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