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LEGAL APPROVAL ORDINANCE NO. 096-49 AN ORDINANCE OF THE CITY COMM:::SSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING REZONING OF THE PROPERTY LOCATED ON THE WEST SIDE OF THE INTERSECTION OF SEACREST BOULEVARD AND GULFSTREAM BOULEVARD, KNOWN AS ".THE HILLS AT LAKE EDEN"; AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM R-1-AAB (SINGLE-FAMILY RESIDENTIAL) TO PUD W/LUI=5 (PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 5); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. tk in. ,D{ l{; t" cf- 4 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Newport Properties, Inc., owners of the property more particularly described hereinafter, through their agent Burl Gentry, Gentry Engineering & Land Surveying, Inc., has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of 15.45 acres, said land being more particularly described hereinafter, from R-1-AAB (Single-Family Residential) to PUD w/LUI=5 (Planned Unit Development with a Land Use Intensity of 5); WHEREAS, the City Conunission deems it ~n the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida, to-wit: SEE ATTACHED EXHIBIT "A" be and the same is hereby rezoned from R-1-AAB (Single-Family Residential) to PUD w/LUI=5 (Planned Unit Development with a Land Use Intensity of 5). A location map' is attached hereto as Exhibit "B" and made a part of this Ordinance by reference; that attached hereto as Exhibit "C" is a copy of the Master '--/' Plan; and attached as Exhibit liD" are conditions/requirements for this rezoning, which are incorporated herein. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: All ordinances or parts of ordinances ln conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of //hC!.# I 1996. SECOND, FINAL READING and PASSAGE this /fr' day of //M~~/1' I 1996. CITY OF BOYNTON BEACH, FLORIDA M4~~. ~'j ~...~ vfce Mayor ' <:;' --- )' , ~ ~~, ATTEST: ~'~~/~L- Ci Y Clerk (Corporate Seal) LakeEden.Rezoning J /1/96 ......- ' - ORB 8698 pg 13?e EXHIBIT A PARCEL 1 The South 2 acres of the East 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section 5, Township 46 South. Range 43 East. Palm Beach County. Florida, (Jess the right-of-way for Swinton A venue as shown in Road Plat Book 3, Pages 250 and 251, Palm Beach County Pubic Records). PARCEL 2 The S.W. 1/4 of the S.W. 1/4 of the N.W. 1/4, less the County road right-of-way, of Section 4, Township 46 South, Range 43 East, Palm Beach County. Florida. PARCEL 3 The East 1/2 of the S.E. 1/4 of the S.E. 1/4 of the N.E. 1/4, of Section 5, Township 46 South, Range 43 East, less the South 257.29 feet thereof, and also including the following described parcel: A portion of the N.E. 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section 5, Township 46 South. Range 43 East, Boynton Beath, Palm Beach County, Florida, and more particularly described as follows: Beginning at the Southeast corner of said N. E. 1/4 of S.E. 1/4 of N.E. 1/4, Section 5; thence run S. 88deg48min02sec. W. along the South line of said N.E. 1/4 of S.E. 1/4 of N.E. 1/4, Section 5, 336.91 feet to a point on the Easterly right-of-way line of Swinton A venue; thence run N. OOdegOlminOOsec. E. along said right-of-way 69.18 feet to a point; thence run S. 89deg59minOOsec. E., 188.55 feet to a point of curve; thence run Southerly along the arc of a curve to the right 87.96 feet, said curve having a central angle of 90degOOminOOsec. and a radius of 56.00 feet; thence run S. 89deg59minOOsec. E. 92.31 feet to a point on the East Line of said N.E. 1/4, S.E. 1/4, N.E. 1/4 of Section 5; thence run S. OOdeg04min28sec. W., 6.03 feet to the POINT OF BEGINNING. Boynton Beach, Palm Beach County, Florida. Tax Folio Number: 08-43-46-05-00-000-1060 08-43-46-05-00-000-1070 08-43-46-05-00-000-1090 08-43-46-04-00-000-3010 DI 1~~')1 I ('-lII~tJ (1IK~ -.-- ---- -.-- bl~l! !Iii.. ~~&Ii! ~!IJI iI!~', I:oi!i i~..:: -1-...:.. ..~ !~h~! "1 .&' ;hiii ','bl iii.f; I :OJ-Ii l !:!.I~ I .f! i ~m t I!!!! ....... . t'tl .....i.16 :11; I I t.!- n:t .. . .- lIii i ! -.-. ' . . I 1~-: _oj - ~~ ~z ;li\ c.... 0,.... ::u """. 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I . 70' 65' 65' I 65' 65' 7ft. I: ./" rlaCT D tiS liD '1ISlJV"'IQlI MEA I ~ _ 400' J .:-"'1/ .. ~ -'----TRm-F---'-----------'-.------------ .. ~ / :--- -w-- - - _0- 5 O' 39 . I 3. E 087.30' SEACREST BLVD. 1.0' I/W) _.....L. - -.- - . - - ---[- ;, II n ...._OJP.,.. !~,ii~~:; "%-C(,lt-<:JiI~ ! .i.i~~ ~ i!~E;Q ....~ --~ . ..~~~~ o g ==i:~i z ~ :~Q~!''' I ;;.i~ co mc.:::o lO fJ) ... 0 .o."'~ . !~ ~f~~~ A 0 -...z< ili lJ1 .~i: n;i!z . f\.)..~ i. Z~:' 111 O'i-z -<0."'- l'\) .. it I i:. . O~. ~~~~ ., z,., n o.....o~ .."''"- n 0 :: Z i = i - , rn I~~ JT1~ .. !:: >> E i ~~:i: ~~ ~ ~ ~Ii :: o ;~~"~~!i l.O ~:o~;:;;;~ . !~:~I~:~ !:;~~~!i= ~;iel~B:;'. ~E ;.~.~~...: U1~.. ..ll....... ~.. ;;..- ~.i,..i~' s5,- t... I~. . ,,~ ~. _ --. fit , ..~!Iil~ :.. .., . .z.. .... I ~ -~- lID. . I: ~ i I~ ... i i. ;:; ~ ;0 : ~ .. i I~i i=i ,,~p ~~l~ n ~ 1 Administrative Conditions/ReQuirements- HILLS AT LAKE EDEN Reference: 3 Sheets prepared by Gentry Engineering and Land Surveying, Inc., identified as 3rd submittal with Planning and Zoning Department January 3, 1996 d k' , ate stamp mar lno. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE UTILITIES Comments: 1. The water and sewer lines crosslng between lots X 17 & 18 of block 3 (as shown on sheet 3 ) will require at least a 30-foot wide easement in order to maintain the minimum 10-foot setback from homes, and the 10-foot horizontal separation between water and sewer mains as required by the Palm Beach Health Unit. 2. A capacity reservation fee for this project X totalling $8/593.20 will be due within 30 days of City Commission approval of the site plan, or upon request for Utility Department signature on the water and sewer line permit applications to the Health Unit. [Section 26-34(E)1 3. Construction of the off-site 12-inch diameter X water main extension on Seacrest Boulevard shall extend to the City's 16-inch main on Mission Hill Road. The developer shall be responsible for the design and construction cost of the off-site main, and will be granted appropriate credits towards his water capital facilities charges. [Section 26-34(A)] FIRE Comments: NONE POLICE Comments: 4. The plans call for an emergency access and X utility easement gate, from S. Seacrest Boulevard, with telephone access code. The Police Department requests the same type of gate/telephone access gate for the main entrance/exit on Swinton Avenue. ENGINEERING DIVISION Comments: 5. Sidewalks are required on both sides of all local X and collector streets. Chap. 6/ Art. III, Sec. 11A, pg. 6-3. (SIDEWALKS TO BE PROVIDED ON ONE SIDE ONLY) 6 . Provide stop signs in accordance with the "Manual X on Uniform Traffic Control Devices". Chap. 23, Art. IIB2 po. 23-7. , 7 . Sidewalk is still required along Swinton, X although the note on the drawings previously cited has been removed. Chap. 6, Art. III, Sec. 11A no. 6-3. TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING. 2 DEPARTMENTS INCLUDE REJECT 8. All plans submitted for specific permits shall X meet the City's code requirements at time of application. These permits include, but are not limited to the following; site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as the FDOT, PBC, SFWMD & LWDD and any other permitting agency shall be included with your oermit reauest. 9 . Site plan review and approval required. Chap. 4, X Sec. 2, pa. 4-1. 10. Excavation and/or fill permits will be required. X Chao. 8, Art. I, Sec. 2, ocr. 8-1. 11. The citation in Note 6, Sheet 1 of 3, should be X chanaed to Chap. 6, Art. IV, Sect lOT 12. Note 10 does not clearly specify that the POA is X responsible for perpetual maintenance of Tracts C and D. BUILDING DIVISION Comments: 13. The tree preservation area easement shown as X Tract C and Tract D shall be fenced off from the remainder of the lots before any construction on site and no owner of lots, including the preservation easement, can build, construct, install, or have installed patios or any appurtenances within said easement. ( TREE PRESERVATION AREAS '1'0 BE ESTABLISHED/DELINEATED BY TRACT, NOT EASEMENT) 14. The setbacks for screen enclosures are for X enclosures with screen roofs only; no hard roofs will be permitted unless it complies with the setbacks for the main structure. PARKS AND RECREATION Comments: 15. Since the number of residential units has been X reduced from 62 to 56 single family units, the recreation dedication requirement ~s: 56 single-family units x. 0180 acres/d.u. = 1. 01 acres. 16. The developer has indicated he does not wish to X apply for one-half credit for private recreation provided. Recommendations: 17. Recommend cash payment in lieu of land. X FORESTER/ENVIRONMENTALIST Comments: 18. The applicant should include the Preservation X Area Management Plan dated November 1995 (document A) as part of the Homeowner Association documents. TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS '1'0 CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING. 3 DEPARTMENTS INCLUDE REJECT 19. The Preservation Area Management Plan should be X referenced on the master plan as comment #18 and ~ procedures outlined in document A will be completed by the applicant prior to turning the preserve areas over to the Homeowner Association. (Reference document A, #4.0, oaqe 7). 20. The applicant shall install a six foot high X black, vinyl-coated chain link fence around the perimeter of the preserve areas (inside boundary) and place "Natural Area Preserve" slgns on the fence at the rear of each lot adjacent to the preserve. (Reference document A, #4.0 A, page 7 and #8.0, page 12). The location of this fence shall be indicated on the master olan. 21. The applicant will add a note to the master plan X stating that no permits, determined by the Development Director to be unsuitable for, or causing ~ intrusion into the natural area preserves will be permitted. This comment will prohibit abutting lot owners from applying to the City of Boynton Beach to construct any improvement to the lot which intrudes into the preserves. (See Building Division Memo No. 96- 011) . 22. The paragraph #5 described on #10.0 page 13 of X document A shall be included as a note on the master Dlan. 23. The tree survey indicates a total of 211 trees on X the site. The tree preservation code #81-21 should be reviewed by the applicant to address the removal, relocation, and replacement of these trees. The code will allow removal of trees located within the buildable areas and roadways. The three (3) landscape buffer areas (not preserves) should be recipient areas for the appropriate trees. The no net loss of trees should be quantified and indicated on the landscape plan. The management plan for the landscape buffer areas should be compiled similar to the preserve areas management plan. (TREES TO BE PRESERVED AND RELOCATED WILL BE PLACED IN BUFFER AREAS J PLANNING AND ZONING Comments: TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING. 4 DEPARTMENTS INCLUDE REJECT 24. Identify the location, size, speCle, spaclng and X planting specifications for the landscape material proposed for tracts A, B, C, D and E. It is recommended that a row of trees and hedges be shown along the Swinton Avenue and Seacrest Boulevard frontage of the project. The tree- scape shall be enhanced with a meandering continuous hedge row. The trees shall be at least 1::.i'::j11L (8 ) ten (10) feet in height at planting, spaced no more than ~ (20) feet on center and be an evergreen specie with a moderate drought tolerance classification (prohibited plant species are not allowed) . The hedge material shall be at least 24 inches in height at planting, spaced no more than 24 inches on center and be an evergreen specie with a moderate drought tolerance classification (prohibited plant species are not allowed) . The landscape plan shall include tree preservation areas as well as the location of landscape material required to comply with the tree management plan. [Chapter 2.5, Section 11. B. and C. of the City's Land Development Reaulationsl 25. Change the text in note #3 of the master plan by X omitting the word width and insert the word frontaae. 26. Show on sheet 1 of 3 a ten (10 ) foot setback from X the north property line to the leading edge of the slgn shown north of the maln ingress/egress. Also, add a note indicating that the signage will comply with the sian code. 27. It lS recommended that the maximum building X height be limited to 30 feet (two stories) , to minimize impact to the adjacent residential neighborhoods having a 25 foot height limit rather than the proposed 35 feet. Thirty feet, rather than 25 feet, lS recommended to recognlze flexibility In unit design for cathedral ceilinas. (AS PROPOSED, 33 FEET APPROVED) 28. Correct the LUI table regarding LUI ratios. The X table specifies the LUI of 5, however the table uses ratios for a LUI of 4. Correct all data and computations accordinalv. 29. A ::;LLI::I::L l...,;uuul::l...,;L.iuu ::;bClll LI:: lllClUI:: Lu 05 I::Cl I...,; 1. 1::::' L X Buull::vClLU ClL I::.i Lll I:: 1. S.:E!:. 35Lll AVl::uul:: UL S.:E!:. 36Lb AVl::uul:: UL I::hLl::uU s.w. 36 Lll AVl::uUI:: ClUU lllClk.1:: Cl l...,;uuul::l...,;L.iuu Lu Llll:: I::hLl::uUl::u 1. .i'::j11L U[-WCly (lClLLI::L LI::I.,iU.iLI::::; I...,;UULU.iUClL.iuu w.iLb Lll I:: C.iLy u[ DI::1LClY BI::Cl 1...,;1 1 I...,; U1ll1l 1. I::lll::u::,.i v I:: ~lClu ~ul.il...,;y 2.2.~. Auy Cluu.iL.iuuCll ::.LLI::I::L l...,;uuul::l...,;L.iuu ::.llClll Cll.i'::ju w.i Lll LUClU::, .l.U ClUj Cll...,;l::uL ::.uLu.iv.i::;.iuu::. ClUU .l.U Lll I:: '::jl::ul::LCll v.il...,;.iu.iLy - CUlLl1lL I::lll::u::;.L v I:: ~lClu ~ul.Ll...,;y 1. 3. ~) [A1I1II::UU.Lh C, ALL.Ll...,;ll:: X, SI::I...,;L.LUU 10. D. ] I[ Lll.L ::. I...,;UlLUlLl::uL .L::; ul::ll::Ll::u Ly Llll:: CU.ulUL~i:)1:) ...i.UJ.l, LIJ.t:: CL1I1Il.iI...,;CluL ::;llCL 11 [.ill:: CL I...,;U1ll1lL 1::1ll::u::,.L v I:: 1I1CLu CLllll::1 H.11II:: U L Lu ~ul.Ll...,;y 2. 2.~. (CONDITION AMENDED '1'0 READ : AS A RESULT OF THE TRAFFIC ANALYSIS ; CONDUCTED BY DELRAY BEACH, THE APPLICANT SHALL FILE A COMPREHENSIVE PLAN AMENDMENT '1'0 POLICY 2.2.9.) 30. Provide a copy of unified control documents that X have been ann roved bv the city attorney. TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS '1'0 CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING. 5 DEPARTMENTS INCLUDE REJECT 31. Since platting does not requ1re any review by the X Planning and Development Board, and City Commission review does not occur until the end, no opportunity 1S available for the Commission to set land value for purpose of calculating the recreation fee. Therefore, since this request involves additional fees to be paid and since the property was recently sold, it 1S recommended the land value be set using the purchase price at the time of the most recent sale of the PUD property. This will require the applicant to submit a copy of their purchase contract. 32. To show the proper front setback omit the off-set X shaped buildable area shown at the front of lots 24 and 30. The front setback extends across the entire front of the lot at a distance of 21 feet from the front property line. 33. Check the scale (1" to 40') of the distance X between the rear of the buildable area of the buildings 1n block 2 and the rear property line. The setback chart indicates this distance to be 41.5 feet, however the space scales approximately 37.5 feet. 34. The plans identify area A, C, D and E as tracts, X however the plans show these areas with a symbol that is generally used to represent an easement. Correct this believed contradiction. Even though the home owners' documents includes language to eliminate improvements in these easements, installation of fences with signs around the tree preserve easement and deed restrictions that restrict lot owners from making improvements in the easements, it is believed that these areas do not qualify as easements. Restore areas C&D as tracts owned and maintained by the homeowners' association. 35. Show on the plan a fence with access gates X encompassing the tree preservation areas. The location of the fence shall be within the boundary of the preservation areas and the type and height of fence shall be delineated on the plan. It 1S recommended that the access gates be off-set from the private right-of-way to allow an area for a vehicle without blocking the right-of- way. 36. I L wa~ Y.L t::v .i.uu::;ly al"j.L t::t::J Lu Ly LlLt:: ayyl.i.l.,;auL LlLaL X LlLt:: t::lllt::.LI"jt::UI.,;Y al.,;l.,;t::~~ wuulJ Lt:: llluJ.i.[.i.t::J Lu Y.Luv.i.Jt:: au .i.lllY.Luvt::J ::;u.L[al.,;t:: [U.L uut::-way t::1"j.Lt::::.~ uuLu gt::al.,;.Lt::::;L Buult::va.LJ. Yl~ aJJt::J t::I"jLt::~::' wuulJ J.i.::; yt::.L ~ t:: UU -::..i. L t:: L.L a [[.i.1.,; auJ alluw t::LLlt::.L I"j t::UI.,;Y .i.UI"j.Lt::~~/t::I"jLt::::.~. MuJ.i.[y LlLt:: ylau::; Lu ::;lLuw LlLt:: t::1"j.Lt::::;::;. (CONDITION AMENDED TO READ: PROVIDE A ft(O-ptAY fONE-WAY) KN"1'1f:ANC~ UH ONLY ONTO SEA CREST BOULEVARD (THIS SHALL REPLACE THE 20 FOOT ACCESS/UTILITY EASEMENT SHOWN ON THE PLANS) . IT IS PREFERRED THAT THE ENTRANCE ALIGN W.L ".I'.H DRIVE. ) TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING. 6 DEPARTMENTS INCLUDE REJECT 37. Submission of a rectified master plan showing X compliance with the conditions of approval for the project will be required to be submitted to the Planning and Zoning Department, ln triplicate, prior to platting and site plan review of the project. A survey shall be included with the rectified master plan drawinas. ADDITIONAL CONDITIONS OR DESIGN CHARACTERISTICS AGREED UPON INCLUDE THE FOLLOWING: . DWELLING UNITS SHALL BE 2,400 SQUARE FOOT MINIMUM UNDER AIR; . DWELLING UNITS SHALL BE -2,600 SQUARE FOOT AVERAGE UNDER AIR; . A 3 FOOT BERM ALONG SWINTON AVENUE; . A CONTROLLED, GATED EXIT ONTO SEACREST; . 29 LOTS AT 9,000 SQUARE FEET; AND . 27 INTERIOR LOTS AT 7.150 TO 7,180 SQUARE FEET. TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING. .:e~t.'ll/P'od MR 311/96 TEXT IN ITALICS REPRESENTS DOCUMENTATION OR REVISIONS TO CONDITIONS GENERATED/APPROVED AT PUBLIC HEARING. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1996 Commission has done an outstanding job, and looks forward to them doing an even better job. Mayor Taylor appreciated Mr. Mitchell's kind words. He stated that we have a lot of things that we want to accomplish in the year ahead. He was sure the new Commissioners will bring even more projects to the table. He looked forward to their additions and all of us working together to make them happen. No one else in the audience wished to speak. VIII. DEVELOPMENT PLANS None. IX. NEW BUSINESS None. X. LEGAL A. Ordinances - 2nd Reading - Public Hearing 1. Proposed Ordinance No. 096-03 Re: Amending Zoning Code to allow nonprofit/Community Centers in M-1 Zoning District City Attorney Cherof read Proposed Ordinance No. 096-03 by title only. No one in the public wished to address this proposed ordinance. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-03 on second reading. Commissioner Tillman seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. JJ- 2. Proposed Ordinance No. 096-08 Re: Rezoning - Hills.QfLake Eden City Attorney Cherof read Proposed Ordinance No. 096-08 by title only. 21 ~ 1 '1 ,. , ,< '. \)'.... \:" Q ,:: ...; ~ 'I' ~ -....;.. ~ ~ tJ -!:: -r- ~ ~ C> -+- :) ::r ~ -..... - ~ -;- :J a \IJ ..:i. ~ \.l.l '< J~ -;.-+ ~~ t) -:i!: -..... - -_ I.W V\ ~ + . 1.1\' <;' () ~ U IV v') '-h tJ J -\-- ~ 'fJ ~ ................-. l__ /~ PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-525 TO: FROM: Jim Cherof City Attorney Tambri J. Heyden 7j;J- Planning and Zoning Director DATE: October 8, 1996 RE: Rezoning of water tank site on Miner Road and reduction of Hills of Lake Eden preserve area The phone messages I've left you pertain to the following issues, about which I need your assistance: 1. As directed by the city manager, staff is starting to prepare the land use amendment and rezoning application for the city owned, water tank/Sprint telecommunication tower site zoned PUD (proposed PU zoning). In order to modify the PUD master plan to delete the property from the PUD, must a master plan modification application be signed by all the PUD property owners as part of the unified control, or other, requirements? I've attached a copy of the deed for the property (the property was dedicated by the PUD to the city) for your review for possible determination that the rezoning may not be necessary. Also, staff has met with the owner of the undeveloped portion of the PUD who wants to submit a master plan modification to obtain approval of townhouses rather than approved apartments. 2. When the Hills of Lake Eden PUD rezoning came before the Commission earlier this year the approved master plan showed a total preservation area of 1.30 acres. The minimum set aside required by the comprehensive plan and now the code is 25%, or 1.05 acres for this PUD. The developer would like to reduce the preserve total to the minimum 1.05 acres. Can this be done without going back to the Commission or can the Commission take the pOSition that as part of the PUD negotiations they required m<?re than the minimum 1.05 acres? Attached are the Commission minutes wherein I've highlighted this discussion. T JH:dim Attachments xc: Carrie Parker Central File c:MINER-RD.WPD MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH= FLORIDA JUNE 11,1996 Ms. Heyden reported on the City Commission action as follows: Conditional Use for St. JoseDh's EDiscoDal Church and School - Approved subject to this board's recommendation regarding screening of the air conditioning units and of the existing units on the gymnasium. Hills at Lake Eden PUD Chanae in Zonina Conditions - Denied. Land Use AmendmentlRezonina for Bovnton Beach CDC - Approved subject to this board's recommendation regarding height and zoning reversion when the use is discontinued. Site Plan for Nautica Sound - Approved subject to the recommendations made by this board. With regard to signage, sign area is interpreted by calculating the individual letters. Knuth Road PCD Service Station Site Plan - Approved subject to staff comments and recommendations of this board regarding cross access to the adjacent parcel. Bovnton Beach Mall DeDartment Store F - Approved subject to staff comments. The City Commission decided that the variance granted in the 1980s applied to the new parking area; therefore, no wheel stops will be required. With regard to the height of the entrance feature, the City Attorney determined that the applicant is eligible to apply for a height exception. That is currently in progress. With regard to the comments relative to landscaping, there were minor changes. Vlninas Phase II - Approved subject to staff comments. Two Ordinances: 1. Environmental Regulations - Adopted 2. Drive-through window change to Community Design Plan - Approved on second reading with two minor changes. Ms. Heyden advised that there will be a special Planning and Development Board meeting on Tuesday, June 25,1996. In response to Chairman Dutle's question, Ms. Heyden advised that medical offices are going into the facility located at the southwest corner of Woolbright Road and Congress Avenue (old Glendale Federal Bank building). 2 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 VI. PUBLIC HEARING With regard to the items under Public Hearing and Development Plans, Attorney Cherof stated that all of the materials in the Commission backup package this evening, or any documents presented by staff, will automatically become part of the record. If anyone has other documents that they want to be part of the record, they need to identify those documents when they make their presentation or statement and make certain that a copy is left with the clerk this evening before they leave. He stated that the members of the Commission who have had contact with any of the representatives or parties or people of interest on any of these agenda items should disclose any communication at this time. J. Vice Mayor Jaskiewicz disclosed that she has spoken to many residents about the Hills at Lake Eden project. Mayor Taylor said he met with residents and received a telephone call from the builder of the Hills at Lake Eden project, indicating that he was going to apply for a rezoning. Commissioner Titcomb disclosed that he received telephone calls from concerned residents, and someone who may be related to the builder, about the Hills at Lake Eden project. Commissioner Bradley spoke to a number of residents with regard to the Hills at Lake Eden PUD. He also spoke to Michael Morton with regard to the Woolbright Place PUD and the Vinings, Phase 2. Commissioner Tillman disclosed that he also received telephone calls from the residents regarding the Hills at Lake Eden. At this time, Attorney Cheraf administered the oath to those who will be testifying regarding the items under Public Hearing and Development Plans. A. