LEGAL APPROVAL
1--
MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
Motion
AUGUST 8, 1995
SPEAK AT THE PUBLIC HEARING.
Mr. Wische moved with r erence to the request for abandonment
west of N.E. 3rd Street betw Lots 32 and 33 of the Arden Park Sub . ision to approve tL."
request subject to the Com cas ettlement. Vice Chairman Golden se
which carried unanimously.
// Description:
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This item was disposed of earlier in the meeting.
B. APPEALS
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C. SUBDIVISION
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McDonald's/Am Restaurant and
Station/Conve "ence Store
Robert E. B ehart & Anna Cottrell
Baseha Cottrell, Inc.
RFK terprises of Boynton Beach, Inc.
theast corner of Congress Avenue and
oolbright Road
Request for a community design plan appeal to
anow lighting strips to be placed along the
proposed mansard roof.
MAS_TERPLA~MODIELCAT.lON
1.
Project:
Agent:
Owner:
Location:
Description:
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Lawrence Lakes PUD
Enrico Rossi, P.E.
GRB Development & Construction
Southeast corner of Lawrence Road and the Lake Worth
Drainage District L-21 Canal
Request for approval to modify the previously-approved
PUD master plan to increase the number of units from 32
to 34 by adding two single-family lots for construction of
detached single-family units.
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MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
Mike Haag, Zoning and Site Development Administrator, made the presentation. He advised
that this request will increase the total number of lots from 32 to 34. He displayed the master
plan which showed the two proposed lots.
Mr. Haag advised that master plan modifications are heard by the City Commission for a
determination on whether or not the request is a substantial or nonsubstantial cha.nge only.
Then the request is forwarded to the Planning and Development Board for final determination.
Mr. Wische asked for clarification on the board's action tonight. Mr. Haag advise9 that the
board would be voting on the specific request.
The Lawrence Lake rezoning and master plan were approved by the City Commission on
December 6, 1988. The master plan depicted a 33 lot development; however, during the
platting process, the total number of lots and units was reduced to 32. On November 21,
1989, the City Commission approved the final plat for Lawrence Lake to subdivide the
property into 32 lots and various other common area tracts.
The land use designation of the property is low Density Residential which allows a maximum
of 4.84 dwelling units per acre. The gross density of the 32 unit PUD is 2.4 dwelling units per
acre. Adding the two units will change the density to 2.55 units per acre.
The City Commission passed a modification to adjust the front setbacks and established
setbacks for screen enclosures in August, 1992. Staff evaluated this request for consistency
with PUD development standards. It has been determined that the two new lots will meet the
existing frontage area, and comply with the building setbacks and maximum lot coverage.
No negative comments were received from Utilities or Engineering; therefore, the existing
infrastructure is adequate to serve the additional lots and the additional drainage runoff will
be handled by the existing large retention pond. The traffic statement is being processed
through Palm Beach County. Additional recreational fees will be due for the two additional
.
lots.
On Tuesday, July 11, 1995, the TRC met to review this request. They recommended that the
City Commission make a finding of no substantial change, and that the Planning and
Development Board approve the request subject to staff comments which are listed in Exhibit
"0". The basis for the recommendation was that the impact (water, sewer, traffic and
recreation) are minimal and are even less when compared to the original master plan that had
been proposed for 33 lots. On August 3, 1995, the City Commission made a determination
of no substantial change.
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MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
Mr. Haag explained thanhe applicant has decided to create a tract including landscaping to
mitigate complaints from property owners who do not want to look into homes across from
them. The applicant has also proposed a tot lot. Staff is in favor of these proposals and will
accommodate these proposals when they come in for replatting.
Vice Chairman Goldpn questioned Item #2 of Engineering Division Memorandum No. 95-237
dated July 13, 1995. Mr. Haag explained that this issue was raised at the TRC meeting. The
plans conflicted at that time and Mr. Hukill wanted the plans to be corrected.
Enrico_Ross4.-Civ:iLEngineer4 is the engineer of record for this project since its inception. He
provided a brief history of the project. The infrastructure is present to support the addition of
these two units. He had proposed to show a Tract "X" which is a heavily-landscaped buffer
across the street from Lots 1 and 2. The green area would vary in width from 10' to 35'. The
developer has received permits to put in an automated gate entry system.
With regard to Item #2, Mr. Rossi said the existing pathway is an 8' pathway. The concern
was that if it is a bike path, the driveways cannot intersect it. If it is reduced to a walkway, it
would be acceptable. It was believed this was a 5' sidewalk, but when it was measured, it
was determined to be 8'. If 8' wide is a bicycle path, then it should either be made a bicycle
path, or 3' of the width needs to be removed to make it a walkway. This path is 120' long and
it does not go anywhere. A gate will be installed so that there is no entry from outside the
community.
