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Minutes 01-04-89MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD AT PRIME BANK PLAZA, BOYNTON BEACH, FLORIDA, WEDNESDAY, JANUARY 4, 1989 AT 6:00 P. M. PRESENT Ralph Marchese, Mayor Ezell Hester, Jr., Vice Mayor Robert Olenik, Jr., Commissioner Arline Weiner, Commissioner Peter L. Cheney, City Manager Sue Kruse, Deputy City Clerk Raymond A. Rea, City Attorney Mayor Marchese called the meeting to order at 6:00 P. M. ~e wished everyone a happy and prosperous New Year. AGENDA APPROVAL As there were no deletions, additions or changes to the agenda, Commissioner Olenik moved to approve the agenda as presented. Motion was seconded by Vice Mayor Hester and ~arried 4-0. PUBLIC HEARINGS Project Name: Agent: Owner: Location: Legal Description: Description: Alhambra Square North Charles Putnam & Associates, Inc. Milnor Corporation South Congress Avenue at Golf Road, northeast corner A parcel of l~nd in Sec. 32, Twp. 45 South, Range 43 East, City of Boynton Beach, Florida, Palm Beach County, more particularly described as follows: The E. 460' of the W. 510' of the N. 330' of the S. 420' of the NW~ of Sec. 32, Twp. 45 S., Range 43 E., City of Boynton Beach, County of Palm Beach, Florida, containing 4.01 acres, more or less Request for an amendment to the Future Land Use Element of the Comprehensive Plan from "Moderate Density Residential" to "Office Commercial" and rezoning from R-1AA (PUD) (Single Family Resi- dential) to C-1 (Office/Pro~essional) for the purpose of allowing construction of a 66,600 square foot professional/ medical office complex 2. Project Name: Alhambra Square South Agent: Charles Putnam & Associates, Inc. -1- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 Owner: Location: Legal Description: Description: Norman and Elishka Michael South Congress Avenue at Golf Road, southeast corner Tract 4, less the E. 615.42 feet there- of, Golf View Harbour 3rd Sec., City of Boynton Beach, Florida, according to the Plat thereof recorded in Plat Book 30, pages 119 and 120, Public Records of Palm Beach County, Florida Request for an amendment to the Future Land Use Element of the Comprehensive Plan from "Low Density Residential" to "Office Commercial" and rezoning from R-1AA (Single Family Residential) to C-1 (Office/Professional) for the purpose of allowing construction of a 57,800 square foot professional/medical office complex and a 3,000 square foot branch bank with drive-through facilities 3. Project Name: Agent: Owner: Location: Legal Description: Alhambra Square ACLF Charles Putnam & Associates, Inc. Norman and Elishka Michael Golf Road at S. W. 13th Street, southwest corner The E. 615.42 feet of Tract 4, Golf View Harbour 3rd Sec., City of Boynton Beach, Florida, according to the Plat thereof recorded in Plat Book 30, pages 119 and 120, Public Records of Palm Beach County, Florida, less and not including the following described parcel: Commence at the SE corner of Tract 4, as shown on the plat entitled Golf View Harbour, 3rd Sec., City of Boynton Beach, Florida, according to the plat thereof recorded in Plat Book 30 on page 119, Public Records of Palm Beach County, Florida; thence W. 2°21'36" W. along the East line of said Tract 4, a distance of 104.29 feet to the Point of Beginning of the right-of-way to be herein described; thence continue Northerly, along the same course, a distance of 92.69 feet to a point of tangency of a curve concave to the -2- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 Description: Northwest having a central angle of 88° 15'44" and a radius of 15 feet; thence Southerly and westerly, along the arc of said curve, a distance of 23.11 feet to a point of reverse curvature; thence Westerly, Southerly and Easterly, along the arc of a curve concave to the East having a central angle of 197°43'52" and a radius of 40 feet, a distance of 138.04 feet to the Point of Beginning aforedescribed Request for an amendment to the Future Land Use Element of the Comprehensive Plan from "Low Density Residential" to "High Density Residential" and rezoning from R-1AA (Single Family Residential) to R-3 (Multi-Family Residential) for the purpose of obtaining Conditional Use approval for a 130 bed adult conqregate living facility (ACLF) 4. Project Name: Agent: Owner: Location: Legal Description: Description: Alhambra Square ACLF Charles Putnam & Associates, Inc. Norman and Elishka Michael Golf Road at S. W. 13th Street, southwest corner See Description for "3. Alhambra Square ACLF" above. Request for Conditional Use Approval to construct a 124 bed ACLF on 5 acres This request was withdrawn at the request of Attorney Robert Eisen, representing the owners of the project. Jim Golden, Senior Planner, stated that three of the requests for the Alhambra projects would be discussed at this time. He explained the locations and purpose of each and listed the surrounding properties. The Planning and Zoning Board met on December 15, 1988 and unanimously recom- mended that all three requests be denied based on findings in the Staff report as follows: Properties are developable along the existing single family zoning, supported by the existing Silverlake development which contains homes in the $150,000 plus range and the recent development of homes in the Leisureville development adjacent to Alhambra North. Approval of the Alhambra North and South office develop- ments would change the existing