department,s recommendations and comments; and the Utility Department,s recommendations and comments listed in the memo dated February 17 to Mr. Annunziato, which the applicant has agreed to Items 1 thru 6, but is very much opposed to Item 7 which has to do with the running of the water line under the railroad tracks. He added that he left out the Recrea- tion Department,s comments purposely. He clarified it was subject to only those specific departments he mentioned. Mr. Arena seconded ~he motion. Under discussion, Chairman Ryder referred to Item 7 being in contention and stated if the City MINUTES PLANNING & ZONING BOARD PAGE THIRTEEN FEBRUARY 22 , 1977 Council feels the Utility Director's decision is the proper road to take, there may be a problem of assessment of costs for this in that the developer does not care to pay the entire cost. Mr. Arena stated he would not like to see them going in front of the Council without noting they have not refused to negotiate Item 7. Mr. Holland clarified that they have refused to pay I0~ of it. Mr. Arena replied that it would be up to him and the Council to work it out. ~M. Lambert stated he hoped they could work out Item 7 as he personally feels the plan is a good plan as they have kept the density way under what they could have~0projected and there zs a lot of open spaces. ~' Mr. Annunziato referred to a statement made by the developer that they would be willing to donate right of way to Golf Road and he would like this included in the motion. If they are willing to donate it at this time, it would be very ac- ceptable. Mr. Holland replied that they would be happy to. Mr. Arena moved to amend the motion to include the t5 ft. right of way to be dedicated to the City on Golf Road on Tracks A and B. Col. Trauger seconded the amendment. The amendment carried with a vote of 7-0. A vote was then t~en on the original motion and it carried 7-0. Discussion of R-3 Zone Mr. Louis F. Preiditsch stated his name and his address as 800 Canary Walk, Gulfstream. He referred to appearing before the Board two to three weeks ago and advised that since then, he has been talking to the City Planner and a lo~tof startling things are coming up on R-3. It almost seems somebody wants to do away with it. It has been eroded. Since 1955, they have been chopping it down little by little to practically no use whatsoever· He read the ?usages allowed in 1955· He also explained how the setbacks had been changedz/~hich conflicted with various sized lots. He drew diagrams on the blackboard and explained how certain sized lots would be limited to 17% or 25% for the building site. He stressed that if they con- tinued to erode the usage and land usage, they don't have much to work w~th. He then referred to PUD's in the area and how Leisureville was able to have usage of 55% of their land He t ' · htnks some relief is needed or some usages should be brought back which they had before b There was a lengthy discussion a ~out this and Chairman Ryder stressed that they just could not equate a PUD to R-3 lo~s. Chairman I~yder sug- gested that he put the comparisons and suggestions into writ- ing fortthe Board's deliberation. Mr. Preiditsch continued with referring to the several changes in the Building Department and various recommendations made by MINUTES PLANNING & ZONING BOARD PAGE FOURTEEN FEBRUARY 22, 1977 building inspectors. He referred to there being quite a dis- cussion on retirement homes being included in R-3o He was informed by ~. Annunziato that a room in a retirement home must be 750 sq. feet. He referred to the definitions of board- ing homes and convalescent homes. He advised that the re- quirements for a convalescent home required 70 sq. feet for one bed and 50 sq. feet for a second bed or 120 sq. feet for a room. He explained how the population of Florida was going homes. He then pointed out that for a retirement home conflicted Mr. Lambert referred to hearing these explanations about two or three times and stated he was still not 100% clear of what Mr. Preiditsch was driving at. He asked if they needed more clarifications in the definitions. He requested a recommenda- tion from ~. Annunziato. ~. Annunziato replied that it ap- peared to him the question is whether they are going to permit a smaller room or smaller liv~ing area than 750 sq. feet. Mr. Lambert replied that the Board had discussed this previously and decided not to lower it. Mr. Annu~ziato clarified that the ordinance states 750 sq. feet, but the past Board felt msybe it was too restrictive and maybe it should be restric- tive. However, in talking about 40% coverage, a 75 ft. lot is non-conforming.