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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