residential character at -3- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 the intersection to a commercial nature which could set a precedent for future commercial rezoning of the ACLF site and the vacant parcel at the northwest corner of that intersection which is within the Quail Lake PUD. If the commercial rezonings are denied and the ACLF approved, it would set a precedent for rezoning of Alhambra Square North and South for multi-family resi- dential. This would allow for apartments or other multi-family developments or uses. There is an adequate supply of property in the City which is zoned for office development and ACLFs. There is some demand for additional ACLF beds, but sites are available to accommodate those in other parts of the City. Approval would contradict the intent and purpose of the policies reflected on the Future Land Use Element as stated in the Comprehensive Plan. This would be for Areas 38 and 39. Policies arose out of public hearings held prior to December 1986 concerning the adoption of the Evaluation and Appraisal Report (E&A Report). The policies reflect the desires of the residents in the area as well as the Commission at that time to maintain low density land use which currently exists. Other issues which arose at the December 15th meeting included the height incompatibility of structures (two story ~ffice and three story ACLF). There was discussion regarding the current glut of office floor space in the area and County as a whole. There was also the feeling that additional offices may not be needed at this time. Robert Eisen, practicing Attorney in Palm Beach County and representing Norman and Elishka Michael and the Milnor Corporation, said Norman Michael has been in the community for !8 years. He has built some of the surrounding residential properties near and adjacent these properties. He has been a long term contributor in the community. Attorney Eisen gave three reasons he felt the requests should be granted: The two corner parcels are unsuited for residential use. The two parcels on Congress Avenue and Golf Road are on a major arterial in the City and a collector road in the City. 25,000 to 30,000 trips per day pass by the two parcels. It is an intersection where the traffic starts and stops. The Comprehensive Plan states that these type parcels are where the commercial zoning should go in the City. --4-- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 The tax base is another reason for granting the requests. He estimated that single family residential parcels would generate approximately $30,000 per year in tax revenues. As fully built out and occupied commer- cial and ACLF parcels they would generate approximately $120,000 per year in tax revenue. Attorney Eisen stated that residential development draws City services and costs money much more than does a commer- cial development. Attorney Eisen noted that the State has come in an enacted Statutes which deal with the local zoning procedures. These Statutes require that these petitions be submitted to State Department of Community Affairs (DCA) and the Treasure Coast Regional Planning Agency for review and recommendations before final action is taken. He stated that they were not requesting final action at this time on their petitions. He suggested the applications be forwarded to the State and the Treasure Coast for review. He understood that the City may have a right under the Statute to deny the requests. Attorney Eisen noted they have paid their filing fees and submitted complete and acceptable applications. He urged that the procedure be allowed to continue to its end. A final vote does not have to be taken by the Commission at this time, but the applications can simply be forwarded at this time. He felt that the Commission would want the recommendations from all agencies concerned prior to taking a final vote for approval/disapproval of the applications. Attorney Eisen stressed that a motion to forward the appli- cations to the State and Regional Planning Agency for review would not be a vote against the applications, but would fulfill the requirements of the Statutes which govern the procedures and obtain the recommendations from all the governing bodies. The substance of the request was explained by Attorney Eisen with the use of maps and elevation drawings. He stated they have tried to provide development which is compatible with the adjoining residential areas and which would not cause great impact. They had moved the buildings away from the residential areas. They proposed the ACLF to be two stories in height and relocated dumpsters away from residential areas. They suggested that there be buffering and landscaping and walls between the residential areas. They wished to present a high quality, low impact development. They would guarantee this with enforceable deed restric- tions. They had reviewed the City's Comprehensive Plan and felt that many of the points in this plan mandate this par- ticular parcel be zoned for commercial uses. They had -5- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 selected a designation of "Commercial/Office" which limits the commerical use to office, banking, and medical uses. Attorney Eisen then quoted some sections of the Comprehensive Plan which he felt supported his requests (such as 3.3.1.1, and 3.3.1.2.3). He further elaborated about the language and mandates from the Comprehensive Plan which say