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
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~____ 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''",~
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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
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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.
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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
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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
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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' ,/'"
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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
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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~
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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' /
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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
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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
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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
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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
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