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: St. Joseph's Episcopal Church and School Jerome Milord St. Joseph's Episcopal Church and School 3300 South Seacrest Boulevard CONDITIONAL USE: Request to construct a 7,591 square foot new library, art and lecture building, housing a preschool facility, and a 299 square foot addition to the Classroom #5 building in place of the demolished library and lecture/art buildings. Jerome Milord represented St. Joseph's Episcopal Church and School. He requested a conditional use for Phase 3 to upgrade the campus to meet today's standards as far as education and the environment of the school. Their intentions are to demolish the existing library and lecture hall and replace them with new ones. He agreed with all staff's 16 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 conditions, and the screening of the air conditioning units to be installed on the new phase. He stated that the members of the Planning and Development Board recommended screening the rooftop units on the gymnasium building. He objected to this because it was not in the code at the time he received approval to build the gymnasium. However, he will bring this to the attention of the Board of Directors of St. Joseph's. Mayor Taylor stated that the city has been taking the appearance of our community very seriously, and every time we see a chance to improve our appearance, we do our best to do so. He would appreciate Mr. Milord taking this to his Board of Directors in a positive manner. Tambri Heyden, Director of Planning and Zoning, stated that there are two buildings that are going to be demolished along the south property line and in their place a new building is going to be constructed. This is a conditional use process because schools are a conditional use in the R-1-AAB zoning district. In the conditional use process, a use is considered to be acceptable provided thorough review of such things as ingress and egress, parking, loading, refuge, utilities, screening, buffering, landscaping, relationship to adjacent properties, and economic effects have been evaluated. We have done this and anticipate no further impacts to the surrounding area. Staff recommends approval subject to all staff comments. Also, as Mr. Milord stated, the Planning and Development Board recommended two additional conditions. Mayor Taylor commended staff for doing a thorough job in making sure that all the requirements of the conditional use were met. No one in the audience wished to address this item. Motion Commissioner Titcomb moved to approve the conditional use request to construct a 7,591 square foot new library, art and lecture building, housing a preschool facility, and a 299 square foot addition to the Classroom #5 building in place of the demolished library and lecture/art buildings, subject to all staff comments. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. J B. PROJECT NAME: AGENT: OWNER: LOCATION: Hills at Lake Eden, PUD Burl Gentry Newport Properties, Inc. 15.45 acres located at the west side of the intersection of Seacrest Boulevard and Gulfstream Boulevard 17 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 DESCRIPTION: REZONING: Request to amend original rezoning conditions to reduce the required minimum unit size to be constructed in the PUD from 2,400 to 1,800 air-conditioned square feet and reduce the required average size of the units to be constructed in the PUD from 2,600 to 2,400 air-conditioned square feet Burl Gentry of Gentry Engineering and Land Surveying Inc. requested that the City Commission reduce the required square footage for the proposed home sites to a minimum 1,800 square feet under air, which is the same as previously required by the R-1-AAB zoning which previously covered this property. The developer is also requesting that the city reduce the average square footage to 2,400 square feet under air. The developer agrees to maintain all other conditions covering the Planned Unit Development in the zoning approval previously. In regards to the square footage requested by the developer, the developer presented to the City Commission a study of the surrounding home sites, north south, east and west, and it Wa~SiQ~hat the average square footage was 2,600 square feet under air and a minimum f 24,00 ~are feet as previously agreed to. The developer has agreed that he made a co p e of mental calculations during the previous approval that were in error. After posting signs for marketing purposes on the subject property, the responses have not been supported to justify the square footage originally agreed to. The developer has yet to receive confirmation for prospective sales for in excess of 2,000 square feet from the responses that he has received to date. Therefore, the developer feels that if you cannot sell the 2,400 square feet home sites under air, that he would be best served to return to the original zoning (R-1-AAB) which would allow him to construct the home sites of 1 ,800 square feet under air. The developer is requesting that the City Commission consider reducing the minimum of square footage to 1.800 square feet under air and an average square footage of 2,400 under air to allow the successful development of this property. Frank Pinto, the developer, said he found out very late this afternoon that some people are under the misconception that we could only put 42 lots on this parcel, using the old zoning (R-1-AAB). Mr. Gentry received approval for a 52 lot subdivision on this parcel. One of the problems that we found with the subdivision as it was, was that there were going to be houses facing Swinton Avenue. We did not like that and asked Mr. Gentry to redesign. In that redesign, he came up with the philosophy of the PUD. We are only talking about an additional four lots. However, the configuration of the lot is much better for the new homes of today. We are here to address some of the issues that we are facing. Since the last approval we received, we put several signs on the property, and the largest house that we have discussed with the people who have called us on that sign is about 2,000 square 18 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 was no niche between the two to create the next rung on the ladder. The Barrett Heights homes were the least expensive, and the homes in Chapel Hill were $113,000. There weren't many homes in the $169,000 to $180,000 range. The homes south of the property off of Seacrest sold for $46,000, $149,000, $151,000, and $140,000. If you stick with an average square feet of 2,600, you compete directly with the new home basis against the older home, against the people who live in Lake Eden. He feels if you reduce the average, you will fill that niche and create that possible next move up person for the Lake Eden area. There is one side benefit. By the development of the project itself, you create additional traffic. Those homes that are currently on the market in the area mayor may not benefit. If you buy a home for $169,000 and wind up mortgaging $150,000, that means that your annual income must be approximately $60,000. Your income would have to be between $80,000 and $82,000 to purchase a 2,600 square foot home. According to the Chamber of Commerce, the mean average income of the City of Boynton Beach is $32,000. He felt a $60,000 home was not a shabby home, nor was it an insult to the neighborhood. Commissioner Tillman questioned Mr. Dugan's calculations. Mr. Dugan explained that he divided the 9 homes by the 60 and found out that 15 percent of the 60 homes were less than 2,000 square feet. Then he took 2,400 square feet and divided those 24 homes by 60 and found out that 40 percent of the homes were less than 2,400 square feet. Then he took the next, which would include the 2,000 to 2,600 and divided that by 60 and found out that 60 percent of the homes were less than 2,600 square feet. Commissioner Tillman said the majority of the numbers of the high end is over 2,000. Mr. Dugan said that is not true. Commissioner Tillman felt Mr. Dugan reversed the numbers to show in terms of percentages. Mr. Dugan said he took the first under 2.000 square feet, divided that in total number, which was 9 homes, by 60, and found out that 15 percent of the 60 homes were less than 2,000. Then he added the 9 and 15 and found out that 40 percent of the homes were less than 2,400 square feet. Commissioner Titcomb asked if we could then conversely say that 85 percent of the homes are over 2,000 square feet, using the same numbers. Mr. Dugan said, "No." He said Commissioner Titcomb is reading something in there that is not there. Commissioner Tillman said 9 of 60 homes are less than 2,000 square feet. So that means the majority of the homes are higher than 2,000 square feet. Mr. Dugan agreed; however, he .said the key is the average. Of the 60 homes, 9 are less than 2,000 square feet. Of the 60 homes, 24 are less than 2,400 square feet. Of 2,600 square feet, 36 of the 60 20 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 14,1996 A. Report from the Planning and Zoning Department 1) Final Disposition of Last Meeting's Agenda Items This item was deferred until later in the meeting. 6. OLD BUSINESS: None 7. NEW BUSINESS: A. PUBLIC HEARING Rezonina Hills at Lake Eden PUD Burl Gentry Newport Properties, Inc. 15.45 acres located at the west side of the intersection of Seacrest Boulevard and Gulfstream Boulevard Request to amend original rezoning conditions to reduce the required minimum unit size to be constructed in the PUD from 2,400 to 1,800 air- conditioned square feet and reduce the required average size of the units to be constructed in the PUD from 2,600 to 2,400 air-conditioned square feet. The presentation was dispensed with since all board members were familiar with Ile project. None of the board members had any questions of staff. 1. Project Name: Agent: ApplicanVOwner: Location: Description: Burf Gentry, Gentry Engineering, agent for the applicant, advised that the developer did a marketing study prior to initiating plans and the final development. He found that this would be an overbuild as far as overpricing the homes for this area. Because of this concem, he has present information that justifies the request for 2,400 square feet average and 1,800 square feet minimum. This would allow the developer to scale the homes between Seacrest and Swinton. The larger homes will be kept closer to Swinton near the higher priced homes in the area. and the smaller homes would be in the area of Seacrest to ke~p the homes comparable to the homes located across the street. The developer is in agreement with all of the other conditions which were part of the approval. That included all of the preserves, wall, berm, and perimeter landscaping. The problem the developer has is being able to build something he can sell. Mr. Wische pointed out that the developer is reverting back to the first site plan that was submitted. The board unanimously rejected that plan. Mr. Wische asked if the developer was still getting paper 2 -~~ - NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, on TuesdaYr May 14, 1996 at 7:00 p.m., to consider an application submitted by Burl Gentry of Gentry Engineering & Land Surveying for Frank Pinto to Re-zone the Hills of Lake Eden located at the 3500 block of S. Swinton Avenue. LEGAL DESCRIPTION: PARCEL 1: The south 2 acres of the East 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida, (less the right-of-way for Swinton Avenue as shown in Road Plat Book 3, Pages 250 and 251, Palm Beach County Public Records) . PARCEL 2: The S.W. 144 of the S.W. 1/4 of the N.W. 1/4r less the County road right-of-way, of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida. PARCEL 3: The East 1/2 of the S.E. 1/4 of the S.E. 1/4 of the N.E. 1/4r of Section 5, Township 46 South, Range 43 East, less the South 257.29 feet thereof, and also including the following described parcel: A portion of N.W. 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section 5r Township 46 South, Range 43 East, Boynton Beachr Palm Beach CountYr the Southeast corner of said N.E. 1/4 of S.E. 1/4 of the N.E. 1/4, Section 5; thence run S.88048'02"W. along the South line of said N.E. 1/4 of S.E. 1/4 of N.E. of 1/4r Section 5, 336.91 feet to a point on the Easterly right- of-way 69.18 feet to a point; thence run S.89059rOO"E. 188.55 feet to a point of curve; thence run Southerly along the arc of a curve to the right 87.96 feet, said curve having a central angle of 90000'00" and a radius of 56.00 feet; thence run S.90050'00"E. 92.31 feet to a point on the East Line of said N.E. 1/4, S.E. 1/4, N.E. 1/4 of Section 5; thence S.00014'28"W., 6.03 feet to the POINT OF BEGINNING. ALSO A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request at City Hall Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Floridar on Tuesday, May 21, 1996 at 7:00 p.m. or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Board of Adjustment with respect to any matter considered at this meeting 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 SUZANNE M. KRUSE, CMC/AAE CITY CLERK (407) 375-6062 a:legalnot.hil PLANNING AND ZONING DEPARTMENT MEMORANDUM #96-191 TO: Sue Kruse City Clerk j()~~ Tambri J. Heyden ~ /..:Jtl Planning and Zoning Director FROM: DATE: April 12, 1996 RE: Re-zoning of the Hills of Lake Eden, the 3500 block of ,S. Swinton Avenue Accompanying this memorandum you will find two (2) copies of the application, letter dated April 2, 1996 from Gentry Engineering and Land Surveying, Inc. and related documents for the above- reference application. The $1,000.00 application fee for staff processing and review has been forwarded to the Finance Department. A legal advertisement for same has been prepared for the May 14, 1996 Planning and Development Board Public Hearing and the May 21, 1996 City Commission Public Hearing and will be forwarded to your office after review by the City Attorney and City Manager. TJH:dim xc: Central File Attachments a:legalnot.hil REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planninq and Zoninq Department PREPARED BY: Michael Rumpf DATE PREPARED: April 11, 1996 BRIEF DESCRIPTION OF NOTICE OR AD: Chanqe to rezoninq conditions for the Hills at Lake Eden PUD SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leqal Ad for Planninq & Development Board meetinq on May 14, 1996 at 7:00 p.m. and City Commission meetinq of May 21, 1996 at 7:00 p.m. SEND COPIES OF AD TO: Newspaper, adioininq property owners, applicant and Planninq and Zoninq Director. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: ( 1) -'~V(/~A ' (Department Hea (t~!llq~ (2 ) (City Attorney) (Date) (3) (City Manager) (Da t e) RECEIVED BY CITY CLERK: COMPLETED: a : LEDENAD2 . AD (. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday, May 14, 1996 at 7:00 'p.m., to consider a request submitted by Burl Gentry of Gentry Engineering & Land Surveying, Inc. agent, for Newport Properties, Inc., property owner and applicant for the Hills of Lake Eden Unit Development (PUD) located at the 3500 block of S. Swinton Avenue. NATURE OF REOUEST: To reduce the required minimum unit size to be constructed in the PUD from 2,400 air-conditioned square feet to 1,800 air-condition square feet (as required in the original R-1-AAB zoning district), and reduce the requirec averaqe size of the units to constructed in the PUD from 2,600 air- conditioned square feet to 2,400 air-conditioned square feet. LEGAL DESCRIPTION: PARCEL 1: The south 2 acres of the East 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida, (less the right-of-way for Swinton Avenue as shown in Road Plat Book 3, Pages 250 and 251, Palm Beach County Public Records) . PARCEL 2: The S.W. 1/4 of the way, of Section 4, Florida. S.W. 1/4 of the N.W. 1/4, less the County road right-of- Township 46 South, Range 43 East, Palm Beach County, PARCEL 3: The East 1/2 of the S.E. 1/4 of the S.E. 1/4 of the N.E. 1/4, of Section 5, Township 46 South, Range 43 East, less the South 257.29 feet thereof, and also including the following described parcel: A portion of N.W. 1/4,of the S.E. 1/4 of the N.E. 1/4 of Section 5, Township 46 South, Range 43 East, Boynton Beach, Palm Beach County, Florida, and more particularly described as follows: Beginning at the Southeast corner of said N.E. 1/4 of S.E. 1/4 of the N.E. 1/4, Section 5; thence run S.88048'02I1W. along the South line of said N.E. 1/4 of S.E. 1/4 of N.E. of 1/4, Section 5, 336.91 feet to a point on the Easterly right-of-way line of Swinton Avenue; thence run N.00001'00IlE along said right-of-way 69.18 feet to a point; thence run S.89059'OOIlE. 188.55 feet to a point of curve; thence run Southerly along the arc of a curve to the right 87.96 feet, said curve having a central angle of 90000'0011 and a radius of 56.00 feet; thence run S.89059'OOIlE. 92.31 feet to a point on the East Line of said N.E. 1/4, S.E. 1/4, N.E. 1/4 of Section 5; thence S.Ooo14'28I1W., 6.03 feet to the POINT OF BEGINNING. ALSO A PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the above request at City Hall Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, May 21, 1996 at 7:00 p.m. or as soon thereafter as the agenda permits. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Board of Adjustment with respect to any matter considered at this meeting 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. a:legalnot.hil(~ R) CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK (407) 375-6062 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1996 Gary Peterson. Ft. Lauderdale. Florida. representlna the aDDlicant. confirmed for Chairman Dube that the applicant is agreeable with all staff comments. The applicant has been waiting for more than two months for approval, and is anxious to get this addition- built. Motion Vice Chairman Golden moved to recommend approval of the major site plan modification for Nations8ank, request to amend the previously-approved site plan to include a 928 square foot building addition, a new auto lane addition, and an ATM relocation, subject to all staff comments. Mr. Wische seconded the motion which carried unanimously. 9. COMMENTS BY MEMBERS Mr. Rosenstock requested that the record reflect the following: "In light of the comments that Mr: Wische and I made regarding the plans submittal by Tradewinds, that we get an opinion from our staff attorney regarding the number of days that must be taken as a maximum for hearing before the Planning and Development Board. and then the subsequent hearing by the City Commission." Mr. Rosenstock feels parameters should be set by the City Attorney so that the City can comply with the order. In the case just heard for NationsBank, the representative stated that he has been waiting two to three months for approval. "When someone can walk in here ahead of him, it is like someone getting in front of the line at an airline ticket counter ahead of you, and you're waiting to catch an airplane." Mr. Rosenstock would like a definitive decision on what can be done legally. He does not want to impede anyone, but the board wants to do what is right. Mr. Wische would like to see the stipulation that was stated tonight on this arrangement. Chairman Dube reminded everyone present that the board has requested the presence of the City Attorney at the next special Planning and Development Board meeting when the Tradewinds applications are heard. Chairman Dube asked Ms. Heyden if the Hills at Lake Eden application will again be heard by the Planning and Development Board. Ms. Heyden said the application wiD be a major master plan modification, and it is going back through the rezoning process as a change to the PUD zoning conditions. The ad specifically states the change which is a drop from 2,400 square feet under air to 1,800 square feet minimum, and from 2,600 square feet to II MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 9, 1996 2,400 square feet under air. This application will come back to the board next month. 10. ADJOURNMENT There being no further business to corne before the board, the meeting properly adjourned at 8:10p.m. ~Yn.~ (ftn~t-M. Prainito Recording Secretary (Two Tapes) S:\CC\WP\MINUTES\P&0B01040896.WPO 12 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 In response to a question from Commissioner Titcomb, City Manager Parker explained that there are two projects. The Boynton Beach Boulevard repaving was recently completed. The DOT was going to put medians in on Boynton Beach Boulevard. However, the City ended up with one median. That median is irrigated and will be landscaped in conjunction with the Federal Highway project. Federal Highway is going to be repaved from the canal, south to the City limits. That project will begin in January. Commissioner Titcomb said he was concerned that DOT was going to rip something up when they were repaving Federal. City Manager Parker said Boynton Beach Boulevard is finished. The other work will be done on the sides of the roads, and will not entail touching the paving. Commissioner Bradley inquired about the chase areas. City Manager Parker said right now they are grass, weeds, and dirt. That will be ripped out and replaced with paver brick. The paver bricks will be a red shade. There will also be small flowering trees placed intermittently along the sides. Vice Mayor Jaskiewicz asked if any Palm trees will be planted on Boynton Beach Boulevard. Mr. Frederick stated that right now DOT has not agreed to provide Palm trees in the chase areas because of ADA requirements. However, we may be able to add them at our expense at a later date. We could also possibly get a 50/50 grant to do that. The Commission reached a consensus to proceed with the full landscaping and irrigation. Vice Mayor Jaskiewicz asked City Manager Parker to request that the FOOT install a traffic signal on Federal Highway in front of Sterling Village. She said several accidents have occurred there, and the blinking light is not effective. City Manager Parker said the issue is the traffic warrants an the turns. She doubted that they will meet that because a study was done when the blinking light was installed, and that property has not increased since then. However, she will ask FOOT to take another look at it. XII. CITY MANAGER'S REPORT A. The Hills J/i..ke Eden rl-G? ..P;\-'. City Manager Parker reported that the applicant for the Hills of Lake Eden has requested a change from the house numbers that were agreed to at the meeting. We are reprocessing this as a rezoning. This matter will be back before the Commission in about 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 2, 1996 two months. The minimum house size agreed to was 2,400 and the average was 2,600. The applicant has decided he can no longer do that and would like to reduce that down to 1,800. City Manager Parker stated that on Thursday, we had planned a tour of the various city facilities. Since Mayor Taylor is the only one who is able to go, the tour will be rescheduled. XIII. OTHER None. XIV. ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 9:12 p.m. CITY OF BOYNTON BEACH ATTEST: ~AV~.~~~A~< City lerk '~-r~ Recording Secretary (Three Tapes) I~~? i / / / ! Commissioner ~ 1.__ d~ /~ '- co~sioner 29 - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MARCH 19, 1996 No one in the public wished to address this proposed ordinance. Motion Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 096-08 on second reading. Commissioner Bradley seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. B. Ordinances - 1 st Reading 1. Proposed Ordinance No. 096-09 Re: Abolishing the position ot Mayor Pro T em City Attorney Cherot read Proposed Ordinance No. 096-09 by title only. Motion Commissioner Bradley moved to approve Proposed Ordinance No. 096-09. Vice Mayor Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. 2. Proposed Ordinance No. 096-10 Ae: Future Land Use Amendment - Enclave #6 City Attorney Cherat read Proposed Ordinance No. 096-10 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. 096-10. Commissioner Bradley seconded the motion. A rail call vote was polled by the City Clerk. The motion carried 5-0. 