AGENDA DOCUMENTS
r.
j",'jfJ
'1 !:}
~'\.
f"~
V
Applicant:
Portions of Section 31, Township 45 South,
Range 43 East (105.83 Acres)
Rezone from Agriculture to Planned Unit
.~. . Development (PUD)
Northwest Corner of Golf Road & Congress
Avenue
22 Single Family Homes, 101 Villas, 20
Xownhouses and 307 Garden Apartments;
Total Uni ts: 450
FaQ~r & Kirsner, Attorneys at Law for
Frederick Zeiger, Trustee
v
Parcel:
Request:
Location:
Use:
Mr. Harmening moved to take this from the table, seconded by Mr.
Caldwell. Motion carried 5-0.
Mr. Kohl informed the Council that this is a new rezoning request
per the Council's request for the developer to go back to the
planning department. A new information sheet has been submitted
showing the changes and sketch of the area and also including the
LUI, net and gross densities. The old density was for 509
garden apartments, 51 townhouses, and 80 villas; it has now been
changed to 22 single family homes, 101 villas, 20 townhouses and
307 garden apartments. Mayor Jackson clarified that it was a
reduction of 190 units. Mr. DeMarco asked if the maximum would
b~ two stories and Mr. Kohl informed him that it would be three
stories. Mr. Roberts added that he understood when this was
presented to the Council for annexation, a beautiful drawing was
shown with no sign of anything being three or four stories. He
realizes it was not a site plan, but it would be more in keeping
wi th that area.
-11-
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
~OVEMBER 22, 1978
Mr. Harry Kirsner, representing the applicant, referred to the
original plan having 640 units and four stories and stated they
have compromised to three stories and cut the density from 20
to 15 units for the garden apartments. When annexed, the County
gave 6 units per acre and the City gave 7.1 and they have now cut
down to 4.25 units per acre and because of the size of the lake,
. they needed that configuration. He explained that the donation
to the City would be 4.14 acres, 3/4 acres more than required.
He then explained the modifications made to the plan. He added
that Woolbright Road would be dedicated to the City and explained
that they would not have frontage on it. He explained that they
were still making the traffic improvements required although not
required with the changes to the plan according to their traffic
engineer.
Mr. Caldwell questioned the net density and Mr. Kohl rep~ied'
that it is 7.5 now and the gross is 4.25.
4.
Mayor Jackson ascertained that nobody wished to speak in favor
or opposition to this request.
Mr. DeMarco asked if the one story buildings t;X>uld be compatible
to the surrounding areas and Mr. Kirsner replied that they would
be even nicer. Mr. '''DeMarco asked if the two story units t;X>uld
be around the lake and Mr. Kirsner clarified that the garden
apartments will be around the lake and they have buffered
Cranbrook Estates with single family homes and villas. Mr.
Roberts referred to the setback along Congress Avenue and Mr.
Kirsner explained that tle buildings will be along the lake with
the parking area on Congress Avenue buffered with landscaping.
Mayor Jackson questioned the units per acre allowed if this were
to be developed as a PUD in single family homes and Mr. Annunziato
replied they probably would be able to b~ild 3 to 3~ units per
acre on the dry land; approximately 180 units if all single family.
A gentleman in the audience asked if this was the first develop-
ment permitting three story units west of Congress Avenue and
Mr. Annunziato replied that the Meadows and C & H will probably
build four stories as they are allowed by ordinance in the PUD.
Mr. Roberts stated that this development like some of the others
has reduced to a reasonable density and the rights-of-way and
other lands have been given. He believes an agreement was made
wi th the School Board. He does not see any reason to hold it up.
Mr. Roberts moved to accept this rezoning request for 105 acres
for Faber & Kirsner for Frederick Zeiger, Trustee, seconded by
Mr. DeMarco. Under discussion, Mr. Caldwell stated he is con-
cerned about Go1fview Harbour having new two story townhouses
-12-
MINUTES - REGULAR CITY COUNCIL MEETING
BOYNTON BEACH, FLORIDA
NOVEMBER 22, 1978
with a landscaped buffer and believes this should have the proper
landscaping and parking areas and Mr. Kirsner informed him that
it will be heavily landscaped. Mr. Roberts asked if there were
any recommendations by the staff or utility companies and Mr.
Kohl informed him that it must comply with the PUD ordinance.
Mr. Moore added that we needed the 15 ft. easement to tie into
the sewer plant and these people gave it to the City and it is
part of the setback area. Motion carried 5-0.
Parcel:
Portion of Section 31, Township 45 South,
Range 43 East (14.42 Acres)
Rezone from Agriculture to C-3
Property fronting on West Side of Congress
Avenue on both the North and South Side of
'future Woolbright Road
Shopping Center & Office Complex
Faber & Kirsner, Attorneys at Law for
Frederick Zeiger, Trustee
Mr. DeMarco moved to remove this from the table, seconded by Mr.
Caldwell. Motion carried 5-0.
Request:
Loca tion:
..
