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Minutes 06-10-75MINUTES OF THE REGULAR MEETING OF THE PLANTING & ZONING BOARD NELD AT CITY HAIff~, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 10, 1975 AT 7:30 P. M. PRESENT Co1. Walter M. Trauger, Vice Chman. Mrs. Vicki Castello Mrs. Marilyn Hmckle Emric o Rossi Oris Walker ABSENT Joseph T. Kelly, Chairman (Excused) Jack Barrett, Buildimg Official Vice Chairman Trauger called the meeting to order at 7:45 P. M. amd announced he would act as Chairman, since Mr. Kelly was in the hospital. He introduced the members of the Board and Mr. Barrett, the Building Official and Acting City Plan- ner. Ne welcomed Vice Mayor DeLong and Councilmau Strnad and added if there were a~y others his visio~ did not see in the crowd, he humbly apologizes for not recognizing them. He stated he was sorry the public address system was not working, but hoped everyone could hear him. MI~JTES Minutes of May 15,. 1975 Chairman Trauger noted only three members were present tonight, who attended this meeting. Mrs. Huckle moved to table the minutes of May 15, until the members were present to consti- tute a quorum. Mrs. Castello seconded the motion. Motion carried 5-0. Minutes .of Ma~ 2,7, 1975 The minutes of the regular meeting of May 27 were read. Mr. ~alker moved that the minutes of Tuesday, May 27, be approved as presented. ~s. Castello seconded the motion. Motion carried 5-0. OLD BUS INFerS Chairman~ Trauger asked if there was any Old Business not dis- posed of properly by the Planning & Zoning Board and received nO response. NEW BUSINESS Parcel #2 - Abandonment of a 30 ft. by 1,304.8 ft. road right of-way easement 'separating tracts 34 and 64 from tracts 35 and 62 as shown in the Palm Beach Farms Co. Plat No. 8 as recorded in Plat MINUTES PLANNING & ZONING BOARD PAGE TWO JUNE 10, 1975 Book 5, Page 73, Public Records of Palm Beach County, Florida and located i~Section 30, Twp. 45 South, Range 43 East Applicaut - School Board of Palm Beach County Mr. Barrett advised them that releases from the various utility companies had been received. He added that apparently there was nothing in this right-of-way and there~would be no use for it as far as all are concerned. Chairman Trauger asked if amy member of the Board had a~y co~ents in reference to this abandonment. Mr. Rossi asked if the abandonment was on a continuoms strip of land and M~. Barrett replied: yes and re- ferred to the plat. Mr. C.arey Leekma~ stated his name and that he was the Real Property Mamager for the School Board. He informed the Beard that this was the site for the Beynton Beach Middle School. The .City has no plans to use it. They want to own both sides of the road. The front parcel is I.T.V. and they now own the back parcel. This right-of-way separates the two parcels of land. Mr. Barrett added that Mr. Lockman had a survey if a~y member desired to see it. Mr. Phillip Asher stated his name and that he was the School Board Attorney. He added that they own the property on both sides of the right'of'way and need the abandonment to fully utilize both properties for the school. Mrs. Huckle noted they didn't have anything fromFlorida Power & Light. Mr. Lockman advised her that they did check with F.PoL. and there were no objections. Mrs. Huckle stated they did not have this and Mr. Rossi asked if there were re- sponses from Southern Bell and Florida Public Utilities? Mrs, Huckle replied that she didn't see anything in.her docu- mentation. Mr. Lockman informed them that the F.P.L. easement goes along the front of the property along Congress Avenue. Mrs. Huckle stated they did not have amything stating this. ~. Barrett fomnd a letter from F.P.L. and showed it to the members and then he also foumd one from Southern Bell. Mrs. Huckle remarked only the Vice Chairman amd Chairman only re and not all~the members. She added that as long as the have documentation, they are all set. Chairman Trauger asked if there were a~y further qmestions and received no response from the members. He then asked if there were any comments from the public either against or for this abandonment and received no response. Mrs. Caste!lo moved to recommend to the City Council the do~memt of the 30 ft. by 1,304.8 ft. road right-of-way ease. ment separating tracts 34 and 64 from tracts 35 and 62 as MINUTES PLANNING & ZONI~G BOARD PAGE THREE JUNE 10, 1975 as shown in the Palm Beach Farm~ Co. Plat No. 8 as recorded in Plat Book 5, Page 73. Mrs. Huckle seconded the motion. Motion carried 5-0. Parcel #1 - Abandonment of W~est 30 ft. of 6 ft. Public adjacent ft. of 6 ft. Public Utility Easement running parallel to with. North line of Lot 4 Mission Hill, Recorded in Plat Book 24, Page 