3. Proposed Ordinance No. 096-11 Re: Rezoning - Enclave #6 City Attorney Cherat read Proposed Ordinance No. 096-11 by title only. 22 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1996 Motion Vice Chairman Golden moved to approve the minutes of the February 13,1996 meeting. Mr. Beasley seconded the motion, which carried 4-0. Ms. Frazier abstained since she did not receive the minutes. 5. COMMUNICA TIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department (I) Final disposition of last month's agenda items Ms. Heyden reported on what transpired at the last City Commission meeting relative to the items that were before this board last month. Charter Drive North - Both abandonments were approved subject to providing easement agreements. The problems with access were resolved. The applicant is now working on getting the recorded easements for the City. Once the City receives them, resolutions can be adopted. Hills~Lake Eden - The rezoning was approved subject to the following conditions: 1. The preservation areas will be tracts instead of easements. 2. The landscape buffers along Seacrest and Swinton will remain easements. 3. The sidewalks will be on one side. 4. The building height was allowed to be 33 feet. 5. The roads (private rights-of-way) have to be ~ feet wide. 6. A gated egress was approved onto Seacrest only. 7. The minimum square footage under air must be 2,400, and the average square footage under air must be 2,600. This item is going to the Commission next Tuesday for second reading. High Ridge Commerce Center - The use approval to allow wholesale distribution and service of turf equipment was approved subject to environmental review. 2 MEETING MINUTE... REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 references to the applicability of residential properties has been removed. This now covers all properties (commercial and residential). Mayor Pro Tern Matson agreed that Sections VI and VII should be deleted at this time, and addressed by the incoming Commission. In response to Mayor Taylor's question, Ms. Heyden advised that this Code does not prohibit parking in swales. Commissioner Jaskiewicz feels that issue should be addressed in the future. City Manager Parker advised that the item contained in this Code that deal with swales addresses the issue of tree planting in swales. City Manager Parker referred to Page 4, Section V, and questioned whether or not a percentage relative to paint and roofing materials had been set. Ms, Heyden said the Planning a..'1d Development Board recommended 25 percent. Mayor Pro Tern Matson and Commissioner Jaskiewicz agreed that the figure should be set at 20 percent. Vice Mayor Bradley feels we should move ahead with this Code which covers Sections I through V. During the visioning process, ideas may present themselves relative to the remaining areas. Motion Vice Mayor Bradley moved to approve Proposed Ordinance No. 096-07 up to and including Roman Numeral V. Mayor Pro Tern Matson seconded the motion. However, she requested that it include residential and mmmercial property and 20 percent applies to the roof material and paint. -., City Clerk Sue Kruse polled the vote. The vote was unc1nimous. 2. Proposed Ordinance No. 096-08 Re: Rezoning - Hills of Lake Eden Attorney Cherof read Proposed Ordinance No. 096-08 by title only. Ms. Heyden reported that there is an error in Comment 34. It conflicts with Comment 13 and implies that the preservation tracts and the landscape areas must be tracts. The Commission allowed the landscape area to be easements. The preservation areas had to be tracts. Therefore, the last sentence of Comment #34 should read, ''Restore Areas C and o as tracts owned and maintained by the homeowners' association." 15 MEETIN G MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA MARCH 5, 1996 Motion Vice Mayor Bradley moved to approve Proposed Ordinance No. 096-08 on first reading, subject to staff comments. Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: 1. Proposed Resolution No. R96-31 Re: Authorize execution of Lease Agreement between the City of Boynton Beach and Palm Beach County Cellular Telephone Company to erect a communications tower at the Little League Ball Park Attorney Cherof read Proposed Resolution No. R96-31 by title only. Motion Mayor Pro Tern Matson moved to approve Proposed Resolution No. R96-31. Vice Mayor Bradley seconded the motion. Dale Sugerman, Assistant City Manager and Human Resources Director, advised that negotiations concluded at 3:30 p.m. today. He presented the last meeting changes requested by AT&T. The lease payments would be monthly in lieu of annual after the first year. AT&T has requested that we leave space for recording at the top of the first page. In addition, they have requested the addition of language relative to. interference, and termination without penalty or further liability . AT&T would like their legal department to obtain copies of any notices that are sent. These changes are considered non-substantial in nature. Mr. Sugerman advised that the agreement between the City and BellSouth Mobility was used as a model. The BellSouth tower is already in place. The relationship between the City and BellSouth was slightly different than the relationship in this agreement. The arrangements with BellSouth included lighting for the ballpark. An attempt was made to remove all of the extraneous lighting language; however, it was missed in a few places. At the top of Page 2 of the lease agreement, remove "and lighting structure". In addition, on Page 3, Section 5, Line #4, remove "and related office space" since there is no planned office space. In the following sentence, remove "the new building will be attached to the City's existing storeroom/ equipment building". Mayor Pro Tern Matson asked if the termination language is reciprocal. Mr. Sugerman 16 . ~."_,.__ ._n__._._____._.__.______ . (..',t,~d "",..-- ' I" i PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-107 ~-/- . . ~ i' / j' t.J ,,~.~' c U"_.};-t J . Agenda Memorandum for March 5, 1996 City Commission Meeting / <IV ., ),. ; 1'.\ 2.!J ";'; A/:' FROM: Carrie Parker City Manager Tambri J. Heyden .~.~ Planning and Zoning Director TO: DATE: February 29, 1996 SUBJECT: The Hills at Lake Eden - File No. REZN 95-002 Rezoning from R-1-AAB to PUD Please place the above-referenced request on the March 5, 1996 City Commission agenda under Legal - Ordinances, First Reading. DESCRIPTION: You will recall that this request from Newport Properties, Inc., to rezone a 15.45 acre parcel from R-1-AAB (Single-family Residential) to PUD w/LUI=5 (Planned Unit Development with a Land Use Insity of 5) was approved by Commission on February 20, 1996 subject to numerous conditions. It is now ready to finalize through adoption of an ordinance. The property is located on the west side of the intersection of Seacrest Boulevard and Gulfstream Boulevard. The proposed use is a Planned Unit Development (PUD) consisting of 56 single-family dwelling units. RECOMMENDATION: It is recommended that the attached ordinance be approved on first reading. TJH:dim Attachment a:REZNCCAG.Hil MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Beach. The perimeter fence, the entrance gates, the interior and exterior landscaping, the private roadway, and the pedestrian walkway shall be dedicated to the homeowners' association for operation and maintenance. This proposal represents the third plan for this property which was brought before the Boynton Beach City Council. In December of 1981, he received final plat approval for Lake Eden Heights, a 12 lot subdivision, after completion for preliminary plan, master plan, and preliminary plat, together with completion of development plans and obtaining permits for sewer, water, paving, and drainage. The developer reached an agreement with the owners of the remainder of the property east and south of the Lake Eden Heights property, which makes the total 15.45 acre parcel which makes up the current application for rezoning. Mr. Gentry said the developer requested him to redesign the prior development to include the new property, and the prior approvals were allowed to expire. He proceeded to develop a subdivision with 52 single-family lots with the current R-I-AAB zoning. He received preliminary plat approval from the City Council on March 19, 1985. All the required permits were also obtained, including sewer, water, paving, and drainage. Due to problems not related to this project, the developer decided to sell this and all of his other projects. Newport Properties purchased this 15.45 acre parcel and requested that he prepare development plans for the subject property based on the current Land Development Regulations of Boynton Beach. After meeting with the Planning Department, it was decided that a PUD development of the subject property to meet the current regulations was best suited. Two environmental issues were encountered at the beginning. First, Florida tortoises were found on the subject property. The developer hired C&N Environmental Consultants, Inc. ofTequesta Florida, who obtained permits from the Florida Game and Fresh Water Fish Commission to capture and relocate all the Florida tortoises to another site. The second issue was the requirement for flora and fauna survey and the location of the viable scrub on the subject property to establish the size for the 25 percent scrub preservation requirement. C&N completed the flora and fauna survey and provided copies to Kevin Hallahan, the City of Boynton Beach EnvironmentalistIForester. C&N also field located all the areas of viable scrub, and Gentry Engineering located the viable scrub marked by C&N on a copy of the property boundary survey. The area of the viable scrub was measured and found to be 4.2 acres. Based on the Code requirement to preserve 25 percent of the viable scrub, then 25 percent of the 4.2 acres equals 1.05 acres of required preserve. The proposed plan for this development calls for two preserves to be located on the top of the existing dunes on this site, totalling 1.3 acres, which exceeds the minimum requirement. The eastern preserve falls almost totally within the viable scrub, but the western preserve falls in an area that was cleared 10 to 15 years ago, and only contained approximately 0.3 acres of viable scrub. Therefore, this preserve will be filled with relocated 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA FEBRUARY 20. 1996 viable scrub and managed with irrigation and nutrients to assure the scrub survives. Scrub that does not survive would be replaced by nursery stock, since the scrub on this property is commonly available from local nurseries. Cheryl Carpenter, Senior Biologist with C&N, said she was notified by the Florida Game and Fresh Water Fish Commission last summer that there were gopher tortoises on the Hills of Lake Eden site and was retained by Mr. Pinto to provide protection for the gopher tortoises. to do a flora and fauna survey, and to identify the highest quality habitat on the parcel. She secured a permit and relocated the gopher tortoises to an approved restocking site. Then she physically marked off all the areas that were dominated by native upland vegetation. She also identified the area of highest quality, which was on the ridge. The western parcel had been previously cleared, but had not been root right, and much of this area has come back in high quality vegetation. It is open and probably the best habitat on the site. The site is significantly degraded due to lack of management. Vines, Brazilian Pepper, and exotic vegetation exists throughout all the parcels. Pepper dominates the understory throughout the site. A third of the parcel, the southwest corner, is all landscaping material that is not native. Mr. Gentry suhmitted 16 photographs of the site as Composite Exhibit "C". Mayor Pro Tern Matson inquired about the preserve. Ms. Carpenter advised that the two highest quali ty areas, both of which are at the top of the ridge, are going to be preserved. Mr. Gentry said two previous plans have been developed for sewer, water, paving, and drainage on this property. Therefore, the necessary utilities are available for this current project. The site roadway plan and lot layouts have been developed to preserve the natural dunes and elevations to maintain the rolling character of this property. The proposed gated community with private road and controlled by a homeowners' association will allow the developer to build better and larger quality homes which would not be possible with the current zoning. The developer is proposing three different plans, namely, 2,400 square feet, 2,700 square feet, and 3,100 square feet (under air). The developer will expand the number of floor plans following rezoning approval with the intent to build larger homes. Frank Pinto of Newport Properties, said this property, being an in-fill unit, is very difficult to assemble when you have so many varying factors. He reviewed and submitted Exhibit "0" (Analysis of '93 - '95 Sales) which showed the following: 15 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Mission Hill and Chapel Hill A verage Sq. Ft. under A/C of Sales A verage Sale Price A verage Gross Ft. Average Sale Price Per Sq. Ft. Lowest Sales Price Lake Eden Plat 4 Average Sq. Ft. Under AlC (61 Lots) A verage Sale Price A verage Gross Ft. ( 61 Lots) A verage Sale Price Per Sq. Ft Lowest Sale Price Lowest Sale Price Per Sq. Ft. Lake Eden Plat 3 A verage Sales Price A verage Price Per Sq. Ft. 1,841 $113,209 2,236 $55 $70,000 2,637 $241,000 3,188 $71 $174,600 $57 $145,533 $58 Mr. Pinto stated the subdivision that Gentry Engineering received approval on is a good one; however, he wants a better one. He explained the problem of the average sale price being $241,000 on one side and $113,000 on the other side. He is trying to create an amenity by building a private, gated, community with bigger houses, better prices, and a bigger tax base. This was designed to identify with the $241,000 houses on Swinton A venue. If he opens up onto Seacrest, he is looking at $101,000 houses. He is trying to avoid that by gating it. He is offering the buyer something he is not going to get across the way with a canal. He is going to get a * preserve area, a reasonably sized lot, and $200,00 to $210,000 an average across the board. He has reconfigured a 9,000 foot lot so that he can build a different type of house than was built 20 or 25 years ago. Mr. Pinto circulated several floor models, which represent homes with 2,400 and 3,200 square feet under air. At this time, he did not now whether these houses are marketable there. However. he was willing to build two or three models and test the market. One of the houses includes a pool. It is a courtyard house, and cannot be put on a standard type of lot. This is one of the reasons why the lots were reconfigured. He is hoping to maximize the preserve areas and *$200,000, not $200,00 16 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 so the buyer can have 50 to 70 feet between his lot and somebody else's lot. This is how he addressed the problem of an in-fill project in Boynton Beach. Mr. Pinto reminded the Commission that in 1995, the average sale in Boynton Beach was $81,000. He is trying to attract a different caliber of buyer to the City, and asked the Commission to help him do this. Commissioner Jaskiewicz asked what the maximum height is on the homes. Mr. Pinto stated that the architect would like to have 35 feet, but there was an agreement to go with 33 feet. Vice Mayor Bradley said he met with the City Manager, and Messrs. Pinto, Gentry, and Kirschner this afternoon and discussed this project He was surprised at these numbers and said they are way above the square footage under air numbers that were discussed this afternoon. He asked ifthere-will be an equal number of 2,400, 2,700 and 3,100 square foot under air projects. Mr. Gentry stated that the potential is there, and as discussed at the meeting, the market will have to control that. He would like to build the lar:ger homes. Mayor Taylor understood Mr. Gentry to say that he intends to build the 2,400, 2,700 and 3,100 square foot houses as models, and that there will be smaller ones. Mr. Gentry said that is correct. Exhibits "E" and "F" (overlays and models) were submitted. Mr. Gentry stated that the City of Delray Beach has voted to modify their Comprehensive Plan to remove the requirement to extend S.E. 34th A venue from Seacrest Boulevard to Swinton A venue. This was based on a traffic study which showed that the extension was not necessary for future development in this area. In regard to the proposed connection to Swinton A venue, in response to the City Engineer's request, a traffic study was done in accordance with the Palm Beach County Traffic Section's requirements for all roadways within a one mile radius of this development to obtain the concurrency certification for this project. The traffic study was approved by the Palm Beach County Traffic Section and the confinnation was mailed by them to the City Engineer to confinn that there was adequate capacity on Swinton A venue and the area roadways which will serve this development. The standard for Swinton Avenue for the more rigid standard is known as a LOS D, and based on the LOS 0 for Swinton A venue, the capacity of the roadway is 15,400 vehicle trips per day. With this development, the traffic for Swinton Avenue was found to be 1,200 vehicle trips per day for two directional trips, which is less than 10 percent oftbe capacity of this roadway. Therefore, this development will not have a significant impact on Swinton Avenue. 17 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 At the Planning and Development Board meeting on February 13th, Ellen Smith, agent for the property owners to the west of this property, made three points that should be corrected for the record. Ms. Smith indicated that we have not tried to communicate with this community. He pointed out that the numerous calls were received from the property owners and the project was explained to them. They seemed satisfied and welcomed this property being developed. The applicants also responded to all invitations to meetings with the property owners and their agents. Second, Ms. Smith said the developer was cited by the City of Boynton Beach for extra clearing beyond the scope of the clearing permit. However, she did not point out that the developer met with City Attorney Cherof, Charles Frederick, the Director of Recreation and Parks, and the City Forester, Kevin Hallahan, and that this issue was satisfied. Third, Ms. Smith stated that if you remove the area required for the preserves and the private road right-of-way, you would have a net density of 5.6 units per acre. He checked this figure and found that if you remove these areas, the net density would be 4.79 units per acre, which is still less than the allowable gross density of 4.84. The gross density for this project is 3.62, as stated in staffs report. He requested that the City Commission approve this rezoning request, subject to staff comments. He also requested for approval for a 40 foot private road right-of-way, and a pedestrian walkway on one side of the interior roadway. Attorney Mitchell Kirschner stated that this project is in the best interests of Boynton Beach. He stated that people who have lived near an undeveloped, vacant tract for a long time, enjoy living next to an undeveloped, vacant tract. He advised that the applicant has complied with the Code, and is willing to work out the technical items. Mayor Taylor opened the floor to the public. Ellen Smith of Unruh, Smith and Associates, represented the neighborhoods of Lake Eden. She is a member of the American Institute of Certified Planners. She represented the neighborhoods of Lake Eden in their opposition to this proposed project. She believed the concerns of the residents are well founded. 18 MINUTES CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA FEBRUARY 20. 1996 She said there is a concern about compatibility on the following grounds: I . Lot Size Today, she heard that lot sizes are now going to be 9,000 square feet, compatible with what could be built in this area. She recalculated the lot size, especially the interior lots, and found that to achieve 9,000 square feet on the interior lots, as well as on the outside of this project, you still are counting the preserve in the lot size. There is approximately 9,100 square feet of lot shown on the plan on the interior lots. When you take out a 35' wide by 55' long strip, you have to deduct 1,950 square feet from the 9,100 square feet, resulting in a lot size of7,150 square feet. She said this is not a project of 9,000 square foot lots. She has done some calculations and deducted the areas of the lots that are in the preserve, as well as the landscape strip. The exterior lots include the landscape strip. The average lot size, including the 15,000 square foot lot, is in the neighborhood of 75,000 square feet. This is incompatible with the neighborhoods of Lake Eden. On 36th Street. across from Swinton Avenue, the lot sizes are 16,000 square feet. 2. Density The net density is 5.77 units an acre, as stated on page 8 of staffs report. Even if it is 4 plus, it is still incompatible with the neighborhoods of Lake Eden. You get to count the land area devoted to roads, the landscape strip, and the guardhouse in calculating density for a PUD. On a net density basis, when you take out of this PUD the roads, landscape strips, guardhouse, and other features, you bave a net density of 5.77 units per acre. The net density of the neighborhoods of Lake Eden is 2.5 units an acre. 3. Home Size She was not sure what the minimum home size is. As of yesterday, there was a commitment to build or1l.y 12 houses of 1,800 square feet. She thinks this was under air. Today, the commitment is for an average under air square footage of 2,100 square feet. That is still incompatible with the area. In the five plats in Lake Eden and Lake Shore Estates, the average home size under air is 2,600 square feet. If this project is approved, she requested that the City obtain a firm commitment that all of the homes be at least 2,400 square feet. 4. Home Value Property tax research revealed that in the last two years, the overall sales price was $237,200, $202,000 in Lake Eden Plat 4, and $304,000 in Lake Eden Plat 1. She would like the developer 19 MINUTES CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA FEBRUARY 20, 1996 to build something in that price range. Homes that are smaller than the ones next door. and homes on smaller lots than the ones next door, are not going to sell at the same price as the selling price of the neighborhoods of Lake Eden. 5. Lot Frontage This development plan truncates the requirements of the Code. The Code requires 90 feet for an average lot. If it is an irregular shape, it can be decreased to 65 feet. The developer is proposing 65 feet for average lots and 45 feet for irregular lots. The neighborhoods of Lake Eden, 36th Street directly across the street, have lot frontages of 100 feet. Lot frontage is one of the major factors that will contribute to the feeling of smallness that you will get when you enter this development. The dimensional requirements of the Code have been shrunk and this small planned development has been put in the middle of a traditional neighborhood. This project will diminish the value of the surrounding neighborhood because of the home size, the lot size, the lot frontage, and home value. In order to approve the project, the Commission must find that the proposed rezoning would be compatible with the current and future uses of the adjacent and nearby properties, and that it would have no negative affect on the value of nearby properties. There has been a lot of discussion about the two aisles full of environmental preserves. She was somewhat relieved that these are now going to be platted as tracts. However, this is not the real issue for the neighborhoods of Lake Eden or those concerned about the environment. The real issue is the edge effects. She read portions of a letter, dated January 12, 1996, addressed to her from Barbara Bobsein, the County's former Biologist charged with reviewing development plans for a number of years. In that letter, she states as follows: "I have reviewed the preliminary site plan for the above-referenced project. The proposed preservation areas, as they are depicted on the site plan, will not allow for long term preservation of the habitat to be set aside. Long narrow linear preserves are exposed to a number of intrusions known as edge effects which degrade the quality of the habitat over time. The placement of homes on both sides of the two preservation areas will accelerate this edge effect and compound the degradation of native habitat. The preserve area will be invaded by sod growing in the yards, exotic ornamental landscape material planted in and around the preserves, mowing, dumping and a number of yard accessories. Preserves will also be affected by yard runoff, which typically includes nutrients from fertilizers, and various pesticides and herbicides which over time degrade these areas." 