Use:
Applicant:
Mr. Harry Kirsner stated that this is the commercial application
for C-3 zoning at the west end along Congress Avenue and told
about there being plans for a local savings and loan association,
Grand Union, mini movie theaters, and general Shopping center and
on the north side of Woolbright Road, there will be a service
station. Mayor Jackson referred to the plans having to be re-
viewed by the Council and Mr. Moore agreed that the site plan
would have to be approved by the Council. Mr. Caldwell asked
if a gas station was necessary and Mr. Kirsner explained how
they felt it would be necessary for the people living in the
development.
Mayor Jackson ascertained nobody in the audience wished to speak
in favor or in opposition to this application.
Mr. DeMarco moved that the rezoning request be granted from
Agriculture to C-3 for the 14.42 acres belonging to Frederick
Zeiger, Trustee. Mr. Harmening seconded the motion. Under
discussion, Mr. Roberts referred to a couple provisions being
included and Mr. DeMarco amended his motion to be subject to
staff recommendations, seconded by Mr. Harmening. Motion car-
ried 5-0.
~...
-'. --~-'--'--'---~.__.,-,-,--------.--~.,'---
MINUTES - PLANNING & ZONING BOARD
OCTOBER 24, 1978
Mr. Lambert questioned the ingress and egress on the small parcel
and Mr. Rice explained that after Woolbright Road and Congress
Avenue both become divided roads, access could only be from the
right lane. He added that they would follow County requirements.
Mr. Annunziato informed the Board that in viewing this, we have to
relate the commercial use to the concept plan. One of the policies
of the concept plan is to locate community shopping centers at the
intersection of major roads. With the inclusion of Woolbright Road
in this area, it is totally dedicated to the public from AlA to Jog
Road. The staff recommends approval subject to compliance with the
Palm Beach County Traffic Engineer's Department, comments. He thinks
it is appropriate to mention as it has been the past policy, the
approval of this is predicated upon approval of the PUD.
Mr. Lambert made amotion that the application for the .zoning
change from Agricultural to C-3 be approved and recommended to
the City Council subject to approval of the PUD and subject to
agreement with the Palm Beach County Traffic Engineer. Mr.
Winter seconded the motion. No discussion. As requested, Mrs.
Kruse took a roll call vote on the motion as follows:
Mr. Arena
Mrs. Huckle
Mr. Winter
Mr. Lambert
Mr. Jameson
Col. Trauger
Mr. Ryder
- Yes
- Yes
- Yes
- Yes
- Yes
- Yes
- No
Motion carried 6-1.
Chairman Ryder added that he feels this is part of the whole pack-
age and could not vote for it. He then declared a break. He re-
c~~y_ene~_!!"1~~et::i!l;r at 10: 25 P. M "_____ _
, -;,.,
.v.
).~ ,--
\" '1..~' "
, '~ \; .l.
\: ': <i}
)\.
\
,..;
MINUTES - PLANNING & ZONING BOARD
OCTOBER 24, 1978
Rezoning Request
Applicant:
Location:
Legal
Description:
Use:
Request:
Faber & Kirsner, Harry Kirsner, Agent
Northwest corner of Congress Avenue and Golf Rd.
Acreage
Planned Residential Community
Rezone from Agricultural to PUD (LUI of 4.1)
Mr. Annunziato informed the Board that this property and the pro-
perty to the south were annexed into the City in the Spring of
1976. Some hearings were held on the ordinance' for annexation,
but hearings were not held for rezoning. The request is to rezone
to a PUD with a LUI of 4.1 with a gross density of 6 units per
acre. The concept plan recommends a moderate density zoning of a
maximum of 7.1 units per acre. This plan has been presented to
the usual government agencies and responses have been received.
In addition, input has been received from several staff members
and the City Attorney. He will reserve comment until after pre-
sentation by the applicant.
Mr. Harry Kirsner, 905 Ainsley Building, Miami, Florida, appeared
before the Board and introduced the Engineer, Land Planners, and
Traffic Engineer. He referred to this parcel having some inherent
problems and stated the main problem was a bed of muck which had
to be de-mucked leaving a 45 acre lake. He then introduced Mr.
Taft Bradshaw, Land Planner.
Mr. Taft Bradshaw, 4337 Seagrape Drive, Lauderdale by the Sea,
Florida, appeared before the Board and showed a plan of the pro-
posed land use. He identified the physical boundaries of the
property. He stated the whole concept of this plan was to stay
within the proposed recommended maximum density plan. The den-
sity of this project was based on gross acreage and comes out to
6 units per acre using three types of land uses and he explained.
He also pointed out the individual recreational areas. He added
that the property to the south of Woolbright Road is the civic
property and is reserved for the future water tank area. In
the projected plan, there will be 35 acres of water area.
