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MInutes 12-15-69DEC~MER 15, 1969, AT 7:30 P..L, CITY HALL, BO~T BEAiH., FLORIDA. PP~SE~T Stanley James ~'tacAlpine James Sarno Leon Cloutier Clyde Wor~el! Maynard Wertz Ray Allen Stuart B. Fuller, BuJ~lding Official Chairman called the meeting to order at 7:30 P.M. Chairman asked fop motion to apporve minutes of meetings held: Novembe~ 7, November 19~ Novembe~ 2~, Deeem,ber 1, December 3~ 1969. N~. Sarno made motion that minutes he approved; seconded by ¥~. ~cAlp3ne. M ' F~Tion u~anJm~usly carried. OLD BUSIneSS: None. ~ BUSINESS Parcel 1: See legal attached to minutes. (Sh~,.m as Parcel ?K~,~ on dr~ng File No. TL-2~SSL~ Revised l%bvember 1969. ) R~quest: R=IAA with Special Exceptions to Use: I'~ultiple Family Residential Apartments. Applicant: Caldos Propemties, Inc. (Palm Beach l~isureville) Chairman introduced Board ~n~er~ to the audience. ~. Weaver suggested that Parcel 2 be taken at the same time as Parcel 1, in ordem to save time. Mm. Rossi, Engineer for Caldos, put map of the Par~e!s in view of the Board and the audience. He explained the map to the audience, show~ Lng roads, canals and areas in relation to the portions n~J under con~ struction. Pie explained that the parcels up for rezoning were at one time alloted for single f~mi!y c~;ellings, and the request was for re- zoning of these areas for multiple family d~el]ings, ~ Story apart~ merits. He further expalined that the reason for the change was due to a fumther exploration of the soil in these areas %_~ich revealed ex- tensive layers of muck. He explained that it was not economically feasible to put lots for single family d~e]~ngs onto areas which %~ould require extensive removal of the muck.. Ho~ever~ it was economically feasible to construct ap~ent buildings in this area, in this type. of situation by use of piling. Demu~king operations would require reaoval Of approximately 190,000 cubic yards of muck. .By going to apsmtme~nts, piling can be used in the foundations. ~. Sarno requested that the Parcels be pointed out on ~e m~o as Parcel 1 "~2' and Parcel 2 "L'~. I%. Sarno raised the question of twenty foot road in front of ap~t circulation for traffic. Ques~ tiomed this for fire fighting purposes and for ~fic flow for additional tmaffic. M~. Rossi explained that this was approxi~ate!y same as others used. 57id~1 of the road parallel with smd r~nin~ along The ap~t build-- lug of Parcel 1 was discussed. "~ ¥~. Sarno expressed ~at in his opinion the road did not have adequate width to handle t~affic frc~..~ surrounding neighborhoods and traffic frc~ the apertments. }~. Echamte came forward to explain that Caldos felt that the road ,~idth (20 Ft. ) was adequate to handle the traffic involved and The parking had another 20 ft. road~ besides parking. Mr. Rossi stated the proposed number of units in The apartment buildd~ng is plenned to be 72 and ~uat the apazWmm~ts are planned to have a 30 ft. backyard space. ChaLrman asked for furTheP discussion on this parcel from The Board, the audience. It was stated that the street in front of the a~t parking site is to be one.~ay. Brief discussion was held regarding the number of units and cars in the apar~t area iD. relation to the parking. ~o. Cioutier suggested that the apartment building be pushed back some, toward the lake, adding frontage to ~.e roac~ in front of the apart- ment building site. Mr. Weaver asked if the engineering c~ the lake had been done, and if the lake had to be as large as indicated on the ~'~. Echarte answered that engineering had been done on the lake and had sh~ that it was necessary that the lake be the size designated by the map. ~. Rossi asked permission to vary this one foot, either way, according to the design which will be used. Chairman requested any others present, for or against, cce~ f~Tard and be heard. There were none to come forward. Chairmen called for further discussion and questions. .Then asked for a motion. Mr. Worrell asked for ~M. Sarmo's rec~dation regardiug the dis- cussion about the traffic on the street in front of the apartwmnt building. Mr. Sarmo stated he would like for Caldos to either increase The road~ way area l0 ft. more and close off the three entrances to the road, to increase the parking space in the area, and made motion that %he Parcel he g~anted rezoning under this condition that one of these ~ things were done. ~. MacAlpine questioned closing up the three entranoes to the roadway in reference to creating a hazard in gettinp~ a fire ~ack to the area in ease of fire. Mm. Weaver replied ~%at there would be