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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent 1. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community Redevelopment May 13,1998 Mike Zeman 10 Lake Eden Drive Boynton Beach, Florida 33435 Re: Hills at Lake Eden File Number: REZN 98-001 - Rezoning Location: West side of the intersection of Seacrest Boulevard and Gulfstream Boulevard Dear Mr, Zeman: Enclosed is the City of Boynton Beach development order regarding the City Commission's May 5, 1998 approval of your rezoning request, regarding the above property, As you requested, this approval excludes your original request to reduce the required minimum side building setback from 10 feet to 7 'Y:z feet on lots #1 through #8. Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, ~J~/A~ Tambri J, Heyden, AICP Planning and Zoning Director T JH:mae Attachment Xc: Central File (S:\SHRDA T A\Planning\SHARED\WP\PROJECTS\HiIleden\REZN 98-00 I \Dev Order letter,doc) America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P,O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CIT - 1F BOYNTON BEACH, FLORIDA - &NAI'/N'f2, eP~~a~ PROJECT NAME: Hills at Lake Eden APPLICANT/AGENT: Mike Zeman APPLICANT'S ADDRESS: 10 Lake Eden Drive, Boynton Beach, FL 33435 DATE OF HEARING BEFORE CITY COMMISSION:-4f21/S8 ~/?, TYPE OF RELIEF SOUGHT: Rezoning . PL;;:.);,"f':" Ii' ~ID ; .. ' "lJ III ~____ ZOf~!r!G DEP1: LOCATION OF PROPERTY: West side of the intersection of Seacrest Boulevard and Gulfstream Boulevard, DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above, The City Commission hereby adopts the findings and recommendation of the Planning and Development e'::ler1, wr.ich Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above, The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant t/ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth "1fi Exhibit "COO with notation "inciuded". 4. The Applic~t's application for relief is hereby L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 7. All further development on the property shall be made in accordance with the terms and conditions of this order. ~\\\\\'''IIIIIII''",~ ~ &OVNro~. ~ ~ ,.~ ~ ~ 0" Q ~ ~ s ~~ g~p \"c,~ ~()i ::1:= % '- 1920 l ~ ~.... ..-' i:: ~ --.-" ~ ~1. .-t'LOR\Ot- ~.# '11111", IIII \\ \ \ \\\\: Other 6, ~~~~ City Clerk J:\SHRDATA\Planning\SHARED\WP\projects\HiIIsEden\REZN-98\DEVELOPMENT ORDER REV. doc DATED: $,py 8~ /P?i1 EXHIBIT "0" Conditions of Approval Project name: Hills at Lake Eden File number: REZN 98-001 Reference: The plans consist of 1 sheet identified as 1 st Review Rezoninsz:, File #REZN 98-001 with a Februarv 17. 1998 PlanniOlz and ZoniOlz Department date stamo markinsz, DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X Flr.E Comments: None X 1 POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS l. DENIED, X ADDITIONAL CITY COMMISSION CONDITIONS 2. Te he eeteFlftifted:- #41N'e' ,,/" Ibme 1:\SHRDATAIPLANNING\SHARED\WP\PllOIECTS\HD..LED1!NIREZN 9I-OOl1COND. OF APPIlOV AL-1ST,DQC \ ~ ~ \, ~ \. ' \:, R ("--. ~> \}.""::J ~'f' ~ \-~ ... OJ~'j;.OJ ooa<& ...c::. r- (J) d' %~??....c::. ::)cor-Q OJ~~~ cococo~ ~ ::) rn-' ::r .-t 0. ~ ~ ~ co -nz::) O'co -1 a:. 0) ~ ~ (J\ ~/ v .~ ~~ ~\ \ \ \' t ~ ,\ ~, f:'t '\ \ \ \ \t ~ ,: .~ 'l__ j ,--:. \>(', 11' "If"' , \\ .i, ~ --.-' / ----....' '- - -" ' cP -0 .> ~~ oog ~~ . rf\ " ~ cP 'cP ~7. \ O~o ~. (,) Z (,) ~~o \ ~~.>~ ~~ ~~OO ,7. 0" n -z. 0 e~ $\~'\1 .> '11 "'-! >z. ~ o '0 n ~' jQ -,:. ~ ~. 6 O'~c - ~ ~ , 0 ~ . ~ ~' ~' ~ ~ -- ,....------,-,.....--.....----------- DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent l. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community Redevelopment May 13, 1998 Mike Zeman 10 Lake Eden Drive Boynton Beach, Florida 33435 Re: Hills at Lake Eden File Number: REZN 98-001 - Rezoning Location: West side of the intersection of Seacrest Boulevard and Gulfstream Boulevard Dear Mr. Zeman: Enclosed is the City of Boynton Beach development order regarding the City Commission's May 5, 1998 approval of your rezoning request, regarding the above property. As you requested, this approval excludes your original request to reduce the required minimum side building setback from 10 feet to 7 % feet on lots #1 through #8, Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260, Sincerely, Ic:~j IJ~~ /ciL~ Tambri J, Heyden, AICP Planning and Zoning Director TJH:mae Attachment Xc: Central File (S:\SHRDA T A \Planning\SHARED\ WP\PROJECTS\Hilleden\REZN 98-001\Dev Order letter.doc) America's Gateway to tire Gulfstream 100 East Boynton Beach Blvd,. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent J. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community Redevelopment May 12, 1998 Re: Hills at Lake Eden File Number: REZN 98-001 - Rezoning Location: West side of the intersection Boulevard . >>~1. ~J. ~ ~\I,JV' Mike Zeman 10 Lake Eden Drive Boynton Beach, Florida 33435 of Seacrest Boulevard and Gulfstream Dear Mr. Zeman: Enclosed is the City of Boynton Beach development order regarding the City Commission's Ma, YCl 5, 1998., approv. al. 91, ~yo~ re,zo~i?~ ~equ~st, regarding the above 1/, property. ,A('7 W'-i-L / /2.~/{ u'c~~~ *C~ ti..f7~~ ,fi~/ {!"t<.~ Should you have any questions regarding this matter, please feel free to contact this ..---/ office at (561) 375-6260. _-' ,,--- Tambri J. Heyden, AICP Planning and Zoning Director (lr~ (Lff~LwJ- Sincerely, TJH:mae Attachment Xc: Central File America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P,O, Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 eta. '.. ../.JsV, ~N'AI'/N~ DEVELOP" - -f\ ')RDER OF THE CITY COMIV S '~ OF THE e:Je~ .4a~ ""ITY OF BOYNTON BEACH, FLOFuuA PROJECT NAME: Hills at Lake Eden r 1(o)!L& n \VI m m- II I)" "I;. MAY' 21008 7 ~ ..,..,., ' i j i. '- . '~~ :'';-':''''.,:;:o:--_J -1.' . . -, . ~ ". I ,.,.,".,._,,~ APPLICANT/AGENT: Mike Zeman APPLICANT'S ADDRESS: 10 Lake Eden Drive, Boynton Beach, FL 33435 DATE OF HEARING BEFORE CITY COMMISSION: 4/21/98 T~#" TYPE OF RELIEF SOUGHT: Rezoning LOCATION OF PROPERTY: West side of the intersection of Seacrest Boulevard and Gulfstream Boulevard, DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO, THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above, The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1, Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ./ HAS HAS NOT established by substantial competent evidence a basis for the relief requested, 3, The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth 'l11 Exhibit "C" with notation "Included". 4. The Applic~t's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5, This Order shall take effect immediately upon issuance by the City Clerk, 7, All further development on the property shall be made in accordance with the terms and conditions of this order, ~\\\\\\\"III""'IIIM ~ ~OYN"O+~ (o~~~~ S:..p ~.,,~ _J.- ()::: - - - :0\ :J:: % \.....1920./ ! ~ . .. s ~ ..... ... *" ~ ~1.0A\Ot- #' "II/, ~\" 1'111111111\\\\\\\'\ Other 6. ~~~~~ City Clerk J:\SHRDA TA\Planning\SHARED\WP\projects\HiIIsEden\REZN-98\DEVELOPMENT ORDER REV. doc DATED: $~Y' B/ /~?$ EXIDBIT "D" Conditions of Approval Project name: Hills at Lake Eden File number: REZN 98-001 Reference: The plans consist of 1 sheet identified as 1 st Review Rezoning. File #REZN 98-001 with a F ebruarv 17. 1998 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DIVISION Comments: None X P ARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. DENIED. X ADDITIONAL CITY COMMISSION CONDITIONS 2. Te he aeteftftiftea:- ~"'e' ,/'" !bme JISHRDAT AIPLANNINGISHAREDIWP\PROJECTS\HlLL.EDEN\REZN 9I-OOl\COND, OF APPROVAL-I ST,OQC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE .....~TY OF BOYNTON BEACH, FLOP~A &N~N'~ ~<Z&u Lla~ PROJECT NAME: Hills at lake Eden /(O)r & ~ g \VI ~ ,fnl WI MAY I 21998 . ~j APPLICANT/AGENT: Mike Zeman APPLICANT'S ADDRESS: 10 lake Eden Drive, Boynton Beach, Fl33435 DATE OF HEARING BEFORE CITY COMMISSION: -4/21/98 ~ft, , TYPE OF RELIEF SOUGHT: Rezoning PLAi'M!NG Ii' ~IO 7r" 'I' If IY -,j' i 1', J DEPT. LOCATION OF PROPERTY: West side of the intersection of Seacrest Boulevard and Gulfstream Boulevard. DRAWING(S): SEE EXHIBIT "Bn ATTACHED HERETO, THIS MA TIER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above, The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MA TIER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above, The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's land Development Regulations. 2. The Applicant t/ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth 'm Exhibit "cn with notation "Includedn. 4. The Applic~t's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5, This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. ~,\\\\\"lIIfIIllllll~ , ~OVN7'o+ ~ (6<~I)~ :1J1.(4 ~7~ = t: -, 0 = =0\ ::t~ ~ ~ ~ \...1920; l ,,~ ~~ ~ ...1 ..... ~ City Clerk ~/" ~l.OR\Ot- ~.# J:\SHRDA T A\Planning\SHARED\WP\projects\HiIIsEden\REZN-98\OEVELOPMENT ORDER REV. doc '11111/1"11' \\\\\\,~ 6, 7, Other DATED: ~;tP" $" /P?J/ EXIDBIT "0" Conditions of Aooroval Project name: Hills at Lake Eden File number: REZN 98-001 Reference: The olans consist of 1 sheet identified as 1st Review RezoniDlz. File #REZN 98-001 with a February 17. 1998 Plannine: and Zoninsz Deoartment date stamo markinsz. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTERlENVlRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. DENIED, X ADDITIONAL CITY COMMISSION CONDITIONS 2, Te Be Eleteflftillecr Jll'epN'e' / !bme J:\SHRDAT A\PLANNlNG\SHARED\WP\PIlOJECTS\HlLLEDENIREZN 9I-OOllCOND, Of APPIlOV AL-IST,DOC Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORI DA 33425-0310 FAX: (561) 375-6259 PLANNING AND ZONING DIVISION to: Bobby Gauthier fax#: 736-9467 from: Mary Ann Esnard date: June 15, 1998 re: Attached please find Ms, Heyden's May 13, 1998 letter addressed to Mr. Zeman, which we have been trying to mail since then, The Post Office has been returning it to us each time marking the envelopes, "NO SUCH STREET", When it was retumed to us a few weeks ago, I called your office to confirm the address is correct, and was advised to mail it to your attention, as you are now assigned to this project, Due to our inability to mail it to you, we are faxing it now instead, Also, this brings this problem to your attention, as you may want to check with the Post Office(s) involved to see what the problem may be, Thanks, pages: ~, including cover sheet. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 561/ 375-6260, Planning and Zoning Division City of Boynton Beach Boynton Beach, Florida 33425 375-6260 Fax: 375-6259 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH. FLORIDA 4. APPROVAL OF MINUTES MAY 12.1998 Mr. Reed moved that the minutes of the April 28, 1998 meeting be approved, Mr. Dubs seconded the motion and carried 7-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. PLANNING AND ZONING REPORT (Tambri Heyden, Planning and Zoning Director) Ms. Heyden stated that late this afternoon her office received a request for a two-week postponement until May 26, 1998 of the public hearings for Barbara Bradshaw Zoning Code Variance for the two items on tonight's agenda. (Item 7 A.1 and 7 A.2) Motion Mr. Dubs moved that the public hearing on the Zoning Code Variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5,G.2,a (rear and side yard setback) and Request for Variances from Chapter 2 - Zoning, Section 5.G.2.a (dwelling size) in the matter of 658 Manor Drive (Barbara Bradshaw) be tabled until the May 26, 1998 Meeting. Motion seconded by Mr, Reed and carried 7-0, A. Ms, Heyden stated that at the last Planning and Development Board meeting there were two items on the Agenda relating to Benvenuto's Restaurant, one was for abandonment of a special purpose easement and the other was the gate elevations to be referred back for design review, Ms, Heyden stated that at the last City Commission meeting both items were approved, B, Ms. Heyden also stated that there were two items that had been tabled at the last City Commission meeting that were before this Board at the April 14, 1998 meeting, Those matters were the Hills at Lake Eden PUD rezoning and the Palm Walk ACLF conditional use application. With respect to the Palm Walk ACLF application the City Commission requested that the Applicant relocate the kitchen area and the Dumpster that was in the front of the property. Ms, Heyden stated that the Applicant did relocate the kitchen area and Dumpster and the City Commission was satisfied with the new location, There are two buildings on that property. 2 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH. FLORIDA MAY 12.1998 The new kitchen facility and Dumpster location will be at the northeast corner of the main building (ACLF building), , With respect to the Hills of lake Eden the applicant, based on some of the concerns that the City Commissioners had, deleted from their request the reduction to the required minimum side setback from 10' to 7%' for lots 1 through 8, which are on the street side. Subsequently the City approved the request, with the exception of the exclusion. , '..: ~ ..; I .... . B. Ms. Heyden announced that the next Downtown Redevelopment Workshop to be presented by James Duncan & Associates would be held on Thursday, May 14, 1998 at 6:30 p.m. in the Library Program Room. Ms, Heyden stated that since the Planning and Development Board have assumed the position of being the advisory board to the CRA with respect to downtown issues, there will be a great number of downtown issues on the workshop agenda and all members are encouraged to attend this meeting. C. Ms. Heyden stated that last summer the Walgreens at Alhambra Square North came before the Planning and Development Board on a site plan approval and the City Commission deleted it from the agenda until such time as the applicant went back to the courts to request clarification on the pharmacy/drug store issue. This item will be coming back to the City Commission the first week of June, Mr, Reed inquired as to the status of the court case and Attorney Pawelczyk stated it was still in litigation and no hearings have taken place , to date, Attorney Pawelczyk stated this issue. "Va,s discussed in Executive Session at the last Commission Meeting. (Chairman Wische introduced Assistant City Attorney Mike Pawe/czyk to the audience) Mr, Reed commented on the Request for Zoning Variance on 658 Manor Drive and said that he happened to be in the area on business and urged the other Board Members to go by the area to view the parking area which uses sod blocks, rather than hardtop, and is an environmentally friendly parking area and probably is a tirst of its kind in the City, Attorney Pawelczyk administered the oath to all witnesses who would be testifying during this evenings proceedings. 3 MEETING MINUTES REGULAR CITY CO~"""lIISSION BOYNTON BEACH, t- ..~RIDA MAY S, 1998 Motion Mayor Pro Tem Tillman moved approval of Palm Walk ACLF, Vice Mayor Jaskiewicz seconded the motion, City Clerk Sue Kruse polled the vote, The vote was unanimous, C. Project: Hills at Lake Eden PUD Agent: Mike Zeman Location: 15.40 acres of property located between S. Sea crest Boulevard and Swinton Avenue just north of the westward extension of Gulfstream Boulevard (10 Lake Eden Drive). Description: Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and screen enclosures from 29' to 20' on Lots #1 through #9 and on Lots #17 through #25; and to reduce the required minimum side building setback from 10' to 7 112' on Lots #1 through #8; and to modify two conditions of the original PUD rezoning to reduce the required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the required minimum average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air) (TABlED FRON CJTY cONNrssroN NEETTNG OF 4/2~/98) Motion Commissioner Titcomb moved to remove this item from the table. Vice Mayor Jaskiewicz seconded the motion that carried unanimously, Mike Zemen. reDresentlng Kennedv Homes. 