Mr. Bradshaw then showed a concept plan of the garden apartment
units with a maximum of four stories. He explained how they
felt this would establish a good buffer. He added that the
apartment areas tabulated to 20 units per acre with reducing
back down to 6 units per acre on the total PUD. He explained
the distribution of the densities and characteristics of the
plan. He added that the total amount of open space including
water, buffer, lakes, common grounds, etc. is approximately
59+%. It is an open space plan and the densities are compati-
ble to the adjacent properties. The higher density area would
be self-contained located within the project.
_",,2 - _____ .---, ,
MINUTES - PLANNING & ZONING BOARD
OCTOBER 24, 1978
Chairman Ryder asked if the townhouses would be in clusters or
continuous rows and Mr. Bradshaw explained that they would have
common walls and be continuous and could be one and two stories.
Chairman Ryder referred to the villas and Mr. Bradshaw replied
they would primarily be one story structures. Chairman Ryder
asked if they would have common walls and Mr. Bradshaw replied
not necessarily and added that they have made the lots extremely
deep to allow flexibility to detach some. Chairman Ryder ques-
tioned the minimum distance between structures including the
apartment buildings and Mr. Bradshaw replied that the minimum
would be 40 ft. between the apartment buildings and would meet
the code requirements for the villas which he be~ieves require
10 feet between the villas. Mr. Annunziato clarified that on a
PUD, the only place where setbacks have been set is on the public
streets. He thinks the disposition of setbacks for the various
type units should be discussed here and entered into the record.
Chairman Ryder clarified that we do not have specific setback
requirements for a PUD.
Mr. Kirsner informed the Board that their plans were to model the
villas after the Thunderbird models in Coral Springs which are
detached. These will be fronting on the Quail Ridge Golf Course
and they would be very high priced. Col. Trauger asked if the
villas and detached houses would be in the same price category
as the Thunderbird models and Mr. Kirsner replied affirmatively.
Chairman Ryder referred to this project being somewhat unique
with about 1/3 being water which results in diminishing the land
for the building of units. It has been mentioned that the gross
density will be 6, but the actual net is almost twice the 6.
Mr. Kirsner replied that the lake is much bigger than shown on
the plan. Mr. Jameson questioned the overall acreage and Mr.
Kirsner informed him that it is 105 acres. Mr. Arena clarified
there would be 35 acres for the lake and 24 acres open space.
Mr. Charlie Putman with the firm of Walter-Taft Bradshaw & Asso-
ciates appeared before the Board and clarified the 59% alluded
to is much less than the actual open space. The areas on this
plan which have been dedicated for public use such as road rights-
of-way constitute 56% of the entire site with including the water
tower site, lake, parks, etc. However, the actual open space when
measuring the green between the buildings would be much higher
than 56%. They are actually giving up 56% of the property and
asking for a higher intensity use for the remaining 44%. Mr.
Arena clarified that they were talking about putting 640 units
on 46 acres of land which seems like an extremely tight situa-
tion.
Chairman Ryder referred to reviewing several PUDs along Congress
Avenue and read the figures approved for each project. He clari-
fied that this application presents an entirely different picture.
-3-
MINUTES - PLANNING & ZONING BOARD
OCTOBER 24, 1978
Chairman Ryder continued that this plan has 106 acres with a gross
density of 6 units per acre, but the net density varies with the
type of construction. With the villas, the net density will be
5.2; with the apartments, the net density will be 20; and with
the townhouses, the net density will be 12. The average net den-
sity is 12. We are talking about something which is very much
different than what we have. We are talking about something
which doubles the density compared to the other PUDs in the
area.
Mr. Bradshaw stated that with the existing physical characteris-
tics of this property with the large lake to work around, the
economics dictated the density. Twelve is the right density and
the maximum allowed for four story apartments. Thi s density of
12 will be located within the project. As far as fitting into
the total master plan for the City, they are within what is pro-
jectedon the gross basis. He thinks the plan makes good use of
the property. Since the large lake is being kept, the density
on the net basis is a fair approach to the property. In the
other PUDs approved, they were mostly land with more flexibility.
Almost 40% of this site is in water and it will be a water oriented
community. The densities projected in the apartment areas pro-
bably will not be any greater than other PUDs, but they have more
land to work with.
Mr. Lambert referred to the apartment area appearing to be co~
pletely detached from the rest of the project and Mr. Bradshaw
pointed out the access points to Congress Avenue and Golf Road.
Mr. Lambert referred to it almost being two plans and stated
that the corner with the apartments has tremendous density. He
referred to the use of the recreation areas and Mr. Bradshaw
replied that there would be physical connec~ion to get to the
recreation areas. Mr. Kirsner added that all the residents will
be able to use the lake also. It was tough property to plan
and he thinks Walter Taft Bradshaw & Associates have done the
best job. Also, Woolbright Road is 7~ acres of property which
they will construct and dedicate to the City, plus donating the
water tower site and park site.
Mr. Lambert referred to the land being contiguous and Mr. Annun-
ziato replied that the way this PUD is presented, it does not
violate the concept of a PUD. A PUD is to be developed under
unified control. This out parcel is connected by a body of
water and does not violate the PUD concept. The one parcel
could not stand alone. Mr. Lambert clarified that it is all
under unified control and Mr. Kirsner replied affirmatively.