~ Mr. Lambert added that a small lot could get relief from the Board of Adjustment, but they are worried about large trac~s. Mr. Annunziato informed the Board that Mr. Preiditsch was also referring to convalescent homes not being permitted in R-3o They are allowed in C-1 with no restrictions on the unit size. The housing code states 75 sq. feet for the first bed and 50 ft. for the second bed.. The ordinance works well for large trac~s~ It was not designed to work well on 75 × 100 ft. lots. By putting four to six lots together, u ~ you may have a saole parcel~ Chairman Ryder referred to the Board listening to the presen- tation, but Mr. Preiditsch has not presented a specific pro- posal. He requested him to present this in writing noting the discrepancies in the setbacks and advised that they would be glad to have a special workshop meeting to discuss it. Other Discussio~ Col. Trauger referred to the PUD ordinance and asked why it was not included in the zoning code and Mr. Annunziato re- plied that he did not know, but it is codified an~ is a ~up- plement to the z~ning code. Chairman Ryder requested copies of. the P~D, PUD, ~nne×ation and the current zoning map to be given to the new mem~rs. Mrs. Huckle asked if Mr. Holland had made a request for his property to come in as a PUD and ¥~. Annunziato replied: no. MINUTES PLANNING & ZONING BOARD PAGE FIFTEEN FEBRUARY 22, 1977 Chairman Ryder added that the most recent PUD was at 23rd and Congress Avenues. Mrs. Huckle asked if it had been started and Chairman Ryder replied: no, but it has been approved. Chairman Ryder referred to the letter sent to the members advising of their appointment and the statement that if they are absent for three consecutive meetings, they will be automatically dropped. He explained how there had been instances in the past even with sewen members, they had a problem getting a quorum. He announced the Board would meet on. the second and fourth Tuesday of the month. Each member wilt receive an agenda from Mr. Annunziato.~ In the event a member finds he is unable to attend, he requests that they call him and he will contact the other members to make sure they have a quorum. If for any reason a member desires to t8ke a leave for an extended period of time, he would appre- ciate being advised in advance so he can bring it to the at- tention of the City Manager. Mr. Annunziato informed the Board that on March 22, their second meeting in March., the Palm Beach County P~anning Department is tentatively scheduled to give a presentation. He explained how the plan would be for this area, but the Board would have limited review power. Mr. Annunziato informed the Board that they were required to work on comprehensive planning as required by the Local Gov- ernment Comprehensive Planning Act. He advised that very shortly he will request various planning consultants to be interviewed by the Planning & Zoning Board. The members discussed further the procedure of the Board. Mr. Arena advised that his p~one number was not included in the letter sent to the members and informed them it was: 732-0329. Mr. Lambert added that his address was i~Q~e~et and it is: 140 S. E. 27th Place. Adjournment Mr. Lambert moved to adjourn, seconded by Mr. Winter. Motion carried unanimously and the meeting was oroperly adjourned at 9:55 P. M. Respectfully submitted, guzanne Kr ~u~e Recording Secretary (Three Tapes) AGENDA .pLANNING AND ZONING BOARD Regular Meetin~ Date: :February22, 1977 Time: 7:30 P.M. Place: Council Chambers City Hall 1. Acknowledgement of Members'and Visitor~. 2. Reading and Approving of Minutes. 3. Announcements. 4. Communications. 5. Old Business: 6. New 'Business: A. Election of Officers B. Public Hearinq: Rmzoning request by Dr. M. N. Jacobs for D. M. Doxtad From R-lA to C-1 Loca~fio5--'--P~6p~-z°~y at-r~ar of 715 N. W. 2nd Avenue ...... more appropria~ely described in file. site Plan Approval :' 1,. ~ 'Palmland Villas 1894 Palmland Drive 52 Mult~:.-Family Units Mike Rubin, Applicant Los Mangos Southwest corner of U.S. #1 and S. E. 23rd Avenue 188 Units: 60 Quadraplex Units and 128 Duplex' Uhits Felix Granados, Jr.., Applicant D. Discussion of R-3 Zone: Requested by Mr. Louis Preiditsch Rev. 3/19/76