sa~le access to the area in case of fJ~e. Motion was seconded by Mr. MaeAlpine. Mr. Worrell asked Mr. Rossi if the condition proposed fop rez~ning grant by t~. Sarno was a feasible one. l~. Rossi replied that he did not think that it ~-~uld be a problem.. ~. Womreil asked if this was a realistic approach to the problem. ~. Rossi stated that he felt that it was. Motion that parcel be gran~d rezoning on condition proposed was ~nanimously carmied. Parcel 2: See legal attached to minutes. (Sh~m as Parcel ~'~L" on dma~ing File No. TL~2~SL~ Revised November 19~9. ) Request: R-1AA with Special ExcePtions to R-3A. Use: k~ltiple Fsmily Residential Apardm~nts. Applicant: Catdos Properties, Inc. (PaLm Beach Leisureville) Chairman called fo~ discussion or questions from the Board. Mm. Sarno stated that he felt that the same adjustment should be made for Percet 2 '~L': as made for Parcel 1 "K~' in reference to the parking and roadway. Mm. Weaver pointed out that the ~,~o areas were not the same on ingress and egress. Double traffic flow is already ~zisting in these pamking Board discussed this area. Mm. ~'~aver suggested only one dividing s~rip be used in order to increase ~raffic fl~. Chairman called for anyone for or against, to come fo~ard. There was no response. Chairmen ~%en called for a moticn. Motion made by Mr. Cloutier to g~ant zoning, provided access openings are enlamged and pamking access redesigned, in accorcl3nce with Board's suggestions~ i.e. = to use one diVider fora tmaffic flm~ control. Seconded by Mm. Worrell. All voted aye except ~. Sarno. kbtion carried 6 to 1. ~ Parcel South 92 feet of Lot A, I~{a~bor Estates Sub~ diVision as recorded in Plat Book 21, Page 98, Palro Beach County records. Request: C-1 to C-2 Use: I".!iniature Golf Course Address: 1~18 ~ ~or~kb ~Federal ~ig.hway Applicant: Ralf E. ~eier Chairman read sevePal letter~ opposed to the rezoning. He offered ~at he had seen ~e applicant at an ea~lieP date snd had been told ~at the person who had proposed to put in the golf course fo~ the applicant was not sure that they would do so. Letters ~ade par~ of the record. Board discussed subject property. Chairm~n called fop any in audience, fo~ oP against, to eo~ forward. There was no response. C~/rman called fo~ a moi~ion. F~. Wer~z made motion tha~ the request be denied, as ~ felt it was not prope~ location fop su~ an under~ak~ ing, in relation to the suProunding area ~nd businesses in that area. ~'~tion seconded by ~. -~%eA1pine. I~:btion Un~usly ear,led. Request denied. (No one was present to represent the applicant fop the zornng change request. ) ' 'Request: Use: Parcel 4 Request: Use: Applicant for Parcel 4(a) and (b) (a) Lots 1 thru 7~ Block 2; lots 1 thr~ 7, Block 3~ Lots ! thru 7, Block a., Congress GYove Subdivision, as recorded in Office of the Circuit Court, in Plat Book 15, Page 6~, Palm Beach County records. Also Lots ?8, 79, 84~ 8S~ 86~ 114, 115, 116~ 117, ;rden Psmk Subdivision, as mecorded in Plat Book 2, Page 96, Palm Beach County records. R~i to Ltltiple family apart~ents as rentals. (b) LOts 81, 82~ 83~ 87, 88~ 89, 118, 119, 120, Arden Pap]< Subdivision, ~s recorded in Plat Book 2~ Page 96~ Pa~ Bead~ County records. P~2A to ~'~ultiple femily apamtments as rentals. Vanguard Development ~. ~/te and .~',~. Shaw came forward to represent V~nguard Development and to explain their requests. Pie sh~d proposed plan to Board and audience. 'Wants to use subject proper~y fop multiple housing undeP F.H.A. progmam for 1~.~, rent supplemental housing. Present sketch sh~m 1~4 units in %mo story building, playgrounds, pool~ shuffleb~, etc. all in a complex. , City has been asked procedur~ necessary to abandon existing rights~-of- way in subject a~ea. ~nis abandonment will be requested. Vanguard Development Proposes to use Dempster Dumpsters on Perimeter of cc~plex fo~ garbage pickup° Pa~king will be around the Peri~eter only. Area will be under corporate managesmnt supervision.. Developers ~.~ll furnish lights ~ere needed, fop after dark play, etc. Chairman called for anyone in audience for or aga/nst to come fo~,Tard. I¥~. Cecil Jones came lombard with a petition, with 74 names, objecting to this rezon/ng. Most are ne~khoz~ to the South. 