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Minutes 05-25-76MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA T~SDAY, MAY 25, 1976 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairmam Richard Lambert Louis Reiser Simon~yder Garry Winter E. E. Howell, Bldg. Official ABSENT Fred Kostner, Vice Chairman Otis Walker (Excused) (F~emsed) Chairman Kelly welcomed everyone present and called the meet- ing to order at 7:33 P. M. He then introduced the members of the Board and the Building Official. Minutes of Ma~ J 11, 1976 Mr. Ryder referred to Page 7, second paragraph, and stated it should be~ "domino" effect instead of dominal. Mr. Howell referred to Page 12, second paragraph, and requested that "either R-3 or, be deleted as they were only talking about C-3. The remaining members passed. Mr. Ryder moved that the Minutes of May 11, 1976, be adopted as corrected, seconded by Mr. Reiser. Motion carried 5-0. Chairman Kelly announced that he was told this morning that the City Attorney was going to try to attend this meeting as there was a likelihood he would have the non-conforming docu- ment ready for presentation. Mr. Howell informed him that he did receive thi~ document in his mail this evening, but he has not had a chance to read it. Chairman Kelly replied that he would obtain copies of this for the members and suggested havimg a special meeting to study the document. Chairman Kelly read the attached letter dated May 16, 1976, from Mrs. Herbert H. Rode regarding the Fairlane Bowling Cen- ter. Ne advised that he did not reply ~ither by phone or letter and he does net have any intentions of doing so. If these people wish to have anything changed regarding zoning, there is ~n established procedure.. Mr. Ryder referred t? the two procedures with either the oWner or City requestmmg it amd these people are not either. ChairmanKelly suggested that theY talk to the owner of the property and Mr. Ryder MINUTES PLANNING & ZONING-BOARD MAY 25, 1976 PAGE TWO replied that it wasn't practical. Mr. I~yder continued that the previous zoning was C-I and it is new C-3. ¢-1 did not permit a bowling alley. I~ the general rezoning, this went from C-1 to C-3. Ne understamdsFairlane Properties owned the land in 1974 before the rezoning aud could not put a bowling alley en it. Ne doesnot think the people were aware of the consequences of C-3 zoning. He explained how~the gen- eral rezening was not done like Chairman read the attached letter dated May 19, 1976 from. R rs Hode regarding Fair LanesBoynton Beach Properites. He then referred to the public hearings held on January 28 and 29, 1975 regarding the general rezening ~_~d how the people from Leisureville had ample representation at these mee He also referred to Mr. Garl Zimmermam and Mr. Simon be~ from Leisureville. There are ret file re these Fmblic.hearings ~d the peeDleinLeisureville were notified about the change in zen- ing. He any necessity for answering these letters. He then to the request for rezening and pointed out _ howI this would c spot zOning,~ Ne believes the major ity of the Board be opDoSSdmeVen if au application, came from the property. with attention. out owner ha~ declared m~ intent to % It was C-1 before and could have Been Chairman Kelly declared him out of re. communications to be read and Mr. Ryder disagreed order in that this was brought to their 01d BU~.miness Final Subdivision Plat Map Lake Worth Mariner Village Wilm Way (Willard Road) Rep. - Paul Conte Florida Coastal, Imc. Mr. Paul ¢onte appeared before the Board and introduced Mr. Rude, his supervising architect and adviser, and requested that any questions Be answered by him. Mr. Ryderreferred to having a request for rezoning and asked separately? Chairman Kelly suggested plat before considering rezoning and Mr. Relier and Mr. Winger agreed. Mr. Lambert requested a little Background on this subdivision. MIN~TF~ PLANNING & ZONING BOARD 25, 1976 PAGE TEREE Mr. Conte informed the Board that they purchased this property 14 to 15 months age. Originally this subdivision was zoned and financed for 99 tew~houses. The market changed and a request was made to the Board for 48 villas, and then another plan presented for 4~ villas. They came before the Board about mine monthsago ~ith a plan for single family homes. The Beard.requested that everything be ready such as engineer- ing plans, working plans, etc. They have now received a permit from the'Corps of Engineers and have met every code. He thinks they are ready to proceed with the Board's approval. Chairman. Kelly added that he did come back a few times because he did not have the opportunity to meet with the City Engineer, etc. with all the departments now. the 39 lots and Mr prints. what stage the City departments aud the Lake Worth Mariner Village and Mr. it has been tentatively approved with Conte added that they now have the complete Mr. Rude referred to a question Being asked before the meet- ing pertaining to access and advised that access was on N. E. 12th Avemue and on N. E. 7th Street off of N. E. loth Avenue. This was discussed by the memblers and representatives amd also the situation regarding Ryder Road. Mr. Ryder also brought out how it showed the individual lot owner owning part of the read. There was discussion regarding this and Mr. Ryder stated he was concerned about the people on the north side of the street and Mr.