20 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Ms. Smith said this is nO( the highest point in the preserve area. This is at an elevation of approximately 26 feet. whereas this has an elevation of approximately 30 feet. There is going to be a slide of runoff directly into the preserve. Ms. Smith continued to read portions of Ms. Bobsein's letter as follows: "Deed restrictions on lots which contain portions of the preserve may look good on paper but in reality will become a never-ending enforcement nightmare since individual property owners own small pieces of the overall preserves. In my previous position reviewing development plans ... I had the opportunity to review and observe narrow linear preserves similar to what is proposed in this project Based on my past observations, this type of preservation will not work." Ms. Smith reminded the Commission that this project has 2,000 feet of edge effect. She said Objective 1.5 encourages the City to approve land developments that are sensitive to the environmental characteristics on site. Objective 1.1114 says the City shall, to the maximum extent feasible, protect all remaining areas of substantial native upland. Ms. Smith said this configuration is a formula for poison of the preserve. Ms. Smith agreed that Swinton A venue meets the level of service adopted by the County; however, it is a crowded road impacted heavily in the morning, especially by commuter traffic and school buses. Therefore, she asked that all traffic head out onto Seacrest Boulevard with only one access, Seacrest. The residents would like an additional access onto Seacrest Boulevard. Ms. Smith understands that there is no requirement for pun buffer. This is unusual in contemporary planning. Sbe would like more of a buffer than what is shown. On the north and south property lines there is no buffer. The only buffer proposed is on the east and west portions of the property line. Condition 24 in staffs report indicates that there is no minimum width specified. Condition 24 also requires 8 foot tall trees placed 40 feet on center. Ms. Smith said 8 foot tall trees are below the industry standard. The County Code calls for a minimum of 12 foot trees, 20 feet on center. There is approximately a 15 foot difference in elevation from the site to the neighborhood most adjacent. The site has an average elevation of 32 feet, and the area across Swinton is at 14 feet. The buffer, as proposed. is not going to buffer anything. What could be an inferior, incompatible project will peer down on one of the City's finest neighborhoods. 21 r / MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20,1996 With regard to the taxable value of this project compared to by right development, Ms. Smith believes the difference between this proposal and a by right development would be a wash. It does not seem logical. The Property Appraiser bases his valuation approximately 80 percent on home size and 20 percent on lot size. They use $40 a square foot unless you are building a very fancy project. If the PUD contains 2,100 square foot homes, at $40 a square foot, that is the assessed value of 84,000 square feet times the 56 homes yields a net taxable value of the project overall at $4.76 million. The developer could build 1,800 square foot homes. At $40 a square foot, a per house assessment at 72,000 square feet times 60 would yield a net overall value of $4.3 million. The difference of $440,000 in the overall value of the two projects may seem a lot; however, lot size was not included in by right. These will be 9,000 square foot homes. Considering the Property Appraiser's formula, 20 percent of his assessment comes from the lot size. There will be a significant difference in lot size. The $440,000 difference in overall taxable value will be diluted significantly by the millage. By the time you multiply that number times .008, that number becomes almost negligible. Add to this that on the by right development, with a 9,000 square foot lot, these people will probably add to their homes over time. Therefore, the difference in taxable value is a wash. Ms. Smith said she heard that if this project is not approved, there will be by right development with lots of driveways on Swinton Avenue. She realizes the developer has a plan of development prior; however, the access standards in the subdivision code say subdivisions shall be designed to accomplish access to lots by the use of local streets. Swinton A venue is not a local street. Therefore, driveways could not be permitted on Swinton A venue. According to the County Engineer's Office, Swinton A venue is a nonplanned collector road. Ms. Smith said there is a feeling of discomfort by the residents towards this project. The residents asked for a meaningful preserve, a six foot berm, and a commitment to a minimum square footage that is compatible with the neighborhood, a minimum lot square footage excluding the preserve and landscape strip, or at least the minimum Code requirement of 9,000 square feet, and access. They asked why the preclearing looked so extensive and were told that they had a permit. A letter had been issued from the City Attorney's Office saying that they had gone beyond their original permit and could be levied a fine of up to $51,000. In a letter dated November 17, they had been told that marketing studies had produced the home size/lot size. However. they were subsequently told that there was no marketing plan. She asked the Commission to invoke what the Code requires and that the development that is approved be compatible to the neighborhood and have no adverse affect on value. She asked for a recommendation of denial. 22 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Mayor Taylor clarified that there was an issue with the clearing, but that was settled to the satisfaction of the City. Betty of 1 N.W. 25th Court, Delray Beach, expressed concern about adding to the traffic situation. Stella Rossi, 625 Whispering Pines Road, was concerned about the environment. She displayed a map and staled that this is a 15.4 acre tract of Florida native habitat. It is not just scrub, and contains Pine flatwoods throughout the site. When one superimposes the applicant's line of delineation on the west strip of the 0.69 acres and deducts the exotic, the actual acreage within that line of scrub is .16 acres. The strips, as shown, total 1.29 acres. The actual scrub in both strips equals .66. The applicant had stated that he will infill those portions of the two strips that I ie outside of the delineating line. She did not feel the Comp Plan of 25 percent setaside of Florida native habitat plant communities intends to utilize infill or replanting infill as preservation, especially if one-half of the area needs infill. This is not preservation. If the applicant was intent on preservation, the preserve area should have been selected first, and the street and lot layouts second. The clearing of the acre on the east and the six 25 to 50 foot wide strips cleared for a tree survey took place July 10, 1995. The tree location survey was done August 23, 1995. Therefore, the environmental assessment could not reflect the original conditions in calculating acreage and trees. From her historic knowledge of 33 years of this site. she felt the delineating line of 4.2 acres should be expanded. If the applicant was intent on preservation in accordance with the Comp Plan, then an area not requiring infill should have been selected. Relocation of scrub does not have a very successful record. She found it ironic for the environmental assessment of November 8, 1995 to state that preserved areas will provide habitat for the wildlife when the dominant species, the gopher tortoise, was removed from this site. She asked how much wildlife will stay in a 55 foot strip that will be further diminished by the edge effect. This project is at the entrance to our City from the south and should be a quality project. The Slash Pines will be replaced by lots and streets. The 15.4 acre site deserves more preservation than 1.05 acres, especially when the Gentile environmental assessment of 1989 stated a 3.75 plus acre preserve. All the "A" sites being purchased in Palm Beach County have vines and exotics present on them. Remove them, and the sites are still native. A line of Silk Bay trees, which are native, at least 20 feet high, existed to the southwest before clearing for the tree survey. She said she has been denied access, along with her biologist, to see if any exist to date. They are not included in the tree survey. 23 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Mrs. Rossi said the City should require at least 2 acres out of the 15 acre site. or the 1.29 acre native habitat preserve in one parcel, located as much as possible to the outskirts of the development which includes scrub and Pine Flatwoods. If not, we should abandon the 4.4 objective in the Comp Plan. She pointed out that the environmental assessment on page 10 states, "discourage tract equipment in the preserve". She said it should say "prohibit". It also says that nature paths are not compatible in these small areas. The preliminary design shows Palms. Historically, only Sable exists on the site. If non native vegetation is brought in, then it should be noninvasive to the preserve. She asked if the endangered cactus and endangered Wild Pine will be relocated to the preserves that appear on this site. Mr. Kirschner submitted a December 6, 1988 letter from George G. Gentile & Associates, Inc. to Adair & Brady as Exhibit "G". He read the following from this letter: "During our research regarding the wildlife, our office contacted Stella Rossi of the Coalition for Wildlife Habitat. Three years ago, the Coalition was thinking of purchasing the site. During this time, Mrs. Rossi visited the site and observed similar wildlife. She observed at that time, gopher tortoise and a grey fox residing on this site. However, she felt that the overgrown condition of the site caused these animals to leave, which is reinforced by our findings of abandoned gopher tortoise holes." Mrs. Rossi said she checked with the Game and Fish Commission and gopher tortoise do not necessarily leave a site because it is overgrown. They just find another burrow. Gopher tortoise are famous for abandoning burrows and moving on to others; She asked how they could have been recently removed if they had abandoned the site. Mr. Kirschner said Mrs. Rossi had an opportunity to buy the property and if she did, she could have used it for any objective she wanted to, including having a coalition for habitat. Mrs. Rossi said the Coalition for Wilderness Islands was not set up to purchase property. It was set up to find a mechanism to buy environmentally sensitive lands in Palm Beach County, and that was accomplished through the $100,000,000 bond issue. Mr. Kirschner reiterated that according to this letter, the Coalition wanted to buy the property. Now that Mr. Pinto has bought the property, which was in foreclosure and laid waste for years, the Coalition is going to attempt to stop the opportunity for development of it. This property is not environmentally sensitive. He pointed out that the City's staff has said the requisite amount of tree preservation is being done. 24 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 Mrs. Rossi said she is not against the development of this propeny; however, she feels that the environmental aspects of this piece of land should be considered. Enrico Rossi. an engineer, referred to the schematic drainage that was submitted along with the application. He said the plan calls for two 20 foot strips; one along Swinton and one along Seacrest. These two strips are supposed to accommodate runoff from a high point within the project and running into these two swales. There have been comments made that these two strips are supposed to accommodate not only retention, which is done by depressing the ground, but then you are going to increase the height of the ground by putting mounds, walls, and plants on it. He did not think there is sufficient information to say whether these strips can accommodate all those conditions. He cautioned the City to look at this a little more closely. In addition, they are included as pan of the lot, which is rather unusual. These buffers that are put aside for those purposes are usually identified as tracts. Gary Lehnertz. 619 S.W. 2nd Avenue, addressed the Commission as a citizen and as the Chair of the Loxahatchee Group Sierra Club. He stated that this development has traffic circulation problems, negative traffic impacts on surrounding roadways, and negative impacts on the surrounding properties. The native setaside areas are absolutely abysmal and not nearly what we need and not nearly what was envisioned under the Comprehensive Plan when that was first developed and approved. The goal of a native habitat and setaside is to allow some place for native flora and fauna to exist and to continue to exist. To do that you need to maximize the size, which means a single contiguous area, and minimize the boundaries. Every place that you have an edge, you are going to have some type of invasive situation and negative impacts. The plans show that maximizing the size has not taken place. There are two small strips instead of one large contiguous strip. The boundaries have been maximized instead of minimized. The landscape strips are supposed to be easements. A problem with an easement is that there is no assurance that this area is going to remain as an integral type of a boundary preserve. The people can tear down the fence, kids and animals can trample through there, and grass clippings can be dumped in the preserve. It is not protected. Also, scrub is not the only type of native habitat. We also have a lot of native upland habitat. The Comp Plan says to set aside native habitat. It does not say scrub, upland, or wetlands. He requested that the preserve area be at least 2 acres and in a single contiguous area with boundaries minimized. He asked the City Commission to deny this request He felt the plan should meet all the requirements that are specified in the Comprehensive Plan. Vice Mayor Bradley asked Ms. Carpenter to comment on the benefit of a contiguous native habitat versus two individual strips. Ms. Carpenter said the two strips are the highest quality habitat. She stated that one preserve is usually better. With regard to the edge effect, she said 25 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 she works on at least 15 different sites that C&N manages. They continually dean them up. They put in edging. They are going to root prune along the edge of the preserve to try to prevent edge effects. She stated that it is something that the management plan addresses. She said her client was trying to preserve the highest quality when he did the original site plan, and at that time, he was not aware that one contiguous area would be more biologically sound. Mayor Pro Tem Matson asked if Ms. Carpenter agrees that the more edge there is, the more intrusion there will be, including runoff, fertilizer, and toxic materials running off into the preserve. Ms. Carpenter advised that the management plan also addresses that. In the management plan, we have guaranteed that there would be no runoff because the grade changes into the preserve. With regard to the root pruning, she and Kevin Hallahan worked this out to try to minimize the edge effect prior to any clearing. They are going to root prune three feet outside the preserve to minimize impacts to the preserve area. She pointed out that 65 feet is a fairly significant preserve. She has worked in many areas where there is only 30 feet of preserve. Israel Cohen, 922 S.W. 36th Avenue, said his neighborhood is opposed to this incompatible project. He expressed concern about Swinton Avenue being flooded with traffic. Richard Malooley, 821 S.W. 36th Avenue, had no problem with expansion and growth. However, he pointed out that this project has been approved for 40 home sites. The lots should be somewhat comparable and compatible to the area of Lake Eden, and that the homes be of comparable and compatible size. He pointed out that there is not a lot of park area for the children, and this project does not take into consideration where the children are going to play. Mrs. Bernstein, 922 S.W. 33rd Place, expressed concern about the project's smaller and less expensive homes and the increase in traffic on Swinton Avenue. Gerald Skinner, 931 S.W. 34th Avenue, expressed concern about the traffic as far as the children are concerned. He also was concerned about the entranceway. In addition, he felt a light should be put at the intersection of Mission Hill and Seacrest if there is going to be an entrance on Swinton. Bob LaLane. a local dentist, expressed concern about the traffic and the square footage. He stated that if a bunch of small houses are going to be built in that area, he is going to petition for his taxes to go down. Tony Danca. 24 N.W. 25th Street, Delray Beach, said his home, under air, is 4,000 square feet. He expressed concern about pesticides and other agents going into the ground, where the water is 26 MINUTES CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA FEBRUARY 20. 1996 eventually going to end up, maintenance of the area. and the children playing within 2 feet of Swinton Avenue. He pointed out that the public walkway is within 2 feet of Swinton. Jonathan Dwork, 154 Orange Drive, said he asked for protection for his neighborhood and did not get it. He requested protection for the neighborhoods of Lake Eden. Mr. Kirschner said it is incorrect that Newport Properties received any sort of citation or did anything wrong in terms of tree clearing. He stated that City staff said the lot sizes proposed, which are smaller than those of the surrounding single-family neighborhoods, will not likely have a negative effect on the property values of adjacent and nearby preserves. Staff required a 6 foot black vinyl chain link fence around each of the scrub areas and a definitive set of rules in the homeowners' association documents providing that this area cannot be transgressed by the unit owners. He did not see anything that said that the environment and the concerns were not being heeded. When Mr. Pinto and Newport Properties bought the property, they bought knowing the current Code. They knew, under the existing Code, what they could do (9,000 square foot lots, 1.800 square feet homes). The Code says it is in the best interest of the City to promote PUD properties. Staff said this is a good project for the PUD. He pointed out that Newport Properties is a taxpayer also. They spent a lot of money buying a piece of property which, up to now, has been known as a distressed piece of property. We can and will comply with the Code. We will try to work with staff and the community. He asked the Commission to approve this rezoning as requested. Ms. Heyden ran down the list of comments on Exhibit "]" and asked the applicant if he agreed to comply with each. Comments I through'4 Mr. Gentry agreed to comply with these comments. Comment 5 Mr. Gentry requested the sidewalk on one side of the private roadways. Comments 6 through 12 Mr. Gentry agreed to comply with these comments. 27 _._--------._~-_.__...- MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20,1996 Comment 13 Mr. Gentry believes the City Attorney informed the developer that this would have to be a tract and would not be acceptable as an easement. That would be agreeable to the developer. Comments 14 through 18 Mr. Gentry agreed to comply with these comments. Comment 19 Mr. Pinto stated that about 10 days ago, C&N Environmental had given Mr. Hallahan a modified plan of maintenance, tightening up on some of the issues. Mr. Hallahan has not yet responded to that. Mr. Pinto had no problem with this comment. Comments 20 through 22 Mr. Gentry said comment 20 deals with the height of the fence, which is addressed in the new management plan. Ms. Heyden said she met with Mr. Hallahan this afternoon and he is sticking by this comment. Mr. Pinto agreed to this comment., as well as comments 21 and 22. Comment 23 Mr. Gentry stated that this afternoon we tried to clarify that the total count was a count of all of the trees and the developer will be responsible for those trees which do not fall within the buildable areas in the roadway, as required by Code. He felt this needs to be rephrased. City Attorney Cherof said this condition indicates that there were 211 trees on site, but the Code allows the removal of trees located within the buildable area and the roadways. He read this provision to mean that there are 211 trees, but that the final number will be 211, less the number of trees in the buildable area and roadway. Mr. Gentry said the developer would agree to that. Mayor Taylor asked how many trees that would leave. No one knew, but Mr. Gentry said we will work with the City to make sure those trees are protected. 28 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 In response to a question from Ms. Heyden, City Attorney Cherof stated that there is no need for any amendment to the language in comment number 23. just as long as there is an acknowledgement that all the parties agree that it means 211 less some unknown number of trees. Ms. Heyden stated that this is consistent with how we enforce our no net loss policy. Mayor Pro Tern Matson asked if the developer agrees that the three landscape buffer areas, and not the preserves, would"be the recipient areas for the appropriate trees. Mr. Gentry said the only thing we would do in the existing preserve areas is infill those areas where the survey lines went through. The remaining areas would be untouched. The buffers would be the recipient areas. Comment 24 Mr. Gentry agreed with comment number 24. He stated that as previously discussed. the developer is in agreement to comply with the landscape codes for the City, and that will be provided prior to final plan approval. Mayor Pro Tem Matson asked if the applicant would consider using trees larger than 8 feet. Mr. Gentry answered affirmatively. He said the developer wants an attractive product and will work with the landscape department to make sure that is expedited. It was the consensus of the Commission to require the developer to use 10 foot trees 20 feet on center. Mr. Gentry and Mr. Pinto agreed to this. Mr. Gentry stated that this was approximately what was depicted on the plan that was presented. Comments 25 and 26 Mr. Gentry agreed to comply with these comments. Comment 27 Mr. Gentry requested that the maximum building height be increased to 33 feet. Ms. Heyden explained the reasoning behind staffs recommendation for a maximum building height of 30 feet. The adjacent zoning district has a maximum of 25 feet. However, this does not allow for flexible designs with respect to cathedral ceilings. Therefore, staff recommended 30 feet. City Manager Puker said the square footage has an impact on the size and height as well. 29 MINUTES CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA FEBRUARY 20, 1996 Comment 28 Mr. Gentry agreed to comply with this comment. Comment 29 Ms. Heyden requested that this comment be revised to read, "As a result of the traffic, analysis conducted by Delray Beach, the applicant shall file a Comprehensive Plan amendment to Policy 2.2.9." Mr. Gentry agreed to this revision. Comments 30 through 35 Mr. Gentry agreed to comply with these comments. Comment 36 Ms. Heyden request that this comment be revised to read, "provide a two-way entrance onto Seacrest Boulevard." This shall replace the 20 foot access utility easement shown on the plan. It is preferred that the entrance be aligned with Oesta Vista Drive. Ms. Heyden said the comment regarding a street connection onto Seacrest Boulevard has been part of her department's comments from day one. The only revision is that earlier she was specifying the exact location of that street connection. Now she is stating that, as a result of the Delray Beach traffic study, as long as there is a two-way entrance onto Seacrest Boulevard, she has no preference where that street is located. Mr. Kirschner said comment 36 seems to reference the nature of the surface, not the nature of how many lanes there are. He would like to have the opportunity to review and discuss this. He did not want to make a commitment on something he has not previously seen. He was not sure how it would impact the rest of the plan. Comment 37 Mr. Gentry agreed to comply with this comment. Further discussion of the unresolved comments ensued. Ms. Heyden advised that comments 36 and 29 are tied together. 