Minutes 11-03-69}~9I/CES OF SPECIAL PI~'~I~,IG $ ZONING BOB-~D
NOVEi"~ER 3, 1969~ AT 7:30 P.kq, CITY ~?~LL~ BO~,~N BEA~{~ FLORIDA.
PRESF2ff
Stanley WeaveP
~ynard Wer~z
James Sarno
Leon Cloudier
Clyde Wormell
Ray Allen
James Ma~pine
Stuart Fulle~, Building Official
PRESTO7 FOR CALDOS
Ric Rossi
Jorge Echar~e
Meeting called to order at 7:30 P.M. by Chairman. Continuance of
previous ~mei-J_ng: 0ctobe~ 27, 1969.
Parcel 1: See legal attached to minutes of October 27, 19~9, for
Part~l
Request: R-l~A ~.~.th Special Exceptions to
Use: M~ltiple Family Residential A~ts
Location: Parcel of land Bpprox. 230 Ft. wide running
South from Ocean D~. along Easterly line of
Congress Ave. Approx. 1725 ~.
Applicant: Caldos Properties, Inc. (Palm Bead~ Leisureville)
M~. Rossi presented revised plans from previous meeting shc~ing apart-
ment. layout along Congress Avenue. This was carried over from previous
meeting and. revised, at request of ~he Planning .g Zoning Board.
New drawing shows only one major t~affic access on Congress Avenue.
Separate ingress and egress shown on Oceau D~ive and Congress Blvd.
The new drawing has been approved by Palm Beach County fora access,
etc. This request is fora R-3A to build apartments as shc~m. The
reques~ of Plamzing Board at last nmeting have been met. Ap~ts
would back on the golf course.
At this point, 7:50 P.M., Mr. Dake, Planning Consultant, arrived.
Motion made by }~. Worrell and seconded by Mr. Cloutier to grant
R-~A zoning.
Chairman called for discussion and Board suggested these apmmtments
be moved back ten feet in order to have ~o~e planting on Congress Ave.
Mr. Echaz~e stated that this could be done OK and Caldos %ould add ten
feet from golf course to apartment property.
.~Z~nutes
Special Planning g Zoning Board
November 8, 1969
Mm. Worrell then asked to lm~ve this included in his motion and
Cloutier again seconded.
All members voted aye and motion was carried.
Parcel 2: See legal attached to ~inutes of October 27, 1969, for
Parcel "V".
Request:
Use:
Location:
Applicant:
R-3A to C-i
Limited Commarmia!
Northeast Comer of SR 804 and East side of
Congress Avenue.
Caldos Adult Community Inc.
[~i Rossi cane forward and submitted a _new plat for this area sho~ing
d]anges nmde to conform, with P!armJmg Board requests at previous meet-
rang. This new drawing shc~ filling station on comer and professional
offices in other proposed area. Board discussed new plat and noted
that n~ filling station ordinance ~uld control this area at the comer.
;~en n~? zoning ordinance is passed, C-4 mifht be required for such a
station. At presem, t, requested C~I zoning would accomplish what is
desired.
Motion made by Mr. Allen and seconded by ~. MaeAlpiue to rezone to
C-1 as requested.
Ail voted aye and motion carried.
~fm. Weaver them. explained the proposed request of Norman Nichaels to
rezone area alor~ Congress Avenue, in. C~lf View Ha~bour, to accomo-
date par~ apartments and part business. _Mr. Michaels proposed plan
was shown to ~bim. Dake and to Board members. Board then discussed this
proposal.
Chairm~ then called a meeting for Wednesday~ Nov~r 5, 1969~ at
7P.M. Mm. ~cAlpip~ said he ~wo~d be late. Mr. Worre!l and N~. Cloutier
would not be able to attend. Chairman also asked for a .Monday meet-
ing at this time.
Y~, Dake then ex?lained his think/ng on the new ordinance and zoning
map. Board discussed this with Mr. D~_ke mhd some points were clarified.
Proposed setback distances were discussed and Several alternatives
discussed. This Whole map and ordinance to ~e the subject of several
Board adjourned at 9:35 P.M.
tknley' Weav~ CH~
2-
WILLIAM F. KOCH, JR.