~Howell informed him there was a Florida statute stating where there is a private road which is the onlyi access to an owner,s property, that owner cannot be denied using that road. Mr. Lambert then referred to the actual Bui~dable lot area in that theproperty line included the road:. Mr. Conte in- formed him that each lot would be 6,000 sq. feet or more ~er the code. Chairman Kelly referred to the application requesting single family home zoning. He explained how a specific single family zone must be applied. He believes the applicatiom should read R-1 in conformance with the lot size of 6,000 sq, ft. minimum. Mr. Conte agreed. Mr. Ryder asked if he would adhere to the setbacks of R-1 and Mr. Conte replied: yes. He them asked the difference between R-1 and R-37 Mr. Howell informed him that single family residences could Be Built under R-3, But theymmust comply with the R-1 set- Backs. Chairman Kelly read Section B regarding single family dwellings under R-3. Mr. Lambert referred to Lot 36 and this not meeting the 6,000 sq. feet minimum. Mr. Conte informed him that this let goes to the center of the canal. Mr. Howell agreed that when this was tentatively approved, the Board approved the lots going te MINUTES PLANNING & ZONING BOARD MAY 25, 1976 PAGE FOUR the center of the canal and with this comnting as laud area, it would give them the required footage. Chairman Kelly re- quested that he show the print approved by the Engimeerimg and Public Utilities Departments and Mr. Howell did and ex- plained how the lots did go to the center of the canal and the street. Mr. Ryder questioned how close they could Build to the canal, what the rear setbacks should Be, and he also referred to Lots li6 and 17. ChairmanKelly clarified that Le~s 16 a~d 17 were cul-de-sac lots. Mr. Howell stated that due to the mature of this project and this having Been tentatively a~- proved by the Planning & Zoning Beard, he did tell Mr. Comte that the Building Department definitely wanted the Planning & Zoning Board to stipulate a minimum of ~5 ft. rear setback from the high water line and a front setback ef 35 ft. from the eof the street. He also noted the lots om the cml- These lots on the cul-de-sac were further. Mr.' Howell suggested some kind of setback from the edge of the c~ Mr. Ryder referred to the being and suggested e front setback the width cul-de-sac. Mr. 'Comte had offered to take ale setback aroumd the cul-de-sac from the edge of the paving and Mr. Ryder re~lied that this would be adequate. Mr. Ryder stated he was still concerned about the access. He referred to the 20 ft. private roads. He a~certained that the ma. points were from ?th ~t. and loth Ave. and that everything was private streets main- rained by this development. Mr. Conte agreed. Mr. Lambert referred again to the ~ro~erty lines running to the center of the canal and Chairma~Kelly explained how this had bee~ done previously in Lake Eden. Mr. Lambert asked if there was anything in the code book about this? Mr. Howell allowed them tc canal, since they anything tioned of ~ing a lake. about ~ts at Lake own the bottom land, but: do not have the building setback line should be required how the Board had previously ~o ~the cemter of the it. He does:not believe there is cannot be included. N~.Lambert ques- ~nd and referre~ to the possibility lh~ aimed further Mr, they would to fill it. MINUTES PLANNING & ZONING BOARD MAY 25, 1976 PAGE FIVE not thimk Mm. Cente meaat to make a rezoniag request. He Just~ wants the plat approved to build single family homes. Chairman Kelly stated it would be easy to process as R-3 and allow single family per this plat. and Mr. Lamber~added that to change zoning, a public hearing would be required. Mr. Conte atated that he wanted to build single family hemes in the R-3 zome. Mr. Ryder clarified that the buildiag and site regulations would confers to Section 5-2(b). Mr. Ryder referred to this being a subdivision and questioned if it had been correlated to the proposed guidelines and Mr. Howell informed him that Mr. Clark is submitting a subdivision and has taken that into account. He added that the motion should stipulate that the rear setback line must be 15 ft. from high war. er line and ft. front setback from the center of the of the cul-de-sac and in that area, be 10 ft. from the cul-de-sac right-of- way. He explained how this would make everythimg clear. Mr. Ryder made plat submitted for Lake Worth indicated on Sheet 1 of 2 ineers, Joh~A. Graut, INC., Boca on May 4,'1976, by Notary Public, ~dgar