178 Palm. Beach County Records Applicant - Dr. O. Alan Jared Chairman Trauger asked for Mr. Barrett,s comment and Mr. Barrett replied that he thought it was.self-explanatory and each member had a copy of the easement. Chairman Trauger asked if there were any comments or question~ by the members of the Board. Mrs. Huckle asked the purpose for requesting this abandonment. Dr. O. Alan Jared stated his name and informed the Board he was reqmesting the abandonment of this easement between his two lots. ChairmauTrauger asked if his house would cover the easement and Dr. Ja~ed replied that he wanted to extend his home and the addition would cross the easement. Chairman Trauger noted all notices from the utility companies were received and Mrs. Huckle referred to a memerandmm pertain- ing to these. She noted there was an existing abandonment on Part of this property and questioned if he desired to ex- tend the abandonment of the easement and Dr. Jared replied this was correct. Chairman Tr. auger asked if the members had any other questions for Dr. Jared and reseived no response. He then asked if any- one in the audience wished to speak in reference to this ah~m- donment and received no response. Mrs. Buckle moved to recommend to City Council the abaton- merit of the easement in Lots 3 and 4, Mission ~ll, Block recorded in Plat Book 24, Page 178, Palm Beach County Records. Mr. Walker seconded the motion. Motion carried 5-0. Village Royale on the Green Re: Parking and open area. Present parking and open area is not in conformity with original plan as approved by Planning and Zoning Board. Chairman Trauger asked Mr. Barrett to brief the Board on the position as presented on the maps. Mr. Barrett stated that apparently over a period of time, there had been spaces allo- cated to certain a~artmentm at Village Royale and in some instances the Spaces - At this point, members of the audience MINUTES PLANNING & ZONING. BOARD PAGE FOUR J~E t O, 1975 interrupted saying they could not hear Mr. Barrett. Mr, Aranow ~dded that this was strictly unfair, as he was sit- ting in the front row and could not hear Mr. Barrett talk- ing. He feels they are entitled to hear him. Chairmau Trauger Stated the public address system was not working and he was sorry. A person in the audience requested Mr. Barrett to stand up and talk. Chairman Trauger stated that ¥~. Barrett's voice did not project and he would try to re- peat Mr. Barrett's expl.auation. Mr. Barrett proceeded with expiating to Chairman Tramger. Chairman img spaces as specifically to a~y development, they are her of spaces~ On the are 106 parking He would like to that as he understood, the park- built were not allocated On the west side of the short of the required hum- of this development, they short of the required built into this project. Royale their meth~ of of I. spaces per apartment. Mr. Jerry this time, Royale is about six ago and have do have have Beard take tunity to they w: re Conv eno having pe there is not see he the on the , can do it and that he was the attorney He informed the Board that at 'to recap Just how ~llage They were asked to prepare the survay it about three wee~ks with Mr. Barrett. They t in all the parking spaces re- on the east and west. They to present this to their would like to propose that this until they have the oppor- plan for the parking which in VillageRoyale and then At the present time without edge in this area and since to do this, he does be hodge-podge parking. At this point, the audien, the front row calmed them sitting right in the front~ out o~ order and a man in stating their spokesmen were were working for them. Mr. Gross continued that original site plan did show enough parking, but they present the plan. in more vivid detail to show what they to do. There has been some objections to what they What he is driving at is that he would like to move adjournment er postponement of this meeting until they get some plans in detail from professiomal people. MINUTE~ PLANNING & ZONING BOARD PAGE FIVE JUNE I0, 1975 Mr. Rossi clarified that they were talking about missing park- ing spaces and asked if they would be the, same as the plan originally presented and Mr. Barrett replied: Huckle asked if buildings had Been added mince the original plans and Mr. Barrett informedher that they had changed the orientation of the buildings. Mrs. Hmckle asked how they were able to get C.O.'s and Mr. Barrett replied that the in- specters were not familiar with the orientation. Ne contin- med that it is a vast area and the lines were not shown. When~ ~he orientation was changed, the inspectors were not aware of it. Mrs. Nmckle asked if they had any way of know- ing how ~een i~ or not in conformity