1000 E. ATLANTIC AVE,
DELRAY BF. ACH~ FLA, 32¢~L4~
PLANNED UNiT DEVELOPMENT~ ADDITION TO
YALM BEACH! COONT. Y .ZONING RESOLUTION
INTENT
The intent'and purpose of this section is to provTde an alternative means of'land
development and to provide design latitude for the site planner. Further, it is
meant to provide.opportunity and encourage cooperative efforts by small volume
builders and developers.
UNIT DEVELOPMENT PLAN
A plan, designed to be executed as a unit, and to be recorded as a plat of.record.
Its principal use to be for residential purposes in accordance with the requirements
of this ordinance, even though, the use of the land, the location of the buildings to
be erected on the area involved in the plan, and the yards and open spaces provided ' ':-.ii,.
in the plan, do not conform in certain respects to the regulations specified for the
district or districts in which the UNiT DEVELOPMENT is proposed to be located.
...?." ':': ! "':' .". ! "!:i'.:'-:. ".~:. ' Unit Development Plan wh]ch, cor~talns only slngle-far6[ly,
../: -...:'::..:':~ ~ The plan is submittedrand approved in accordance with the procedures for approval ·
:~' ~,..':.-. of subdivision plats. '
CONDITIONAL USES AND REQUIREMENTS
':' ~': '; ':"?"~'~:';:':7~':"~:: Conditional uses defined herein, including accesso~ buildings and uses, are permitted
-...: .. r.. :?..']~ in the districts indicated in' Paragraph B, subiect to the provisions herein.
;~].r.j... ,.:
-..".A conditional use is one which is likely or liable, but not ce~ain to .
occurand which is not inappropriate fo the principal us~ o~ th~
.,
~: trict in which it may be located. When, after review of an applica-" ~:.:.
~ ... ... rion and public hearing thereon, the:Zoning Commission finds that the '~'~
. . .... :' proposed use or uses are consistent with the general plan and in the ~:.'
" '' ' 'public interest, a unit development plan, including occe~o~ buiidin
' ?~.:::: . .. .... .:.. ..' may be permitted. :
B.. '~ A un'it development plan may be permitted'as' a conditional use in the
..A~I~ R-1AA~ R-lA, R-1 and R-2 zoning districts in accordance with
:' 'th 'f"'il .....
e O OW.i~g crlterlal .~ ........ . -' :
.":';":..';..1., The tract o~ I~nd proposed shall have a minimum area "
. of 100 ~cr,~ for a Unit Development Plan which con- -
"." .. : rains single-family, two-~amily, multi-familY ~nd/or
hotel and motel structures~ individually or collectlvely~- ..
. .... -..,.: · :" and commercial uses; or a minimum of 20 acres for a
CONDITIONAL USES AND REQUIREMENTS (CONTD.)
s. .(C0ntd,.)"
:,'. :..:.!;i . ' ........ two-family dwellings and multi-family dwellings are per-
..,.. ~... · -: mitred either on separate Jots or in a group or groups in °
accordance with the fo[lowing maximum densities in the
following zoning districts (maximum densities in dwelling
units per acre). . . ,
TABLE//1 ~: ' .-
Overall Densities in Dwelling Units Per Acre
'"" Multi-Family
.. Two-Family I or 2Star,z,
--. .Multi-Family
Over 2 Stories
7.25
8,7
5.8 8.7.
~.7 10.88
7.25 10.88
7.9 '. 12.44
8.7 14.5
12.44
Minimum floor areas shall be 700 square feet per dwelling
unit for single-family and two-family. Mul'ti-family struc-
tures see Section//6-1-2 (a 'through' d). No minimum floor
' '; '.' ':.~ area applies to hotel or motel rooms, but each room shall
.. ~-~:.. :. considered a dwell lng unit in computing overall density.
· - - a. In the 100 acre tract builc~ings devoted to residential
uses shall be separated by a distance based upon a di-
.... ~-..~,.i~.~ "z;-r-:'~:' ..... .--: -..,: ..... ,..~.'. · mension o~ five (5) feet per story per structui'e erected
on the tract. No building shall be located closer than
sixty (60) feet to the property llne of the tract and any
structure in excess of 12 stories shall be setback an ad-
ditional five (5) feet for each additional story. No
buildings shall be erected closer than sixty (60) feet
to any road right-of-way passing through the. tract.
