Minutes 09-10-74MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD
HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY,
EPTEMBER 10, 1974 AT 7.30 P. Mo
PRESENT
Fred J. Kostner, Chairman
Joseph Kelly, Vice Chairman
Oris Walker
Mrs. Emily Jackson
John Rogers
Walter M. Trauger (Arrived late)
ABSENT
Mrs. Marilyn Huckle (Excused)
Jack Barrett,
Building Official
Chairman Kostner called the Regular Meeting of the Planning &
Zoning Board to order at 7:45 P.M. and introduced the Members
of the Board, Building Official and recording secretary. He
read the agenda for the meeting and announced that after the
Regular Meeting, a Workshop Meeting would be held to cover
additional work on the map and proposed building code.
MINUTES
The Minutes of the Regular Meeting of A~ust 13, 1974 were
read. Chairman Kost~er referred to the minutes indicating
Mrs. Huckle as being absent and that it should be noted that
she was excused per her request. Mr. Kelly moved to approve
the minutes as typed with the inclusion that Mrs. Hmckle was
excused. Mrs. Jackson seconded the m~.tio~. Motion carried
5-0.
The Minutes of the Workshop Meeting of August 13, 1974 were
read. Mrs. Jackson referred to Page 4, next to the bottom
paragraph, where she referred to the property at S.W. 23rd
and Congress and questioned the C-2 zoning and stated there
must have been some misunderstanding, as she said a change
in the Leisureville zoning was made to keep the houses the
same as those in Golfview Harbor. She then referred to the
next page, second paragraph, where it refers to a foot bridge
and it should be that the developer wanted it. She then
referred to Page 7, last paragraph, five lines up, after with
a street in front and questioned if she had mentioned a road
being abandoned and Mr. Barrett replied that she did br~_ng
this up and it should be in there. Mr. Walker made a motion
to adopt the minu~es as corrected and Mrs. Jackson seconded
the motion. Motion carried 5-0.
MINU~ES - REGULAR MEETING
PLANNING & ZONING BOARD
PAGE TWO
SEPTEMBER 10, 1974
The Minutes of the Workshop Meeting of August 2~, 1974 were
read. Mrs. Jackson stated that they also discussed the map
having to do with the zoning of the Medical Arts parking lot
and Penins~ar Properties, which is in litigation. Chairman
Kestner pointed out that no adjournment was indicated and Er.
Barrett advised him that they adjourned about 5:15 P.M. Col.
Trauger arrived at this time at 8:00 P.M. and expressed his
apologies for being late. Mrs. Jackson moved to approve the
minutes as corrected, seconded by Mr. Kelly. Motion carried
5-0, with Mr. Walker abstaining since he was not present at
this meeting.
Mr. Barrett anno~ced that all the microphones were much
clearer, since they jmst had a new amplifier installed.
Chairman Kostner stated that it was a ~pleasant improvement.
Chairman Kostner gave Col. Trauger reference materials and
announced that the members had received corresDondence a~d
other materials and that it would not be necessary to go into
reading it at this time. He smggested discussing these mat-
ters at a subsequent meeting. He recommended taking the
material with them and digesting it. Mrs. Jackson pointed
out that some material had to do with matters on the agenda
for this meeting. After a brief discussion, Mr. Walker sug-
gested proceeding with the agenda and considering the corres-
pondence that relates to it and Chairma~ Kostner ~greed.
Nerbert A~so~ Associates - Application for A~e. xatiom
Mrs. Jackse~ stated that the map did not mean ~t~~o
her and Mr. Barrett informed her that Anmo~ Associates would
present a pla~ tonight. ~he then asked if this was the same
property site as the shopping mall and Mr. Barrett informed ~/~
her this was on the east side of Congresm and the shopping
mall is on the west side. Mr. Kelly further clarified that
it is on the south side of Miner Road and the eas~ side ef
Congress. Mr. Barrett added that it is the Diece that adjoins
the so~th border line of the Meadows to the ~orth limits of
the City of Boy, ton Beach. He also added that A~se~ Asso-
ciates also has a piece ef land in the City mow.
