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Minutes 06-08-76MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BO~D HELD AT CITY HAIA, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 8, 1976 AT 7-30 P. M. PRESENT Joseph T. Kelly, Chairman Richard Lambert Louis Reiser Simen Ryder Garry Winter Len Schmidt, Deputy Bldg. Official ABSENT Fred Kostner, Vice Chairman (Excused) Oris Walker (Exc~sed) ChairmamKelly called the meeting to order at 7:40 P. M. and explained the delay in starting was due to distribut~ copies of papers needed by the Board members. He acknowledged that all the members were present with the exception of Vice Chair- ma~Fred Kostner and Mr. Oris Walker, both of whom are excused. He then welcomed the one visitor present, Mr. Charles Fronrath, representing the Cogen a~exation. He referred to the possi- bility of having some heated discussion tonight because of the fact the air conditioner had not been turned on. Minu~tes of Regular Meeting o.f Ma~ 2~, .1976 Mr. Lambert made a motion that the minutes be accepted as pre- sented, seconded by Mr. Reiser. Motion carrie4 5-0. Minutes of Spec%a! .Meeting of May 27, 1976 Chairman Kelly commented that they expected to have the City Attorney, Mr. Reed, present tonight, but he talked to him this afternoon .and he is unable to attend. He read the Board's min- mtes and observed there apparently was not anythimg major. He informed Mr. Reed of the three wor~s and advised they needed an interpretation of the meaniag. He noted agaia the three items they were te discmss with ~. Reed. He added that the ordinance was passed on first reading at the last City Council meeting. It will not come up for second reading matil the july 6 meeting of the City Council becamse of the necessity to advertise for public ~hearing. Mr. Lambert stated that Mr. Ree~Jaad imformed him that the word "new" was dropped on the first reading of the ordinance submitted to the City Co~mncil per the Boa~d's sugges- tion. The members agree~ to sit tight and wait to hear from Mr. Reed. Mr. Lambert added that he knew that Mr. Reed definitely reads the minutes and paid particular attention to the things they questioned and he will be happy to answer them. Mr. Ryder made a motion to adopt the minutes as submitted, seconded by Mr. Lambert. Motion carried 5-0. MI1~JTE$ PLANNING & ZONING BOARD PAGE TWO J~NE 8, 1976 Chairm~, Kelly read excerpts from the article in the Sun Sentinel regarding the hiring of a Gity Planner. He advised that he spoke to Mr. Kohl and asked if he would be with the Board tonight and ~/~/?~ was told her start~en June 14. Mr. Ryder added that he would be attending the Board's meetings and possibly preparing input and would be a help to the Building Department also. Chairman Kelly then referred to discussing the memo dated June 3 containing the extraction from the City Council minutes regard- ing changes in the zeroing code. He explained that he had re- quested this from Mrs. Kruse since it would not be available mntil after the June 15 meeting. Mr. Lambert read the paragraph from' the ~utes referring to the protective buffer amd questioned the effect when it abmtte~ residential? Mr. Ryder stated he City Council meeting and did not realize there was where it abutted multiple family. Chairman Kelly state could interpret the Mayor's meaning in that it for the alley pro- would be more e: home owner, Mr. Lambert clarified except where it abuts mmlti-family and t. masonry wall. it states buffer insert ~ ft. do they put ¢-3 and resi- the way the minutes reflect, it open for anything else Mr. Ryder suggested cover where it o assured [ their remarks concerning :note. Mr. Winter then referred to the paragraph referring to the tying down of materials left on Ne aSked if this would be put im the code? Ne out that if they did not tie down the materials, there was no Mr. $¢hmidt explained that this would be covered by the bond. Ne explained how a day or two ahead of a hurricane~warn~, their assignment was to go to every tie If would it up an~ that the mot.any that know wh~ with the point and to the and they will possibly do bond. the people to he presumes they ~d out replied it is tied in this was a good mbers reading these minutes if necessary. Old Business MINU~S ~ANNING & ZONING BOARD PAGE T~ JUNE 8, 1976 Cogen Annexation Congress Ave. & S. W. 23rd Ave. Rep. - Charles Fronrath Chairman Kelly read a paragraph from the minutes of May 27 in reference to Mr. Fronrath calling him. Mr. Ryder pointed out that the zoning change and density were very important. Chairman Kelly suggested hearing from Mr. Fronrath. Mr. Fromrath referred to when M~. Cogen first made his appli- cation for zoning andrequested R~]. At that time, the Board suggested R-]AA instead. Mr. Cogen thought it might be possi- Ble and agreed, hut with the new zoning 10 ft. side setbacks are required versus ?