to be developed in single family homes in the R3 zone in accordan~ the R-1 Uirements per Sectiom of 15 ft. in the high Water line road with will be mended the motion ; front from the center of the of cul-de-sac and in that area cul-de-sac right-of-way, be recom- Council or approval. Mr. Reiser seconded carrie 5-0. New Business Pre Gulfs' geutheast Rep. - ~dIvision Plat Map Avenue Construction Mr. Joseph Barb.araappeared before the Board and stated his name and his address as 2560 '$. W. 11~h St. and that he was the Vic~ President of Lin-Bar Construction. He then imtro, duced his.Consultiag Engiueer, Mr. James Carlton, 2750 Okee- chobee Boulevard, WeSt Palm Beach.. The location of this subdivision was discussed and located on the zoning map. Chairman Kelly noted that it was zoned R-lA and R-2. MINUTES PLANNING & ZONING BOARD MAY 25, 1976 PAGE SIX Mr. Lambert asked if this preliminary plat complied with the requirements in the code book and Mr. Howell replied that it did contain all the information required. Chairman Kelly.read a memo from Tom Clark dated May 18 to Bud Howell advising that the drawings were approvaa By the Engineerimg and Utility Departments subject to revision of a few details. The members then reviewed the plans. Mr. ~yder referred to 50 ft. streets being noted and Mr. Howell informed him this was the minimum acceptable. Mr. Carlton explained further the seven sheets presented. He stated they were looking for preliminary plat approval in accordance with the zonimg code of Boymton Beach. He added that the staff from the Engineer- ing and Utilities Departments have responded favorably. Mr. Ryder referred to 6,000 sq. ft. lots and Mr. Carlton in- formed him it would Be a single family development and would conform to the map of R-lA and R-2. Mr. RyderaSked what was Being built i~ the R-2 section and Mr. Carlton informed h~.m it would Be single family and they will abide by the zoning controlled by the land in that Zoning, Mr. Barbara added that R-1 would be 6,000 sq. ft. and R-2 would be upgraded to R-l. Mr. iLambert asked where the zoning was ~ivided in this subdivision and Mr. Carlton noted the approximate dividing line on the plat. Mr. Ryder asked if the sewers were existing and Mr. Carlton explained ~how they would tie into the existing City sewer line. Mr. Lambert asked if this had beem before this Board before. and Mr. Carlton replied that this was a new submission by a new owner of a new development. Mr. Lambert asked if this had been through the department heads other than the City Engineer and Utilities and Mr. Howell replied that he under- stood that it was approved before, but the time limit ran out. Mr. Carlton agree4 tha~ this parcel was with the only differ- ence was that it had 80m~ft. cul-de-sacs and now ~O0 ft. cml- Also, Mr. Cessna and Mr. ~lark imposed new reguirements and these have ~een included in this submis- sion. Chairma~Eellycclarified that it was before the Plan- ning & Zoning .Board abomt two years ago, bat the developer did not go ahead with the development and it is back with new people now. Mr. Winter mad, submitted for dated May 17, cil. Mr. Ryde~ this project ~ tions as zoned~ motion. Metio~ a motion to accept the preliminary plat as ~ul£streamEstates by Lin-Bar Construction 1976, and' recommend approval to the City Court- suggested amending the motion to inclmde that [ll be developed under R-~A and R-1 site regula- Mr. Winter. agreed and Mr. Reiser seconded the carried 5-0. MINUTES PLANNING & ZONIN~ BOARD Property' Renovation Sea Mist Marina Boymton Beach Fishing Center Rep. - Janet Hall Sea Mist Marina Mrs. Janet Hall appearea before the Board ~md introduced Mr. Mark Handler to amswer questions. She referred to the pla~s being displayed on the table for the members' review. Mr. Lambert questioned why this renovation was before this Board and Mr. Handler explained how this was required by the zoning requirements. Ee stated that his pmrpose was to ac- quaint the Board with the plans. He showed a rendered site plan and elevation. He explained that the site plan was a prelimimary site plan submitted to the Builddmg Department and reviewed by the Engineering and Utilities Departments. He pointe4 out the existing buildings and facilities and pro- posed additions and renovations. He explained the proposed plans thoroughly. Mr. Howell suggested explainSng how the parking requirements were calculated and Mr. Handler stated that in examining the ordinance for parking requirements, they were clear in regards to square footage ~_nd also in marinas, but no consideration1 was given to dry storage and they have never been confronted with dry storage facilities. He explained how they had cal- culated the physical design and e~gtneering liabilities ef the system. He explained how 85 to 90 boats womld be handled per day and they allowed 100 parking spaces in addition to the parking requirements for this. They felt this spproach was reasonable. This