Mr. Narvey Taylor appeared before the Board and showed the
members the plan. He stated that he owns the property, of
which half is in the City of Boynton Beach and half is i~
the county. He presented a PUD drawing for their considera-
tion. Basically it is undevelopable with half in the City
and half in the county. The plan shows commercial are~ and
residential areas with. a 5.9 density'. He stated he would
like to have a PUD designation and have it considered as a
whole. The entire 87 acres as a PUD for commercial and resi-
dential.
MINUTES - REGUI~AR MEETING
PLANNING & ZONING BOARD
PA~. ~EE
SEPTEMBER 10, 1974
Mr. Barrett stated they had reviewed this once before
just the opposite direction. It did not complY'merit the
Meadows and it was agreed in reversing the situation, it
would be more beneficial. Mr. Taylor continued stating
reference to traffic, they are requesting a bridge over the
L-20 canal onto Miner Road, which is Being widened By the
Meadows. He added that he had purchased the property from
DeBartolo. The members then looked at the plan. Mr. Barrett
added that he asked them to put this in as a PUD, as the piece
just south of this is coming in right ~ehind this as a PUD.
Chairman Kostner checked the ingress and egress and Mr.
Taylor explained further.
Mr. Kelly made a motion that this Board, after surveying the
site plan in color presented by Arisen Associates and Mr.
Taylor, recommend to the City Council the approval of the
zoning for a PUD development and annexation. Mr. Trauger
seconded the motion. Motion carried 6-0.
Lake View Haven - ~Pplication f0~ Annexation
Mr. Barrstt stated the Board had already given this prelimi-
nary approval and it now required final approval. The plat
is on the table if you desire to view it again. It is recom- ~/~
mended for R-1AA zoning. Each member has a copy of the first~~
reading of the ordinance. The lots are all good sized lots.
Mr. Rogers stated this took place before he joined the Board
and tha~$ he would like to review it. All the members then
decided to review it agai~n. They discussed the canal there
and Mr. Barrett advised it was private and Mrs. Jackson sug-
gested having this stated in the deed and that it is to be
kept up by the property owners. Chairman Kostner noted that
all the lots would be water front lots. They discussed the
dead end street and Mr. Barrett advised that the Technical
Review Board would take care of this by requesting a cul-de-
sac and other requirements. He suggested that the Board ask
that the roadways, sewer extenSions, water extensions, etc.
be as recommended by the Technical Review Board or City E~gi-
neer.
Mrs. Jackson made a motion to grant final approval for annexa-
tio~ of the Lake View Haven plat as submitted with the sk~pu-
lation that sewer, water, roads, necessary utilities, water
extensions, provision for canal clean-up, etc. be extended as
recommended by the Technical Review Board and/or City Engi-
neerS and to be zoned R-1AA; and the assurance that the right-
of-way for Mission Hill Road be included so it can be con-
nected. Mr. Kelly seconded the motion. Under discussion,
MINUTES - REGULAR ~EETING
PLA~G & ZONING BOARD
PAGE FOUR
SEPTEMBER 10, 1974
Mr. Walker stated that this would have nothing to do with
recommending to City Council for annexation, since the ordi-
nance has been read on first reading. Mr. Barrett informed
him that they gave it preliminary approval and the ordinance
was approved. Mr. Walker stated then that their recommenda-
tion would have to do with the second reading. Mrs. Jackson
questioned how many lots were involved and Mr. Barrett
formed her that there were 40 lots. Motion.~aarried 6-0.
OTHER BUSINESS
Mr. Barrett read the attached letter dated September 6, 1974
from Somthern Bell addressed to Mr. Ken~eth Murray, Kam Con-
struction, I~c., in reference to Resolutiom No. 74-BB vacat-
ing and abandoning a portio~ o.f the Plat of Gulf Stream Es-
tates, Re stated he wanted to Bring this to the Board's
attention that there was an error by Southern Bell; however,
it doesn,t affect a~ythimg. He wo~ld refer this to To~ Clark
for his contact with Mr. Meschler and Eom Murray, so we ~o
have an easement through there. The members amd Mr. Barrett
discussed the reference made to Mr. Carl Smoot in this letter
and decided he must Be an employee of Southern Bell.