10 lake Eden Drive. reported that the applicant reviewed the plat, what it would cost and the time constraints, and it is virtually impossible to restructure the lots in the subdivision, The developer is willing to forego the change of setbacks on the sides of the homes on the Swinton side from 7W to 10', This would allow the developer to build two models with pools, Tambri Heyden, Planning & Zoning Director requested that the Commission focus on the quality of this project, As depicted in Exhrjt "C" of the back-up material, pools cannot fit on almost half of the lots unless two-story units are constructed, Staff weighed this against the affect of the applicant's request to reduce the size of two of th'e four models. Without changing the conditions as requested, once the developer finishes the project, the City will be faced with homeowners who do not understand why they cannot have a pool in their back yard, Planning for this now will encourage a better development for the City, Commissioner Titcomb asked if the developer will build two-story homes on the Swinton side if the setbacks remain at 10'. Mr, Zemen said he would prefer not to build any two-story homes, However, if there is a request from a homebuyer for a pool on that particular lot, the developer will accommodate them with a two-story home, 18 MEETING MINUTES REGULAR CITY COMM1-<<;SION BOYNTON BEACH, FL\ ..IDA MAY 5,1998 Commissioner Denahan questioned the number of homes with pools the developer anticipates building. Mr, Zemen advised that of the homes that have already been sold, 50% of the people have requested pools. Research of this area of the City indicates tnat more than 50% of the homebuyers want pools, Mayor Taylor pointed out that Planning & Zoning Division Memorandum #98-180 was extremely descriptive and helpful and cleared up each of the questions he had about this project. He particularly liked the comparisons of the surrounding neighborhoods. In some cases, this project exceeds surrounding neighborhoods, Although he always felt this was a crowded project, he has changed his mind and feels this project is probably the most desirable considering the circumstances involved. He would be willing to accept the 7W to allow the developer to provide a more upscale project. Mayor Pro Tem Tillman said that a few months ago, there was a project in the Lawrence Road area that came before the Commission, The Commission made every effort to work with the developer because of the tightness of the land. The developer brought in a very good project. This project is similar, but slightly more upscale, Mayor Pro Tem Tillman will support this project. Commissioner Denahan is concerned about the existing neighborhoods, If this change is not approved, the neighbors will see two-story homes or only two models along the perimeter of this property, The developers have been very accommodating and she would like to support this project. Vice Mayor Jaskiewicz is interested in the quality of the finished product. Considering there is no pUblic recreation facility in this project, it is almost a necessity to allow pools. Vice Mayor Jaskiewicz also considered the Church's comments relative to the elevation of this project. She feels this is a minimum request of the Commission, Commissioner Titcomb said most of the problems that have grown of this project have been by design of the project. It was a bad site plan to begin with. 'He is also concerned that the preserve areas that were set aside in this project will disappear over time, He encouraged the applicant to do everything possible to ensure the preservation areas, Commissioner Titcomb will support this project even though he has never been happy with it from the beginning, Mr. Zemen explained that for the first two years of the project, the developer is under the requirl"\ments of the Management Plan, A bum was done o'n one of the preserves and it is now coming back and doing much better than before when it was covered with exotics and love vine, Commissioner Denahan requested that Mr, Zemen provide the Commission with copies of the CNN study. Motion Mayor Pro Tem Tillman moved to approve Hills at Lake Eden PUD, Commissioner Oenahan seconded the motion, City Clerk Sue Kruse polled the vote. The vote was unanimous, VIII. BIDS: None 19 MEETING MINUTES REGULAR CITY COMM'" ION MEETING BOYNTON BEACH, FLOh..LDA APRIL 21, 1998 Mayor Pro Tern Tillman asked if the project could be reconfigured so that the kitchen is located in the rear with the administration building in the front. The delivery trucks could be brought in from the rear to service the building, He further recommended dropping the dock, Mr, Sovinsky advised that the trucks could enter from the rear; however, the kitchen needs to be in the living facility, Mayor Taylor questioned whether there would be landscaping around the wall that separates the residents from this project. The applicant responded affirmatively. Mr, Sovinsky explained that the applicant's intention was to enter into the administration building in the rear of the project where the parking is located. When the people leave the administration building, they will enter the living facility under a canopy from the rear, Commissioner Titcomb noted that the landscaping in front of the wall in the kitchen area would include Ficus religiosa. He asked how tall the plant will be at maturity. Mr. Sovinsky was unable to respond and offered to secure that information from the landscape architect. Vice Mayor Jaskiewicz reiterated that she would not support this project with the kitchen, loading area and dumpster in front of the building. Mr. Sovinsky offered to try to revise the reconfiguration. However, he requested an opportunity to review the history of the project. Mayor Taylor offered to table this application until the next meeting to offer the applicant an opportunity to address these concerns, Mayer Taylor feels this is a good project, but it is important that it is adaptable to the neighborhood. Mr, Sovinsky agreed to look into the history of the project and to try to make the project more compatible with the neighborhood. Motion Mayor Pro Tem Tillman moved to table Palm Walk AClF. Commissioner Titcomb seconded the motion that carried unanimously. B. Project: Agent: location: Description: Hills at Lake Eden PUD Mike Zeman 15,40 acres of property located between S. Seacrest Boulevard and Swinton Avenue just north of the westward extension of Gulfstream Boulevard (10 lake Eden Drive), Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and screen enclosures from 29' to 20' on lots # 1 through #9 and on lots #17 through #25; and to reduce the required minimum side building setback from 10' to 7 '/2' on lots #1 through #8; and to modify two conditions of the original PUD rezoning to reduce the required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the 13 MEETING MINUTES REGULAR CITY COMMIt' ON MEETING BOYNTON BEACH, FLO~JA APRIL 21, 1998 required minimum average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air) (POSTPONED TO CITY COMMISSION MEETrNG OF 4/2.t/98) Mike Zemen. reoresentina Kennedv Homes. acknowledged the fact that this project had been before the City Commission on several occasions. He pointed out, however, that this is the first time Kennedy has been before the Commission, The condition placed on this property of 2,400 square feet minimum under air, and 2,600 square feet average was to keep the zoning and structure of the existing property surrounding the Hills of Eden, He displayed renderings of the homes in the project, The four different models are priced