Mrs. Huckle read the applicable ordinance section and clarified
that the use and intent should be related. She referred to an
elbow of water making a separation and Mr. Bradshaw explained
that this separated the unit types. He added that there is a
connecting pedestrian walk system.
-4-
MINUTES - PLANNING & ZONING BOARD
OCTOBER 24, 1978
Mr. Lambert asked if the recreation area is proportionately covered
and Mr. Bradshaw replied affirmatively, it is prorated equally all
the way across. Mrs. Huckle referred to the anticipated uses for
the lake and Mr. Kirsner told about plans to allow sail boats and
canoes and a slope will be put in so there will be a beach front.
Mr. Lambert asked if it connected to another body of water and
Mr. Kirsner explained that there would be a connector for drainage,
but there would not be physical access. The Engineer further ex-
plained how the lake had been incorporated into the overall drain-
age system. Col. Trauger asked how the lake would be kept from
stagnating and the Engineer replied that it contained a tremendous
amount of water and will be approximately 40 feet deep and ex-
plained how the lake could be flushed or used for water storage.
Mr. Bradshaw then concluded his presentation with the statement
that he t;X>u1d be happy to 'answer any questions ~nd he thinks this
plan is compatible, with the gross land use projecte~ for the City.
Mr. Joseph Rice, 1800 Coral Way, Miami, appeared before the Board
and 'advised that he is the Traffic Engineer for this project. He
explained the traffic analysis performed and advised that they have
met with the County and City staff. He explained the various im-
provements recommended by the memo of understanding submitted by
the County Engineer.
Chairman Ryder questioned the treatment of Congress Avenue until
it is widened and Mr. Rice replied that deceleration lanes would
be necessary at major access points. Chairman Ryder asked if the
entrance on Golf Road would relate to the entrance to Cranbrook
Lakes and Mr. Kirsner replied negatively. Mr. Annunziato added
that the entrance from Golf, Road is new as of tonight and the
staff will reserve comment. "
Chairman Ryder ascertained that nobody else wished to speak on the
presentation and requested input from 'the City Planner.
Mr. Annunziato referred to requesting comments from the various
departments and read Mr. Howell's comments in response to his memo
dated September 14. The density was questioned. The lot sizes
were questioned and in the review by the Technical Review Board,
the lot sizes were not cleared up nor the type of units which
would be built. It is noted that R-3 setbacks should be required --
for the multi-family units. The placement of off-street parking
is questioned. The staff requested a site plan be submitted for
the garden apartments which has been prepared now, but has not
been reviewed by the staff. It is questioned whether D.E.R. has
to be contacted in regards to dredging the lake. The size of the
cul-de-sacs is questioned. It is noted the flood level would be
13 feet.
-5-
/
/
...//
MINUTES - PLANNING & ZONING BOARD
OCTOBER 24, 1978
Mr. Lambert questioned how the Board could approve something not
reviewed by the staff and Mr. Annunziato replied that the site plan
submi tted tonight was the one in question. Mr. Lambert clarified
that the staff has not reviewed the four story building plan and
Mr. Annunziato replied affirmatively. Mr. Kirsner'informed them
that the apartment layout is a conceptual layout and is not a
requirement of the PUD application. Once the property is zoned,
then the architectural information will be submitted. Mr.
Annunziato agreed that it would be a supplemental submission.
Mr. Annunziato clarified that some of the questions noted by Mr.
Howell could not be discussed until plans are submitted with unit
types. He explained further how the various items questioned
would be covered by the plan submittal.
Mr. Annunziato then read Mr. Clark's attached memorandum dated
September 22. Mr. Lambert referred to the e~ectricaldistribu-,
tion'being underground because of the developer's choice and
Mr. Annunziato replied negatively and advised that the subdivi-
sion regulations require it.
Mr. Lambert referred to Mr. Clark's notes also applying to site
plans and Mr. Annunziato clarified that these are recommendations
to the developer so there is no question in the future.
Mr. Lambert asked if there were any comments from the applicant
and Mr. Kirsner replied that they met with the Technical Review
Board and t;X)rked out most of the problems since then.
Mr. Annunziato then read Mr. Moore's response indicating that the
restrictions look okay, but he needs a copy of the charter of the
non-profit corporation for association.
Mr. Annunziato then read Mr. Frederick's attached memorandum
dated October 23. Mr. Kirsner stated that it was their under-
standing that this donation is not needed until platting and
they felt they would leave it up to the City Council regarding
the acre given to the City for the water tower. They also gave
an easement along Congress Avenue for underground utilities.
They feel they should get some credit for the one acre for the
water tower. This is not a requirement of the zoning and they
would like to discuss it further with the City Council. There
is also the possibility that a water tower may not need one
acre and the remainder of the land could be used for recreation.