Mrs. Jackmon made a motion to have Mr. Barrett contact Tom
Clark, the City Engineer, and request him to-contact Mr. Tom
Meschler in reference to this. Mr. Walker secomded the motion.
Motion carried 6-0.
ADJOURNMENT
Mr. Walker made a motion to adjourn the regular meeting ~d
it was seconded by Mrs. Jackson. Motion carried 6-0 and the
meeting was properly adjourned at 8:40 P.M.
September 6, !974
Mr, Kenneth Mu~y ' - -. '-
Karo Construction, Inc;
Boynton Beach, Florida: 33435 - ' ' - -' .' '" .' :'_': :'- '- ""'
Dea~ Mr. Irmrz-ay: ' ' " · "' '
Iu ~efe~ence to Boynton Beach· City Council Resolution No. ?4-BB'
vac~ting and abandoning a portion of the Plat of Gulf Stream Estates, ...·.
it has come to our attention that we inadvertently mi ~minformed the City .....
of Boynton that'we do not have-.facilities in the
:- - In performing wor~k in the area, it was discovered that .we do have
a pole line and 200 pair aerial cable on the noz-th side of the ab~udoned
. right-of-way of Southeast 34 Avenue. it is our ~_uderstandi~ that the
planned rep!string will retain the present Southeast 34 Avenue right=of- -
way (without change in width, length, direction ~nd location) in-which
'our facilities e~ist, We bel-ieve tb~s pole line does not p~esent any'
immediate problems and would like to retain existin~ facilities 'until
such time as an acceptable buried route is established, am disdussed with
Mr.. Carl.Smoot. -.°n..September.. 4, 1974. -.- i-.'.` i. i' I- ' L'.: .-
We sincerely regret any inconvenience this may have caused' you and
to expedite the burial of our future facilities, please contact Mr. Tom
Meschle~ at 737-2339.
]:~-~~~eer
'ca: City Clerk
_ Boynton Beac.h - ~,% C.r~. Cl~.~
CITY
BOYNTON
BEACH
P. O. BOX 310
120 N. E. 2nd AVENUE
BOYNTON BEACH, FLORIDA 33435
Office of the Ct'ty Manager
September 9, 1974
Mr. Fred J. Kostner, Chairman
Planning & Zoning Board
140 High Point Boulevard, ~orth
Boynton Beach, Florida
Dear Mr. Kostner:
Attached hereto is copy of the App!ication'for Annexation
of Lake View Haven as well as copy of Ordinance 74-34
which is self-explanatory.
Also'attached is one copy of the map regarding this de-
velopment and we ask that you consider this AppIication
at your next Planning & Zoning Board Meeting keeping
in mind that the Council stipulated that tD~s develop-
ment receives the highest zoning for this residential
area.
Very truly yours,
CITY OF BOYATTON BEACH
FK:dd City Manager
CC:
Jack Barrett (W/Ordinance 74-34,Application and Map)
A.~F iDAV IT
STATE ~=
o._.- FLORDA )
S$
~=~_ore me, the undersigned authority personally appear~
Ron~ld G. Moretto
.Pmesiden~ of M.B. Associa%~es, InC.
~who being by.me f~rs~ ~u~¥
sworn, on oath deposes .and says: -
.. '--.:_2~ That he desires ANNEXATION TO THE CITY OF BOYNTON BEACH. .: . _..-
.,~' ,- ~o ~¢~ ~s agent: in his-behalf I:o ac'comp!-ish th'e above..
