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Minutes 08-06-68FJ/NIfFES OF THE RE~ PLANNING AND ZONING BOARD B~FrING HELD TUESDAY, AUGUST 6, 1968, AT 7:50 PJL AT CITY FALL, BOYNTON BFAC}I, FLORIDA. PRESENT Robert Olds, Chairman Maynard Wertz, Vice Chairman Col Wehrell Stanley Weaver James MacAlpine Leon ClOutier Stuart Fuller Building Official. ABSENT Foy Ward Olds opened the meeting. Approval of minutes of July 2, 1968 meeting. Col ~!ehrell advised there was a correction on Page 4, Paragraph 5, second sentence "is it going to be a'dormitory'". Col Wehrell moved we accept the minutes with the correction. Seconded by Mr. Weaver. Unanimously carried. ~.Pr. Olds stated that we do not have a D-! Zone. This is being worked on and at this time he asked to hear from ?~r. Dake. Mr. Drake advised he was not really sure where to start regarding this pro- posed change in zone in the western area. He commented very generally for the West area of the City. He advised they have just:, begun their long range plan for the City and in so doing, have come up with the fact that the future of this commmity is going to be determined by what happens in the Western area. l~ have to go West and the land is available and valuable land. With I-gs coming through, it is really going to be something tremen- dous for this City. Interchange at 2nd and we hope at 1Sth and that will be our front door then. We, as planning cons~dtants, are very concerned with 'what happens out there. We want it to develop in the best possible way it can, not only with quality, but developed in the proper way. so that we don't have it like the other areas we have today. ~Ie have a brand new development, Single family detached condominium homes. We are very much impressed with the concept of the land use as it is taking greater overall advantage of the area. The zoning ordinance that is proposed before you is the D-1 out of the Broward Ordinance. It is our feeling at this time that perhaps it is not the proper approach to this problem. We want very much to See this go through and we feel it could, possibly by special exception. Mr. Olds read report given to the Board by Mr. Dake. ~r. Dake: Generally, we are saying that the present Ordinance that is being proposed tonite as an inclusion as a Special Zone in the present ordinance is, in our opinion, not proper at this time for this community, as we feel that if we adopt this, we ~rill have to turn around tomorrow and make another ordinance. They can approve this u~e as a Special Exception. -1- ~.~inutes Planning ~ Zoning Board August 6, 1968 Delray has this same provision they adopted about a year ago. Here is what it does: ~re are finding in Planning & Zoning, the developers are coming up with real unique developments. Today, in Florida, we are actu- ally putting the burden on the developers and they can not do the best job and the best possible development of the land because they are stuck with zoning. InStead, this will put it in the hands of the Planning Board and ' the C~uncil, the power, so th speak, of apprOVing a given kind~ of develop- ment after h~ve reviewed this develop~ent t~oro~ghlY and this is a concept now and used throughout the country today. Under the not even put in something like Atlantis. illth that, you may d~oose to open up discussion now and see how you wo-ld like to apprOach this problem at this point and. to go through with this Special H~eption. ~'~e need t° add a d~fini as a for the City, in the Ordinance. We be an amendment only you adopt this as is, they can come in thing out. In this actually requesting subdivide a greater than the having to go s passed into law best been for these things. excellent. Ck~r zoning. ils [11 If whole tO the have ~ land is ~r. King, from Caldos Properties, came forward: P~e plan an identical development to the one in BrowardCounty, but much bigger andmuchgreater. More recreation area and more land. We are here tonight to ask for similar zoning as the D-1 zoning in Broward County. Mr. Stanley ;qeaver: B~r. King, this question made by Mr. Dake is all new to us. I have not seen any draft of the D-1 zoning that came from Broward County. ;qould you think that this might be an answer to your particular problem? Mr. King: I would have to leave it up to Bir. Bbrrison, our attorney. D-1 is working out fine in Broward, to all builders and the County. Mr. Olds: ~rould ~4r. Dake's suggestion, as to special excePtion, permit this type development without going through creation of another zone. Some of our zoning laws will have to be changed, you would have ~o present it to your attorney for approval. Mr. King: I have not even seen it and ~. Morrison will have to check it out for us. -2 Ninutes Planning ~ Zoning Board August 6, 1968 ~r. Olds: To create the D zone, as in Broward County, with changes and pass that, then would you have the authority? ~. I~orrison-: ~hat 5~r. Dake has suggested here is a pattern