0bjecticm is to down-grading both pieces of property as sh~,~. Chainr~n informed ~-~. Jones that this petition would go in record. M~. ~lzite then came forward to fur~e~ e~plain tha~ it was their in- tention to build a good building and that they ~ould meet F~H.A. specifications. Pbintenance would be under F.H.A. on co _rpomate chart~. These buildings would not be de~imental to ~e conm~mity and ~ould add to City tax roll. This ~ld be under F.H.A. Entitlement, Section ~236. This is set up on an income facto~ basis and apartments would be fr~m one to three bedrooms. Income must be approximately $5,800.00 pep yea~ for one bedlx~m, $8,210o00 per yeap for %%~ bedroom, $7,500.00 pep yea~ for thr~e bedrooms. %~ould have to have steady empl~t record to qu81~fy. RenTo~s must put in at least 25% of thei~ total income toward rentals, if a supplement is ~ven. Government could supplement up to one-third ~of rental costs for individuals. Questions asked, such as '%~at guarantee that the project ~uld be kept up if only half rented?,~ _ Developer stated that this was not anticipated and could see no danger .of this happen/rig. Board, develope~ and audience had genema! discussion, pro and con. According to developer, this would not be a lc~ rent housing development such as F.H.A. 221 program. Chairmen Weav~ compared this type rental ~zith modula~ units and mobile homes and stated that ~ need more type 1~ cost housing very badly. Finances would dictate the desirsbility of such a project. Uevelopem was a~<ed if Pights-.of-way possibly contained a reVerter clause, in case of street abandonment? Developem said he'd have to cheek into this subject. Chairmmn called fo~ a motion. MOtion was made by ~ ~'~. %,~orrell to table for further information on s~t rights-of-way, construction program, etc. Seconded by ~.~. A_ll~. ;ll voted aye, and subject was tabled. Mr. Sarno then suggested that developer and interested parties in audience get together and go over facts on proposed developn~nt. Possibly even get an F.H.A. consultant up to talk with them. -5- Parcel 5: tots 6 thz~ 10 Block 71~ Beverly ~:!ills ;~.dition #9 ubo~vls!on~ as recorded in Plat Book 13 Pag~e 6~ Palm Beach County records. ' ~ Request: R-1 to C-1 Address: 469 N. W. 1st Avenue Applicant: Reginald Kitching Use: For Sale or Resale. Dr. Kitcking c~me fozward ~nd e~l~_ned that he had seen 1-95 map ~nd that his access from N. W. 2nd Avenue ~muld be cut off when 1-95 was built. Department of Transportation will fence him. off ~en %his takes place. His lots run thru~ but those on N. [~. 1st Avenue~ sre zoned R-1 ~nd he Wouldn't ~e ~ble to use th~m. Had sevemal c~nces to sell th~s property~ but couldn't ~ecause of the above re~sons. Board and Dr. Kitching discussed subject further. Chairman called for anyone in ~udienee for or ageinst to come fozward. There w~s no further response. Cheizm-~n called for motion. K~tion to table for ftmther information from Dapartment of Tn~nsportation m~de ~y ~. Cloutier. ~tion died for lack of second. M~tion to demy made by Mr. ~[ertz and seconded by Mr. Alle~. Motion to deny made on b~sis that rezor~[ng request was pr~ma~ until might-of~ ~y and off r~mps established. Ail vOted aye and reze~ing denied. Meeting adjourned at 9:~0 P.M. Stanle~~ ! pages of minutes pages of legal description attached. -6- Parcel 1: A Parcel of Land in Section 32, Township 45 South, .Range 43 F~_~t, City of Boynton Beach, Palm Beach County, Florida, more particularly descr/bed as follows: F£~-~ the Northwest ~ of Section 32, Township 45 South, Range 43 East, Palm Beach County, Florida, said corner being on' the centerline of the 100 foot wide Right-of-Way of Congress Avenue as now /aid out and in use and also being an angle point in same, run North'88° '00' 52" East (for oonvenience, the West T.~ne of Section 29, Township 45 South, .Range' 43 East, Palm Beach County, Florida bears North 0° 58" 29" West co-linear with said centerline of Congress Avenue, and all bear'.u~s recited' herein'are relative theretO) along the North'Line Of said Section '32 a distance Of 3754.89 feet to a point, said point being on the West Right'of-way rHne Of the Lake Worth Drainage District's 155 foot Equalizing Canal ET~; thence along said West ..~. Right-of-Way South 0° 22' 42" West a distance of .1325:.65' to the '.Point'of -.- "-~..~ Parcel K; thence along the boundary of-Parcel K ~as .follc~s. 'South 00 22' 42". "61.0.00 feet:' to a point~ ~e cl~ rrm r, akt .Right"of-wa7 l.,ino ,g~:x~ ' ' ,.~ 87° 34' 32" West a d,.~~ of 670o~2 foot: to a po:h~t~ then~ along tho a,~.,~ ~ ~¢ ..~: ..~ :~.ilI .... to a point; thence al .egg a tad/al 1/ne-to the last describe~ curve North . . 64o 08' 47" East a distance of 125.00 feet to a point; thence North · 87° 34' 32" East a distance of 294.32 feet to a point; thenc~ North 0° 22' 42" East a distance of 478.89 feet to a point; thence North 87° 34' 32" East a distance of 300 feet more or less to the Point of Beginn/ng of the herei~ described Parcel of T~nd, Parcel K, oonta~. 