They will meet the requirements to the satisfaction of the City
Council. Mr. Lambert informed him that the City Council looks
to this Board to make a recommendation. Mr. Kirsner then ex-
plained that there would be a problem with giving more acreage
as they did not want public acreage on the lake. They want the
lake area to be private for maintenance purposes. He then asked
if the Board felt they were entitled to some credit for the water
tower site and Mr. Winter replied that the acre was agreed upon
in the original presentation. Mr. Lambert added that the area
-6-
MINUTES - PLANNING & ZONING BOARD
OCTOBER 24, 1978
would still be deficient even with this acre. Mr. Arena clarified
that if the plan does not meet the recreation requirements, it does
not meet the code. He does not ~ee how we can discuss that one
acre for the water tower. Mr. Kirsner stated that if they could
not reach agreement, they will make a monetary donation equal to
the acreage due.
Chairman Ryder referred to alternatives being noted and stated
this could be resolved at a later date. Mr. Lambert stated that
it must be determined now. Mr. Arena agreed that the developer
should indicate which way he is going. Mr. Kirsner stated that
it must be dedi~ted at platting. If they cannot reach an agree-
ment with the City Council, they will pay a dollar amount. The
water tower site must be discussed further. They are building
Woolbright ROad and giving land on this major road. It is pain-
ful to have to donate the 7~ acres for Woolbright Road, pave the
road and then not have frbntage on theroaa to use it; There is
also the other problem of the large lake. They think they should
receive some credit for the water tank.
Mr. Annunziato stated that he thinks the master plan has to stand
on its own. This is zoning and master plan approval. The plat
has to provide exactly what was approved in the master plan.
Some decision should be determined tonight or the master plan
does not stand.
Mr. Lambert referred to the concern of using this one acre for
a water tower and questioned when this was decided and Mr. Annun-
ziato replied that this has been noted on plans for years.
Mr. Harry Kirsner then introduced his father, Mr. Herman Kirsner,
majority stockholder in the company being the owner of 60% and
advi sed that Mr. Cogen owns 40%. He referred to the work they
have done so far and questioned what would be .fair in this case?
Mr. Annunziato read the two alternatives suggested by Mr.
Frederick and clarified that it was his decision that parks and
recreation is not a water tower. Mr. Lambert still questioned
the water tower designation and Mr. Annunziato informed him that
it is noted on the master water distribution plan. Also, he
checked whether an acre was necessary and was told that it is.
He pointed out that Mr. Frederick has given two alternatives
and now the developer must make a decision. Mr. Herman Kirsner
referred to dealing with other cities and stated he would give
whatever was preferred. Mr. Annunziato replied that he was not
the Parks and Recreation Director and it was the applicant's
decision.
referred to the plans stated when this property was
stated he did not remember the water tower site being
tied to the annexation. _He explained how it was the City's ~e-
rogative regarding the use of thlS acre an~e~hinks the de~e-
-~oper should get credit for the donation. After some disc~lon,
-7-
MINUTES - PLANNING & ZONING BOARD
OCTOBER 24, 1978
Mr. Lambert clarified that the one acre site for the water tower
should be included and the deficiency would be .6 acre and if the
applicant decides on Option #2, a dollar amount would have to be
provided for the . 6 acre as determined by the subdi vi sion regula-,
tions.
.--'--
Further discussion followed regarding the determination of this
site for the location of a water-tower and the basis for such a
decision. Chairman Ryder suggested that this issue be resolved
separately at the conclusion of the presentation.
Mr. Annunziato then read the attached letter dated October 17
from the South Florida Water Management District.
Mr. Annunziato then referred to traffic being a major considera-
tion and read the Memo of Understanding dated October 20 submitted
by the-County. He requested this Memo of Understanding to be made
a part of the record. He requested the developer to address this
memo. Mr. Kirsner stated that they met with Mr. Walker and came
to the accord to do this and would appreciate having this memo
included in the Board's motion and it will be included in the
ordinance passed by the City Council.
Mrs. Huckle requested clarification of #10 and Mr. Annunziato
informed her that when 19th Avenue is extended, it will serve the
commercial area to the north and the residential area to the south.
Mr. Arena referred to #8 and questioned who would determine where
the transition lane would start and Mr. Annunziato replied that
this would be determined by the Palm Beach County Traffic Engineer-
ing Department.
Mr. Annunziato informed the Board that his comments and comments
from the police Department addressed traffic. Both have noted the
extension of 19th Avenue.
Mr. Arena referred to the indication of having access into Golf
Road from the east section and Mr. Kirsner replied that this was
an error because it is too close to the intersection on Congress
Avenue.
Mr. Annunziato then read the attached letter dated October 18 from
Mr. Fred W. Hay, Director of School Plant Planning for the School
Board of Palm Beach County. He clarified that the schools which
will serve this project will be over-capacity and it is recommended
that a real estate transfer tax of .4 of 1% be collected on the
sales price of each unit with these funds being placed-in a spec-
ial capital outlay account for construction of school facilities
in the Boynton Beach area. Mr. Herman Kirsner stated that they
just received this letter and explained that he was in favor of
schools. If this applies to everyone, they will do it; but if it
is just for their development, it is not fair. Chairman Ryder
informed him that this has been required of the other PUDs.