whereby the developer would be in constant contact with your Board on any development, actually, in terms of land use development. This proposal is a lot more liberal than the Broward Ordinance. Ho~,~ever, the~ builder is faced with and has to abide by, and go back. to the Council requesting changes. Through Mr. Dake's plan, it would leave the developer and the Board ctoser with their plans and it would be a lot easier on both, the developer and the Board. I see no objection to t~his proposal. ~ir. Olds: In view of that and in view of the fact that in your basic planning, you are not developing the rest of it as yet, each section would be separate on revie*~ing. ~w. ~{orrison: This plan is for 400 some odd acres and any time a plat would be ready for approval, regardless of how many acres, 50,100, 150 acres, once the land has been made subject to the Special Exception ..... ~.4r. !)ake: I hope that some day we are going to see something come about that will take the place of the word "zoning", to control the development. He stated that this approach will keep the developer under control. The City will benefit from it. This technique ! ~.eel can be of vital importance to the .~rest. ~. Dake then went to the map and explained it in detail. ~,k. l'iertz: Since this is the first ti~.e any of us have seen this, there are a number of questions in nnf mind. This is a proposed change to the exist- ing zoning regulation. }~5o has the authority to approve these changes? ~oes the City Conunission have the authority, or will it be the State Legislature ? b~r. Dake: The City has the pc~eer from the State to establish a zoning ordinance and set the specifications within that ordinance. That is in Section 11 of the present City Code. Perhaps there is a question on the advertising. You have actually advertised for a change in zoning and you are discussing that change in zoning tonight. I think you could go ahead and discuss it and you could go ahead and pass these changes and refer them to the City Council. As I said, in the cover letter, "these things should be carefully reviewed before they are sent to the ¢~ty Council". I think what you could do is approve this with changes, subject to approval of the City attorney and the Council. Or, you could set up another workshop. I mention this as the developers are all set to go. The question is, not whether it is a good project or not, as it is certainly a good project. The question is to make the necessary changes in the present znning ordinance to cover this. )Jr. Stanley l~eaver: ! have been asked what is Boynton going to be. Is it going to be and industrial to~n, etc.? I think, as far as we can fortell, right now we have pretty well established that we will be a residential or bedroom area. I~e might get some sail portion of development in industry. The land l. fest of ~oynton, we are fortunate that there are, in general, a small number of land owners ~hich is not true l~est of Lake Itrorth, until you get out to .th.e Turnpike. Not true of t."~est Palm Beach and in Boca. ~,.~nutes Planning ~ Zoning Board August 6, 1968 Most of the land has already been purchased by Arvida and is now under development and this makes it advantageous to the City because, these areas can be planned in large sections, from 200 acres and up. In most ifcases'thisthereis doneiS smallerer acreage involved, but 'relatively. few here, I think prefer this t~;~g'lveYlom~enC~n~t.r.?_l_l~e,d p?pe. rl.y,,it ¥ould be good. I would aevelopment, for an at~ ~ ~,~v~r ~u~..e_con?~m,~.nl~um_.~n t_erms of~ cooperative S ; ' . . . nK tn~s ~s preferable to terl~ng Village or Hampshire Gardens. This could be handle~ better and kept up properly. ~e hope the people who buy into this, have the same feeling about it as we have about our own homes. ~e can have further workshop meetings and go from there on it. Mr. Morrison: On the type of development that Caldos Properties proposes to undertake, under the Special Exception ordinance, the homes are all maintained under the Community Association as well as the large percentage of traffic throughOUt the area. The Commmity ~ill have a certain standard of maintenance which will eliminate the ssibility that one house two or three houses will be let go down. Also ~°rom a tax standpoint, for or the rest of the City of Boynton Beach, these private streets will be maintained by the Association and therefore ~ill not be a tax burden on the City. The other point I ~ish to make at this time is, I used to be a City _attorney myself and I have been faced with decisions from. the Planning B~ard and it would be pe.r.fectl.y proper for .you to approve Mr. Da~ke's changes in the ordinance subject to any corrections or changeS the City attorney would like to make and present it to the Council, and even though the public notice of this hear- ing was on the proposed adoption of the D,t Zoning, your recomnendation ca~. b.e i~ .the for~. of forwarding