CONDITIONAL USES AND REQUIREMENTS (CONTD :.).
; '~' B.~.~. (Contd.)
'~' " 4. Setbacks (Contd.)
(Contd .)
of 6 stories shall be setback an additional five (5) feet for each additional
story. No buildings shall be erected closer than thirty (80) feet to ~ny road
right-of-way passing through the tract.
Separation of bu[Idings shall mean the distance required based upon 5 feet
per Story per structure. Total clearance between two ad[acent buildings shall
be the total number of stories ]n both structures multiplied by 5 feet. Where
walls of adjacent structures are not parallel, the distance measured on a
straight line connecting the mid points of the 2 oblique walls may be consid-
ered as the. line along which the building separation requirement is measured.
d. A story shall mean each floor leveI, whether used for residential, storage,
parking or othe'r accessory uses.
A mlnlmum, of tv~,o (2) parking spaces per dweJllng unit shall be provided. Each
lng space must contain at least 200 square, feet of area and be convenient to the res-..
]dential use. No parking spaces on or.within road right-of-way are permitted to be
included in determining the required number of spaces.
A maximum area, which may be devoted to a neighborhood shopping center, includ-
ing its required off-street 9arking area, shall not exceed 2% of the entire tract area,
provided that the minimum tract area is 100 acres.. The area designated for business
use shall not front on any street or roadway on the perimeter of the tract~ ~ut shall
be centrally located within the Unit Development Area to serve the re~iden~ of the
development. '
a, .Local business uses in Section 8-C-1A l imi;ed commercial are permitted
on the tract of [and delineated on the Un[t Development Plan map.
b. No commercial structure or. its paved accessory area shall be erected
closer than fifty (50) feet to a res]dent]al structure or area.'
c." No commercial structure or its p~ved accessory area shall be. located
closer than sixty (60) feet.to a street right-of-way on the perimeter of
the Unit Development Plan tract; or to a through road bisecting the
trac~;
'd. one'parklng space shall be provlded for each one-hundred (100) {:eet
. ~- of retail floor area in the'center. ~'Each' parking space must conta[n'a
":-:" · ..... mlnlmUm of ~o hundred (200) squ'~re feet* Ail parking areas shall be;
~CO. NDITtONAL USES AND REQUIREMENTS (CONTD.)
(Contd.)
8~
A maintenance assoc[ation, legally constituted, to provide prope~
maintenance for all required services shall be established by the
developer. . i::7 ~-
No residenti6l or commercial construction permits shall be issued
until the approved Master PIan and the final plat t:or the phase to
be developed is recorded as a plat of record.
PROTECTIVE COVENANTS
.strative body of the development unit and shai[ exercise architectural control after it has
been organized and established rules, reguk;tior,~ and procedures. Provision shall be
'for rights of appeal crud arbitration, if and when such action may become neceSSary,.,"'!.:;il
PLANNED UNIT DEVELOPMENT iMPROVEMENTS
Protective covenants, running with the Iand, shall be a part of the required ptat and
Shall be recorded so as to preserve the uses of land as indicated by the plan; to maintain
architectural control of the design .of the structures; and to provide for the establishment of
a Maintenance Association and its d[ssolution in the event of annexation by a municipal-
ity, at the discretion of the associafr[on. The Maintenance Association shaJl be the admini~
The following site
3.
4.
5.
6.
improvem.ents sha[I be provided bythe developer:
Streets
Water Service System
Sewerage SyStem
Drainage :
Solid Waste Disposal
Sidewalks and/or access paths
'STANDARDS AND CRITERIA FOR IMPROVEMENTS
Streets
Streets shall be_classified Ciccoi-~iing to the Trafficways Plan of Palm
Beach County upon its adoption by the Area Planning Board. Until
such time a classification must be certified by the Technical Coordi-
hating Committee of the Palm Beach County Urban. Transportation Study.
The street standards shat[ be those established by the County Engineering
Department with respect to cross sections, materials and installation
dar~ts~ Minimum right-of-way widths shall be as.required by the
ways Plan.. . . .