from $180,000 to $220,000. When Kennedy was in the process of purchasing the property, the representatives were told how to configure the homes and what would be considered "under air" square footage. The Ordinance states that 25% of the covered areas and 50% of garage areas are considered air-conditioned square footage. The models were designed in accordance with that criteria, Permitting turned down the project for not meeting the PUD requirements, Using the calculations, the smallest model under air is 2,589 square feet, and 3,223 for the high average, This will result in 2,773 square feet if each of the models is built, To meet the requirements of the plat, the developer could build two-story homes on Swinton and Sea crest. This would allow enough square footage on the lot to build a pool and screen enclosure as well, However, Kennedy Homes does not feel this would enhance the neighborhood. In researching the area, Kennedy Homes found that there are 27 homes in the Lake Eden Subdivision, Of those homes, the average square footage is 2,316 square feet of living area (10% screened areas, 25% covered areas, and 50% of garage). Mr. Zemen explained that given the lot restrictions, it is virtually impossible for the developer to include a pool or screen enclosure. He pointed out that there is no common pool on this site. Therefore, in order to be able to sell to the public, the developer must be able to offer the option of pools and screen enclosures. In addition to giving the customers what they want, these options will drive the price of the homes up by a minimum of $20,000. Lots #1-8 are the only lots in the subdivision with side setbacks of 10'. Reducing the side setbacks on Lots #1-8 to 711'2' rather than 10' will enable the developer to fit several more houses with pools. If the rear setback is reduced from 25' to 20', twfl additional models can be fit with pools. Mr. Zemen concluded by stating that the Hills at Lake Eden is a private, walled community. Changing the side and rear setbacks will not impact the surrounding residents in the area. The reduced setbacks will not be noticeable, Mr. Zemen thanked the Commission for the opportunity to be heard, Tambri Heyden, Planning and Zoning Director, reported that the TRC recommends approval of the changes for a number of reasons. This project came before the City Commission as a master plan and rezoning approval. It was a lengthy process and the applicant had to make modifications. When the approval went through, the applicant came back in for a reduction in the minimal living area and average living area. That request was different from this current 14 MEETING MINUTES REGULAR CITY COMM: ION MEETING BOYNTON BEACH, FLORIDA APRIL 21, 1998 request. When the condition was added to place a minimal dwelling size and minimal average dwelling size on this project, it was something that was never done before for any other PUD. A terminology of "living area under air" was used, This terminology does not exist in our Zoning Code, We allow portions of garages and screen enclosures to be counted toward the minimum living area, This project was evaluated under a different methodology and they were not allowed to use that 25% to reach the minimum living area requirement. When this condition was put in place, no one knew it was not realistic, When staff sat down with the applicant, it became obvious that they had a problem, This current request is less than what was requested in the past and it is less than what they came into City with this time, They minimized the nature and scope of their request and the chart in Exhibit "c" illustrated that two of the four units do not meet the minimal dwelling unit size. One model is 149 square feet short (12' x 12" room) and the other is only 67 square feet (8' x 8' room) short of the minimum, Ms, Heyden is fearful that if this request is denied, the following two things will happen: 1. There will be two-story homes along Seacrest Boulevard and Swinton Boulevard, Lakeview Baptist Church submitted a letter to the Planning & Zoning Department registering their concern about the difference in elevations between their property and this project. This project has a very high natural elevation, Putting two-story units on the outside of this project will create a big visual impact on the surrounding communities, 2. When staff does not require a developer to provide setbacks at the time of master plan approval for screen enclosures, the developer builds and sells the units, Then the homeowners request permission to build the screen enclosures and they cannot understand why staff denies their requests, Ken DeRousse. 800 Horizons West. noted that the applicant was requesting a rear setback reduction from 29' to 20' and a side yard setback reduction from 10' to 7'12', These are 30% and 25% reductions in the minimum requirements. He recommended that the Commission consider a minimum because in 20 years, this area might not look well and might be devalued because these areas do not meet the minimum standards, He urged the Commissioners to have the developer adhere to the minimum requirements under the Ordinance. Vice Mayor Jaskiewicz feels most of the request is reasonable and believes the homes will be an asset to the area. However, she recommended that the developer eliminate one of the houses on Lots #1 through 8 in order to increase the size in between the homes. The remaining homes would not be affected in any way. Mr, Zemen said all infrastructure is in place including water, telephone and FPL. The project is already under construction and two homes have been established with setbacks on Lots #1 and #2. All homes have been designed according to the criteria. The homes would have to be redesigned in order to make them wider, 15 MEETING MINUTES REGULAR CITY COM", .JION MEETING BOYNTON BEACH, FlOt<IDA APRIL 21, 1998 Mr, Zemen questioned why one side of the subdivision is different from the other side of the subdivision, He pointed out that directly across the street from this project is a home with a screen enclosure that is less than 20' from the street. The Hills at Lake Eden will have a wall in front of it that is set back 17' from the street with landscaping behind it, and still must maintain an additional 25' before a screen enclosure can be constructed, Mr. Zemen feels this situation is extreme, and the residents of the surrounding communities are imposing conditions on this developer that were not imposed on them, Mayor Pro Tern Tillman recalled this project coming before the City Commission previously, He feels the new owner has enhanced the development, He would not want to see two-story homes on Swinton and Seacrest. He can understand the reason for the request to reduce the setbacks, and he will support the request. Commissioner Titcomb advised that when he was a member of the Planning & Development Board, this project was unanimously denied. After that, Mr. Pinto negotiated the conditions of this project before the Commission with representatives of Kennedy Homes in the audience, Many of the things that were promised in this process have not come to fruition. The preserve strips are minimal and are a sorry example of a preserve. In Commissioner Titcomb's opinion, this project is "three pounds of poop in a two pound bag". In order to meet the conditions of approval, the simple solution to this problem is to eliminate four or five lots. This project was negotiated. Although Commissioner Titcomb believes the amenities the developer .would like would enhance the project, he will not support the request because a deal was made on record and he will not change his mind, Commissioner Titcomb recommends reconfiguring this project to meet the original conditions, Commissioner Titcomb reminded the Commissioners that the developer (Kennedy Homes) was present V'lhen these conditions