it on to the Coul~cil and you have thereby m~et tn? zazr requirements of the Charter and the City Council can tak zrom there. ' ~ it ~r. Olds; It is a matter of approaching it from a legal standpoint and we have not had an opportunity to read it. ~ir. James ~acAlpine: I believe in our last session, we agreed to expedite this, which I feel Mr. Drake has. In doing so, that is one of the reasons we have not seen it before. Mr. Dake submitted his part of the material to us and the developer has agreed with it as set out. ~e all feel that it will be good for the City and I believe we now have to turn it over to the City attorney. Mr. Olds: I agree with him, but I think we shot~ld at least read it. This was brought up before Mr. Dake could provide us with a comprehensive plan and from what we now have, it appears that it will be a real good thing. This gives us a chance to open up this }'~esterly area where we have an opportunity to go ahead. Dr. Charles Eschenburg: I am here tonight to question the setting aside of a large portion of residential area to older people. Is this the right type of development for this community? Relative Iow cost housing tends to stifle the commup2ity. ~inutes Plannin~ ~ Zonin~ Board August 6, 1968 Gentleman from the Audience: I think this is a wonderful thing for this comunity and disagree with. the Doctor. I am a retiree and I don't see how he can draw a line. The overall picture is how much tax that it is going to bring in, where now the area is lying dormant out there. Don Franzi: In n9- opinion, this development is wonderful and I feel it should be opened to others to do business such. as lama maintenance, etc. Col .wehreli: He read the four pages set out in proposed report from Dake on Special EXceptions. Mr. Olds: I think we should turn this over to the attorney. Mr. Earl Owen: This plan has been presented to you and I believe you like it and this report from ~ir. Dake tonight, I believe you could make recommenda- tion to the Council to approve this and at the same time, either adopt an ordinance like this, or the D-! zoning ordinance. I don't believe you are obligating yourselves, really. Mr. Wertz: I believe, even if we went ahead and approved this report, we would still have to go into great detail in approving your subdivision plan. ~4r. Owen: As each specific development area comes throuDh, you would have a chance to go over it again. Mr. Stanley Weaver: Consequently, before you would do anything outside of clearing it, you would have to corae back to us wi. th that 50 acres. Mr. King; ..Not the first 50 acres. Each area after flint yes, but not the first 50 acres. You have had the plats and I believe everyone is familiar ~th the underground utilities, etc. ~dr. Stanley Weaver: .We haven't seen an official plat yet. Mr. King: There may be a d~ange. The first phase will have to go back to you for approval. Mr. Stanley Weaver: I don't see why we can't recommend the passing of this ordinance at least expressing our approval, if we decide to subject to the legal changes, etc. ' Mr. King: Every ti~e we come in wit2~, a new plat, we will have to have it approved by the Board and Council. ;qe haven't too much time, but we have been with builders and we want to start September 1st. We hope to have the models completed by December iSth. If it is any later than that we miss a lot. , Mr. Dake: Within Section 25 of the Code, you do approve all plats, the tentative approval, and then final approval and the question is, that they have perhaps given you a tentative subdivision and this is about ~dnat it is. Now we need to tear that one apart. I think this perhaps can be a tentative ? ~inutes Pla~ing ~ Zonin~o :Board August 6, 1968 one, but by ~iving them tentative approval on this zoning cJmnge, that will give them at least 1S days notice and the CitT has to ~'ive notice too. ~'~,'r. ~,?ertz: I notice there is a :~25.00 fee required with filing application under this. Is this taken because tJ~is is the fee called for under the present City ordinance? ~4r. Dake: Some-elites do not use a fee for zoning change requirements; some have a fee of $50,00 or more. Sometimes this keeps dram a number of requests that should not come up at all. This fee pays t~:e price of adver- tising. It may be that 625.00 is not enough. Mr. t~eaver: ~:e Doctor did mention the effect of retired persons. ?etired people have mere money than they used to have, $0% of the total population of the United States ~.~[!1 be 15 years old. The old folks will take care of themselves. ~4r. Dake: I am. very happy to see that the .~r~ctor and this retired gentleman are both here. U~.e first tim I had the opportunity to sit dam and talk wit,h t~he Pla~ming Board was about thirty days ago. t,~e got into the "future of the City, .hc~v we can d~ange it, etc.