and Mr. Barrett he didn't know. Mr. Walker asked if the :now and Mr. Barrett re- results of the survey, Mr. Walker asked Ar fr a site At this point, Mr. t think this Beard had ~d him that of~'the Beard had the was put on the it was for the Will ask for make recommenda- been deviated to see if they make recom- Mrs. dto them simply to parking presenta~ive of sole appear t~e by st~ the reason or mit this dic is being sued, ShOW ~ ~ an' his name and his address as 2520 informed the Board that he was the re- Royale on the Green and he is the alternate, Mike Ru~in, authorized to ~ Royale. He feels this Beard does not have ;o hear what he presumes is an application appeal before them. He can find no Planning & Zoning Rules and Regulations Board has passed on the plans filed and by the City¢ouncil, there is no in. the regulations which would per- back. He is out this juris- feels the Zoning BOard or Village Royale? The very Mr. Gross as to , how the C.O.'s were is- inspectors not know what they this. Mr. Barrett what the ey was going to What violations the Builder did MINUTES PLANNING & ZONING BOARD PAGE S IX JUNE 10, 1975 have. The plan that was submitted and which they are talk- ing about now is a survey which was drawn By Village Royale at the request of Mr. Barrett. This smrvey shows more than what Mr. Barrett said. It shows there is a shortage of park- ing spaces and there was from the beginniag. As a matter of fact, there was a shortage of parking spaces on the original plan submitted, on that plan toe, ~he~also have other parking w~th badroofs, bad catwalks, bad roadways, etc. }~. Barrett has told him they could have dirt .roads if they wanted to, but the regulations state spaces must be hard-topped and~ they are full of entitled to appear before a , but others. he says they are now to ~mOVer the fact that ~.'s were illegally has considered the ¥itlage Royale. It stuck.. Is there anythiag ia the of Adjustment Rules and that states that once the )lansand made recommenda- He not appl! for it to come before this t~ it s~ know. ~ Board. Mr. Gross appeared before the Board again and stated as far as he was concerned, the principle purpose of this meeting tonight was to consider the issue of parking. He is address- ing himself to that. He told this Board initially when he stood before them that they would put ia all the parking re- quired. They are going to prepare~,plans with several alter- natives, they have considerable vacant land to put in Parking and he can show on the survey where it iai. As he stated ori- they want to have someone professional plan the park- to the needs best. They will pu~inl½ parking spaces for ia Village Royale. They will meet the code do it in a slap-hazard-way or can do it in an orderly .on. They would like to do it orderly and not in a kangaroo court. Chairman Trauger clarifie~ they were in a.position to try to assess a recommendation before it came before the City Coun- cil. Mr. Barrett agreed and added that he was not using the Planning Mr. Aranow stated they were trying to cover .ilding Department. Ohairman Trauger referred to the agenda and read the reason for the .hearing as listed, He stated that he did not recall nor know when this was but they serve as a recommending body to the ~ouncil. Board tries to review a plan to bring it in conformity with the code. Mr. Aranow asked him to point out where the authority, after it passes the City Council, comes back to this Board. Chairman Tramger replied MINUTES PLANNING & ZONING BOARD PAGE SEVEN JUNE 10, 1975 that he could not cite from the regulations. He asked what would he their area of redress out of courts and Mr. Aranow replied that this was the kangaroo court he was. talking abo~-~. Mr. Aranow continued that there were 880 families in Village Royale amd there was not one really happy family, not even the relatives of the owners. This has been going on for over a Ne told Mr. Gross today that if he really wanted to se , he could come to them and they are willing to go halfway~ Chairman Trauger informed~ him this was not the intention of any court or trial. Hr. Aranow continued that he didn't see of 850 families should Be s~ject to the go into court for a law suit when provided for in the code. ~ Violations ~ why didn't the after them? The builder has stated where or This with- it, they are doing of the fire either fo Sl~ it to we and to t the Mr. if the plans Mr. ~d that that he an Mr. Aranow continued wi donated by Mr. Barrett. as they from~ Dan O'Brien. He Gross would give additions to and after a copy. Mr. piece of onion skin and · as built and Rossi vd out Barrett to show where He added this was not , he would never a piece of onion skin had a committee go