½ ft. He explained how this land was costly to develop. His cost is going to run better than $111,O00 per lot. He does not want high demsity. Ne is look- ing for three homes per acre. Now, they are asking for R-lA, which will be far below what the land plan calls for in the County. The County will give 3½ to 4 in single family. On a PUD, the City did are asking for R-lA on this south parcel, acres, across from Mil~or.~ He ~ows there is a member on this Board who does not want ~3 on ¢iongress, but due to the loss they are going to have with the l~e, Mr. Cogen would be better with commercial. he is willing to bmild a wall with beautiful landsc make it a thing of Congress Avenue. They are asking for R-IA on the south t. Ee realizes that R-lA calls for a 60 ft. lot. His plans will require 67 ft. lots. It will be something on the order of Camino Woo~s, fior $50,000 and ~ly o~ Camino Woods to memk mew City ordinance will roe an area for a park. Mr. Lambert advised that he talked to Mr. Collins, Director of County Plamuing, and went over this with him. Under R-lA, it would fall in exactly what the County is recommending for that land according to Mr. Collins, opinion. It means this property does not decrease nor increase under R-lA. Chairman Kelly added that this would comply with Item NO. 2 which ~myor DeLong requested action on. Mr. Fronrath continued that he planned to have a gate watchman. It will be a community with an organization to mow the lawns, attend the lakes, etc. It will be a thing of beauty. Mr. Ryder clarified that his objection was to having homes ·ace or back up on Congress Avenue. Mr. Fromrath informed him that a buffer area of trees, shrubs and a wall was planned. Mr. Winter pointed out with a buffer wall, there would not be am entrance into the property from Congress Avenue and Mr. Fronrath replied that he did not think he wanted an entrance from Congress Avenue. Mr. Ryder continued that he was still MINUTES PLANNING & ZONING BOARD PAGE FOUR JUNE 8, 1976 interested~Jwhether be~ides just the wall and vegetative buffer if there would be something to set the homes back and Mr. Fronrath replied that they didn,t want homes to back up to Congress Ave. There will be a buffer area of landscaping. He could not sell hOmses along Congress Ave. Mr. Ryder re- ferred to coming to a decision on the zoning and stated as far as treatment, he would like to reserve that until they see the site plans. Mr. Ryder then asked if they had established formally the zoning for both tracts and Chairman Kelly replied that as far as he knew, the City Council has not accepted a~y recommendation on the zoning as yet. He believes Mr. Fronrath contacted the Building Official and word was passed. Mr. Schmidt informed him that his instructions were te remind the Board that the density prescribed by the County for this area is 4½ per acre and they cannot upgrade nor downgrade it. Mr. Winter agreed it could not be increased nor decreased unless they make a request to the County. Mr. Fronrath informed them that he talked to the County Attorney, Mr. Libertti, amd Mr. Collins and was advised that according to the statute they would have a problem if they imcreased the density, but would have no problem if they decreased it. Mr. Winter agreed that the statute stated they could not increase for two years and then it was up to the City Council whether they wanted to change the zoning. Mr. Lambert referred to the County figure of 4½ and questioned where this came from? Ne was told 3½ to 4 uni~ this afternoon by Mr. Colli~s. Mr.~Fronrath agreed he was informed 3½ to 4 by the County and referred to the letter from Mr. Collins. Chairman Kelly suggested that Mr. Fronrath ask for confirmation in the form of a letter to have ready for the City Coumcil and Mr. Fronrath agreed. Mr. Ryder then asked about the plans for the northern tract and Mr. Fronrath informed them that they wanted to lea~e it the same as before with C-3 tea depth of 335 ft. On this tract, there will be a larger lake with a boat ramp. Taey wa~t R-lA for ~his ~ract also. Mr. Ryder clarified they were requesting R-lA for both tracts except for the commercial on the north tract. Mr. Ryder asked if the necessary forms ha~ been filched out and Mr. Fromrath informed him the original application had been in for over a year. He explaine~ that he had it deleted from the last Council