.... STANDARDS .& CRITERIA FOR IMPROVEMENTS (CO~TD,)
2, Water Service Syst__em
Water systems mus~' be insk~Iled in accordance wlth Count); ~nd State
· . standards,
Sewerage System
Sewerage systems must be installed in accordance With County and State
standards. The physical plant and pipe system shall be so designed as to
be acceptable to, and compatible with, a larger system; or convertible to
a portion of an overall system for sewage collection and treatment for
entire urbanizing portion of the county,
D ra inage
Provision for proper dra[nage must conform to County Engineering De
merits standards and spec[£ications and the standards of the Drainage
trier in which the Unit Development Plan is located, ' '
Solid Waste Disposal ..... '
Plans for solid waste dbposal shall conform to, and be approved by t~e
County Health Department,
Sidewalks and/or Access Paths
Paved sidewalks when required shall be installed to the specifications of '?ii:;.'
the County Engineering Department,
Submission o~: Preliminary Master Plan & Application
A, Preliminary Master Plan on the entire tract must be submitted to the
Zoning Director with an application for a Public .Hearing to be held by
the Zoning Commission. The p/an shall consist'of the following item~
and contain the ]iste. d information:
~' -'"":"!: :'?! : ":' ': ' : :. "- Iteml "::':"
' '....:- ' .... ,' ..... Location Map. (which may be prepared by indicating the data :.:":
-" ~ ': ..." '... ,', .. . by notations on available maps) showlng~ ~'- .
. . . . . . . .. · ,~ ~..,.-., .:,,,.: , / ............... , ......... . ........... · / ~:,';'~*~ ~T'~.'~'.L'..' , .~,~.
':- ..", :" ..~ :: "-,' ,:-"'::'.:::~:,~::.':,.':~:,'.-a...'..Name and location o~:devel°pment;.
· . . .. . ..... . ..... . :. . . . :'
'~'.. :" :::' " :':::' "'~: " .. :.. ... ...- ::-.:>:'~ '... '~-.::~'>. ;:':::-:;:'::';'~;'~x:~b'~".".Any thoroughfares reJat0d t~ the development;' '. '
. PROCED, URES (CON'i'D,)
S,tep ];t :. Submission of Preliminary Master Plan & Application (Contd.),
(Contd .)
c o Existing elementary and high schools~ parker and p ay
grounds available for serving the area proposed to be
developed, and other community facilities; ·
d* Titie, scale, north point,date.
Preliminary Master Plan drawn to a horizontal scale of 200
'or less to the inch, and containing:
The proposed name of the development;
Sufficient information to abcurately locate the plat. (Ret-' .'.:
erence may be made to existing streets or plats., if there are
none lying within a reasonable distance of the proposed sub-..
'division, c~ vicinity plat on c~ small scale map should accompan
the preilmJnary plat);
The boundary lines al~ the tract to be developed~ accurate'
scale and bearing;
The location w]dths~ and other dimensions of all existing or
platted streets and other important features such as railroad.
lines, water courses, and exceptional tgpography within and
'contiguous to the tract to be subdivided.
:
Existing sanitary se~wers, storm drains~ and culverts within the
tract and immediately adjacent thereto;
The location of the commercial areas, proposed streets, parks~
resident[al areas, showing acres and structure types or densitle:
or locations of structures and intended uses and number of dweJ
ling units; and commercial areas when permitted;
:All parcels of land intended to'be dedicated For public use or
reserved for the' Use of all property owners with the purpose in-
dlcated; · . . ..". ,;:,:;; ~.:..;. '.:': '' ' ' L;;, .
.:..', L'} .- ¢ · '. ',:2.; ..... -.''4:~. , " . ' ) · ,. .
,P,ROC EDURES (CO NTD.)
Step 1 .' '" , 5ubmlssio~ o£ PreJJmJna,'y M~ster Plan & Application (Contd.)
" ' item 3. Statement conta[ning the foIlowlng:
The protective covenants or private restrictions fo'be incorporated i',~i
in the.plat of ~'he deveJopmenb or become covenants in the deeds :r':
for lots. ;i.