were negotiated, He recommends that the conditions remain intact and if the developer cannot meet those conditions, he needs to reconfigure the project. Commissioner Denahan questioned whether the request being made by the applicant involved variances. Mr, Zemen explained that these requests are master plan changes, Ms. Heyden explained that PUDs are unique. Setbacks are set by the master plan and are modified by a master plan modification, In a non-PUD, this process is done on a case-by-case basis and a variance application is filed, In ~=iyor Taylor's opinion, what the developer has presented is the best of the worst the Commission had seen. He has not r:~ed this project from the beginning because it is crammed onto the parcel and there is no recreation. The preserve areas are not well thought out and he believes that within two or three years, the strips will be nonexistent. This Oty Commission has had many discussions about upgrading housing in the community and raising the size of the home. He is not comfortable being asked to consider garages as living area. He is opposed to reducing the minimums and realizes that a side yard setback of 7'/2' is very close to the next door neighbor. Mayor Taylor will not support this request. Vice Mayor Jaskiewicz expressed concern that if the Commission would not grant the request, the developer would probably build two-story homes on Seacrest and Swinton. Although she would not support the applicant's request to reduce the side yard setback to 7V2', she would support the reduction in the rear setback to allow for pools and screen enclosures. 16 MEETING MINUTES REGULAR CITY COMt-' ...ION MEETING BOYNTON BEACH, FLOt<IDA APRIL 21, 1998 Mayor Taylor expressed concern about being held hostage over two-story buildings. Mayor Pro Tem lillman felt the biggest problem with this project is the number of homes proposed, From the beginning, the Commission has been held hostage, Mayor Pro Tem lillman does not want the walling off effect of the two-story homes, He realizes that good minimum setbacks cannot be put in place because of the size of this project, Motion Commissioner litcomb moved to deny the request for rezoning the master plan, Commissioner Denahan seconded the motion, Vice Mayor Jaskiewicz advised that she would support the request for denial if the applicant is not willing to eliminate his request for the sideyard setback. Mr. Zemen said he would eliminate that request in order to obtain approval of the remainder of the request. He reminded everyone that the sideyard setbacks in the remainder of the project are already 7'/2', The setbacks are 10' on the Swinton side only. When discussion ensued about square footages and sizes, Commissioner litcomb pointed out that similar arguments had taken place in the past on numerous occasions. The solution is to take another look at the big picture to see if there is a more creative approach to solving the problem rather than reducing everything to the minimum, Commissioner Titcomb reminded Mr. Zemen about the specific language in the agreement that referenced 2,400 square feet under air. The original developer agreed to that lai1guage. This issue was controversial and an agreement was made. If the current developer cannot adhere to the agreement, the entire project should be reopened to reconsideration, Vice Mayor Jaskiewicz explained that Mr. Pinto accepted the criteria which was set in order to gain approval for the project. The Commissioners were unaware Mr, Pinto was selling the property . Commissioner Titcomb said he felt at the time that Mr. Pinto might be selling the property, However, it was Mr. Pinto's desperate effort to get approval of the project, Commissioner Titcomb pointed out that there is already product in the ground, At this point, a "tweaking" process is needed in order for the d 2veloper to meet the conditions of the agreement. The motion carried 4-1. (Vice Mayor Jaskiewicz dissented.) When the applicant asked if this request could be tabled, Attorney Ezrol advised that the Commissioner who voted in favor of the item could make a motion to reconsider the request. Motion Vice Mayor Jaskiewicz moved to reconsider. Mayor Pro Tem Tillman seconded the motion, 17 - ~~UI !B1lpti;t enurc,.. 2599 ~SvJintorr.Jlf1mUe tiJefrag tJJudi, 1'ftri/4 33444 (561) 276-3937 fD) rn@rno\VI rn ~. ',: lJl) ItPR I 6 1998 L.i j PLANNING AND ZONING DEPT. Michael Bell Pastor Tunmy & Cindy Larche Mrs Tambri Heyden Boynton Beach Zoning Department 100 E. Boynton Beach Blvd. Boynton Beach, FL. Youth Ministers J,.tn ....-, v D-0 ~~~ ~ ~..<' A~~ cr:f. -! %. ~ ' v<-\ \ lJ-~q g' ~~~4 ~ Apri11~, 1998 RE: Hills at Lake Eden Boynton Beach, Florida Located between Swinton Ave and Seacrest Blvd and between SW 34111 Ave and 36111 Ave. Owned by Newport Properties, Inc. of Florida Dear Mrs Heyden, Lakeview Baptist Church is located adjacent to the referenced property along the western portion of its southern property line. We have two major concerns regarding the soon to be developed property: A) The abrupt large grade change.:between properties and B) The proposed storm water drainage and retention plan, Although the referenced property originally had a higher elevation than our property on the east and north portions, the grade change has been gradual, Due to regrading, there is now an abrupt three to six foot grade change on our side of the property line. Dirt, having been pushed onto our property, has damaged our perimeter fence and landscaping and will make it difficult to maintain the greenery in this area due to the uneven grade, Originally the entire landmass could absorb large rainfall amounts. Once roads and buildings are erected much less landmass will be available to percolate the excess water. Subsequently, unless on-site storm water retention is provided, the swale and drains on Swinton Avenue leading to Lake Ida will be more heavily taxed. Being that Lakeview Baptist Church is the low spot on the east side of Swinton Avenue, we will be more wlnerable to flooding should Lake Ida or the drain field not be able to accommodate the added load. .~__e.-- With these issues in mind, we would ask the City of Boynton Beach the following questions pertinent to the approval for this project. 1) How is the grade change to be addressed without encroaching on adjacent property? 2) Since there is only a ten foot setback along the southern prope~ line, will that be adequate to accomplish the grade change plan above? , 3) How is the individual lot grading to be addressed? The southern portion of Lots 9, 10, and 11 currently drain away from the storm drains. but towards Lakeview Baptist Church, 4) How is on site storm water retention to be provided? 5) The Plan calls for exfiltration trenches. Where are they to be located? 6) To what storm design are the drainage calculations based? Is it 1 day/5 year storm or a 3 day/25 year storm? 7) Has the City of Boynton Beach and the developer received permission from the Lake Worth Drainage District for this property to drain into Lake Ida? @s the 12 inch)Jerm along the southern perimeter to be provided? Currently there is no berm. N~ ~u.1r-e.tLDfl :5frrA...:fA.J ~0 ttJ ~ ~ u.4?