-8-
MINUTES - PLANNING & ZONING BOARD
OCTOBER 24, 1978
Chairman Ryder asked if anybody else desired to speak in favor of
this and received no response. He asked if anyone wished to speak
in opposition to this proposal and received no response.
Chairman Ryder read a letter from Mr. Norman J. Michael's secre-
tary advising that Mr. Michael is out of town, but is very much
concerned about the development and zoning along Congress Avenue
and will attend the other meetings pertaining to this matter.
Chairman Ryder clarified that apparently there were two matters
to consider, one regarding the water tower and compliance to the
regulations for recreation and the other to take action on the
application itself.
-".,.-
Col. Trauger referred to the area needed fora water tower and
stated he did not think quite an acre is needed. There seems to
be a point of double accounting with asking for an acre of land
and not giving credi t~ He believes in all fairness, the one acre
should be subtracted and leave .6 to be provided for by the appli-
cant in monetary value.
Mr. Arena referred to passing over the issue of density and stated
this should be discussed and Chairman Ryder agreed it was the most
important. Mr. Lambert agreed that the density should be dis-
cussed first because the parks area is based on the density. Chair-
man Ryder referred to this being a drastic departure from anything
approved along Congress Avenue. Mr. Arena agreed and referred to
the Council giving some direction previously by requesting the
density to be reduced on the one project. He thinks a tremendous
amount of people are being compacted. in a small area in this plan.
Chairman Ryder agreed and pointed out that there is a large amount
of water but the land for housing is limited. Mr. Lambert ques-
tioned how the ordinance referred to density and Mr. Annunziato
explained that in planning, the gross densities were considered.
He added that he thinks whatever decision the Board makes has to
be related to surrounding land uses. Chairman Ryder agreed and
referred to cranbrook Lakes being an entirely different project
than what is proposed here. He suggested possibly going from four
story to two story apartments and this would probably cut the den-
sity down to 9 instead of 12 and would be more in harmony with
Cranbrook Lakes. Discussion of the various condominium complexes
in the City and their densities and construction followed.
Mr. Lambert stated that the density of this particular project
falls wi thin the range indicated and probably will be wi thin the
comprehensive land use plan range. We cannot keep telling people
to reduce the density when it fits. He feels this plan is within
the range and will go along with it~ They have done what we have
indicated we want. Mr. Arena pointed out that the lake is taking
up a tremendous amount of the area and Chairman Ryder added that
1/3 of this area cannot be built on. Mr. Lambert questioned what
the difference was between the lake and a golf course? Chairman
-9-
MINUTES - PLANNING & ZONING BOARD
OCTOBER 24, 1978
Ryder replied that most developments have a small difference be-
tween the gross and net density. Mr. Arena added that in building
a golf course, the community can be structured around it and the
holes intertwined throughout the community, but it cannot be done
in this community because there is only so much land which can be
built on. A tremendous amount of people will have to be put in a
small area. The density is wi thin the ranges, but he is looking
at the entire community and considering the small piece of land
being used. Also, Mr. Howell has questioned the density and size
of the lots. Mr. Lambert referred to the developer being concerned
and wanting to sell the homes and stated-he did not feel we should
dictate the density as long as it, falls within the range. M~.
Arena stated he thinks the. Council wants U3 .to deal with this'
problem as they have commented on the densities and appearance.
Col. Trauger stated that he was in agreement with Mr. Lambert,.
This is unusual property because of the largeness of the lake
and considering the cost and value, he thi~s they have done a
fabulous job in the planning with all they have had to give up.
We do have perimeters and this fits within the general perimeters
prescribed.
Mr. Jameson referred to the Council recommending variance in con-
struction and not being too concerned with density and stated he
does not feel we have had any direction from the Council.
Mrs. Huckle stated that the problem with the water as opposed to
a park or golf course is not the fault of this developer. It does
have open space. Possibly we should re-examine the definition
for open space in our ordinance if we feel water is more restric-
tive than land. If they are meeting the letter of the ordinance,
she personally would have no quarrel with endorsing this plan as
long as it is according to the PUD ordinance on densities. They
have planned a variety of living accommodations. She questions
the advisability of four story apartments all in one cluster.
She thinks that area is a bit dense, but it might be a fine ar-
rangement for that particular spot.
Chairman Ryder stated that they have done a good job with meeting
the school and traffic requirements, but we must consider the
density. Mrs. Huckle asked if it met the ordinance requirements
and Chairman Ryder replied that it is not according to the PUD
ordinance. Mr. Annunziato clarified that when the plan is
adopted, then it becomes ordinance form. All we have now is a
recommendation from the staff and consultant. That recommenda-
tion was for a moderate density of a maximum of 7.26 gross and
this is within those limits. Col. Trauger added that we also
must review and approve the site plan. Chairman Ryder stated
that this would not be in harmony with Christian Villas or
Lei sure vi lIe.