Pubi ic Hearing
''" ?'" ' ~': '" 'if the Conditional Use is granted by the Zoning Commbsion~ the <:ppi[cant Will
:~: :i" ~.:ii' ::.'.i be notlfied by the .Director of Zoning oiCtho tlmecmd place to me~et with the
PreJ]mlna~ Master Pl,n Review -'
The Rpview Committee shall make an examination of the PreJiminary Master
Plan to' d~termine compliance with the requirements of this ordinance and
the regulations of the departments and agencies concerned. Within a reason-
able time following the meeting with the Review Committee on the Preliminary
Master Plan, the Zoning Director shati notify the applicant in writing thatthe
COmmittee has approved the Preliminary Master Plan and accepted it as the
Final Master Plan and is ready to receive the Final Plat, or will advise the
applicant of any further changes in the Preiimlnary Master Plan which are de-
sired or should have consideration before approval end acceptance w.iJJ be
Final Plat Submission
The Final Plat of the deveiopmeht shaJ[ be filed within 6 months of approval by
the Zoning Commission or Conditional Use shall become null and vo]d. The
F.nal Plat shall contain the following area alJocahons, cgnform to the
and adhere to the principles and standards o~ design as required by the Palm
Beach County Eng[neerbg Department, Health Department and the State Ptat .'
A. 'The Final Plat may ]ncJude a~[ or only a pa~ o~ the approved Master
The filing fee shall be as determined by the Board of County CommJss[one~.
Bi' The ~ollowjng'basic 'information shall be shown:
~'1. Name o~-the development and the name o~ the larger develop-
ment or tract of which [t fo~ a part, if ~ o~ a larger devei-
· . ,;_,, PR,O C ED,~ ,R..ES (CONTD,)
.,,"~i~ ~Sfej~ ,4,, .. Final, Pla~ Submission (Contd~)
':' ' ': "' (Contd.)
Names of the developer and the engineer or surveyor;
The boundaries of the tract with accurate distances and bearings
(which should be determined by an accurate survey._[n the fields,
which must be balanced and closed); '~
Street lines o£ a]~ existing or recorded streets, intersecting~ crossing
or contiguous to the development (which should be accurately-tled--i.:i:
to the lines of the development by distances and bearings);
0
The accurate location and description of ail monuments;
The length and bearing of the lines of ail lots, streets~ alleys~ and
easements as laid out, length of arc, points of c. urvature, radii, and
tangent bearings.in the case of curved lines (the system of lengths
and bearings should be balanced so as to be consistent throughout
and consistent with the distance and bearings of the boundary, lines);
The location and intended use of buildJngs~ structures or any [mprove.~
ments thereon, with parcel numbers and areas shown in square feet,.
provided that if lots are.to be included, the layout of Iots~ lot num-
bers and dimensions shall be shown.
The accurate outline of ail property that is offered for aedicahon for[
public use, with the purppse indicated thereon, and o,: ali property'
that may be reserved by covenant for the common use of the property
owners in the subdivision;
Private restrictions, maintenance covenants as follows:
Private Restrictions.
Maintenance Covenants
In order that all required improvements sha[l be main-
tained properly, the developer or subdivlcier-shaJl estab-
lish an Association, Corporation or Trusteeship or organi-
arian of llke nature, which ~hail perform the necessary
functions to accomplish this purpose. A oopy of the
..i.~...,.,. ..... "~- ~': !~: Agreement establishing such .organization must ac~compan'.
· '-.."." '?(':.::?' ~ 'the proposed plan'and Pieliminai5
· "':-: :' 'i."i'.':~.':.? :::i~:.:' , . ' ,. ' ,!, .' , : ~ . ' ....
,, ~ '.t ,:.'[" ',". .1 :,~ . · ..,.,-ii' '. :~'.'.~.....~
:::: ~' 1' 't' '::, ,' 'l.,
' ' ' t : .. ' .' . :.. ..~ '.. ~ , , .:' :.'
,~.~. ,. [ i !-,PRO. CEDURES, (CONTD.),,
'Step 4....-,-~'" ", .Final Plat Submission (Contd.)
.. 'x"~ B...':' (Contd.). -.