~ Please respond, in writing, as soon as possIble to these eight questions. Thank you for your attention to this matter. , - Building and Grounds Committee Lakeview Baptist Church cc: City Commissioners '-.... Regular City Commission Meeting Agenda May 5, 1998 F. Approve Finance Department recommendation that $167,166,34 in uncol/ectable utility bil/ings be written off the fiscal records and turned over to a col/ection agency V. CITY MANAGER'S REPORT: VI, PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS Will BE LIMITED TO 3-MINUTE PRESENTATIONS CITY COMMISSION TO RECESS TO EXECUTIVE SESSION AT 7:00 P.M. TO DISCUSS MILNOR CORPORATION UTIGATION VII. PUBLIC HEARING: 7:00 P,M, OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Benvenuto Restaurant Agent: Jean-Philippe Gaudree Owner: Ronnard,lnc, Location: 1730 North Federal Highway Description: Request for abandonment of a special purpose easement in conjunction with an expansion of the Benvenuto Restaurant. (PROPOSED RESOLUTION NO. R9B-) B. Project: Palm Walk ACLF Agent: Ehasz Giacalone Architects Owner: Palm Walk Associates Location: S.W. 19th Avenue Description: Request for conditional use approval to construct a 48-bed Alzheimer care living facility (TABLED FROJll4/2:l/9a aTY COJllJllrssrON JIIEE17NG) c. Project: Agent: Location: Description: .Hills at Lake Eden PUD Mike Zeman 15,40 acres of property located between S. Seacrest Boulevard and Swinton Avenue just north of the westward extension of Gulfstream Boulevard (10 Lake Eden Drive). Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and screen enclosures from 29' to 20' on Lots #1 through #9 and on Lots #17 through #25; and to reduce the required minimum side building setback from 10' to 7 V2' on Lots #1 through #8; and to modify two conditions of the original PUD rezoning to reduce the 5 Regular City Commission Meeting Agenda May 5, 1998 required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the required minimum aver'3ge dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air) (TABLED FROM CJTY COMMrssrON MEETrNG OF 4/2:l/98) VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 098-13 Re: Submitting to referendum an amendment to Section 50 of the City Charter entitled terms of elective offices, allowing for unlimited two-year terms of all elective offices 2, Proposed Ordinance No. 098-14 Re: Amending Section 6-18 of the Code of Ordinances, granting authority to approve transfers, assignments or conveyances of cemetery lots to the Cemetery Board of Governors B. Ordinances - 1 at Reading 1, Proposed Ordinance No, 098- Re: Amending Chapter 18, Division 4, Retirement and Retirement Benefits, Section 18-111, Normal Retirement, by creating a new subsection (4) entitled MElective Benefits" 2" Proposed Ordinance No, 098- Re: Amending the General Employees' Pension Plan to include disability retirement C, Resolutions: 1. Proposed Resolution No. R98- Re: Designating all City Commissioners as alternate members of the Palm Beach County Municipal League D, Other: 6 MEETING MINUTES PLANNING &. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 14, 1998 corrected. He inquired why staff is not enforcing the Code more strictly prior to accepting these applications, Ms, Heyden explained that staff has enforced the Code and watches these situations by checking the situatior. on a yearly basis at Occupational License renewal time, The problem that is being encountered is that we no longer have an Occupational License inspector and renewals are done by mail. Mr, Kastarlak pointed out that although the Occupational License Division does not have an enforcement branch, arrangements have been made with Code Compliance to act as the watchdog of the Occupational License Division, At renewal time, Occupational License Division looks at the site, If action is needed on the City's part, Code Compliance steps in, These situations are not being ignored, Mr, Rosenstock explained that a great deal of time was spent on the Comprehensive Plan to determine districts and classifications, He pointed out that once the City allows people to violate the Comprehensive Plan with respect to zoning districts, precedents are set for future violators. Mr. Rosenstock said he lives in this particular area and wants to be very careful about what is developed here. He wants strict enforcement of the designations in this City, Mr, Kastarlak reiterated that there is enforcement of the designations. One of the Planning & Zoning Division activities is the correlation of types of uses. This allows us to know the type of standards we should be working under, Mr. Kastarlak explained that the question is "what is going on behind the doors?" Enforcement is always an issue in all types of uses, He urged Mr, Rosenstock to bring forward specific cases he would like investigated by the City, Mr. Dube addressed Mr. Lynch about a previous request from Boynton Leisureville related to the canal between this parcel and Leisureville. Mr, Lynch advised that Boynton Leisureville requested a fence along the L-26 canal. The applicant agreed with the request. Motion Mr, Dube moved to approve the request for conditional use approval to construct a 48-bed Alzheimer care living facility to be known as the Palm Walk adult congregate living facility, subject to all staff comments. Ms, Frazier seconded the motion that carried +3, (Chairman Wische and Messrs. Rosenstock and Friedland dissented.) Rezoninq (Tabled at the March 24, 1998 Planning & Development Board meeting,) 2. Project: Agent: Location: Description: Hills at Lake Eden PUD Mike Zemen 15.40 acres of property located between S. Seacrest Boulevard and Swinton Avenue, just north of the westward extension of Gulfstream Boulevard (10 Lake Eden Drive). Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and 5 MEETING MINUTES PLANNING It DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 14,1998 screen enclosures from 29' to 20' on Lots #1 through #9 and on Lots #17 through #25; and to reduce the required minimum side building setback from 10' to 7'h' on Lots #1 through #8; and to modify two conditions of the original PUD rezoning to reduce the required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the required minimum average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air). Chairman Wische read the description of the request and noted that there were no staff comments associated with this application. Mike Zemen. Proiect Manager for Kennedy ProDerties. Ltd.. advised that the variances are being requested because the restrictions placed on this project were too tight. The lots sizes and setbacks cannot accommodate homes that are a minimum square footage of 2,400 and average square footage of 2,600. Mr. Zemen advised that although many of the models could fit on the lots, no enhancements such as screen enclosures or pools can be added. Mr. Rumpf provided a brief history of this project. This project was originally approved on an application submitted by another petitioner on March 19, 1996. There was a great deal of debate and controversy associated with the original project. There was a lot of homeowner opposition and concern that the project be as compatible as poSSible with the surrounding area of a conventional zoning district neighborhood and not a zero-lot-line development similar to those on Lawrence Road. To accommodate those concerns, the City Commission approved the project master plan that laid out more stringent setbacks than what is typical of the conventional zoning district for the area, In addition, they established minimum unit sizes and minimum average unit size requirements. On May 21, 1996, the same applicant came back when he realized that the requirements were not feasible. They claimed that in exploring marketing requirements and conditions of the buyers' market, their project would not meet those requirements. They requested that only the minimum area and minimum average area (under air) be reduced. Their request was to reduce the minimum living area requirement from 2,400 square feet to 1,800 square feet. They also requested that the Cty allow them to decrease the minimum average living area requirement from 2,600 square feet to 2,400 square feet. The most notable difference between this petition and the previous one is the minimal living area requirement. This petitioner is requesting a 'reduction of only 150 square feet. The petitioner justifies his request on using a specific housing product. Therefore, staff is able to see what does and does not fit on the lots. The