-10-
MINUTES - PLANNING & ZONING BOl\.RD
OCTOBER 24, 1978
Mr. Winter questioned just how this could be corrected with not
being able to do anything with the lake and Mr. Annunziato re-
plied that the lake actually will be diminished in size from what
exists. However, four story apartments are probably inappropriate
with the new land uses we have seen. He believes four stories are
not consistent with any land uses in the area but believes there
is need for multi-family. However, if approved with the density,
there is no reason why the developer should not build four stories.
A recommendation could be made that two story apartments be built
which would moderate the density.
Chairman Ryder stated it was his understanding that the consultants
t;X)rking on the comprehensive land use plan are recommending that
the density be reduced immediately to the north of this property
which is zoned R-3.
Mr. Arena stated that he feels the only way to get this many units
into that small amount of land is by allowing four stories. He
does not think four stories lends itself to the entire area the
way it is being developed. He referred to the developments in
the immediate area and stated that they must be considered. There
are going to be a lot of people living in that little parcel of
land.
Mr. Bradshaw stated he would like to comment on the discussion and
clarify some points. He pointed out that different types of units
would be facing the lake itself so the lake does not have one
architectural style. One of their first concept studies was to
reduce the four story density and redistribute to two story villas.
They can take the same amount of acreage left for development and
do in two and three story combinations, but do not think it is
the spirit of a PUD nor the concept of the property in the best
way to develop. The market will determine the sale of four stories.
They could have three stories, but the ordinance allows four stor-
ies. He thinks it is interesting with different heights and roof
scapes.
Mrs. Huckle asked how many units were planned in the east section
and Mr. Bradshaw informed her there would be 180 on 9~ acres.
Mr. Kirsner added that in regards to buffering the neighbors~ there
is a lower density around the perimeter. The high quality town-
houses will be on the golf courses. The higher density is inter-
nally in this project where it becomes the developer's concern
and not the neighbors' concern. It will be brnfered completely
with uses consistent with the neighbors.
Mr. Bradshaw again pointed out the locations of the various type
units and stated he felt it was interesting to break up the types.
Discussion followed regarding what was located on the adjacent
properti es.
-1l-
MINUTES. - PLANNING & ZONING BOARD - O~BER 24, 1978
Mr. Herman Kirsner referred to a good developer with a good back-
ground not building to maximum and told about building 18 units
per acre in Dade County when they were allowed to build 23.9. He
would be willing to be restricted to three stories in the apart-
ments and will not build to the maximum. Mrs. Huckle referred
to the density with making the apartments three stories and Mr.
Herman Kirsner explained that this would not change because the
units would just be smaller. Further discussion followed about
the reduction in the size of the units.
Mr. Lambert made a motion that the Planning & Zoning Board recom-
mend to the City Council the approval of this application for PUD
rezoning as submitted subject to staff comments and recommendations
with the exception of the Recreation Director's memo and we deter-
mine the applicant shall provide in dollar amount the equivalent
for the addition of .6 acres as determined, by the subdivision
regulations. Mr. Annunziato asked if he was saying Mr. Frederick's
comments are not appropriate and as far as the motion is concerned,
the water tower site does not exist and should be included as
parks and recreation and Mr. Lambert replied this was correct
and the additional .6 acres should be paid in a dollar amount.
Co1~ Trauger then seconded the motion. Under discussion, Mr.
Lambert added that if it is researched and found under the annex-
ation that a deal was made, this will have to be dealt with. If
I the property was legally dedicated to the City for a water tower,
\ then we cannot include it in the recreation area. As requested,
"-- Mrs. Kruse then took a roll call vote on the motion as follows:
Mr. Arena
Mrs. Huckle
Mr. Winter
Mr. Lambert
Mr. Jameson
Col. Trauger
Mr. Ryder
- No
- Yes
- No
- Yes
- Yes
- Yes
- No
Motion carried 4-3.
Applicant:
Location:
Faber & Kirsner, Harry Kirsner, Agent
Property fronting on West side of Congress
Avenue on both the North and South sides of
future Woolbright Road
Legal
Description:
Use:
Request:
Acreage
Shopping Center - Office Complex
Rezone from Agricultural to C-3
Mr. Harry Kirsner explained the plans for a 12 acre commercial
shopping center at this corner with a 1-3/4 acre parcel for a
service station. He told about the various tenants interested
in this location.
-12-
...... -,.
P. 0, BOX 310
120 N,E, 2ND AVENUE
BOYNTON BEACH, FL.ORIDA 33435
N '3
CITY of
BOYNTON BEACH
4.
~i I
""-'1
~
....#
NOTICE OF SPECIAL CITY COUNCIL MEETING, TUESDAY, NOVEMBER 7, 1978
AT 8:00 P.M. AT CITY HALL, BOYNTON BEACH, FLORIDA
In accordance with Section 56 of the City Charter of the City of Boynton
Beach, you are hereby notified of a Special Meeting called for Tuesday,
November 7, 1978, at 8:00 P. M. to consider
1. Re-Zoning request of Faber & Kirsner
A. Northwest corner of Golf Road & Congress Avenue
from Agricultural to P.U.D.