~?. But I think we n~ have an opportunity to get started and perhaps if things are done correctly, here perhaps this City can capitalize on this new unique development. The City has a cbmnce here to jump on this and throw it in the papers, etc. I think the City can gain nmre t~han the developer would. Mr. ;~eaver: The only hope that I would have is that with the business this would perfom for us, otb, ers ~11 co~ and like it and possibly, for instance Golf View }~rbour, will come bac2~ to life as it is one of the most desirable areas in South Palm Beach Count)n,~.ere there are homes in the bracket, etc. I believe I am. satisfied, flint we car, act on this toni~,~t at least in saying that we recommend to the Council the adoption after proper scrutiny by the City attorney to ~ange our ordinance. ~4r. Stanley l~feaver moved t~hat t2~ese suggested ame, ndm.~nts be incorF~rated Ln the present zoing ordinance by the City Council after review by legal counsel of the City. Seconded. by Col. Wehrell. ~"nanimusly carried. Col I'Iehrell: I think Boynton 8each. badly needs a shot in the am and I t~hink this may generate more activity, in the ~?:'est side. I think ~ ~rill see further development not necessarily on this type, but as .t...-,~. k'eaver says, it m~y awaken other areas. I~r. l'?ertz: Did I see in here some~here, that this would apply to areas of 100 acres or more? For example, tJ~.ey are speaking about developing 44 acres. H~4 would this 100 acre restriction apply? Mr. Dake: They are coming before y~ wit.h acov, prehensive plarm, ed unit development 428 acres. !.~at we are sayinf is that in order to have this apply, ~%~ need at least 100 acres of land. and tib. ey bring you a plarmed unit development &~d from that they will specify their first trait development. ~'~ey are askinf for zonin8 on tJ~e 428 acres not only on the first section alone. A tL:~e limit is a wise thing to set on anything like this. -6- ~inutes Planning ~ Zoning Board August 6, 1968 Discussion held. ~r. King: This sets a pattern for the ~estern development. There are three builders in Leisureville and they have sold out just like we have. ~.~r. LaClague, public relations man for the Company. ~.~r. LaClague: In Leisureville, we have spent $130,000,00 since October 14th, including advertising in about 14 rmwspapers in the North and a great deal of advertising in this area and Leisur~v~lle thru the season drew crowds of from three to four thousand on weekends. Mr. ICing: It is 3-3/4 times larger than Leisureville. ~r. Wertz: I am in favor of this concept and in favor of putting something in the recommendation to the City Council, but I want to be certain by voting for this motion tonight, we are not approving and before any building is done at all, we ~rill have to approve each section. ~qr. Stanley ~',~ . ,eaver. The other requests for the commercial and R-3A, can those be put aside tonight? Discussion and checking of map, plans, etc. Mr. Stanley l%~eaver: Mr. Weaver moved that we report to the City that the  of the Board is that we are in favor of the Planned Unit ~evelopment carried, presented to us tonight. Seconded by l',~r, t,{acAlpine. Unanimously Mr. Dake: Here's the way this should work. You have now approved Special Exception to the Ordinance etc. In theory, the developers should come before you with application for a Special Exception. He has done that and you h-ave advertised for it. Now, what you need to do is approve his overall plan. },~r. I~eaver: R-SA is what we are discussing now. Discussion held on this. Mr. MacAlpine moved that Parcel No. 4, as designated, be recomuended to be changed to R-3A. Seconded by ~,~r. Cloutier. Unanimously carried. ;~r. ~4orrison advised that ~r. Dake suggested that all of the requested zoning i.e., R-SA and Conmercial be within the Special ~xception District. I Don't have any particular feeling from' the developers standpoint, but you have already acted on the R-~ and are now discussing the commercial, so why don't you just leave it that way. The development of residential single family area is going to have to be done as a normal zoning thing, and it's up to you as to how you want to handle it. Discussion held. ~,,ir. ;~leaver: At some future date, you may want to change your desire as to its use. -7- ~%inutes Plan~_ing g Zoning Board August 6, 1968 Mr. Dake: They are asking for commercial. It will be on the map as it is drawn. ~en they come ~u with each plat, we will approve each plat as a part of the whole planned unit. Mr. King: This will not go. }%Te need approval of the commercial in order to advertise. ~fr. Dake: We have approved the conmercial in the Special ~xceptions. Mr. Olds: We did approve of R-3A. Mr. LaClague: We would have to have it approved separately. Mr. MacAlpine moved that Parcels 1, 2 and 3 be so zoned to C-1 as described. Seconded by Mr. ~"~eaver. Unanimously carried. !~r. Weaver moved that the meeting be adjourned. Seconded by ~4r. ~{acAlpine. Unanimously carried. ~inmeeting adjoumed at iO:lS P.M. Further discussion held by Board and Mr. ~e until 10:$5