ALTHOUGH THIS WAS NOT A PUBLIC HEARING, CHAIRMAN DUBE ALLOWED PUBLIC
INPUT.
Romeo Chico, 1 Lawrence lake Drive, spoke of homeowners' association covenants and
restrictions. He feels the developer is removing his right to easements of enjoyment. In
addition, he claims that the master plan of 1989 depicts Tract "B" as a recreation area. He felt
this was the enjoyment area referred to in the covenants and restrictions. The addition of
these two lots will restrict his enjoyment areas in this community. Mr. Chico further stated
that the developer is selling lots to people using literature which states there will be a
recreation area in the community. He referred to case law similar to his complaint wherein
the property owner prevailed.
Chairman Dube sympathized with Mr. Chico, but explained that he has a legal issue between
himself and the developer. The issue the board is dealing with is a matter of a change to the
master plan. The developer's request is permitted. The legal issue is not part of the issue that
can be addressed by the board.
18
MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
Mr. Wische also expressed sympathy for the homeowners, but pointed out that every project
has legal battles, and those battles must be settled in court.
Claudia Chico, 1 Lawrence lake Drive, expressed concern about the fencing surrounding the
tot lot and its location close to the street. She feels it is not safe for children and she requested
that the hoard help to ensure that the developer addresses the safety issue.
Chairman Dube suggested that the homeowners' association address these concerns. Mr.
Wische recommended arranging a meeting with the developer to discuss these con~erns and
work them out.
David Stein, 167_Avocado Avenue,__West Palm_Beach, representing the developer, was
present in the audience.
Mr. Haag advised that staff will have to review the tot lot and will make recommendations
about the lot being fenced. With regard to the bike path, Mr. Haag suggested maintaining the
staff comment, and letting the applicant work it out with the City Engineer.
Motion
Vice Chairman Golden moved to approve the master plan modification to modify the
previously-approved PUD master plan for Lawrence Lake to increase the number of units to
34 by adding two single-family lots for construction of detached single-family units, subject
to staff comments and subject to the plans submitted by the developer which calls for
additional landscaping along the east side of Lot #33 and construction of a tot lot, and that
those improvements be reviewed and approved by staff to meet all technical requirements.
Mr. Wische seconded the motion which carried 7-0.
D. SITE P
1. Project:
Agent:
Owner:
Location:
Description:
Dan DeCarlo, Assistant Planner, provided a brief description of the application. He explained
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MINUTES
PLANNING & DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 8, 1995
that the Utilities Department provided additional comment hich the board should be aware
of relative to the location of the water meters because t were not shown well on the plan.
That concern has been worked out.
1100 South Federal Highway, a ised that he is aware of all staff comments
ide by all of them.
George Davi
and agrees to
In response to Mr. Wische's question re rding the Utilities Department concern, Mr. Davis
advised that he was ware of the con rn and it has been resolved. Mr. DeCarlo reported that
Mr. Davis has alrea modified t plans.
Motion
Vice Chairman Gol n m ed to recommend approval of the site plan for LoDolce
Warehouse to co ruct two rehouse buildings totalling 12,000 square feet on a .97 acre
lot, subject to aff comments I eluding the additional comments we received from the
Utilities Dep-artment this evenin Mr. Wische seconded the motion which carried
unanim~y.
~COMMENTS BY MEMBERS
None
10. ADJOURNMENT
There being no further business to come before the bO~ the meeting properly adjourned at
9:25 p.m. 1c1IU~
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U~~t M. Prainito
Recording Secretary
(Three Tapes)
s:\CaWP'lMINUTES\P&OBO\08089S.WPO
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MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 3, 1995
Motion
Commissioner Jaskiewicz moved to approve the 100' tower for Motorola. Commissioner
Rosen seconded the motion.
Mayor Taylor referred to the back-up material and noted that staff did not make a
recommendation on this issue. City Manager Parker advised that no recommendation was
made by staff at her request since she thought it was staff's responsibility to present an analysis
based on the criteria, and then the Commission could make a determination.
Mayor Pro Tem Matson requested that when this comes back on the agenda for site plan
approval, she would like to see safety recommendations, specifically with regard to
hurricanes. Ms. Heyden advised that this request would fall under an administrative site plan
process.
One of the Motorola representatives advised that the monopole will be engineered to
withstand the full hurricane forces which are currently required in the Standard Building Code.
The engineer of record will have signed and sealed drawings submitted to the City, and it will
be in full compliance.
The motion carried unanimously.
E. Lawrence Lakes PUD ~er plan modification to add two lots
Enrico Rossi, Engineer of Record since 1989, represented the applicant. He was present to
address questions regarding additional impacts which might be involved.