30 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRU AR Y 20, 1996 Vice Mayor Bradley felt minimum size of the berm, minimum lot size, and minimum average under air building size should be added to the conditions. With regard to comment 36, City Manager Parker stated that the applicant would like emergency access and staff would like one-way egress out of the property for on site traffic, as well as the emergency access. We had modified that previously from their proposal for emergency access only. It was not just for the surface. It was also the on site traffic, gated exit from the site. Based on the Delray traffic study, Ms. Heyden amended it to be a two-way entrance and exit. Ms. Heyden referred to the following two handouts that she received today regarding the Police and Fire Departments' support of a two-way entrance onto Seacrest: 1. Police Sgt. Marlon Harris' memo to Ms. Heyden, dated February 16, 1996; and 2. Fire Prevention Memorandum No. 96-215. Comment 5 Mr. Pinto said the Code does not address the sidewalk issue on a private road. City Manager Parker said that was correct. She stated that we have other developments in the City that previously have been approved with sidewalks on one side of the road for local and collector streets that were private. However, staff felt obligated to make this comment since it has never been a policy change. Comment 27 Mayor Pro Tern Matson pointed out that the Code says 25 feet. City Attorney Cherof stated that the Code states 25 feet for surrounding neighborhoods only. As a PUD there would be no height limit specified. Comment 36 Mr. Gentry said this has been to the TRC several times, and he felt they were satisfied as long as we gave them the gate so they would be able to get through anytime for emergency access. The developer has agreed to make the exit out with the increased surface. Ideally, this is to buffer the influence of Seacrest on this development. Mr. Pinto said he called the County traffic people, and there has never been a request for a light at Mission Hill Road. He made that request and they told him they would have their study 31 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20,1996 completed by the end of March. He asked ifhe can address this issue when he has something concrete from the County about a light on Mission Hill Road, which will be at the end of March. Commissioner Jaskiewicz agreed that a traffic light is needed at Mission Hill Road, even without this proposed project. City Manager Parker stated that the traffic study that was recently done by the City of Delray Beach discusses the dispersement of trips between Swinton and Seacrest. It really does not address the traffic light. Therefore, this is not exactly the same issue as that is being discussed. Mayor Taylor inquired about the level of service. City Manager Parker said the level of service that the County is using is level of service "D". The issue is that if there is an exit or entrance onto Seacrest, it would disperse some of the trips off of Swinton and Mission Hill. City Manager Parker advised that the City did not have a traffic engineer evaluate the traffic study or methodology submitted by Mr. Gentry. Vice Mayor Bradley would like the berm to be a minimum of 4 feet, instead of2 feet. Mr. Gentry said we are proposing to set the wall back 5 feet and the normal slope, so that the grass can be cut and maintained. is a 3 to I slope. A 4 foot berm would necessitate setting the wall back an additional 10 feet or so. Vice Mayor Bradley suggested 2,400 square foot minimum, under air, for the building size, with an average of 2,700 square feet. Mr. Gentry proposed that the average be 2,400 square feet, under air. He believes this was discussed with the local homeowners. Mr. Kirschner asked the Commission to consider a minimum of2,200 square feet under air. Vice Mayor Bradley would like to see 2,400 square feet as a minimum, and a higher average. Mr. Kirschner felt a minimum lot size of 2,200 and an average of 2,400 would be viable. Vice Mayor Bradley and Mayor Pro Tern Matson wanted a 2,400 minimum. Mr. Kirschner agreed to that. City Manager Parker advised that the lot sizes, including the preserves, were 9,000. However, since the developer has made them into tracts, the interior lots are less than 9,000. Therefore, it is going to be very difficult for him to get the 9,000 and keep the preserve areas as separate tracts. He has set aside the preserve areas as tracts instead of the easements so all the interior lots on 32 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 both of the preserve areas dropped to between 6,000 and 8,000 square feet. Mayor Pro Tem Matson said this would kind of alleviate the environmental concerns she had because she would like to see the preserve in one tract rather than in two. City Manager Parker stated that this would entail designing the whole development. Mayor Pro Tem Matson did not feel this project is compatible with the surrounding homes. She would like the preserve area to be contiguous, and she would like larger lots. Motion Mayor Pro Tern Matson moved to table this until the March 5th meeting with the condition that all concerned parties meet to try to work out the outstanding issues. Mr. Kirschner objected to tabling this item. He said this is a quasi-judicial forum and he felt we have gone through the correct procedure. He felt it would be very inappropriate. Vice Mayor Bradley seconded the motion for discussion purposes. He felt the momentum slipping away. He is in favor of enough dialogue occurring, but was afraid that more things will open up. He would like to see this matter handled tonight. Mayor Pro Tern Matson withdrew her motion. Mr. Gentry said we are providing 9,000 square feet on the perimeter lots, and that is not affected by anything. He proposed 7,150 square feet on the lots adjacent to the preserve, and the balance of the perimeter lots would exceed the 9,000 square feet. Mayor Taylor declared a recess at 10:01 p.m. The meeting resumed at 10: 15 p.m. Mr. Pinto agreed to the following: Minimum square feet under air . 2,400 Average square foot under air - 2,600 29 lots at 9,000 square feet 27 lots at 7,180 or 7,150 square feet Mayor Taylor asked Mr. Pinto ifhe would consider a 4 foot berm. Mr. Pinto said he could not. Mr. Gentry said we are trying to maintain the width of the tow at the bottom of the slope, and the area you need is at a 3 to I slope for proper maintenance. If the berm is 2 feet, there would be 6 33 ""."_._~----_._----"----- ",.~,:~,,,,~,,,"""'-r r -I . ..'~ _ jall'..'--"',;, .~-.- ., MINCTES PLANNISG AND DEVELOP~IENT BOARD BOYNTON BEACH. FLORIDA ., _. Project Name: Agem: Applicant Location: Description: FEBRUARY 13. 1996 Charter Drive North - Parcels A and B Stuart H. Cunningham. P.E. and P.L.S. Hunter's Run Golf and Racquet Club. Inc. Western terminus of Charter Drive North Request to abandon a portion of Charter Drive North. legally described as Parcels A and B. Mr. Beasley inquired about the need to abandon Parcels A and B. Mr. Rosenstock explained that the City Attorney recommended that the acquisition could be made without interfering with any right-of-way, or with the neighbors that adjoin the propeny. Pan of the corner would also be needed. [t was drawn up by the City Attorney that way because it does not infringe upon anybody I s access. Mr. Beasley asked if Tract 17 is pan of the right-of-way for Summit. Mr. Rosenstock explained that it belongs to Hunter's Run Golf and Racquet Club. No one in the audience wished to address this item. Motion Vice Chairman Golden moved to recommend approval of Charter Drive North. Parcels A and B, the request to abandon a portion of Charter Drive North. legally described as Parcels A and B, subject to staff comments. Mr. Beasley seconded the motion. which carried 7-0. REZONING (City Commission remanded on January 16, 1996 to the Planning and Development Board) ~ . HiUs Q( Lake Eden PUD Burlison A. Gentry Gentry Engineering :md Land Surveying. Inc. Newport Propenies, inc. Northwest comer of S.E. 36th Avenue and Seacrest Blvd. Request for master plan approval to construct 56 single- family detached homes on 15.45 acres of land in connection with a rezoning from R-I-AAB (single-family residential) to Planned Unit Development with a land use intensity of 5 (PUD with LUI =5). B. 1. Project Name: Agent: Owner: Location: Description: 4 MINUTES PLA~NING AND DEVELOP:\IE:\IT BOARD BOY~TO~ BEACH, FLORIDA FEBRUARY 13.1996 Chairman Dube advised that this item was on the City Commission agenda last Tuesday. and was remanded back [0 the Planning and Development Board. Mr. Gentry agreed with Chairman Dube that the applicant has agreed to all of the conditions on Exhibit "1". except conditions 5. 27. 29. and 34. Therefore. only those conditions were discussed. Condition 5 (Sidewalks) Mr. Gentry stated the Code requires a sidewalk on both sides of public roadways within a dedicated right-of way. However, the developer feels that since this is a private street. the sidewalk on Swinton Avenue is not required. Mr. Gentry said the traffic volumes are not significant. The City Engineer insisted that this sidewalk be installed. and the developer will agree to this if it is a condition of approval. Mr. Gentry advised that the minimum is 42 feet. under certain conditions, for right-of-way widths for a dedicated street. He proposed a 40 foot right-of-way, and feels this can satisfy the requirements for drainage, as well as the proposed 24 foot roadway within that right-of- way. Condition 27 (Maximum Building Height) Mr. Gentry said staff recommended 30 feet, and because of the architectural features, the developer is requesting 33 feet to enable him to build the type homes he is proposing. If this is a point of contention, he would agree to the 30 feet. Chairman Dube read Condition 27, which states as follows: "It is recommended that the maximum building height be limited to 30 feet (two stories), to minimize impact to the adjacent residential neighborhoods having a 25 foot height limit rather than the proposed 35 feet. Thirty feet, rather than 25 feet, is recommended to recognize flexibility in unit design for cathedral ceilings." Ms. Heyden stated that in the adjacent zoning district and in the current zoning district of this property. the limit is 25 feet. Mr. Beasley asked if there is any residential zoning that is more than 25 feet. Ms. Heyden said, "No." Mr. Beasley asked why 30 feet is being recommended. Ms. Heyden explained 5 MINUTES PLANNI;\fG A~D DEVELOP~IE;\fT BOARD BOYNTON BEACH. FLORIDA FEBRUARY 13, 1996 that it is difficult to construct cathedral ceilings. Mr. Beasley suggested that if staff is going to recommend 30 feet. then the Code should be changed to 30 feet. Comment 29 (Street Connection to Seacrest Boulevard) Chairman Dube thought the applicant was going to omit this. Mr. Gentry thinks that what was discussed previously was a proposal to make it one way. connecting to Seacrest. 'The developer would agree to do that. We are trying to maintain some kind of reference away from the areas to the east to try to enhance this property and make it a private gated community. We are proposing a gate on Seacrest Boulevard for emergency access. Mr. Wische asked what the applicant's main objection is of having flow of traffic instead of going all the way through the development out to Swinton. Mr. Gentry said a traffic study was done and the traffic volume from this development, with the existing development. is significantly below the level of service required for the roadway. Therefore, this development would not adversely affect Swinton Avenue if it were to access that way. Also. he wanted to maintain a private development with a gated entry, and he felt that the single entry on Swinton was adequate. Mr. Titcomb was concerned with morning departure traffic, especially the traffic that goes north from the project. At about 7:30 a.m., it is virtually impossible to get onto that road. He asked if this project addresses a solution for relieving northbound traffic out of the project. Mr. Gentry believes that problem exists because of the traffic flow at that intersection. He felt signalized control at this intersection would relieve this problem. He did not think it would be a complicated matter to have a signal installed at that intersection, and offered to approach the County to have one installed. Chairman Dube advised that traffic lights are not being installed because of lack of funds. Also, there are 30 or 40 traffic lights on the list to be installed before this one. Mr. Gentry said this is something that could be addressed by the developer. Condition 34 (Preservation Area, Tracts, Easements) Chairman Dube noticed that the applicant has changed the tracts to easements. Mr. Gentry advised that environmentalist Cheryl Carpenter recently completed a project similar to this one. The concept of an easement with deed restrictions is comparable to the tracts, which were initially proposed. 6 MINUTES PLAN~I~G A. 'JD DEVELOP:\tIENT BOARD BOYNTON BEACH. FLORIDA FEBRUARY 13. 1996 Ms. Carpenter is with C&N Environmental Consultants in Jupiter. She recently worked on a project in Palm Beach Gardens. which had a lot of environmentally sensitive areas. In an effort to preserve as much as possible. it was permitted so that the easements were on each lot. The easements were contiguous. There was only a certain amount of each lot that you could build on. There were deed restrictions. It was very successful and preserved a lot more of the environmentally sensitive areas than if we had just one separate area because of the location of the trees. Mr. Wische referred to Stella Rossi's letter. the original of which is attached to the original minutes of this meeting. which are filed in the City Clerk's Office. Mr. Rosenstock asked if Ms. Carpenter is saying that the land around the houses will have easements so that those areas will constitute the same square footage that would make up the area that we were talking about to be preserved. Ms. Carpenter answered affirmatively. Mr. Rosenstock asked how people are going to be prevented from destroying that piece of land. how children are going to be kept from getting in there, and how homeowners are going to be kept from using it. Mr. Gentry advised that the homeowners' association and the City Forestry Department will patrol the area. Mr. Rosenstock was not in favor of allowing the developer. in perpetuity, to protect the interests of the public. Ms. Carpenter advised that the preserves will be fenced. There will be a sign behind each lot designating it as a conservation easement. It will be managed as one tract. It is not any different from any of the other parcels that you set aside. Mr. Wische stated that the Board previously unanimously recommended denial of this project because of the setbacks and the size of the lots. The applicant is now getting around the setbacks and the size of the lots by increasing them by incorporating them into the preservation and buffer areas. That is a false sense of increasing the lot sizes. The increase is on paper only. The applicant is also receiving credit for increasing setbacks for those homes that back onto an easement. In this case, only those homeowners will have to pay taxes on that portion of land, instead of having it spread out among all of the homeowners. Mr. Gentry stated that there were some problems with the setbacks the last time. There was a proposal to take a foot and a half from the front and put it in the rear. We have expanded the setback from the easement line. The central block areas are the only ones that count when it comes to the preserve area. All the other areas are stand alone (9,000 square feet plus). They have been widened and deepened to satisfy staff's condition. 7 MINUTES PLAN~ING AND DEVELOP"tENT BOARD BOY~TON BEACH. FLORIDA FEBRUARY 13. 1996 Mr. Wische said you are getting an increase in size by using an easement instead of the word "tract". He asked who can authorize changing a tract to an easement. Mr. Gentry said this is something the developer is requesting. We would dedicate that as a separate area if it is a condition for approval. Mr. Rosenstock inquired about the average square footage of the homes. Mr. Gentry said we basically have a fixed average of approximately 5.000 square feel, which was accepted by the Planning Department. That would be the maximum allowed. Mr. Rosenstock asked what would you have if you took every house that you plan to put on this plat and averaged out the square footage under air. Mr. Gentry agreed (0 maintain the existing zoning minimum (1.800 square feet). This concerned Mr. Rosenstock. He said some of the homes in that area go up (0 3.000 square feet or more. Mr. Gentry advised that one of the models that the developer proposes is in excess of 3,000 square feet. Mr. Rosenstock said if one or two houses are 3.000 or 4.000 square feet, and the rest are 1.800 square feet, you are not going (0 average anywhere near what is sitting on the adjacent properties. This could deteriorate the property values of the adjacent property. Mr. Gentry said a market study of that property was done. Based on a rough average, they came up with around 2,400 square feet average there. Mr. Rosenstock asked who did the study. Mr. Gentry advised that it was taken from the County records. There were two homes on that property that exceeded 3,000 square feet. Mr. Rosenstock inquired about the size of the rest of the homes. Mr. Gentry said there were some as small as 1,800 to 2,000 square feet. Those homes are not averaging 3,000 square feet. Mr. Rosenstock said the City requires developers to have a minimum local street right-of-way of 50 feet, and the applicant wants us to allow him to do it in 40 feet. Mr. Gentry pointed out that there were other developments that were recently approved with private roadways that were 40 feet. Mr. Rosenstock did not believe in ruling by variance. He suggested the Code be changed if there is a compilation of variances. Mr. Gentry said the PUD regulations provide the flexibility to approve the 40 foot right-of-way. Also, it does not make reference to the public streets, which require a minimum of 50 feet. It seemed to Mr. Rosenstock that the developer is trying to squeeze every piece of house and every single buck he can get out of this property without trying to help the surrounding areas. Mr. Gentry stated that this property has a maximum gross density of 4.84 units per acre. The developer is proposing a plan that has 3.62 units per acre, which is significantly less than theimaximum allowed. 8 MINUTES PLA:\TNING A.'JD DEVELOPME:\TT BOARD BOY:\'TON BEACH. FLORIDA FEBRlJARY 13, 1996 Mr. Rosenstock felt rhe developer should take inco consideration the concerns of [he surrounding areas. Mr. Gencry stated that we have been meeting with the property owners in the area and are trying (0 address their concerns. Mr. Beasley asked if Mr. Gencry said the average house in the surrounding area is 2.200 square feet. Mr. Gencry said, "No." He said there was a mixture. He found six that were less than 2.000 square feet. and he found two that were in excess of 3,000 square feet. Mr. Beasley believes there are a lot more than ten houses over 3,000 square feet there. Mr. Gencry pointed out that this was taken from the Councy records. Mr. Beasley asked if the applicant would agree to tracts instead of easements. Mr. Gencry answered affirmatively. Mr. Beasley poinced out that this would make the rear setbacks 7 1/2 feet. Mr. Gentry believes the increase was to 9. Mr. Beasley felt this was (00 close to the rear setback line. Chairman Dube stated that his homeowners' association has spent $13,000 and seven monchs trying to have a fence put back up on their property. Mr. Gentry advised that the homeowners' association can put the fence back up and send the homeowner a bill. Chairman Dube pointed out that the homeowner can take the fence down again and have a person arrested for trespassing. Mr. Beasley stated that at the last meeting, Vice Chairman Golden pointed out that the intent of a PUD was to do a development in a more interesting way by reducing setbacks, etc., to create a more pleasant project. He has a problem with going from R-I-ABB to a PUD when. the only reason to do that is to get more houses in there and to lessen the setbacks. He thinks this is going around the intent of rezoning it to a PUD. Mr. Gentry said he is just trying to compromise and create a private community, and the PUD is the right approach. It allows certain things for the developer to be able to do and give back to the City and the people he is building for. Aside from reducing the development by several lots, Vice Chairman Golden asked what the applicant has done to address the major issues and concerns that were previously raised by the Board. Mr. Gentry said the property owners felt the lots along Swinton would be too close together. The existing zoning requires 20 feet. The developer agreed to meet the minimum along that area. Therefore, those homes will be a minimum of 20 feet apart. Also, the lot sizes were increased which, based on its nature, would allow more setback because the houses would be pretty much a standard size. Therefore, the larger lots will have an increased 9 ~~--_.__._-- ,~~,_.,-'--"._'---_._-"--' --~--- --_._.._-~------~-----_._- MINUTES PLANNING AND DEVELOP~lENT BOARD BOYNTON BEACH. FLORIDA FEBRUARY 13. 1996 setback by the construction. We have tried to organize those areas by creating uniformity around the perimeter. and we maintained the buffers on both Seacrest and Swinton. The developer is willing to make the berm the height to satisfy the concerns of the property owners. There would be a concrete column with a steel fence and a screening of hedges (solid opaque). The transplanted trees that we have on the site are going to be preserved. We will also have the South Florida type palm trees. The developer is trying to do those improvements to create somewhat of an amenity. It creates a nice picture for anyone driving: along Swinton. It also gives the property owners privacy. The property owners on that side would also have the option of fencing up to the landscape buffer. which would give them more privacy. We have tried to decrease the density and increase the setbacks. Chairman Dube allowed the public to speak on this item. Ingrid Eckler. 2750 Seacrest Boulevard, Delray Beach, owns the property immediately to the south of this proposed development. She would like to see a berm, landscaped with native plantings. on the south side of this development. Ellen Smith of Unruh, Smith and Associates, represented the neighborhoods of Lake Eden. She said the developer achieved the greater lot size on paper by incorporating part of the environmental preserve into the lots. They also incorporated the entire buffer system into the lots. In fact. many of the lots are far smaller than they appear on the site plan. Half of the lots in this project are not 9.000 and lO,OOO square feet as shown on the site plan. The net usable land that a homeowner will have is 6,500 square feet. Value is based on net usable parts of the property. For compatibility purposes, compare the 6,500 net usable size to what is around it. In the neighborhoods of Lake Eden, what is around it is an average lot size of L6.000 square feet, almost three times the size of what half of this project is going to be. This is clearly incompatibLe. The perception that the developer has met the homeowners' demand is only a perception; it is not fact. A second reason why this project is not compatible is density. It is hard to compare a planned development density to an old fashioned neighborhood because in planned developments, you base it on gross and get to add in the roads, guardhouse, and landscape strips. The gross density here is 3.62 units an acre. We have to compare apples to apples, not apples to oranges, not gross to the rest of the neighborhood. which is net. On an apples to apples comparison, the net density of this project is 5.77 units an acre, and next door is 2.5 units an acre. This is a second very strong reason why this project is incompatible. lO MINVTES PLA~~I:\fG .