Tha~ he .has 'appointed La?ry ~,~enser of Arthur' V. Strock' ~ Associat_.e$-,_!n~,
Sworh toe"and ~.~ubsc~ribed before me ~
this. /K~[/ ~day of ~/~.~ , 197~
Notary ~b!i'c, Sta~ of Florida at La~ge
AffSan%
CASE NO:
DATE APPLICATION FILED
~:~. BUILDING OFFICIAL
DA!E APPLICATION P~-VL55~_D BY BUILDING OFFICIAL
DATE APPLICATION R~..~RED TO CITY NANAGER
~-~.~ DA~ APPLICATION REF~Rg~D' TO PLANNING 8, ZONING BOARD:
P~,~T.~G & ZONING BOARD
COUNCIL A~ION.: ~'
DO NOT %~i/E ABO%~ THIS '~ L%NE. FOR DEPART~IENTAL US£ ONLY
All-proPer%les within a single application taus% 5e co.n%iguous'
an~ '~edia~¢ly ~jaceng ~o ~m anothem, or be ~e subjec~ ' :...~'-
. - ~o.,.or,.~e~.- by the Building De~c:z-t~n% ais.:i- .
can~ mJast submit ~he application and o~er requ~d m,~orma~on -'.
Before an application may be accepted, i~ must fully comply"~i%h ~-'~ '
all required informa%ion' as s%ated below and as amended by ~e
Buildin~ Depa~tmen% f~om ~e %o time.
DATA
.Prop.osed Zoning of 'Subject Property:
R-1AAB
13.5
LHGAL DESCRIPTION
A parcel of imnd in Section S, Township 46 South, Range 43 Hast,
Palm Beach County, Florida, being more particularly described
as follows-
Beginning at the. intersection ofthe Hasternright-of-way.~tine-of
Interstate 95 [State Road No. 9) said line being parallel with and
500 feet Hast of, as measured at right angl~s, the East right-of-way
the"SOu{h/rifnt:°£2way' iine 6f ~isSign'Hiil R~ad
as shownon the plat of Chapel Hill, recorded in Plat Book 24,
Page lll,'of the Public Records of Palm Beach County, Florida; thence
run Southerly along the said Easterly right-of-way line of Interstate
95, .a distance of I885.07 feet to a point in the Westerly Hxtension
of the Southerly line of Lot 17, Block 3, Lake Eden Subdivision Plat
No. 2, Boynton Beach, Palm Beach County, .Iorida, as' recorded mn
plak' Book 29, Page 53, Public Records of Palm Beach County, Florida;
thence run Easterly, along said Westerly extension, a distance of ..
309.86 feet to the Southwest corner of said LotlT; thence run Northerly,
along the Westerly line of said Block 3 Lake Eden Subdivision'Plat
No. 2, a distance of 1998.45 feet to the Northwesterly corner of Lot
said Block 3; thence run Westerly along the said Westerly extension
of the South right-of-way line of ~ission Hill Road (S.~. 33rd AvenUe),
a distance of 329.29 feet to the point'of Beginning.
Said parcel being subject to any easements or right-of-way of record.
-: t
PROP~RI!-Y LOCATION
The. s~ubject property is located on the N. ¢ E- gl- {ci~c!e one')
side'-of Mission Hi!! -~o~d-- . , between .: I'~95 -~i~ht 0~ Way
and . Lake Drive Ext ...... o . .
c
The prQposed zoning for the ~uooect. Property is' RIAAB
'said proposed .zOning ~s~:-%ntended: ~o 'aCCommodate '%he .fot_lq'Z'~ing
USe -is): ' -Si~/g!e 'Fsmiiy. . _ 'Rosidende's. : .-'
.... 7..:'- STA/Ebt~NY OF U$~_ - JUSTIFICATION
'Express. in your own words why this requ~s~ is no~ on!y~'setf- _~
serving, but' is a!sOa public necessity and co~enience,
not detrimental %o ~he general hea!%h Saf~y a~d we!f~.r~
%he community and is in you~ opinion, good zon~]~ practice.