site shows 111 parkimg spaces on this pro- perty and they have stated on the plam and in discmssions that 40 effstreet parking spaces will be provided on adja- cent land. Mrs. Hall added that they would lease the land to the west for this purpose. Mr. Howell clarified that they were meeting the parking requirements as far as the other bui~ this was the only way they comld calculate the parking dry storage facility. However, there could be one problem with the ad4itional parking with it beimg on leased land, the Board must state what kind of lease is required. He explained this further. Mrs. Hall added that they must what would be a reasonable length of time. ChairmsmKe questioned what kind of term she was talking and Mrs. that it was not pinned down. She is waiting to see the reqmirement. It is difficult to ask the owner to go for~more tham two five year terms. Mr. Howell asked what ki~d ef plans she would have at the end of the MINUTES PLANNING & ZONING BOARD MAY 25, 1976 PAGE EIGHT actually I00 parking spaces will be adequate as the percent- age using boa~s i~ l0 to 12%. Mr. Lambert questioned why parking couldn't be provided in a particular area Md Mrs. Hall informed him that they would have to back out .into the public street. The par~king was discussed further. Mr. Ryder asked wha~tin~ut they had received from the various City Departments and Mr. Howell informed him that it has been Before Mr. Clark andthe Utilities Director and they requested a loop water line. Also, they will have ~o meet the fire mar- shall's requirements. They have reviewed it as a preliminary. Mr. Ryder asked if there was any comment on the parking smd Mr. Howell replied that they signed the tenta$ive plan. Mr. Lambert asked where the parking figures had come from and that on the storage there was nothing zoning code. It was on their figures of how would go into the water on one day. Mr. Handler further hew the planners had researched this at other storage facilities. Mr. Howell suggested that if the Board wanted to go along with the ten year land lease on the parking, they sSeuld stipulate that at the cad of te~ years, they must provide a second story to meet the parking as required. Chairman Kelly referred to there net being any problems previously at this location with parking. Mr. Lambert stated he did not like imposing such a sti~mlation with reference $o this lease. Mr. Winter stated he did not like to make a stipulation like this and is in favor of what is shown~. Mr. Lambert referred to the parking spaces per boat slips and Mr. Handler informed him there were actually 40 parking spaces with 26 slips. Ne added that the additional 71 parking spaces shown were for the storage facility. He read how the parking was calculated for the entire site with 151 total spaces with 111 on site. ChairmaaKelly referred to how often boats were taken i~ and out and Mr. Handler read their s~rvey results on this. The parktag was discussed further. Mr. Ryder asked what the building code requirements were in reference to metal build~s and Mr. Howell informed him there were restrictions, bmr with the sprin$1er system, it is within the code. Mr. Na~dle~ added that Mr. Howell had also noted that the other buildings mmst be 30 ft. away mad it is planned that way. M~. Lambert stated he wanted to make sure that it was noted that the parking is not coming away from any established there and that there are 60 spaces for the storage ~uilding itself. Mr. Howell stated that there are 60 spaces for the boat stor- age besides parking for the other buildings. He referred MINUTES PLANNING & ZONING BOARD MAY 25, 1976 PAGE NINE to how it was calculated. Mr. Lambert referred to the possi- Bility of setting a precedent with this and Mr. Howell agreed. Mr~ Winter made a motion to recommend to the City Council to accept the proposed plans ef the Sea Mist Marina~for the renovations of the property as submitted. Mr. Lambert seconde~ the motion. Motion carried 5-0. ¥~. Howell referred to the motion Being to accept the plans as submitted and questioned if they were to supply the addi- tional parking on the adjacent land smd ~.~r. Winter replied that it was not in¢lude~. Mrs. Hall stated that the pla~ would be corrected to read 111. Mr. Lambert added that they did net want to impose the terms of the lease. Other Chairman Kelly referred to his announcement regarding the non-conferm~mg document and he suggested they have a special meeting to discuss this and the proposed subdivision ordi- nance. He added that he thought it was important for the entire Boa~d to Be present. After discussion, it was decided Chairman Kelly would call the members after obtaining the informatio~ amd establish a date as quickly as possible for a special meetinE. Adjournment Mr. Reiser moved to adjourn, sec~nde~ B~ Mr. Ryder. Motion carried 5-0 smd the meeting was properly adjourned at 9:43' P. M. Respectfully submitted, Suzanne Kruse ~ec ording Secretary (Two Tapes)