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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