first request was solely based on reducing the housing procluct size to meet anticipated market demands. This request is based on an attempt to increase the magnitude of the housing product. This housing product does not fit on the lots. This request also includes a reduction in setbacks for pools and screen enclosures. In the past, focus was on lot area. This request focuses on living area. Staff reviewed adjacent , neighborhoods and compared the worst case. The adjacent zoning district requires only a 6 MEETING MINUTES REGULAR CITY COMMISSI~-- BOYNTON BEACH, FLa. ,JA APRIL 7,1998 one should be afraid to run for office, No one can perpetuate himself/herself in office. If the electorate is unhappy, they can vote a person out of office. Consensus There was a consensus of the Commission to direct Attorney Cherof to bring back the appropriate language to put this issue on the ballot in November and give the voters another chance to vote on term limits. The first reading of the Ordinance will take place at the next meeting and the second reading will be at the first meeting in May, VII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A, Project: Palm Walk ACLF Agent: Ehasz Giacalone Architects Owner: Palm Walk Associates Location: S. W. 19th Avenue Description: Request for conditional use approval to construct a 48-bed Alzheimer care living facility (TABLED FROM 3/17/98 CITY COMMISSrON MEETING) This item was postponed until the April 21 ~ City Commission meeting. B. Project: Hills at Lake Eden PUD ~ (THIS ITEM WAS TABLED BY THE PLANNING" DEVELOPMENT BOARD WHEN THE APPUCANT DID NOT APPEAR FOR THE MEETINth) Agent: Mike Zeman Location: 15,40 acres of property located between S. Seacrest Boulevard and Swinton Avenue just north of the westward extension of Gulfstream Boulevard (10 Lake Eden Drive). Description: Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and screen .enclosures from 29' to 20' on Lots # 1 throu~h #9 and on Lots #17 through #25; and to reduce the required minimum side building setback from 10' to 7 '12' on Lots #1 through #8; and to modify two conditions of the original PUD rezoning to reduce the ....required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the required minimum average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air) This item was postponed until the April 21 ~ City Commission meeting. 17 - .. m@mowrnr" I' lVii' ~~t ;,~ PLANi~t;~G ~,ND flt,ll~l" f"l.:::-~"1' MINUTES OF THE PLANNING AND DEVELOPMENT BOAKu Mt:t: ("Nt; COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA TUESDAY, MARCH 24, 1998 PRESENT: Lee Wische, Chairman James Reed, Vice Chair J, Stanley Dube Pat Frazier Mike Friedland Maurice Rosenstock Steve Myott, Alternate Tambri Heyden, Planning & Zoning Director Michael Pawelczyk, Asst. City Attorney Bulent Kastarlak, Dir, of Development Michael Rumpf, Senior Planner ABSENT: Jose Aguila 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:02 p,m, The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Wische introduced Vice Mayor Shirley Jaskiewicz; Bulent Kastarlak, Director of Development; Michael Rumpf, Senior Planner; Tambri Heyden, Planning and Zoning Director; Members of the Board; Assistant City Attorney, Michael Pawelczyk; and the Recording Secretary, 3. AGENDA APPROVAL No additions, deletions or corrections were made to the agenda, Upon motion by J, Stanley Dube and seconded by Steve Myott, it was unanimously voted to approve the agenda, which carried 7-0. 4. APPROVAL OF MINUTES Mr, Friedland noted that the motion at the bottom of Page 4 of the March 11, 1998 minutes is incorrect, The motion was in fact made by Mr, Myott. not Chairman Wische and was seconded by Mr. Aguila, MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 24. 1998 Mr. Dube also requested that the spelling of his name be corrected to show that his name is "J. Stanley Dube". The minutes, as corrected, were unanimously approved, upon motion by Mr. Friedland and seconded by Mr. Myott, Motion carried 7-0, 5. COMMUNICATIONS AND ANNOUNCEMENTS. A. Report from the Planning and Zoning Department. Chairman Wische introduced Tambri Heyden for an update of the Planning and Zoning Department. Ms. Heyden reported the following: . The Palm Walk ACLF request for conditional use approval to construct a 48 bed Alzheimer care living facility to be known as Palm Walk has requested the matter be tabled until the next meeting and this will be their last extension, Ms, Heyden stated they would be prepared to go forward at the next meeting on April 14, 1998, . With regard to the Benvenuto Restaurant expansion and this Board's many recommendations, the Major Site Plan Modification has been submitted to the Commission and has been approved, 6. OLD BUSINESS None. 7. NEW BUSINESS A. PUBLIC HEARING 1, Project: Agent: Owner: Location: Palm Walk ACLF Ehasz Giacalone Architects Palm Walk Associates S.W. 19th Avenue Description: Request for conditional use approval to construct a 48 bed Alzheimer care living facility to be known as the Palm Walk adult congregate living facility, 2 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 24. 1998 Upon motion by Mr. Dubs and seconded by Mr, Myott, it was unanimously voted to table the Palm Walk ACLF hearing until the April 14, 1998 meeting, Motion carried 7-0. Hills at Lake Eden PUD Mike Zeman 15.40 acres of property located between S, Seacrest Boulevard and Swinton Avenue, just north of the westward extension of Gulfstream Boulevard (10 Lake Eden Drive) Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and screen enclosures from 29 feet to 20 feet on lots #1 through #9 and on lots #17 through #25; and to reduce the required minimum side building setback from 10 feet to 7% feet on lots #1 through #8; and to modify two conditions of the original PUD rezoning to reduce the required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the required minimum average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air), Chairman Wische stated that he spoke with the Development Director this moming to confirm that this matter was before this Board last year, Mr, Dube stated that it was before this Board three prior times and was not approved each time. Chairman Wische further stated that the City Commission voted it down each time also, Chairman Wische inquired why staff would bring this matter Lack before the Board since it was voted down three prior times, Chairman Wische asked Mike Rumpf. Senior Planner to attend the meeting in order to advise why staff is now recommending this matter for approval at this time, B. PUBLIC HEARING REZONING 1. Project: Agent: Location: Description: Tambri Heyden stated that staff wished to make a presentation, At this point in the meeting, Attorney Pawelczyk swore in all parties who planned to testify on any item on the agenda this evening. 