to Mr. get a copy of the survey by Mr. Barrett that Mr. Gross told him that he had given to the Build- ~ioms were made, they would ~nd enough to give them a his pla~. He explained MINUTES PLANNING & ZON~G BOARD PAGE EIGHT JUhUE 10, 1975 that on the west side, there is Evergreen~at the bottom of the survey and to the left is a building called Greenbriar, next to that is a thing to provide 30 additional parking spaces. The Evergreen Building #1 has enough parking spaces of its own. However, in drawing this plan, they gave half the pa~rking spaces to Building #1 and the other half to Building #2. They have borrowed from Peter to pay Paul all the way down the line. They even cheated Paul a little at the same time.~ He then referred to the red spot where there was a green ef the golf course, which is ~100 yards or less and the Building Department proposes to spaces other consulting dated June shall be according time. on the green of the hole. He says no or builder has the right to put parking where it states so law, and they are short es Mrs. Huc~e stated she would like to make a comment. She feels~herself in all due respect to the Building Department and .all the people present, she does not feel this is an item for this Board. She feels this is an itemto be worked out by the Building Department and these people. She does not feel this belongs at this meeting tonight or any Plam- ming & Zoning Board meeting. Mr. Rossi stated that based on the information he had before him, which consists of two sheets of paper which is a ~urvey of what parking spaces are not related to a~y particular He feels this information is inconclu- sive. Evidently the developer has not stuck with the basic plam. He thinks in addition to what exists, they should be given a~ overlay of the original approved site plan to com- pare. He thinks they should come up with a parking scheme to meet the needs as they exist._ They should be able to fully understand the problem knowing how it got that way and how it exists. Between the developer, Building Official and repre- sentatives of the association, he thinks this matter could be straightened out. He doesn't believe this Board can do it tonight. Mr. Aranow informed him that he was told by. the Building Department that the original plans were not available and possibly may have been lost in moving. He would like to see a copy of them. ~, Rossi informed him that when a build- ing goes up, condominium documents must be recorded and Mr. Barrett agreed. -Mr. Aranow informed them that there have been amendments and amendments to the amendments. There have been changes in the plot of the original plan. Build- ing #2 instead of being north and south, is eamtaand west, etc. and he added that he could give examples by the hmn- dreds. Mr. Gross informed him that there were only 880 MINUTES PLANNING & ZONING BOARD PAGE NINE J~ 10, 1975 apartments and the original plan called for 1,100. The ori- ginal plan called for a certain number of units on the west side, which will not be built there. Mr. Aranow asked how did they know this amd added that if the buildings were built properly and according to the plan, there would have been no difficulty. Mrs. Huckle made a motion to take no action on this item. Mr. Walker seconded the motion. Under discussion, Chairman Trauger clarified there was a luggestion~ by Mr. Rossi previ- ously how to partly solve this, but the motion is to strike itiand only come back before the Planning & Zoning Board if it comes under their jurisdiction. Motion carried 5-0. Mr. Aranow informed the Board that possibly he caused a mis- take in the sending out of the notices amd that Buildings 10, 11, 12, 13 and 14 should be addressed to Mr. Irving P. Gross, President, Chairman Trauger advised him that the City Clerk should be notified of this request and itwould also be noted in the minutes. Mr. Aranow continued that he had nothing anyone on the Board and he would sincerely there was jurisdiction far this Board that he would be notified. ChairmanTrauger thamked him for coming. Chairman Trauge~ stated in the matter of thinking out loud andhaving listened to all this amd although they voted to take no action~ but since they are a recommending Board to City Council, he questioned if they should request the City CoUncil to take appropriate action to investigate this matter? He referred to the number of people, their statements, and an apparent or:alleged violation on the part of Village as submitted to the City. Mr. brought attention. He would rather have it investigated, agreed there were apparent Violations. Chairman Trauger moved after having noted~from this meeting from the number of people represented from Village Royale that