Attorney Cherof administered the oath to all who would be testifying.
Mr. Rossi explained that this project was zoned for 33 lots in 1989. It was subsequently
reduced to 32 lots to provide for the type of lots required by the developer. The developer
who started the infrastructure went bankrupt and the property was taken over by the RTC.
Lawrence Lake Development Corporation then purchased the property and is the current
developer.
The applicant is requesting two additional 60' x 100' lots along the entrance road which
would change the density from 2.4 units per acre to 2.SS units per acre. The infrastructure is
in place and the applicant has approvals for water, sewer, electric, and drainage. The traffic
is based on 20 trips per day. Verbal information from the County indicates that there will be
an immeasurable impact on the traffic. A heavy landscape buffer is planned on the roadside
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MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 3, 1995
next to lot 33. Mr. Rossi distributed plans to the Commissioners which depicted the
landscape buffer. He pointed out that this project has the lowest density in the area and the
two additional lots will not be detrimental to the property. In addition, the developer has
secured a permit to install an automated gate for this community.
Ms. Heyden advised that the density is within the land use designation which allows 4.84
dwelling w'!!t5 per acre. The existing infrastructure is adequate for the additional two lots as
well as the additional drainage run-off. It is assumed that the traffic statement will pose no
problems with the County, but we are awaiting a response from them.
With regard to recreation, because the project is so small, we have a policy in our
Comprehensive Plan which does not require private recreation to be provided for projects of
less than 100 units. When this project came through originally, staff recommended, and the
City Commission agreed, that they pay the full impact fees rather than dedicate land.
Therefore, the addition of these two units will slightly increase the recreational impact fee.
In 1992, a master plan modification was filed to substitute an open area for the small
recreation. That open area will not be reduced with the addition of these two units. The TRC
recommends that the City Commission make a finding of no substantial change subject to staff
comments.
In response to Ms. Heyden's question as to whether or not the developers were committing
to the additional landscaping shown on the plans submitted this evening to the
Commissioners, Mr. Rossi responded affirmatively.
An attorney representing two property owners, the Chicos and the Wards, spoke on their
behalf. He explained that their lots are across from these two additional lots. In reviewing
the original plans, 32 lots were shown around the lake. These two new lots will not be
lakefront properties. The actual plat calls for a recreation area. The developers are now taking
away 50 percent of the recreation area. The developers should have replatted before he sold
the lots. The people who bought in this community believed they would have recreation area.
The attorney advised that when the two property owners solicited his assistance, he checked
to see if there was any case law on this subject. He found a case where the facts are almost
identical. The City granted the replat and the builder cut the recreation area in half to build
additional homes. When the case went through the 4th District Court of Appeals, the people
prevailed. He requested that the City disapprove this now to help them avoid a lawsuit. Of
the seven homes occupied, six have filed a petition against the master plan modification.
Adam Besson, representing the builder, said that under the declaration in Section 10.13,
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RESOLUTION NO. R95-~ "t)u>-<- C { ,
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A RESOLUTION OF THE CITY COMMISSION uop'- ~!'"" ,\JL c~'l/';"~ '
THE CITY OF BOYNTON BEACH, FLORIDA,
REQUESTING THAT LAWRENCE ROAD BETWEEN
GATEWAY BOULEVARD AND HYPOLUXO ROAD BE
ADDED TO THE PALM BEACH COUNTY FIVE YEAR
ROAD IMPROVEMENT PROGRAM.
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WHEREAS, Lawrence Road is a designated public road
belonging to Palm Beach County; and
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WHEREAS, over 1,680 units have been approved
for development by both the City of Boynton Beach and Palm
. I Beach County; and
WHEREAS, these developments when constructed, will
I considerably exceed the threshold level of trips for Level of
Service "D" on Lawrence Road; and
WHEREAS, these developments will pay to Palm Beach County
traffic impact fees in excess of 2.5 million dollars; and
WHEREAS, if this road is not constructed concurrent with
development, the City of Boynton Beach residents will suffer
i for the estimated 2 to 4 year design and construction time
table with a severely overcrowded, unsafe roadway.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida, requests inclusion of Lawrence Road on the
County's Five Year Road Program to begin the planning and
design process for the road widening.
Section 2. That the County agrees that the impact
fees currently being collected from the developments impacting
Lawrence Road be utilized to partially fund the road
improvements required by these developments.
PASSED AND ADOPTED this a?/ day of March, 1995.
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CI~Y OF BOYNTON BEACH, FLORIDA
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Authslg.doc
Support. Lawrence ROAd
3/17/95
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06-09-94 12:14~ P002 ~27
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