~~D DEVELOP\IE:\fT BOARD BOY~TO~ BEACH, FLORIDA FEBRUARY 13, 1996 The next reason is home size. This may be by far the most significant concern of the homeowners' associations. We did the research in the Property Appraiser's Office as (0 the average home size in the neighborhood. The neighborhoods of Lake Eden average home size is 2.600 square feet. Many of the pockets are much larger. The average home size in Lake Eden Plat [ is 3.l26 square feet. The average home size in the most adjacent is 2.612 square feet. In fact. there are deed restrictions in this area on keeping minimum home size up. We have asked the developer to commit to a minimum home size of 2.600 square feet. Net lot size is the basis of value. Home sales will start at $170,000 and may even go up (0 $350.000. She was not sure they will ever achieve the $350.000 for a smaller product in a less desirable location. According to the Property Appraiser, the average sales price in this neighborhood in 1984 and 1985 was $237.200. Ms. Smith felt the applicant's target sales price is not achievable. Another reason why this project is incompatible is lot frontage. As a professional planner. it is easy for Ms. Smith (0 look at this and get the feeling of smallness. Lot frontage along the neighborhoods of Lake Eden is 100 feet on every lot. What is proposed here is 65 feet to 40 feet. Ms. Smith felt the proposed project will diminish the value of adjacent neighborhoods. She discussed the layout of the preserve. There are two aisles that are part of the lots. The configuration of preserve is dangerous. She read a letter that was addressed to her from Barbara Bobsein, the former head of the Development Review Section for the County Department of Environmental Resources. The letter stated that the proposed preservation areas, as depicted on the site plan, will not allow for long term preservation of the habitat (0 be set aside. Long narrow linear preserves are exposed to a number of intrusions known as edge effect which degrade the quality of the habitat over the time. Placing the homes on both sides will accelerate the edge effect and compound the degradation of native habitat which it proposes to preserve. The preserve area will be invaded by sod growing in the yards and exotic ornamental landscape material as it creeps into the native areas. The preserve will also be affected by yard runoff, which typically includes nutrients from fertilizers, and various pesticides and herbicides. Deed restrictions which contain portions of the preserve may look good on paper, but they are a nightmare to enforce. Based upon Ms. Bobsein's past observation. this type of preservation will not work. In her opinion, if this project is approved as shown on the site plan, there will be no long term preservation of native habitat. Ms. Smith pointed out that the Comp Plan indicates that it is the City's job to encourage land developments that are sensitive to the environment. Objection 4.4 of the Comprehensive Plan 11 MINUTES PLA~~I~G AND DEVELOP;\<IENT BOARD BOYNTON BEACH, FLORIDA FEBRVARY 13. 1996 states as follows: "The City shall. to the maximum extent feasible. protect all remaining areas of native upland habitat. 11 Ms. Smith said this is a formula for poison for the preserve. A better design would be to incorporate it all together. There are 2,000 feet of edge effects on the site plan. For this very reason alone. the Board should continue to recommend denial of this project. The residents of the neighborhoods of Lake Eden do not wish to have access onto Swinton. They are seeking access onto Seacrest. We talked to the developer in December about access onto Seacrest and it was his opinion that for marketing purposes, he needed the access onto Swinton. He wanted to be like the neighborhoods of Lake Eden. We believe he is not compatible. Condition 29 contemplates a Fire Department access onto Seacrest. She suggested making that, at a minimum, another access. Many of the residents want that to be the only access for a number of reasons. They want Seacrest the access to the project. There is no buffer on the north and south sides of this property. Modern development and modern PUDs require buffers all the way around. Condition 24 does not contain a minimum width. The City has only been told that the trees will be 8 foot trees planted 40 feet on center. Modern development codes talk about 10, 12, and 14 foot trees planted 20 feet on center. The buffer is not adequate. There is a great elevation difference between this site and the neighborhoods of Lake Eden. There is almost a 15 foot difference in elevation between what could be built on this site and the residents down below. We have an incompatible product peering down on one of the City's finest neighborhoods. There are no amenities. There are no sidewalks on both sides of the street. There is no recreation or innovative design. That is what PUDs are supposed to do in return for the increased density and other flexibilities. The residents have visited with the developer of the project and his representatives and have listened. They asked why the clearing was extensive and were told that the developer had a permit. However, Ms. Smith pointed out that the developer violated the terms of the permit and cleared more than he was supposed to. The residents were told that the reason the houses were this big and would sell for that much was pursuant to a marketing plan. However. they were subsequently told that there is no marketing plan. 12 MINUTES PLA..~~I:\IG AND DEVELOP~IEST BOARD BOYSTON BEACH. FLORIDA FEBRUARY 13, 1996 Ms. Smith said the Code gives the Board the latitude to deny this on several coums. The biggest is whether the proposed rezoning to Planned Developmem would be comrary to the establishmem land use patterns. and whether it would be compatible with the currem and future land use values. She believes it is not. Gary Lehnenz, 619 S.W. 2nd Avenue, spoke as the Chair of the Loxahatchee Sierra Club which encompasses Palm Beach County, and as a City resident who is extremely concerned about preservation of our diminishing natural resources and native habitat. He said it is a travesty to take two narrow strips that are easements and try to call that a dedicated habitat in perpetuity. He stated that species need contiguous areas that are as square as possible. The more edges you have, the more intrusion you get, and the less healthy it is for the species. He hoped that this Board would. at a minimum. direct the developer to redo the entire plan and provide 25 percent of native habitat in one area that is contiguous and as square as possible. Ray Miller, 1145 N. W. 10th Street, who is a Mitigation Compliance Inspector with one of the State regulatory agencies, spoke as a concerned citizen. He sees these types of setups quite often. Based on the currem design, he felt the developer was trying to maximize profit. not set aside for a remnant set of scrub. He also felt the design would create a headache for Code Enforcement. He stated that consolidated, larger parcels remain viable a lot longer than little piecemeal parts. Also, there is less edge associated with larger parcels. Many of the species that inhabit scrub areas need a minimum size in order to survive. Mr. Miller stated that he always has a hard time with enforcement when easements are pulled out of preserves. People allow their plants to grow into the preserve. They throw lawn clippings, etc., over the top of the fence. Cats run around in the preserve. Land management would also be a problem. He stated that these are fire required type of habitats and asked if burning is going to be allowed in order to maintain them. He felt the right approach would be to consolidate the largest parcel possible and put together a good management plan, in perpetuity, or have the developer pay a mitigation fee and write it off. Erick Luckman, 821 S. W. 34th Avenue, is a homeowner in the Lake Eden area. He said the people in this neighborhood are vehemently opposed to any PUD in this neighborhood. He encouraged the Board to keep the zoning in its current fashion and let the developer build within the Code as it exists. Dan Boyer is a biologist and currently President of the Palm Beach County Chapter of the Florida Native Plant Society. He has worked in a professional capacity in land managemem and regulations of environmentally sensitive lands. He stated that one step towards effective 13 MINUTES PLANNING AND DEVELOPMENT BOARD BOY~TON BEACH. FLORIDA FEBRUARY 13, 1996 management of environmentally sensitive lands is good planning and good designing. He felt the proposed design is bad. [t maximizes the edge effect and the potential for contlict with human activities regarding the preserves. Forms of intrusion that are likely (Q occur and degrade the areas include dumping of grass clippings, watering of these areas (the sprinklers will change the character of the areas. particularly if you are dealing with scrub). fertilizer and pesticide runoff. the ability for cats (Q get into the area. noise and lighting from the homeowners. which will deter wildlife utilization such as bird nesting, and encroachment by exotic landscape plans. He encouraged redesign. To minimize the edge effect, the preserve area should be in one contiguous piece. either round or oval in shape. The proposed design will make it very difficult for the City (Q enforce and manage that area. Stella Rossi's February 10. 1996 letter to Chairman Dube, expressing her comments and concerns regarding this project, is auached (Q these minutes. She referred to a survey done by Palm Beach County in 1989 and the 1988 assessment from George G. Gentile & Associates. Inc.. and stated that the preserves should be 2.22 acres, not 1.03 acres. She also referred (Q a letter from C&N, dated October 1995. which states that the cleared area to the east, which is an acre. was not included in the assessment. That was native. It is now coming up as native. and there were oaks left. That was not taken into consideration. Also, you will not see any of the pines there because they will all be in houses or streets. She asked the Board to recommend to the City Commission that the preserve be a 2.22 acre, one piece ecosystem that encompasses scrub and pine flatwoods and the preserve deeded to the homeowners. She circulated a picture showing what the site looks like. She also had aerials, dating from 1965 to 1989, of the cleared area to the northwest. She asked why it is in the preserve area if it has been cleared and it is now coming back in mainly exotics. She said it should be one parcel and it should be to the outer edge of this project to be more viable and beuer protected. Enrico Rossi is an engineer. He reviewed the conceptual drainage plan. He felt it should show a little more detail with regard to what will happen to the water that is going to be picked up on the streets and carried towards Swinton and the other roads. He said it is not clearly defined how this is going to be controlled. He advised that it is difficult to take a 20 foot strip of land, put a mount on it, put a wall on it, and also make a depression for water. 14 MINUTES PLA~'NING AND DEVELOP"IE~T BOARD BOY~TON BEACH. FLORIDA FEBRUARY 13. 1996 :\Iotion k Wirh regard ro the agenda .of Tuesday. February 13th. Item 7.B.1. known as rhe Hills drLake Eden PUD. Mr. Rosensrock moved that the request for master plan approval ro construct 56 single-family detached homes on 15.45 acres of land in connection with a rezoning from R-I-AAB ro Planned Unit Development with a land use intensity of 5 (PUD WITH LVI=5) be denied by this Board. Vice Chairman Golden seconded the motion. which carried 7-0. At 8: 17 p.m.. Chairman Dube declared a recess. The meeting reconvened at 8:30 p.m. C. USE APPROVAL 1. Project Name: Agent: Owner: Location: Description: High Ridge Commerce Park PID Richard C. Ahrens Condor Investments of Palm Beach County, Inc. Nonheast corner of High Ridge Road and Miner Road Request to amend the list of High Ridge Commerce Park PID permitted uses to allow wholesale distribution and service of turf equipment. Chairman Dube asked if the applicant had a chance to read staff's comment with regard to rhe environmental review. Mr. Ahrens represented the Kilpatrick Company. He advised that he already had his environmental review. and passed. Mr. Lewicki advised that the Board of Zoning Appeals granted the applicant's request for a variance to omit the required 6 foot high buffer wall between lots I, 2, and 3 and the residential property to the north. Motion Vice Chairman Golden moved to recommend approval of the use approval for High Ridge Commerce Park PID to allow wholesale distributions and service of turf equipment, subject ro staff comments. Mr. Titcomb seconded the motion, which carried 7-0. 15 ~ebruary 10, 1~96 kr. J. ..:ltanley Jube, Chairperson Boynton Beach rlanning and ~evelopment Board Dear l\.r. 0ube: I would appreciate your noting my comments and concerns regarding the hills of Lake ~den project which comes before you on tebruary 13, 1996. ~lease be advised that copies were provided to the IVlayor and Ci ty Commission for their review and consideration in January 1996. ~~dcJ~' Stella rlossi 625 Whispering Pines Rd. Boynton Beach, Fl. JJ4J5 HILLS OF LAKE EDEN COMMENTS I QUESTIONS ON FLORIDA NATIVE HABITAT PRESERVE The current master plan, third submittal, shows the preserve as being part of the abutting lots, that is lots that are shown as containing 9,200 square feet and 142.5 feet in depth are in reality 7100 square feet and 110 feet in depth. The applicant treated the preserve as an easement instead of a well defined and dedicated tract. Lots along Swinton A venue and Seacrest Boulevard were similarly treated, i. e., the landscape buffer is shown as being part of the lot. In my opinion, this easement treatment of an important element of the comprehensive land use is not acceptable. Why use deceptive methods to mask the preservation of the native habitat. The only way to insure control in perpetuity is by dedication to the Homeowners Association '. the way it is done by most other jurisdictions. The Master Plans show no attempt to identify the best Horida Native Habitat encompassing scrub and pine flatwoods on the 15 acre parcel. Developers site plan optimizes number of lots with little regard to the existing native habitat. The 65 feet and 55 feet wide preserve easements are not only in the wrong location but contain only one-half of the identified scrub using the C & N Report. The 65' and 55' wide strips are too narrow to be considered viable preserve. The required set aside should have been in one piece to better insure its ability to survive. The applicants plan treats the preserve as landscape buffers. The proposed preserve easement is not located on the top of the ridge as C & N Report indicates. The East preserve is on the slope. The applicant was required according to Kevin Halahan to submit a clarification of the calculations that accompanied the tree location plan. There is no explanation of how the net scrub preserve acreage was determined. Based on aerial photos of the site, it appears that a portion of the West strip preserve easement shown on the Master Plan lies within a previously cleared area identified in the C & N report as the "Cleared Western Portion". This again, indicates a disregard on the part of the applicant for not including those areas that contain the best native plant communities. - -~--~_.------ MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 Miner Road Abandonment - The City Commission approved this, subject to staff comments. The legal issues that were raised by the applicant have been resolved. Those issues dealt primarily with whether or not the County had to approve the abandonment. At this time, Mr. Rosenstock arrived and Mrs. Frazier stepped down from the dais. Ms. Heyden continued with her report. She stated that the condition regarding the flyover and whether or not documentation had to be provided by the Florida Department of Transportation and the Railroad was waived. Cedar Ridge PUO and High Ridge Commerce Park PIO Abandonment of Buffer Easement - The City Commission approved this, subject to staff comments. Boynton Beach Distribution Center Abandonment of Miner Road Access Control Easement - The City Commission approved this, subject to staff comments. B. Filing of Quarterly Report for S-Jte Plan Waivers and Minor Site Plan Modifications This report was provided for the board t s perusal. ~ Hills <()f Lake Eden POO Zoning and Master Plan Approval Mr. Wische stated that the board unanimously denied this request. He said he heard that there were changes made to this project. In his opinion, they were substantial changes. He felt the applicant should come back before this board before going to the City Commission again. He advised that several members of this board feel the same way. Ms. Heyden explained what the changes entail. The biggest change is the reduction of six lots. A new plan was turned in as a result of a meeting with the homeowners. The homeowners wanted larger lots and greater setbacks from the perimeter. The only way that could be done 'fas to reduce the number of lots. Therefore, the number of lots was reduced by six. This reduction in lots has chipped away al a lot of the staff comments and a lot of the concerns that this board had. With the reduction in the number of lots, some of the lot sizes were able to be increased. Some of them are paper lot size increases, and some of them are reallot size increases. No changes were made to the location and size of the preserve. The 3 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JANUARY 9, 1996 code is structured to allow easements as part of the lot size. Therefore, in reality, a lot of the lot sizes have not increased. The biggest change was the reduction in the number of lots and the increase in some of the setbacks around the perimeter, which is in keeping with what this board and the homeowners wanted. Ms. Heyden explained that since the Land Development Regulations were changed, revised plans are not sent back to the Planning and Development Board unless the Commission decides to remand them back to this board. At Mr. Wische's request, she will convey this board's concerns to the City Commission. In response to Mr. Beasley's questions about the preserve area, Ms. Heyden said the entire preservation area has become easements on private lots. Vice Chairman Golden felt that when people own property, they take the attitude that it is their property and they want to do what they want to do with it. In Ms. Heyden's opinion, it does not even qualify for an easement because an easement is an encumbrance on a piece of property. It does not take away all your rights for the use of that property, whereas a preservation easement would. 6. OLD BUSINESS None. 7. NEW BUSINESS A. Site Plans New Site Plan (1) Project Name: Agent: Isles of Hunters Run Kieran J. Kilday Kilday and Associates, Inc. Home Development Corporation West side of Congress Avenue, approximately 500 feet north of Summit Drive Request for site plan approval for common area landscaping, decorative wall, project signage and a guardhouse in connection with development of 56 Applicant: Location: Description: 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 2, 1996 Mayor Taylor made this announcement, and City Manager Parker advised that this event is "By Invitation" . 2. City Hall will be closed January 15, 1996 in observance of Martin Luther King Jr., Day Mayor Taylor announced that numerous events will take place in celebration of Martin Luther King, Jr., Day. The Martin Luther King Banquet will be held on January 14, 1996, at Catalina Centre from 7:00 p.m. until 10:00 p.m. There will also be a Sunrise March on Monday, January 15, 1996. For additional information or tickets, contact 375-6250 or 732-6132. B. Presentations 1. Acknowledge $2,000 donation from Castoff Square Dance Club Mayor Taylor acknowledged receipt of a $2,000 donation from the Castoff Dance Club. He also read a thank you letter which was sent to Marie & Leslie Jones of the Castoff Dance Club. 2. Proclamation - Catholic Schools Week - January 28 to February 3, 1996 Mayor Taylor read a Proclamation declaring the week of January 28 through February 3, 1996, as "Catholic Schools Week". V. BIDS: None VI. PUBLIC HEARING: A. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: M Hills~ Lake Eden PUD ....... POSTPONED TO JANUARY 2, 1996 Burlison A. Gentry - Gentry Engineering & Land Surveying, Inc. Newport Properties, Inc. Northwest corner of S.E. 36th Avenue and Seacrest Boulevard REZONING - Request for zoning and master plan approval to construct 62 single-family detached homes on 15.45 acres of land in connection with a rezoning from R- 1-AAB (single-family residential) to Planned Unit Development with a land use intensity of 5 (PUD with LUI = 5). 7 . .~~~. ....~..-.... ~ ,'., MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ,ANUARY 2, 1996 Mayor Taylor announced that the public hearing for the Hills ~ Lake Eden has been postponed until the January 16, 1996 meeting at the request of the applicant. VII. PUBLIC AUDIENCE: There was no one present who wished to speak during Public Audience. VIII. DEVELOPMENT PLANS: None IX. NEW BUSINESS: A. Items for discussion requested by Mayor Jerry Taylor 1. Proposed Resolution No. R96-06 RE: Authorizing Police Chief Thomas Dettman to participate in the Palm Beach County Multi-Agency Gang Task Force Mayor Taylor advised that approximately one week ago, Wanda Thayer, of the City of Boca Raton, contacted him with regard to this item. She has worked very hard to bring the Cities of Boca Raton, Delray Beach and Boynton Beach together in a combined effort to attack this problem. This proposal has been reviewed by our Police Department and they would like to participate in the program. This is a proactive approach and by sharing information, we can goa long way in attacking this problem. In response to Mayor Taylor's question, City Manager Parker advised that passage of the Resolution will allow the City to sign the law Enforcement Action Plan. Police Chief Dettman will then designate one of the Police Officers to be the MAGTF Coordinator. Motion Vice Mayor Bradley moved approval of Proposed Resolution No. R96-06. Commissioner Jaskiewicz seconded the motion. Mayor Taylor read Proposed Resolution No. R96-06 by title only. Vice Mayor Bradley reminded the Commissioners that soon after he took office, he traveled to Dade County to attend the Multi-Agency Gang Task Force. It was an incredible experience which was participated by 150 law enforcement agents. At that time, they encouraged us to 8 . ~~', ";li!I'!'" "'l'.~' :""'~'~'.", . ~.V _v: . ~'~"~":"-' ~~,~...' -.,., ,..- ."". MINUTES REGULAR CITY COMMI~oJ.JN MEETING BOYNTON BEACH, FLORIDA DECEMBER 19, 1995 Mayor Taylor read a Proclamation declaring February 3 through February 14, as "Shrine Hospital Days". ( .~. PROJECT: HiIIs~ Lake Eden PUD POSTPONED TO JANUARY 2, 1996 AGENT: Burlison A. Gentry - gentry Engineering & Land Surveying, Inc. Newport Properties, Inc. Northwest corner of S.E. 36th Avenue and Seacrest Boulevard REZONING - Request for zoning and master plan approval to construct 62 single-family detached homes on 15.45 acres of land in connection with a rezoning from R-1-AAB (single-family residential) to Planned Unit Development with a land use intensity of 5 (PUD with LUI- 5). V. BIOS: None VI. PUBLIC HEARING: A. OWNER: LOCATION: DESCRIPTION: B. PROJECT NAME: Miner ROiId TABLED TO DECEMBER 19, 7995 AGENT: Richard Harris for Condor Investments of Palm Beach County OWNER: City of Boynton Beach LOCATION: Road between High Ridge Road and 1-95 DESCRIPTION: ABANDONMENT - Request for abandonment of a 54 foot wide portion of the Miner Road right-of-way east of High Ridge Road Motion Mayor Pro Tem Matson moved to delete Item VI-8~ Commissioner Jaskiewicz seconded the motion which c~r~ied unanimously. c. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Miner Road Richard Harris of Scott, Royce, Harris, Bryan, Barra & Jorgensen, P.A. City of Boynton Beach and Palm Beach County Miner Road between High Ridge Road and 1-95 ABANDONMENT - Request for abandonment of three parcels that comprise the Miner Road right-of-way east of High Ridge Road. 9 ~. ~ r , <, U, '" ... 6X '" ' ~ ~, , "-,-, - - ~ ... . . ~~, '.. MINUTES PLANNING It DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 12, 1995 e old survey for the entire PUD. (Mr. Haag agreed this is . acceptable. ) 4. Condition #24 deals with the 25 foot recreation setback rather than the 3 t foot setback. 