meetimg and the Mayor suggested coming back to this Board with the R-lA ~equest1. The original application is still active. Mr. Lambert asked the approximate number of dwellings is the south tract and Mr. Fromrath informed him there would be approx- imately 220, a little under 3 per acre, and the same in the north tract. ~. Lambert asked about the area set aside for MINUTES PLANNING & ZONING BOARD PAGE FIVE JUNE 8, 1976 recreational purposes and computed 2½ acres for each tract. He then fully explained the formula for computing the recrea- tional area. Mr. Fronrath informed him that they would follow the formula and definitely want recreational areas. Mr. Ryder made a motion to recommend to the City Council appro- val of the request for the zoning requested by Mr. JoseDh Cogen along the following limes: South tract, which is bounded by Congress and23rd Avenues, be zoned R-tA. Meees and bounds: approxi- mately 1997 ft. fronting on Congress Avenae and approximately: 201~ ft. on23rd Avenue. Total area of approximately 86 acres, which does not include approximately 5 acres in the southwest corner. North tract, fronting on Congress Avenue for a dis- tance of approxim~_tely 2663 ft. and on 23rd Avemue approximately 2016 ft., fronting on Congress for full extent and running west 335 ft., excluding dedicated right-of-way for Woolbright Road and less a Strip approximately 2016 ft. runming west a~d ft. running along Congress Ave., Also to be zoned C-3 the area north of Woolbright Road facing approximately 172 ft. on Congress Avenue and the approximate 1 acre parcel to bE lying ft. The R-I~ ! west to the City for a water tower, 30O Dst approxi- 173 ft. 80 acres, to be zoned south of Woolbright ~reae ~e above fled om the Sc is more specifically identi- 9/26/75 prepared by , Inc. per Order Nos. Mr. Winter seconded the motion. Under discussion, Chairman Kelly requested that the record show that the above noted survey ~ketch was given to the Deputy Building Official to be kept with the rest of the papers in the file. Mr. Ryder asked if it was nec- essary to include in the motion the matter of density and Chair- man Kelly replied that the applicant would abide by the density discussed earlier and if necessary, obtain a letter from Mr. William G. Collins, II, Director of Planning, Palm Beach County. Mr. Lambert referred to them being aware that written approval was necessary to raise or lower the density. Mr. Fronrath im- formed them that he would get written confirmation that this con- forms with the County. Motion carried 5-0. MINUTES PLANNING & ZONING BOARD PAGE S IX JUNE 8, 1976 Other Mr. Winter requested a copy of the City fire code for his own information. Mr. Schmidt i~formed him there were approximately 12 publications covering this. Chairman Kelly suggested that he discuss this with the Fire Marshall. Chairme_~ Kelly then asked if they wanted to discuss the Subdivi- sion Ordimance tonight. Mr. Lambert suggested waiting until the next meeting when the City Planner was present and the remaining members agreed. Mr. Ryder asked if they were to take amy action on the City Council's recommendations and Chairman Kelly replied that their comments made. previously would be read in these mimutes by the Council members. He believes they will do whatever is~uecessary. The City Attorney has been directed to correct these and they are mot waiting for amy reco~mmendations from this Board. Mr. Schm!dt referred to the 6 ft. masomry wall being a permanent structure. He pointed out that there were usually easements property and a permanent strmcture is not allowed on am easement. If a masonry wall is required, it must be set in from where the easement is. Chairman Kelly agreed this was a good point amd referred tO the Council members reading these minmtes and taking this imto consideration. Mr. Ryder informed them that he lieved that they agreed at the C.A.B. meeting last night that the at, Leisureville would not construct a masonry wall ~ cause damage to the Australian Pines and erect a 6 ft. cypress fence. ~djourn~ment Mr. Winter made a motiom to adjourn, seconded by Mr. Reiser. Motion carried 5-0 and the meeting was properly adjourned at 9:15 P. M. Respectfully submitted, Suzanne Kruse Recording Se¢~retary (~wo TapeS) AGENDA PLANNING AND ZONING BOARD Regular Meeting Date: Time: Place: June 8, 1976 7:30 P.M. Council Chambers City Hall 1. Acknowledgement of Members and Visitors. 2. Reading and Approving of Minutes. 3. Announcements. 4. Communications. 5. Old Business: 1. Cogan Annexation Congress Ave. & S.W. 23rd Ave. Rep., JosePh Cogen Bermuda Club 6. New Business: Rev. 3/19/76