3 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 24, 1998 Mr. Rosenstock inquired if the Applicant was present, and noted that the Applicant, in fact, was not present. Mr, Rosenstock made a motion that the matter be tabled due to the fact that the Applicant is not present. Mr. Myott seconded the motion. Chairman Wische asked Assistant City Attorney Pawelczyk for his opinion in this regard, Attorney Pawelczyk stated that the matter should be tabled due to the fact that the Applicant is not in attendance to present his case, Mr, Dube confirmed the fact that this request has been before this Board three previous times and the square footage appears to be different from the prior requests, This Board denied the matter; Petitioner has asked for set backs before and was turned down, When the matter appeared before the Commission, an agreement was reached , between both parties, The petition at tonight's hearing is a change from that Agreement. Ms, Heyden left the meeting to determine if the Petitioner was in the parking lot or on his way to the meeting, Attorney Pawelczyk stated that the Board should refrain from any further discussion in this matter. Mr, Rosenstock stressed that the front doors to the Chambers should be open so that everyone desiring admittance to the meeting can have access, The recording secretary stated she unlocked the side door and would make sure in the future that the front doors were opened. Ms, Heyden upon return informed the Board the Petitioner was not present. Mr, Dube suggested that the meeting take a ten minute recess in order to give the Petitioner additional time to appear, Mr. Rosenstock brought before the Board an item he had come across in his files this evening. It pertained to a form that the City adopted in 1990 which is utilized as a result of Mr. Rosenstock's proposal. Specifically, the form is an affidavit that a developer must sign, stating that plans submitted on a particular date by the developer, and agree to abide by all the terms and conditions of the plan;, as approved by the City Commissioner, the Planning and Zoning Board, and the developer. This form resulted from the petition of the developer of the Casablanca Development to change the roofs as originally submitted to the Board, Mr, Rosenstock inquired if the Planning Board was still utilizing this form. Ms, Heyden stated that the form is still being used, however, there were some modifications made to the original form. 4 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 24, 1998 Chairman Wische also stated that he was on the City Commission at that time. The project was originally presented for S-tile rooftops, but later the developer requested under a hardship for substitution of asphalt tile. When coming off 1-95, everything visible is either barrel tile or concrete block. Esthetically, it would not be pleasing to the neighborhoods; the substitution request was turned down. The developer threatened to sue; but that never came about and barrel tile was in fact used for the roofs. Ms. Heyden stated that Mike Rumpf contacted the petitioner and stated the petitioner could be at the meeting in 20 minutes. Discussion ensued to determine whether the meeting should wait for the petitioner to arrive or adjourn the meeting, Mr, Rosenstock stated, even though there are many people in the audience from the Hills at Eden Lake, this matter has been brought back to the Board several times, If in fact this meeting waited another 20 minutes for the developer to appear, the meeting would now be at least 40 minutes late, Mr, Rosenstock moved to adjourn, Attorney Pawelczyk reminded the Board that there is a motion on the table. Before Chairman Wische took a vote to adjourn the meeting, he asked if there were any comments from the Board, There were none, Chairman Wische asked if people in the audience wanted to wait an additional twenty minutes, Attorney Lynn Ventry, an attorney from Boca Raton, who resides in the area, stated she felt due process had been met by sending the developer a notice of the meeting date and time, and that this meeting should proceed. Attorney Pawelczyk did not agree with Attorney Ventry's assessment and stated he is recommending that this Board table the matter until the next meeting to prevent a due process lawsuit against this City, Chairman Wische presented the motion as previously made befor ~ the Board to (able the Hills of Eden Lake PUD until the April 14, 1998 meeting, Motion carried unanimously, 7-0, 9. ADJOURNMENT There being no further business to come before the Board, Mr, Myott moved to adjourn 5 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 24. 1998 the meeting. Mr, Rosenstock seconded the motion, which c.arried unanimously, 7-0. Meeting adjourned at 7:20 p.m, Respectfully submitted, \ ,~~ ~, hL tt..~ Barbara M. Madden Recording Secretary (one tape) 6 I"OTICE OF PUBLIC HEARING NOTICE OF REZONING [~ ~ @" ~ 0 W G~ ~\ U11 "'R - 5 1998 ~ NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY 0 , will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Bo ,day, March 24, 1998 at 700 p.m" to consider a rezoning request submitted by Kennedy Properties, LTD. for 15.40 acres of property located betvveen S, Seacrest Boulevard and Swinton Avenue, just north of the westward extension of Gulfstream Boulevard (10 Lake Eden Drive), The City Commission of THE CITY OF BOYNTON BEACH, FLORIDA, will also hold a public hearing to consider this rezoning request on April 7, 1998 at 7:00 p,m., or as soon thereafter as the agenda permits at the City Hall Commission Chambers, NATURE OF REQUEST: To modify the master plan for the Hills at Lake Eden Planned Unit Development (PUD) as follows: 1) To reduce the required minimum rear setback for pools and screen enclosures from 29 feet to 20 feet on lots #1 through #9 and on lots #17 through #25; and 2) To reduce the required minimum side building setback from 10 feet to 7% feet on lots' #1 through #8. To modify two conditions of the original PUD rezoning approval: 1) To reduce the required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and 2) To reduce the required minimum average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air). LEGAL DESCRIPTION: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE-QUARTER OF SECTION 5 AND THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF SECTION 4: THENCE RUN S 880 28' 48" W. A DiSTANCE OF 327.26 FEET ALONG THE SOUTH LINE OF SAID NORTHEAST ONE-QUARTER OF SECTION 5. TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SWINTON AVENUE AND A POINT ON A CURVE: THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG SAID RIGHT-OF-WAY LINE. A DISTANCE OF 181,27 FEET TO A POINT OF TANGENT. SAID CURVE HAVING A CENTRAL ANGLE OF 50 31' 27". A RADIUS OF 1880.08 FEET AND A CHORD BEARING OF N 30 15' 35" W: THENCE RUN N 0029' 51" W. ALONG SAID RIGHT-OF-WAY LINE. A DISTANCE OF 574.98 FEET: THENCE RUN N 89030' 09" E. A DISTANCE OF 188.75 FEET TO A POINT OF CURVE: THENCE RUN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT. A DISTANCE OF 87,96 FEET TO THE END OF SAID CURVE, SAID CURVE HAVING A CENTRAL ANGLE OF 900 00' 00" AND A RADIUS OF 56.00 FEET: THENCE RUN N 890 30' 09" E. AT RIGHT ANGLE TO THE TANGENT OF THE AFOREMENTIONED CURVE. A DISTANCE OF 92.41 FEET TO A POINT ON THE EAST LINE OF SECTION 5 AND THE WEST LINE OF SAID SECTION 4: THENCE RUN S 00 26' 01" E ALONG SAID LINE. A DISTANCE OF 6.03 FEET: THENCE RUN N 89045' 52" E ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 4. A DISTANCE OF 617.09 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SEACREST BOULEVARD: THENCE RUN S 00 39' 13" E, ALONG SAID RIGHT-OF-WAY LINE. A DISTANCE OF 687.30 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER OF SECTION 4: THENCE RUN S 89041' 21" W. ALONG THE SAID SOUTH LINE. A DISTANCE OF 620,17 FEET TO THE POINT OF BEGINNING. AND CONTAINING 15.4 ACRES MORE OR LESS. All interested parties are notified to appear at said hearings in person or by attorney and be heard, Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, CITY OF BOYNTON BEACH PLANNING & ZONING DIVISION (561) 375-6260 PUBLISH: The Post March 14, 1998 and March 24, 1998 J,lSHRDATAIPlannlnglSHAREDIWPIPROJECTSIHILLEDENIREZN 98-o011Iegalnot.doc PROJECT NAME: HILLS AT LAKE EDEN LOCATION: BETWEEN S.SEACREST BLVD. & SWINTON AVE COMPUTER ID: HILLSEDEN\REZN 98-001 I FILE NO.: REZN 98-001 II TYPE OF APPLICATION: REZONING I APPLICANT/CONTACT PERSON: OWNER: MIKE ZEMAN PHONE: PHONE: FAX: FAX: ADDRESS: ADDRESS: DATE: SUBMITTAL / RESUBMITT AL 2/17/98 1ST REVIEW COMMENTS DUE: PUBLIC NOTICE: 3/14 AND 3/24/98 TRC MEETING: 3/10/98 RESUBMITTAL DATE: 2ND REVIEW COMMENTS DUE: LAND DEVELOPMENT SIGNS POSTED: PLANNING & DEVELOPMENT BOARD 3/24/98 MEETING: CITY COMMISSION MEETING: 417/98 COMMENTS: S:\FORMS\PROJECT TRACKING INFO .. ~ . ..., ....... qJ G.l to loW.., . ~ . 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