there is an apparent or alleged violationfrom the original site plans and building plans as recommended for approval by the Planning &!Zoning Board and approved by the City Council; therefore, the Planning & Zoning Board recommends to City Council, if they deem it appropriate,to investigate this matter or drop it. .Mrs. Castello seconded the motion. Under ~. Walker asked if they wanted the City Council to actually appoint someone to check thisand Chairman Trauger replied that they should take whatever action they deem appro- priate. ~s Huckle stated she didn't agree. She doesn't believe it i~ their prerogative at all. It is in the minutes and she believes that should be the end of it. Mr. ~alker asked if she was aaying they receive a copy of the minutes MINUTES PLANNING & ZONING BOARD PAGE TEN JUNE 10, 1975 reason, h have it re and ~rs. Nuckle replied: yes.and they know exactly what they have done from the minutes. She doesn't believe this should have been on the agenda and then to tell the City Council what should be done, which is not even within their realm, will complicate the matter. She added that these were her personal comments. Chairman Trauger stated they did give these people the heard and since they did come and came in goo~ , he believes it should be called to someone's attentiom. Mr. Barrett stated this was the it before the Planning & Zoning Board to there was a violation. Mrs. Huckle believes Traugerquestioned wh and Mrs..~ take she didn't th: these was that the people he~ aa they do~,t have a copy of any eVidence~ Mrs. . Barrett's word and it is from and she ;ified. Chairman action these people would have the' City could take someone must Mrs. Castello added that away from it and eed Huckle remarked~ it er pein out of action a directly to the , ~they appealed for some that was not VO Cit :il Mrs. Mr. Mike Rubin stated his name and his address as 2515 N. E. 1st Court. He informed the Board that he'seems to be sur- rounded with this problem worked with Mr. Barrett and livir~ inVillage Royale. clarified that what these poe- to have the parking, but in places which are not re been allocated for parking. This to the attention of the builder two years are places for parking, but the builder wants for o r buildings. Mrs. Huckle replied that this did not ~ing to do with this Board. Mr. Rubin continued that was a violation and it will come before the City Gouncil.i are they~have no jurisdiction, but having the people, have some regard for them. MINUTES PLANNING & ZONING BOARD PAGE E~N JUNE 10, 1975 4. Charter World Mr. Barrett showed the plans and Mr. Rubin explained that this is the golf course already built which was on a develop- ment plan, But this is for recording the plot. Mr. Rossi asked if it conformed with the original master plan and Mr. Rubin replied: yes and it is Sections 23 and 24. Mr. Rossi asked if the sewer plant had been platted and Mr. Rubin re- plied it was a plat within a plat. Mr. Barrett clarified that he for a plot plan approval for the~ two tracts, he would personally like to see it furth~ recorded by sections, which has been reque Mr. Rubin explained that the County did not want them numbers on the plat for recording. Mr, Rossi in that the County reviews all the plats a certain wording for designations and they Chairman Trauger stated it could as second addition, tracts A and B. Mr. they show it as Tracts ~ and B, as the when the sewer plant comes down. the sewer pla~t is eliminated. and ther for read the cover letter from ,mitting the enclosed consti- not, require any fur- Mr. Walker of Mrs. Mr. Walker all of was kept him that asked how suggested check for plan, motion to recommend preliminary approval Addition to City Council as presented. the motion. Motion carried 5-0, nought they should keep a copy of plans they have approved in case Chairman Trauger asked if this Department and .Mr. Barrett informed this same copy back. Chairman Trauger know it was the same one and Mr. Barrett note preliminary approval on it and Chairman Trauger made this notation on the ADJOURNMENT Mrs. Caste!lo made a motion to adjourn, seconded by Mrs. Huckle. Motion carried 5-0 and the meeting was properly adjourned at 9:22 P. M. AGENDA Regular Planning and Zoning Board Meeting Time 7:30 P.M. Date: June 10, 1975 Place: Council Chambers, City Hall. Acknowledgement of those present. Minutes: Old.Business: New Business: 1. School Board of Palm Beach County Palm Beach Farms Plat # 8. Abandonment. 2. Lots 3 & 4 Block 10 Mission Hill Abandonment ( easement ). 3. Hearing: Village Royale on the Green , Re.: Parking and open area. Present parking and open area is not in conTormity with original plan as approved by Planning and Zoning Board.