B. Property fronting on West side of Congress Avenue
on both the North and South side of future Woolbright
Road from Agricultural to C-3.
in accordance with the attached advertisement.
,
Joe DeMarco, Council Member
~"~n~ p~
David Roberts, Council Member
Date: October 30, 1978
NOT ICE
NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON
BEACH, FLORIDA shall meet at 7:30 P. M., Tuesday, October 24, 1978, at the
City Hall, Boynton Beach, to consider applications with respect to the following
described properties located within the limits of said City, Palm Beach County,
pursuant to the request of the parties in interest:
Parcel A (P.U.D.) -
Portions of the East 3/4 of the Northeast 1/4 and the
North 1/2 of the Northwest 1/4 of the Northwest 1/4
of the Northeast 1/4 all in Section 31, Township 45
South, Range 43 East, Palm Beach County, Florida,
being more particularly described as follows:
Commence at the East 1/4 corner of said Section 31,
thence run North 0 degrees Ol minutes 07 seconds East,
along the East line of said Section 31 for 1340.00
feet; thence run North 89 degrees 58 minutes 53 seconds
West, at right angles to the last described course for
60.00 feet to the Point of Beginning of the following
described parcel of land; thence continue North 89
degrees 58 minutes 53 seconds West for 574.90 feet;
thence North 0 degrees 01 minutes 07 seconds East for
488.84 feet; thence North 38 degrees 06 minutes 33
seconds East for 251.16 feet; thence North 0 degrees
01 minutes 07 seconds East for 590.00 feet; thence
South 89 degrees 18 minutes 10 seconds West, parallel
with and 40 feet South of the North line of the North-
east 1/4 of said Section 31 for 2188.51 feet; thence
South 0 degrees 26 minutes 10 seconds West, along the
West line of the Northeast 1/4 of said Section 31 for
294.56 feet; thence North 89 degrees 15 minutes 57
seconds East, along South line of the North 1/8 of the
Northeast 1/4 of said Section 31 for 667.67 feet;
thence South 0 degrees 19 minutes 56 seconds West,
along the West line of the East 3/4 of the Northeast
1/4 of said Section 31 for 2298.83 feet; thence North
89 degrees 00 minutes 43 seconds East, parallel with
and 40 feet North of the South line of the Northeast
1/4 of said Section 31 for 1931.16 feet to the Point
of Curvature of a circular curve to the left; thence
run Easterly, Northeasterly and Northerly along said
curve having a radius of 25.00 feet and a central
angle of 88 degrees 59 minutes 36 seconds for an arc
distance of 38.83 feet to a Point of Tangency; thence
run North 0 degrees 01 minutes 07 seconds East,
parallel with and 60.00 feet West of the East line
of said Section 31 for 1276.44 feet to the Point of
Beginning, containing 105.83 acres, more or less.
Request: REZONE from Agricultural to PUD
Location: Northwest corner of Golf Road & Congress Avenue
Parcel B (COMMERCIAL) - A portion of the Northeast 1/4 of the Northeast 1/4
of Section 31, Township 45 South, Range 43 East,
Palm Beach County, Florida, being more particularly
described as follows:
Commence at the East 1/4 corner of said Section 31;
thence run North 0 degrees 01 minutes 07 seconds East,
along the East line of said Section 31 for 1340.00
feet; thence run North 89 degrees 58 minutes 53
seconds West at right angles to the last described
course for 60.00 feet to the Point of Beginning of
the following described parcel of land; thence
continue North 89 degrees 58 minutes 53 seconds West
for 574.90 feet; thence North 0 degrees 01 minutes
07 seconds East for 488.84 feet; thence North 38
degrees 06 minutes 33 seconds East for 251.16 feet;
thence North 0 degrees 01 minutes 07 seconds East
for 590.00 feet; thence run North 89 degrees 18
minutes 10 seconds East, parallel with and 40 feet
South of the North line of the Northeast 1/4 of said
Section 31 for 420.00 feet; thence run South 0 degrees
01 minutes 07 seconds West, parallel with and 60.00
feet West of the East line of said Section 31 for
1281.76 feet to the Point of Beginning, containing
14.42 acres, more or less.
Request: REZONE from Agricultural to C-3
Location: Property fronting on West side of Congress
Avenue on both the North and South side of
future Woolbright Road.
Applicant (Parcels A & B): Faber & Kirsner
ALSO
A Public Hearing will be held by the City Council of the City of Boynton Beach,
on the above requests on November 7, 1978 at 8:00 P. M.
Any person having any objection to the above, and all persons interested
therein, shall present said objections at the above stated meeting.
TEREESA PADGETT, CITY CLERK
CITY OF BOYNTON BEACH, FLORIDA
PUBLISH: PALM BEACH POST-TIMES
October 7 and 14, 1978
sk