YoU ~s~ PRO~ %ha% you are entitled to the approval' of ~his
~is request for Dnnex'~tion t~he ~tv of_~D.y~D~~~the _ _ '"-
kee~in~ o{ eualitw buiidinR and desirious livin-as is evidenced ~
adjacent sin_~le familM homes' t¥in~ within the corpcrrate boundaries
of the C~ty. Thi~ request w~lI~ allow c~, officials, to control !Ow densitM
and generate revenue.
APPLICANT ' $ C£RYIF ICAY!OM
(I) (.We) affirm an~ ce_~_~ify that .(i) (We) understand and %'~i!1
comply With the provisions and regulations of the City of
Boynt~on Beach, Fiomida~Zonin9 Code. (I) (%~'e) further ~em=~
that the above statemenfs or diagrams made on any paper or
p i ans submitted herewith are true to' the best o~ (my) (our}
.~owledge and bell_er.-Further (I) (We) understand that this
application, at+~achments and fees become part of the Official
Records of the City of Boynton Beach, Florida and are not
returnable. -
.?
President
MoB, AsSociates; Inc. -
OP+~i0nee "-'" ':' '"-' '' ' By: RONALD ~. ]~ri,i~,,~ETTt~. PT'~'dt~t-I%. -" .:":
....... ' '' .... '"-- ' ~y.~e Name o~ Ap~iicant
.' Lessee ":'i. '-- .. ..... ' , 2600N !'_ ~, 3Tth~t:~e t .... - '-
j! ' " '' " Stzee% Address, '
...: ,~'.' .. .~ '- · ; -
Agen% .;," --" - ";i::-'i;:?;"'; '" -" .... ' -i':':'i-.'"i Boca-Raton, l~lor{ka $3452
- bity' and $ta~e
- .. ' . :..'.. , --. -'.. · '[ , ... . . ~ _~ ' .--
' Contract. Purchaser -- . '" ' #595-g409 -
.... ' '-'" Te~ Number
O~,~ER ' S AUTHORIZATION
The City of Boyn~on Beach requires in par~ that the app!i-
cation~ shall' be signed by %he o~.rner of the land or soma perso~
duly authorized .by such ovzner to sign such petition. The autk-
ori%y ,authomizLn9 a person o~he~ ~han the o~?ner, to siga such
a peZition ~ast be a%~ached to and accompany such a petition_
M;B.-. Associates', inC...-~ '~" -: ' ' -M,' B. Associates, Inc. "- ". ".~-'- '
~,..- - ... Boca Ra~on, Florida 33432 --::'
~eie~hone Numbe~ '-':: :' Tele~ NUT~be~
NOTICE
The following proposed ordinance~ which is published by caption
only~ was read on first reading at the regular meeting of the
City Council of the City of Boynton Beach~ Florida, on the 5rd day
of Septembe_~ 1974, and shall be presented £or second and final
reading and for prOpoSed enactment by the CitY Council ~in the
Council Cham~e~s at the City Hall, 120 N. E. 2nd Avenue, Boynton
Beach~ F!omida, on the let day of October~ 1974~ at 7:30 P.~ M.
'Inte_~est~d pa~ties-'maY-appeam~-at. Said meeting 'and. - be [ he amd with_
respect to this proposed omdinance. This proposed ordnance may
be. inspected by the public at the Office of the City Clerk at
said City Hall.
PROPOSED ORDINANCE NO. 74-34
AN ORDINANCE OF THE CITY OF BOYNTON BEACH~ FLORIDA~
EXTENDING THE MI~ICIPAL TERRITORIAL LIMITS OF SAID . '
MUNICIPALITY BY THE 'ANNEXATION OF A CERTAIN ~NINCOR-
PORATED TRACT OF LAND CONTAINING LESS THAN TEN REGIS-
TERED VOTERS, LYING CONTIGUOUS THERETO AND ~THiN
PAM~ BEACH COUA~fY, FLORIDA, TO WIT: A PARCEL OF LAND
iN SECTION 5, TO%'~NSHIP 46 SOUTH, RANGE 4~ EAST, MORE
PARTICULARLY DESCRIBED HEREINAFTER; REDEFiNiNG THE
BOL%,~DAP~ES OF SAID CiTY TO INCLUDE S~/D L~2~ REP~EAL-
ING ALL ORDiNANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR AUTHORITY TO-CODIFY; SAVINGs
' CLAUSE~ AN EFFECTIVE DATE, ZONING. CLASSIFICATIONS
~ND FOR OTHER PURPOSES.