5.3 acres of lar~, more or Parcel Request: R-1AA with Special Exceptions to R-3A Parcel to be used for Multiple Family Residential Apartments. Applicant: Caldos Properties~ Inc. (Palm Beach Leisureville) 2: A Parcel of Land in Section 32, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida, being mot particularly described as follows: From the Northwest Corner of Section 32, Township 45 .South, Range 43 East, City of Boynt0n Beach, Palm Beach County, .Florida, run South ' 1.°-02'-40'' East (for convenience, the West 'Line of Said Section 32 is assumed to bear North 1°-02;'-40'' West and all bearings .recited herein are relative thereto) alOng the WeSt Line of said Section 32, said West Line being also· the centerline of the 100-foot wide Right-of-Way of .Congress Avenue as now -. laid out and in use, a distance of 1251.17 feet to a point; thence, l~arallel to' the North 88°-00'-52', East a distance of 649.24 feet to !a point; thence South I°-02'-40'' East a distance of 30. 00 feet to the Northwesterly corner .-. and Point of Be~;inning. of the'herein described Parcel of ~nd; thence along the boundary of said Parcel of Land with the following coursesand dlstan'ce~:' '~ ' North 88°-00'-52'' East a distance of 130.02 feet to a point; thence South ' ~ 1°-02'-40'' East a distance of I79.93 fee: to the beginning of a cur',;e concave' to the East having a radius of 135.00 feet and a central angle'of 18°-0i'-55"; thence southerly and south-southeasterly, along the arc of said curve, a distance of 42.49 feet to a point of compound curvature ending said curve and beginning a curve concave to the northeast having a radius of 260.50 feet and a central angle of 47°-57'-18"; thence south-southeasterly and southeasterly along th~.. arc of said curve a distance of 218.03 feet to a .point of compound curvature ending said curve and beginning a curve .concave to the north-northeast having a radius of 550.00 feet and a central angle of 25°-23'-3,5"; thence southeasterly and easterly, along the arc of ~aid curve, a distance, of 243.76 feet to the end of said curve; thence North 87°-34'-32'' East a distance of 44. I5 feet to the beginning of a curve concave to the south-southWest having a radius of 696.06 feet and a central angle of 16°-4i'-35"; thence easterly and east-southeasterly, along the arc of said,curve, a distance of 202.80 fee~ to a point of reverse curvature-ending said curve and beginning a curve concave to the north having a radius of 77.80 feet and a central angle of 86°-16 -v_ :, ' RzL"' thence east-southeasterly, easterly and northeasterly, along the arc of said ' curve, a distance of 49.26 feet to the end' of said Curve; thence radial to said curve, South 22°-00'-56'' East a distance of 118.71 feet to a point on a curve concave to the southeast having a radius of 912.. 75'feet and whose local tangent..~ ' at said point bears South 28°-34 '-20" West; thence southwesterly along the arc of said curve a distance of 60.32 feet, (which subtends a central angle of 3°-47'-12'') to the beginning Of a curve concave to the south-southwest having a radius of 566.06 feet and a central angle of 27°-12'-36'' and whose local tangent at said beginning bears North 65°-12'-52'' West; thence northwesterly and westerly along the arc of said curve~a distance of 268,83 feet to the end of said curve; thence South 87°-34'-32'' West a distance of 44.15 feet to the beginning of a curve concave to the north-northeast having a radius of 680.00 feet and a central angle of 25°-23'-35"; thence westerly and west-northwesterly~ along the arc ' of said curve, a d/stance of 301.37 feet to a point of compound curvature ending said curve and beginning a curve concave to the northeast having a radius " of 390.50 feet and a central angle of 47°-57'-18"; thence west-northwesterly and north-northwesterly, along the arc of said curve, a distance, of 320.84 feet to a point of compound curvature ending sai~ curve and beginning a curve toni cave to the east-northeast baying a radius of 265 feet and a central angle.of 18°-01'-$5"; thence north-northWesterly and northerly along the arc of said curve a distance of 83. 40 feet to the end of said curve; thence North I°-02'-40'' West a distance of 177. 79 feet to the point of Beginning, containing 3. 3289 Acres of land more or less and being subject to any and all easements and/or rights .' of way of record. '~- Request: R-1AA with Special Exceptions To R-SA Parcel to be used for Multiple .Family Resident&al Apartments. Applicant: Caldos Properties, Inc.. (Palm Beach Leisureville)