5. Condition #31 is acceptable as long as it does not delay this process. Mr. Kilday added one additional comment which he had not addressed earlier. He advised that he has already discussed the following comment with staff. . 6. Comment #32 refers to nine (9) gallon shrubs. Discussions have been held with staff to advise them that the shrubs are available in seven (7) and ten (10) gallons. Staff agreed to change the requirement so that the hedge must be 36 n high at the time of planting. Mr. Haag agreed with this comment. Chairman Dube polled the vote. The motion carried unanimously. Mr. Kilday commended the Planning & Zoning Department for the new procedure of outlining staff comments. It provides a clearer understanding and he appreciates this recent Q modification. Chairman Dube agreed. CHAIRMAN DUBE ANNOUNCED THAT THE AGENDA WOULD REVERT BACK TO ITEM #5 - COMMUNICATIONS It ANNOUNCEMENTS. 5. COMMUNICATIONS It ANNOUNCEMENTS A. Report from the Planning It Zoning Department 1. Final Disposition of Last Month's Agenda Items Ms. Heyden reported that there were only three items the City Commission addressed which had also been addressed by the Planning & Development Board. They are: ~J( Hills of Lake Eden - The applicant requested postponement of this application until January. Poinciana Elementary School was approved. The Ordinances have also been approved. 6 e MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21,1995 . Mayor Taylor added that the City is willing to work with Mr. Rumph and do whatever it can reasonably and responsibly to help solve this problem. Vice Mayor Bradley requested that City Manager Parker direct Mr. Sugerman to visit Mr. Rumph so that any misunderstanding can be rectified. City Manager Parker apologized for Mr. Sugerman's behavior and said she will have a discussion with him. No one else wishing to speak, Mayor Taylor declared the public audience portion of the agenda closed and returned to the public hearings. VI. PUBLIC HEARING A. Project Name: Agent: Owner: Location: Description: ~er 1t()~c1............................................T~~~D Richard Harris for Condor Investments of Palm Beach County City of Boynton Beach Miner Road between High Ridge Road and 1-95 Request for abandonment of a 54 foot wide portion of the Miner Road right-of-way east of High Ridge Road . Tambri Heyden, Planning and Zoning Director, recommended postponing this item until December 19. This will give the applicant until next week to turn in the missing information, and allow the City the necessary time to advertise for the public hearing. This item was tabled until December 19. (j-\ Hills i$t Lake Eclen PUD Burlison A. Gentry - Gentry Engineering & Land Surveying, Inc. Newport Properties, Inc. Northwest corner of S.E. 36th Avenue and Seacrest Blvd. Request for zoning and master plan approval to construct 62 single-family detached homes on 15.45 acres of land in connection with a rezoning from R-I-AAB (single-family residential) to Planned Unit Development with a land use intensity of 5 (PUD with ~UI=5) B. Project Name: Agent: Owner: Location: Description: 10 e . . e MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 21, 1995 City Attorney Cherof explained the rules of these quasi-judicial proceedings, and swore in all the witnesses. Martin Perry advised that he is a recent arrival on the scene of this application. He bas spent the last hour reviewing the staff report and meeting with his new client, and others, including representatives of the neighborhood objectors. He requested a 30 day postponement in order to afford the applicant and the neighborhood residents an opportunity to meet and see whether or not there is some common ground to resolve their differences. Hugo Unruh of Unruh, Smith and Associates, representing a group of thf,: Lake Eden neighborhood, agreed to a 30 day postponement to sit down with the applicant. Motion Mayor Pro Tern Matson moved to postpone this item for 30 days, until the fIrst scheduled City Commission meeting after that 30 day period. Vice Mayor Bradley seconded the motion. which carried 5-0. City Attorney Cherof pointed out that there will not be a full Commission on December 19. Mr. Perry agreed to have this application heard on January 2. 1996 at 7:q<) p.m. Amended Motion Mayor Pro Tem Matson amended her motion to reflect that this application will be heard on January 2, 1996. Vice Mayor Bradley agreed to the amended motion. which carried 5-0. C.. Project Name: Agent: Owner: Location: Poinciana Elementary School Jon C. Hansen The School Board of Palm Beach County Multiple parcels west of Seacrest Boulevard, between N.W. 11th Avenue and N.W. 13th Avenue Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential to Public and Private Governmental/Institutional and rezone from R-I-A (single-family residential) and R-2 (single and two-family dwelling) to Public Usage Description: 11 . (/.7 ):? /' L J -' !" MINUTES PLANNING. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 14, 1995 6. QLD BUSINESS None 7. NEW BUSlNES~ A. PUBLIC HEARING Rez.onirtl Owner: Location: Description: 1f Hills tit lake Eden PUD Burlison A. Gentry Gentry Engineering & land Surveying, Inc. Newport Properties, Inc. Northwest comer of S. E. 36th Avenue & Seacrest Blvd. Request for zoning and master plan approval to construction 62 single-family detached homes on 15.45 acres of land In connection with a rezoning from R-l-AAB (Single-family Residential) to Planned Unit Development with a land use Intensity of 5 (PUD with LUI = 5) , \ \ ---' 1. Project: Agent: Mike Rumpf made the presentation. This property Is located on the west side of the Intersection of Seacrest Boulevard and Gulfstream Boulevard. The proposed construction provides for a gross density of 4.0 units per acre. The future land use classification will remain as Low Density Residential, and continue to limit the area to a maximum gross density of 4.84 units per acre. Adjacent land uses Include St. Joseph's Church/School. to the north; Seacrest Boulevard to the east, with single-family homes farther east and vacant property In Delray to the southeast; lakevlew Baptist Church to the southwest In Delray Beach; North Swinton Avenue to the west; and single-family homes farther west. The minimum lot area proposed Is 6,727.50 SQuare feet. The minimum lot front includes 47 lots at 63.75 feet, and 15 irregular-shaped lots at 30 feet. The minimum building setbacks are 22.5 feet for the front, 7.5 feet for the sides, 12.5 feet for the side comers, and 7.5 feet for the rear. The maximum structure height Is 35 feet. The maximum net density Is 5.77 units per acre (net density). The internal road network consists of a 40 foot wide private right-of-way with 24 feet of asphalt pavement. Each dwelling unit has direct access to the internal road with no direct access to Seacrest Boulevard or North Swinton Avenue. The project has a single Ingress/egress onto North Swinton Avenue. The project entrance is gated. In lieu of ingress/egress onto Seacrest Boulevard, a 20 foot wide emergency access into the project is provided. The 2 MINUTES~F THE PLANNING & DEVELOPr'l!NT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER J 4, J 995, AT 7:00 P.M. PRESENT J. Stanley Dube, Chairman Jim Golden, Vice Chairman Dave Beasley Robert Elsner (Arrived Late) Maurice Rosenstock Jaime Titcomb Lee Wische William Burton, Alternate Pat Frazier, Alternate Tambri Heyden, Planning & Zoning Director Mike Rumpf, Senior Planner 100 ~ :;~ '-; [\il c.S \.':J I.'J ~ '- _ NOV !.. C 19q~ --' PLANNING AND ZONING DEPT. J. amGE OF ALLEGIANCE Chairman Dube called the meeting to order at 7:03 p.m., and led the Pledge of Allegiance to the Flag. 2. INTRODUCTION OEMA YOR, COMMISSIONERS AND BOARD MEMBERS Chairman Dube acknowledged the presence in the audience of Commissioner Sid Rosen, and introduced the board members. He announced that alternate member, William Burton, would sit as a voting member in the absence of Robert Elsner. 3. AGENDA APPROVAL Mr. Rosenstock moved to approve the agenda as presented. Mr. Wische seconded the modon which carried unanimously. 4. APPROV At OF MINUTES Mr. Golden moved to approve the minutes. Mr. Titcomb seconded the motion which carried unanimously. 5. COMMUNICATIONS 8[ ANNOUNCEMENTS A. Report from the Planning & Zoning Department 1. Final Disposition of Last Month's Agenda Items This report was deferred until the arrival of the Planning & Zoning Director. 1 MINUTES PLANNING 8[ DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 14, 1995 roadway meanders along the sides of the natural terrain which includes two prominent ridges that run In the north and south directions near the center of the project. The grade elevations of North Swinton A venue at the north and south ends of the site are 22.06 feet and 27.45 feet respectively. The elevation of the site Increases from the adjacent right-of-way elevations to an elevation of 32 feet along the north-central portion of the site and 27 feet along the south-central portion of the site. As indicated on Table #2 of the Conservation Support Document, the subject property is a . "C" rated ecosystem. Pursuant to Policies 1.11.14 and 4.4.1, a minimum of 25 percent of the property occupied by the environmentally-sensitive ecosystem must be preserved. The preserve for this project is proposed as two similarly-sized "micro-preserves" which total 1.28 acres. This total represents 32 percent of the total scrub habitat which is indicated as being 4.2 acres in the applicant's environmental assessment. Dr. Elsner arrived for the meeting at 7: 12 p.m., and took his place at the dais as a voting member. Mr. Burton remained at the dais as a non-voting member of the board. The location of the two areas proposed to be preserved by the applicant, which are consistent with the recommendation within the environmental assessment, are along the higher elevations of the site, atop the site's two natural ridges. The City's Environmentalist/Forester concurs with the location and size of the proposed preservation tracts. The Comprehensive Plan Traffic arculatlon Element and SupPOrt Document recommends the extension of S.W. 36th Avenue from Seacrest Boulevard to North Swinton Avenue, and specifically recommends coordination between Boynton Beach and The City of Delray Beach. However,the proposed master plan proposes the development of this area over which this road would be extended. The aty of Delray Beach was notified of this issue; however, staff had not received comments prior to completing this report. This recommendation Is Included within their Comprehensive Plan which they will be reconsidering next week at a presentation to the local planning agencies. With respect to evaluating the proposed project's compatibility with, or impact upon values of adjacent properties, staff has considered the consistency of the request with the maximum density of the Low Density Residential land use classification, the consistency with the Comprehensive Plan Objective 1.1 5 and Policy 1.16.2, and current factors which predominantly determine land values within the adjacent neighborhoods and Impacts of the proposed project. As the project proposes a density less than the maximum density allowed within the Low Density Residential land use classification (4.84), the project would beconsistent with the Future Land Use Map which is the predominant residential classification within the area surrounding the subject property, and specifically consistent with the 3 W' ,... MINUTES PLANNING at DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA . . NOVEMBER 14, 1995 Comprehensive Plan Objective 1.15 and Policy 1.16.2. These Comprehensive Plan recommendations generally allow for Planned Unit Developments up to the maximum density of the corresponding future land use classification and, in particular, when combined with a site with unique characteristics. Although the proposed master plan contains smaller lots and shorter setbacks than typical within this waterfront subdivision, the size and intended price of the planned unit (in excess of $150,000), the quality of the project produced by unique features related to buffering, varying topography, and security, will all produce a project with character which will likely be Incapable of negatively affecting the remaining adjacent residential properties. Furthennore, specifically consistent with Objective 1. ISis the design of the project. Having the effect of both minimizing the project's impact upon adjacent properties and effects of adjacent properties upon this planned community, Is the inward orientation of the units, and the placement of a landscaping buffer on those sides of the property that abut adjacent roadways and residential neighborhoods. A 25 foot buffer Is proposed on the west side, and a 35 foot buffer is proposed on the east side. The trafflc study maintained that all roadway levels of service would be maintained despite added trafflc from the proposed project. However, all of the 620 projected daily trips would be limited to Swinton Avenue rather than being lessened through the provision of access onto Seacrest Boulevard. Two possibilities are recommended to address this in lieu of complying with Comprehensive Plan 2.2.9 regarding extending Gulfstream Boulevard. One possibility would be to add an entrance on Seacrest Boulevard that aligns with S.W. 35th Avenue, or one that aligns with S.W. 36th Avenue which is signalized. The subject property is within Neighborhood Park Planning Area #17 which had original standards of 1.2 acres per 1,000 persons and a one-mile walking distance. These requirements are indicated in Table #2 of the Recreation & Open Space Support Document. To improve this acreage deficiency within Area # 1 7, the City had assumed development of the Girl Scout Park by the 1995 planning period. As this neighborhood park has not been constructed, the level of service standard adopted for the 1 995 planning period is not achieved. As a consequence of this deficiency, If new development within this area is to be approved, the CIty must take immediate actions to either increase the surplus of neighborhood park resources, or lower the adopted level of service. Of the alternatives provided to address this deficiency, the Recreation & Parks Director has recommended the lowering of the adopted levels of service standards to reflect postponement of construction of Girl Scout Park. It should be noted that if private recreation facilities were to be provided within this subdivision, the future residents would be directly supplied with recreation resources, and this project could be certified for concurrency for neighborhood parks. The applicant has satisfied a unique requirement on the development of this property by preserving slightly over the minimum percentage of native habitat existing on site. 4 MINUTES PLANNING It DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 14, 1995 By allowing this design, the City is, in effect, providing an Incentive for the preservation of native scrub habitat, which action furthers Comprehensive Plan Policy 4.3.3 while the project is also consistent with Objective 1.15. Based on this analysis and discussions, staff recommends approval of the Hills at Lake Eden PUD rezoning request, subject to staff comments. Mr. Rumpf enumerated the more significant comments: 1 . Show in dimension on the master plan a minimum lot frontage of 47.8 1 feet at the proposed 22.5 foot front setback line for half of the lots (irregular- shaped lots). 2. Reduce the front building setback from 22.5 feet to 21 feet to increase the rear building setback from 5 feet to 9 feet. 3. Increase the rear screen enclosure and pool setback from 3.5 feet to 5 feet. 4. Reduce maximum building height to 30 feet from the proposed 35 feet. S. A street connection shall be made to Seacrest Boulevard at either SE 35th Avenue or S.E. 36th Avenue. If extension of S.W. 36th Avenue Is not approved, the Commission should direct Staff to amend the Comprehensive Plan. 6. Show sidewalks on both sides of the streets Internal to the project. 7. The Oty shall recommend appropriate action regarding correcting the park deflclency In Area # 1 7. These are not aU of the staff's comments; however, they are the more significant ones. Mr. Rosenstock Inquired about the Planning Department's feelings on cutting back on the ratio of park sites within the CIty as compared to what Is currently listed In the Comprehensive Plan. Mr. Rumpf explained Staff's difficulty In assuming that the City will take on the responsibility given the amount of capital required. The Planning Department would want to see the Neighborhood Parks Analysis followed, but staff recognizes the problems involved. Vice Chairman Golden questioned how the preserve areas will be protected from residents extending their backyards Into those areas. Mr. Rumpf explained that a condition exists that maintains the setbacks. In addition, staff has always intended to have a requirement In the 5 ,., ,., MINUTES PLANNING 8[ DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 14, 1995 form of a Tree Preservation Plan or Site Preservation Plan which would outilne preservation measures. The Tree Preservation Plan was rececently received which sets forth measures to maintain individual properties. This would have to be accomplished through constant monitoring. Vice Chairman Golden asked whether or not any barrier-type fencing would be erected. Mr. Rumpf responded negatively. Mr. Rosenstock referred to the third line of Page to of Planning & Zoning Department Memorandum No. 95-648, and read the following: "Also, although the lot sizes proposed are smaller than both that are required by the current zoning district and existing within adjacent residential areas, the lots are larger than lot sizes approved within several projects approved within the newly-developing areas of the City." Mr. Rosenstock expressed surprise that the City Attorney allowed this statement to be printed since it says that by precedent, as opposed to published Code, the Code has been changed. Mr. Rumpf disagreed and advised that the PUD regulations do not contain thresholds. This PUD proposal was compared to the existing zoning district which is R-t-AAB. Vice Chairman Golden questioned whether negotiations have taken place with St. Joseph's to offer temporary use of the school's recreation. Mr. Rumpf responded negatively. Mr. Titcomb asked about the possibility of tying this project into the signalized intersection at Gulfstream Boulevard. .Mr. Rumpf explained that there are a number of entities involved in this Issue. Staff is not recommending that Gulfstream Boulevard be extended. There is no justification in the Comprehensive Plan for the extension. As an alternative, staff' has indicated that more of a priority might be better circulation of this project with the networks. Ms. Heyden advised that the Tree Management Plan requires fencing the preserve areas. If fencing is l10t part of the proposal, it will have to be added; therefore, that now becomes an additional Planning & Zoning comment. Burl Gentry, of Gentry Enalneerfna, said the developer Is in agreement with a majority of the comments, and there are a number of items the developer would like to work through during the permitting process prior to plat. The developer's intention is to make this development secure; therefore, there will be one access and a emergency access on Seacrest Boulevard. The developer is amenable to the recommendations relative to the preserve area. He would like to provide a walkway around the perimeter, and the fence could be incorporated. This walkway could be utilized as an exercise trail and a viewing area. The only other comment the developer is questioning is the location of the corner lots. There Is an accessway Into a lot for a drive. At the TRe meetings, a dimension was added to each 6 MINUTES PLANNING. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 14, 1995 lot. One of the comments contained In the report states that a note on the master plan to see the sketch could satisfy that comment. They would be situated to allow an adequate driveway and turnaround for the longer driveways. Mr. Rosenstock asked Mr. Gentry about the amount of footage available in the average backyards of each of the homes. Mr. Gentry explained that there are 7.5 feet between the boundary line and the house. Chairman Dube said that according to what he read, there will be 7.5 feet without a pool, and 3.5 feet if there is a pool. Chairman Dube expressed concern about a number of problems he sees with this project. He questioned why the decision was made to gate this community. Mr. Gentry said it is the ideology of the PUD development, and there is a requirement for the dedication of the preserve areas. Chairman Dube pointed out that gating this community Is not for the purpose of security because there is no fence around the project. Anyone can walk into the community. Mr. Gentry said the gates are to protect the Integrity of the area. Chairman Dube explained that a 2,000 square foot, or a 2,500 square foot home will cost over $ 1 50,000. With a gatehouse and maintenance of the buffer and common grounds, the monthly assessment for each home will be $158. This will be one of the highest monthly assessments in the City of Boynton Beach. This fee amounts to $1,800 per year over and above the homowner's mortgage. From a sales standpoint, Chairman Dube can envision the homes in this project not selling. Chairman Dube acknowledged the present In the audience of Mayor Taylor. Frank Pinto, of Newport Properties, addressed the 2,500/3,000 square foot house. With a 50 foot frontage available for building, a 60 foot depth would be required for the house. That would leave a reasonably-slzed backyard. He said the buildable area depicted on the plan ols not necessarily the size of the house. In an inflll proJect, there are a number of different zoning complexes. He tried to address this problem on this site. There are smaller lots with lower priced houses to the east. To the west, there Is Swinton Avenue with higher priced houses and larger lots. The proposed community will be a buffer between these two zoning complexes. There Is a church to the north, and one to the south. There are no lots that back up to each other. This was done to ensure the liveability and comfort of the area. A management plan of the preserve areas was submitted to the Forester. Mr. Pinto understands the concern about the lack of fencing, but he wanted to keep this preserve area open so that people can enjoy it. Chairman Dube advised that the fence Is not a negotiable item; it Is a requirement. 7 MINUTES PLANNING at DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA ~ ...., NOVEMBER 14, 1995 Chainnan Dulle referred to a Building Department comment relative to lighting the streets in the development. In response to Chainnan Dube's question, Mr. Pinto advised that the streets will be lighted. Chainnan Dube explained that the maintenance of the street lights is an additional cost for the homeowners. Chainnan Dube questioned whether or not a budget had been worked up to detennine what it would cost a homeowner to live in this community. He reiterated that this is a 62-home community with absolutely no amenities. The expense to live in this community very probably could reduce the saleable of the homes. He sees this as an attempt to build an upperclass . community. However, the children will have to go to St. Joseph's to play because of the lack of amenities, and the homeowner will be paying $1,800 per year just to maintain the buffers, the street lights and the guard. Mr. Pinto advised that there will not be a guard in this community. The gate will be electronically controlled, but the costs associated with this are not yet available from FPL. Chainnan Dulle feels the only reason for a gated community in this instance is to go to a PUD. Mr. Pinto said that was not the case. He said a number of people Interested in the development approached him when he purchased the parcel. They were interested in buying lots, and their preferences were discussed. One of the things they addressed was the fact that they did not want an access to Seacrest Boulevard. Another issue was whether or not they would pay more money for a house in a gated community. The reason for this is not to go to a PUD. The developer went in this direction to accomplish a better design for the people who purchase homes in this project. They could go with nonnal zoning, and have streets running from Seacrest to Swinton, but he does not feel such a project is marketable. Mr. Beasley noted the recommended building height of 30 feet, and questioned whether or not the residential building height is only 25 feet. Mr. Rumpf explained that staff recognizes the necessity in the design to be greater than 25 feet. Mr. Beasley felt that because of building characteristics, the residential building height should be increased to allow 30 feet for all projects. Mr. Beasley expressed concern about the 7.5 foot rear setback. In almost every other zoning district, the rear setback is 25 feet. Mr. Gentry advised that adJoining properties to the north and south have rear setbacks of 1 0 feet. The applicant has requested relief because the homes are not backing up to other residences. Mr. Beasley inquired as to the reasoning involved in taking this project from residential zoning to a PUD other than to circumvent the setbacks. Mr. Rumpf said they have interpreted the Comprehensive Plan as recommending the maximum allowed by the Future Land Use Plan, and establishing incentives to encourage set asides. In addition, the recreation dedication can 8 MINUTES PLANNING. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 14, 1995 be lowered to encourage as much set aside as possible for preservation. Although staff realizes that the setbacks are low, the only impact will be felt on the southern border. The developer is not compelled to Include buffer areas. Mr. Beasley said the preservation areas are in the backyards. The pools will be 3 feet from the fence, and the house will be 7.5 feet from the fence. He has a problem with this. In Mr. Rosenstock's opinion, it is horrendous to allow a development like this to take place in the City. CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING. Ingrid Eckler, 2750 Seacrest Boulevard, Delray Beach, owner of the vacant property to the south of this project, is very concerned about the density proposed. The property owners in the area have always been aware of the possibility of the extension of Gulfstream Boulevard. She hopes that never happens. The traffic on Seacrest is already an abomination, and this would add to present problems. George Cyphers, 701 SW 36th Avenue, is very concerned about how this project will affect the property values of the residents on the west side of Swinton Avenue. He was furious because his property is 125' x 165'. If this parcel is developed properly, it can be beautiful. However, the density they are requesting will ruin the property values for everyone in the area. He urged denial of this project. Isabel Hili owns property next to the Ecklers. She feels this project would be devastating to the community and urged denial of the project. Mary Law, 3481 South Seacrest Boulevard, feels that If this project Is approved, they must preserve the property at the north or the south. Having all of the traffic access on Swinton will create a problem when going through Mission Hili and Seacrest. She would like to see the addition of a traffic light. She further pointed out that In order to extend Gulfstream Boulevard, somethll1l would have to be worked out with the Ecklers relative to the right-of- way. Lake Eden Is a subdivision of lots with widths of 100 feet, and depth of 120 feet. They are zoned R-I-MB. All of the neighbors were of the opinion that mini-estate type homes would be developed In this area. When this property Is developed, thought should be given to the animals residing In the Seacrest Scrub. Those animals go across Seacrest Boulevard to Lake Eden for their water. She urged the board to consider the total concept. Stella Rossi, 625 Whispering Pines Road, feels the environmental concerns should be part of the record. With regard to the two preservation areas, the Gentry survey says the preserve area totals 2.22 acres. In reading the back-up material, It says the preserve will be 1.28 acres. She felt 2.2 acres was acceptable, but 1.28 acres In two small areas Is unacceptable and 9 ..., ,., MINUTES PLANNING It DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 14, 1995 objectionable. She explained that this area is not all scrub. It contains serub, pine and Florida native habitat. With regard to Inflll, It Is very difficult to transfer scrub. The percentage of survivability is very small. She questioned whether these preserve areas will be monitored, and wondered how long they will be monitored. If this project Is approved, she recommends that there be no exotic trees or plants used for landscaping. She expressed her dissatisfaction with the preserve areas because they are inadequate for the site. Dan Boyer, of Lake Boynton Estates, has looked at different subdivisions around the City when In the market for a home. He was not happy with the subdMsions that were laid out in a grid-like pattern similar to this proposal. He liked communities that had curvy roads and pods with clusters of vegetation that were set aside to keep the site somewhat similar to its undeveloped state. He expressed concern about the way the preserves are designed. The preserves would be better If they were rounded and connected, or consolidated Into one area. Jeff Hill, son of the property owner to the south, served on the Planning and Zoning Board In Delray Beach for flve years. When they had an oppotunlty to work with a PUD, staff and the board had a great deal of leeway as to what they accepted In terms of development In a PUD. He does not see much creativity in this development, and It Is much too dense a use of the property. Mitchell Kirschner.. attorney for the developer, feels the developer should have anticipated the issues that were raised. He realizes that the major Issue is the density; however, the density is less under the PUD than it is presently. He also realizes that once people have been exposed to wooded property, any development would make them unhappy. With regard to tree clearing, Mr. Kirschner had a conversation with Attorney Cherof today. He learned from Attorney Cherof that there was a finding that the clearing was outside the permit, but nothing that was cleared was in excess. of what would have been cleared. With regard to expenses associated with this homeowners' association, Mr. Kirschner said If the developer intends to develop a project that is not marketable, he would be an Idiot because he would not be able to get his flnanclng. After working with Mr. Pinto for a long time, he knows Mr. PInto will not do that. It Is his burden and his risk. At a recent variance hearing, Mr. Kirschner heard a city attorney advise the board that with the advent of the Harris Act, the board must give deference to the economic Impact on the developer. Staff now realizes that there is a new series of law to consider when attempting to deny a project based on aesthetics. He reminded the members that Mr. Pinto bought this property and has a flnanclal stake In It. Vice Chairman Golden is disturbed about the recent trend to not require the extension of public roads so that undeveloped parcels can connect other public roads. In this case, there 10 MINUTES PLANNING at DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 14, 1995 is a specific policy In the Comprehensive Plan for this to happen. He feels this trend is shortsighted, and as the City approaches buildout, we will be sorry we did not require these road extensions. The benefits of these extensions are several--they expand the road network, relieve congestion in certain segments of the road network, improve levels of service, improve provision of emergency services, and they provide alternatives for the traveling public. Although there is nothing specific in the Comprehensive Plan about Justification, there are other situations in the City where these recommendations are made and there are no justlflcations. There are additional reasons for extending the roads. The second consideration is the location and configuration of the preserve areas. They are surrounded by the homes which have minimal backyards. There will be families with children occupying them, and people tend to expand their backyards into these areas. Over time, these preserves will become very degraded. A third Issue deals with the comments made by staff relative to the corner lots. In a normal subdivision, there is a curve In these areas. On this project, the recessed home in the comer is very unattractive. The platting was done in this manner in the Boynton Lakes PUD. It Is a very unattractive, negative look. Staffs comment to comply with the 75 percent requirement may create a situation where they will not be able to get the number of lots they anticipated. Redesign work Is needed in these areas to make this work properly. Mr. Beasley reiterated his concern about the setbacks and lot coverage~ Motion . ~ . Vice Chairman Golden moved to recommend denial of the Hills p(Lake Eden PUD, request for zoning and master plan approval to construct 62 single-family detached homes on 15.45. acres of land in connection with a rezoning from R-l-AAB (Single-Family Residential) to Planned Unit Development with land use intensity of 5 (PUD with LUI=5). Mr. Rosenstock seconded the motion which carried unanimously. 2. Project: Agent: Owner: Location: Description: Poinciana Elementary School Jon C. Hansen The School Board of Palm Beach County Multlpie parcels: west of Seacrest Boulevard between N.W. 11 th Avenue and N.W. 13th Avenue Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential to Public and Private Governmental/Institutional and rezone from R-l- A (Single-Family Residential) and R-2 (single and two- family dwelling) to Public Usage. 11 ,." "'" MINUTES PLANNING It DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA . ' NOVEMBER 14, 1995 Since the board was familiar with this case and the information in the back-up agenda information, Mr. Rumpf gave a very brief presentation. During the past 12 months, The School Board of Palm Beach County has acquired the subject parcels, removed existing structures on those newly-acquired parcels, submitted abandonment applications for the adjacent rights-of-way of NW 12th Avenue and Washington Avenue, and begun construction of a new Poinciana Elementary School. With respect to the current school use, the existing school facilities will continue to be utilized during construction of the new building. This school redevelopment project will enable consolidation and better utilization of the campus, and the replacement of multiple antiquated facilities with a single and larger modern . elementary school. CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING. Mr. Rosenstock left the dais. Jon Hansen, with The School Board of Palm Beach County, was present to address any questions from the board. Mr. Beasley questioned how The School Board of Palm Beach County was able to begin construction prior to rezoning for the abandonments. Ms. Heyden advised that The School Board does not need City building permits. Mr. Hansen said there are State Statutes relative to the construction of schools. However, The School Board is working very closely with staff to make this a true partnership. Motion Vice Chairman Gold~n moved to recommend approval of the request for Poinciana Elementary School to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential to Public and Private Governmental/Institutional and rezone from R-l-A (Single-Family Residential) and R-2 (Single and Two-family Dwelling) to Public Usage. Dr. Elsner seconded the motion. Chairman Dube recommended that Mr. Burton vote in Mr. Rosenstock's place. The motion carried unanimously. 12 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 with a maximum gross density of 4.84 units per acre. After meeting or speaking with the property owners around the subject property, the master plan for this development has been revised. The new master plan has a gross density of 3.62 units per acre. Lots that will have a minimum lot area of 9,000 square feet have also been provided on the revised master plan. This agrees with the existing zoning for the minimum lot area. The applicant has agreed with the request of residents west of the subject property to maintain a 10 foot side setback requirement for the existing zoning for residences along Swinton Avenue, and to have a minimum of 20 foot separation between the proposed residences along Swinton A venue. A private, gated community is being proposed with a berm and fence around aU sides of the subject property. The gates on both Swinton Avenue and Seacrest Boulevard win have telephone control gates for access to emergency vehicles and City forces for the necessary services. The fence along Swinton A venue will consist of concrete columns and steel fence on a minimum 2 foot earth berm. This fence will have a setback of 5 feet to allow for trees along Swinton A venue, as indicated on the artist drawing. Mr. Gentry submitted this artist drawing as Exhibit" A ". A 20 foot landscape buffer is also proposed along Swinton A venue and Seacrest Boulevard to provide solid screening between the proposed development and the adjacent roadways. The developer has agreed to construct a new 4 foot concrete sidewalk along Swinton A venue, as required by the City Engineer. A sidewalk currently exists along Seacrest Boulevard. The gated entrance on Swinton Avenue will have two lanes at both the entrance and the exit, with guardhouse and turnaround for guests who do not get a response for entry. The entrance will also have a fountain with landscaping inside the entrance as indicated on the artist drawing. Mr. Gentry submitted this drawing as Exhibit "B". The entrance on Seacrest Boulevard is for emergency vehicles and consists of a single lane roadway stabilized to a minimum 75 pound bearing capacity to provide safe access for emergency vehicles, with a gate which can be opened by telephone. This entry can also be used by residents to exist in an emergency such as hurricane evacuation. The north and south property lines shall have a solid fence on an earth berm to provide screening between the subject property and to retain the storm drainage on the site as required by the South Florida Water Management District for on site drainage control. The interior private roadways are proposed to have 24 foot asphalt pavement, as recommended by the Fire Department, to provide safe access to fire trucks. The right-of-way for the private roadways is proposed to be 40 feet wide with a pedestrian walkway on one side of said right-of-way for pedestrian traffic. The storm drainage shall be controlled by a positive storm drainage system within the private road right-of-way with overflow controlled through the existing positive storm drainage system to Lake Ida through the existing discharge pipes. The storm drainage system shall be designed based on the South Florida Water Management District Regulations and the regulations of the City of Boynton 13 -~-~._--_.__.._-~_._-------------_. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20, 1996 feet on either side of wall. We are proposing'to set the wall back 5 feet. The slope would be a little steeper, but we could accommodate that. A 4 foot berm would necessitate us putting the wall back at least 12 to 14 feet. Mayor Taylor asked if the applicant was willing to provide a 3 foot berm. Mr. Kirschner answered affirmatively. Vice Mayor Bradley asked about an exit on Seacrest. Mr. Gentry still proposed that it be one way out for controL This will be a controlled, gated exit. Mayor Pro Tern Matson would like to see a minimum lot size of 9,000, the consolidation of the preserve, a 25 foot buffer and except for Swinton, 35 feet. Vice Mayor Bradley inquired about one side of the sidewalk. Mayor Taylor had no objection to this. since we have allowed this in other developments. Since we are asking for the bigger houses under air, Mayor Taylor was willing to allow the maximum building height to be 33 feet. Vice Mayor Bradley and Commissioner Jaskiewicz agreed. Mayor Taylor summarized what the applicant has offered: 2,400 square foot minimum under air 2,600 square foot average under air a 3 foot berm along Swinton 33 feet in height a controlled, gated exit onto Seacrest 29 lots at 9,000 square feet 27 interior lots at 7,150 to 7,180 square feet Motion Commissioner Jaskiewicz moved to accept the project with the additions of the restrictions that we gave with regard to lot size as we just stated, the height of the buildings, and the exiting on Seacrest, and a 3 foot berm, as well as all the other staff comments. Vice Mayor Bradley seconded the motion, which carried 3-1. Mayor Pro Tern Matson cast the dissenting vote. 34 I/i / (s ~ f- ~- E ,--C- ..<- , ~ I{DJ IH) U It! II /nil l1/J NOV - 6 1995 W NOTICE OF PUBLIC HEARING u PLn..t--\:-:-,,;:~~~,,".1 L_ ZO!,hi., C' : NOTICE IS HEREBY GIVEN that the Planning and Development Board'o'r--'- the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M., or as soon thereafter as the agenda permits, on Tuesday, November 14, 1995, at City Hall Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, to consider an application for REZONING covering the parcel of land described below. Also, a PUBLIC HEARING will be held by the City Commission of the City of Boynton Beach on the request below on November 21, 1995 at 7:00 P.M. at the Commission Chambers, or as soon thereafter as the agenda permits. APPLICANT: Frank Pinto AGENT: Burl Gentry/Gentry Engineering & Land Surveying, Inc. LEGAL DESCRIPTION: The S.W. 1/4 of the S.W. 1/4 of the N.W. 1/4 of Section 4, Range 43 East, Township 46 South; together with the south 687.84 feet of the E. 1/4 of the S.E. 1/4 of the N.E. 1/4 of section 5, Range 43 East, Township 46 South; together with a property more particularly described as follows: Beginning at the Southeast corner of said N.E. 1/4 of S.E. 1/4 of N.E. 1/4, Section 5; thence run South 88 deg. 48 min. 02 sec. West along the South line of said N.E. 1/4 of S.E. 1/4 of N.E. 1/4, Section 5, 336.91 feet to a point on the Easterly right-of-way line of Swinton Avenue; thence run N.OO deg. 01 min. 00 sec. East along said right-of- way 69.18 feet to a point; thence run South 89 deg. 59 min. 00 sec. East, 188.55 feet to a point of curve; thence run Southerly along the arc of a curve to the right 87.96 feet, said curve having a central angle of 90 deg. 00 min. 00 sec. and a radius of 56.00 feet; thence run South 89 deg. 59 min. 00 sec. East 92.31 feet to a point on the East Line of said N.E. 1/4, S.E. 1/4, N.E. 1/4 of Section 5; thence run South 00 deg. 04 min. 28 sec. West, 6.03 feet to the POINT OF BEGINNING. Boynton Beach, Palm Beach County, Florida PROJECT NAME: The Hills of Lake Eden PUD PROPOSED USE: 57 Single family detached homes LOCATION: 15.45 acres located at the west side of the intersection of Seacrest Boulevard and Gulfstream Boulevard. REQUEST: Rezoning from R-1-AAB (Single Family Residential) to PUD (Planned Unit Development) with an Lur of 5. 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 the Ci ty Commission with respect to any matter considered at this 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. Please call (407) 375-6260 if there are any questions on this information. SUZANNE M. KRUSE, CMC/AAE CITY CLERK CITY OF BOYNTON BEACH PUBLISH: BOYNTON BEACH NEWS NOVEMBER 2 & 14, 1995 c: C/mgr, C/attny, C/Comm, Planning, Files NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN by THE CITY OF BOYNTON BEACH that public hearings on the REZONING application described in this advertisement will be held before the planning and Development Board on Tuesday, November 14, 1995 and before the city Commission on Tuesday, November 21, 1995 both at 7:00 P.M. or as soon thereafter as the agenda permits, at the City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. APPLICANT: Frank Pinto A.GENT: Burl Gentry/Gentry Engineering & Land Surveying, Inc. LEGAL DESCRIPTION: The S.W. 1/4 of the S.W. 1/4 of the N.W. 1/4 of Section 4, Range 43 East, Township 46 South; together with the south 687.84 feet of the E. 1/4 of the S.E. 1/4 of the N.E. 1/4 of Section 5, Range 43 East, Township 46 South; together with a property more particularly described as follows: Beginning at the southeast corner of said N.E. 1/4 of S.E. 1/4 of N.E. 1/4, Section 5; thence run S.88deg 48min02sec.W along the South line of said N.E. 1/4 of S.E. 1/4 of N.E. 1/4, section 5, 336.91 feet to a point on the Easterly right-of-way line of Swinton Avenue; thence run N.00deg01rninOOsec.E. along said right-of-way 69.18 feet to a point; thence run S.89deg59minOOsec.E., 188.55 feet to a point of curve; thence run Southerly along the arc of a curve to the right 87.96 feet, said curve having a central angle of 90degOOmin OOsec. and a radius of 56.00 feet; thence run S.89deg59minOOsec.E. 92.31 feet to a point on the East Line of said N.E. 1/4, S.E. 1/4, N.E. 1/4 of section 5; thence run s.00deg04min28sec.W., 6.03 feet to the POINT OF BEGINNING. Boynton Beach, Palm Beach County, Florida f' PROJECT NAME: The Hills of Lake Eden PUD PROPOSED USE: 57 Single family detached homes LOCA.TION: 15.45 acres located at the west side of the intersection of Seacrest Boulevard and Gu1fstream Boulevard. REQUEST: Rezoning from R-1-AAB (Single Family Residential) to PUD (Planned Unit Development) with an LUI of 5. All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the planning and Development Board or the City Commission with respect to any matter considered at this meeting 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 include. the testimony and evidence upon which the appeal is to be based. Please call (407) 375-6260 if there are any questions on this information. SUZANNE H. KRUSE, CITY CLERK CITY OF BOYNTON BEACH ~IS:X:L~~EHSU~.A~ REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the city Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Planninq and Zoninq Department PREPARED BY: Michael Rumpf DATE PREPARED: Oct. 11, 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Rezoninq of the property west of the intersection of seacrest Boulevard and Gulfstream Boulevard from R-l-AAB to pun, and to be known as The Hills of Lake Eden PUD. For hearinq dates see attached advertisement. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, section Placement, Black Border, etc.) as required by Florida Statutes SEND COPIES OF AD TO: Newspaper, Planninq Department, property owners within 400' feet. NEWSPAPER(S) TO PUBLISH: The News DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: ~ ( 1) """,,,L~/L,'t~ 0t./ lt~ (Department ead) / /t;/;t/7!3 I (mate) ( 2 ) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: l!I:leQll!lllnot.378 REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the city Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Plannina and Zonina Department PREPARED BY: Dan DeCarlo DATE PREPARED: July 20, 1995 BRIEF DESCRIPTION OF NOTICE OR AD: Re-zonina of the Hill of Lake Eden located the 3500 Block of S. Winton Avenue SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leaal Ad for special plannina development board meetina on AUGust 8, 1995 at 5:00 p.m. and the reGular City Commission meetina of AUGust 15, 1995 at 7:00 p.m. SEND COPIES OF AD TO: Newspaper, adioininG property owners, applicant and PlanninG and Zonina Director. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: ( 1 ) (Department Head) (Date) ( 2 ) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: a:legalnot.h11 PLANNING AND ZONING DEPARTMENT MEMORANDUM #95-369 TO: Sue Kruse city clerk FROM: Tambri J. Heyden Planning and Zoning Director DATE: July 20, 1995 RE: tJf.. Re-zoning of the Hills ~ Lake Eden, the 3500 block of S. Swinton Ave. Accompanying this memorandum you will find two (2) copies of the application and related documents for the above-reference abandonment application. The $500.00 application fee for staff processing and review has been forwarded to the Finance Department. A legal advertisement for same has been prepared for the -------- -, 1995 Planning and Development Board Public Hearing and the , 1995 city Commission Public Hearing and will be forwarded to your office after review by the city Attorney and City Manager. In order for our department to meet the deadline for preparing Planning and Development Board agenda materials for this request, comments from staff and the various concerned parties must be received, comments from staff and the various concerned parties must be received by our office by 1995. Please inform staff of this time frame when distributing copies of this request for comment. If easier, comments can be forwarded to you with a xerox copy transmitted to our office. Thank you. ()oft/!> · a:leg ~". /r8!Jflr' f/J# 4r1J.LIl'!J · i. roo"': frP~.c) '1'"l1li1