CITY OF BOYNTON BEACH
TEREESA PADGETT, CITY CLERK
PUBLISH:
Boynton Beach News Journal
Septembem 12, 197~
City Manager
City Att oz~ney
AN ORD~CE OF TH=El CiTY Ob BO~!~TO BEACH, FL~DA~
EXTENDiN'G-~ MUN!C!P~ TERRITORIAL LI~TS OF S~D'
M~!C~iTY BY THE. ~NNE~TiON OF A CERTA!N~ ~IINCO~--
~ S
PO~TED T~T'' OF ~D CONTAINING ~S T~'~ ~G~S-
TE~D VOTE~, LYING CONTIGUOUS T~TO ~ND WtTH~
P~M B~CH CO~TY~ FLO~DA~ TO WIT: A P~L
IN SE~ION 5, TO%~SH!P 46 SOUTH, ~GE 43 EAST, MO~
PARTIC~Y DESCRIBED HE'INk'Ri ~DEF~NING T~
BOUNtiES OF SAID CITY TO ~CLUDE SAID ~D;
!'NG ~ O~iN~CES OR PARTS 01F O~IN~CES IN CONFLICT
~R~WITH~ PROViDiN= FO AUT'HORIT'Y TO CODIFY~ SAVINGS
'C~USE; ~N EFFECTI~ DATE~ ZONING-C~SS.~I~TIONS
~qD FOR OT~R PU~OSESu
~HEREAS' the owner of the property
more
torlal !lmzts of said munzc~.palzty and .wz~h~r~ the ~am~ Cou=~.ty
to the municipal, territorial l~i~s of s~ City; ~.~ ~' -''' ~-. '-' ~'..
7. '~' '~"-W~~, said tract of lan~ cent--s 1.ess-~ ten'
~~$, 'al1 requirements of the Chafer of' ~e..Citl~"of
Bo~ton Beach~ F'lorida~ and of the laws of th~ State of
~d in the best" interests of the sai~ City an~ ~he omer of saiG
l~a that said land be annexe~ ~ inclnded-within the
territorial l~its of said City7
NOW, ~FO~ BE IT O~AINED B~ T~E CITY COUNCIL
THE CITY OF BO~NTON BEACH~ FLORIDA: _ -
Section' 1: That the City Council of ~he City of Boynton
Beach, F!orida, hereby annexes the tract of land more pa~icu
larly describe~ ~] the attached Exhibit-A~ which is made a part'
hereof to ~he municipal territorial I~its of the City of
'
BoyntOn Beach, Florida.
Section 2: That the subject property is hereby zoned
R-i~ pursuit to the Master' Zoning Code of the City of Boyntcrz
Beach, Florida°
section 3: That the territorial boundaries of the. Cit-y
of Boynton Beach~ Florida, are hereby redefined so as to include
}~_he above-described property. . .
Section 4: ReDeali_ _ng Provisions: All ordinances or parts
of ordinances in conflict herewith are hereby repealed.
Section 5: Authority to Codify: Specific authority is
hereby granted to codify and incorporate this Ordinance in-the
City's existing Code.
. SeCt'i°n 6: Separabi~l~ Should any s~ction 'or provision
of. this.Ordinance- or-any portion hereof, be declared ~y a'court ..
~affect- the validity of~ the remainder hereof-as a whole or. any _~-
effective inthe manner and at the time provided by law.' ' "' ~
First reading-this"-'~'~ day-of September, 1974. .. = "~
, Second,~final reading and passgge this
day of
CITY OF BOYNTON~BEACH. FLORIDA
Mayor
Vice Mayor
Councilman
Council. man
ATTEST-:
City Clerk
Councilman