:.:.:!(L:.)~i':...,~.:i':,::.;,.:'~.':i:':,,..~: :.i~.~. :.:.i~..i,i.:'i 'i:.'~'i'~,I~.:. i--9." (b) Maintenance Covenants (Contd.) "
(a) Pu ,rpose;
(b) Parries to the agreement which shall include the
owners of all lots and/or parcels in the tract area;
(c) Method of elecHng officers and directors; .-
(d) Administrators duties and responsiblJit'[es;
(e) Method of paying into the association maintenance
fund; ·
(f) Disb'ursement procedures t:or administrative purposes;
(g) Continuance of the Association;
Dissolution of associatJon and disposition al: any sur-
plus ~unds;.
Penalty for failure to:abide by the rules and by-Jaws
of the Association; '
Any other provisions desired by the developer or sub-
divider.
(h)
scale, and date (whether the north point [s magnetic
or true north shall be [ndJcated); -
'" '~ ' "? . ~ 11. ' A certificate Of a licensed engineer or surveyor to the effect that
.' '- ..... :; .............. :" ..... the plat represents a survey made by him, that all of the monuments
- .. "',. : shown thereon actually.exist, and that their positions are os shown.
i", ". !.!iL C. - When the Final Plot is subm!tted to the Zoning Commission, it shall be
~'"~ :"/"??'~ ~1. '~:.i A certificate by a qua,i~ied pro£essional e~gineer registered in ,he ',
. _: ,... ~.'- :..'~ .'i~ :.:'?,'? ~i:i, :T'.. State of Florida that ail improvements and installations ~or the de-
.~P~O C J~O U R ES ...(COiN TDu,~ )_
Final Plat SubmlssJon.fContd,)
When the Final Plat Js submitted'to the Zoning CommJss'Jon~ it ~halJ be ':.'i",.ii:/
a¢¢omFx~nied by one of the ~:oJIowlng (Contd.):' : :::i":~'· :' · ~:.":'~.
A bon'd which she, ll: ' ';i'i
Run.to the County Commission;
'(b)
-, ".
:.;' !' .Step 5.,. i"i,':.-~inal' P, Jat Approval
Be in amount to complete the improvements and instaJJations in
compliance with this ordinance t:or that portion oi: the development.
included in the F]n(~l Plat; '
Be with surety satisfactory to the County Commlssion~'and
Specify the time for the completion of the improvements and in-'~
stallations. ~
Within a reasonable time'after application for approval of the Final Plat
the Zoning Commission shall approve or disapprove it. ii: the Zoning Com-
mission approves, it shall affix its seal upon the Plat, together with the
certifying signature of its Chairman and Vice-Chairman. it: it disapproves~ ..
it shall set 'forth the reasons for such disapprovc~l in its own records and pro-'-
vide the applicant with a copy.· ' .
The bond referred to in Item 2 o~: Paragraph C above, will be released only
upon the submission ot: an en.gineer's certificate as described ih Item 1
Paragraph Co
PROCEDURE FOR MODIFICATION OR CHANGES IN APPROVED MAST.ER PLAN
.[
.... No changes or modification Of an approved Master Plan is permitted~ excel~t by
- .~ ~olloWlng the procedures for approval of a new Master' Piano. -
,' .% ....... . ...... .,~i.~i~.;..,:, :-~: '::'..:...]'. .. .... ;
TYPE "A" TYPE "B"
Minimum Tract Acreage [ 700 Acres 20 Acres
· Business Acreage '
" Be Mixed
Structure Types ! Can Be M]xed " annot
Building Separation I 5'/Sto~/Structure j 5'/Story/Structure '
· "I 2 Spaces/Unit' 2 Spaces/Unit
Parklng~ P, es~den,~a
Parking, Business J1'Space/100'. Gross FI.Ar.i 0
Perimeter.Setback ..... -.. . 60' 30'
Setback from R/W . '" ' 60' 30'
M[nlmum Floor A~:ea':
i: Multi-Family . See Se.ct.//6-1-2 (a-d) See Sect #6-1-2 (a-d)
· Dwelling UnitS, One or Twa'FamilY 700 Sq: Ft./Unit 700 Sq. Ft'/~dnit
Hotel/Motel Units j None - "
· Separation. Between Res. & Comm,' 50' ... -
Types of Business '..'i.'ii'. ...... Same Sec. 8-C-1A 0
Height oFStructure ..~ .!.-..' ': ... Not [imif'ed except when Not limited except when
,.. ;.. ' - , . ' ' proposed development ' proposed development·