the parcels in question should have a commercial designation. They hired a professional planner, Leigh Robinson Kerr and Associates, Inc., to review the staff recommendations as well as some points made at the P&Z Board Meeting. A report was passed to the Recording Secretary for distribution to the ~ayor and Commissioners and for the permanent record. A copy of this report is included as Addendum "A" to the orig- inal copy of these minutes in the Office of the City Clerk. ~e felt the number of trips per day at the intersection of Congress Avenue and Golf Road make that intersection totally incompatible with residential use. He also referred to noise, pollution, stop and go traffic, and safety of children and pets. He felt that such a project would have ~o be walled, bermed and centered into the project as Opposed to out. The parcels are small - 5 acres and 4 acres each. They do not allow great residential opportunities. If required to be developed residentially, he did not feel ~hey would be successful or add anything to the residential ~alue established in the area. If developed commercially, ~e felt they would add to the neighborhood and residential ~alues, and not disturb them. He referred to a statement by a gentleman who attended the December 15th meeting Who lives east on Golf Road who has a nice house. He felt that if he could have a nice house there, it should be possible to have a nice house on the property in question. Attorney Eisen noted there were many lovely homes to the ~ast on Golf Road, but they are far removed from the inter- ~ection and don't face 25,000 to 30,000 trips per day coming bY their property or a traffic light and intersection with ~top and go traffic. The type of development the applicant is suggesting is sup- ported by the traffic report and confirmed by City Staff. ~lthough it will add additional trips, it will be well within the level of service for the surrounding roads. He felt khat Congress Avenue had been built large so as to accom- modate the type of development they were suggesting. Attorney Eisen placed some graphics before the Commission and explained that the Projected Ultimate Land Distribution as spelled out in the Comprehensive Plan tells how land -6- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 should be distributed and planned for the future. He referred to an area which included incorporated areas of Boynton Beach and some incorporated areas which are in the Boynton Beach Service area. This area was from Boynton Beach Boulevard, 1-95, Military Trail and Lake Ida Road. The area was analyzed and found to have 5,700 acres with 12,000 homes and 29,000 population. He pointed out the ~eveloped commercial areas in this section and noted that 94 ~cres are developed and 147 acres zoned but undeveloped. Those distributions are 1.6 percent and 2.5 percent respec- tively. The ultimate projected land distribution according to the Comprehensive Plan says that this should be 4.7 ~eveloped and 5.9 percent planned. He felt this proved this area was inadequately served. While attending the P&Z Board meeting, people did comment for and against the plan. Those in favor were those living across from the ACLF portion by the cul-de-sac and Golfview Harbour Estates to the south of the commercial plan. Cedar- ~ood Villas Homeowners Association had also sent a letter in ~upport. This area is to the north of the commercial site by the fire station. Some of the people who abut the pro- ject also came to the P&Z Board meeting in support of the project. He felt the people most affected by the project Were the ones who supported it. Those opposed were far ~emoved from the project and not directly impacted by the project other than the feeling their neighborhoods would ~egenerate. He suggested these people present facts which ~upport ways they feel their property values will degen- erate. The roads have adequate capacity to handle the traf- fic as supported by the traffic report. There was also discussion that if zoned commercial, the two parcels would constitute spot zoning. Attorney Eisen felt that at the present time the zoning as residential consti- tutes spot zoning. He requested the petition be considered ~nd forwarded to the State for review. Commissioner Olenik noted that Attorney Eisen had stated that the Comprehensive Plan indicates that commercial zoning ~hould be on these corners. He asked the Planning Director ~f this was true. Mr. Annunziato stated that the Comprehensive Plan policies would allow commercial uses at ~his intersection and other similar situations only if its affect to residential areas is minimized. In this instance Golf Road is a residential corridor - has been and has ~een developed as such. Nothing in the Comp Plan mandates that it not continue as a residential corridor. Commissioner Olenik asked if the distance from Golf Road to the northern boundary is equidistant to the southern line of -7- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 the district as outlined by Attorney Eisen. Attorney Eisen stated that it was approximately equidistant. Commissioner 01enik wondered why this particular area had been selected. He was told that it was felt that this was the area which would be served by this development. He noted that part of what is desired with this type zoning is to create office/professional use, i.e., doctors, lawyers, accoun- tants, dentists, to serve the surrounding area to prevent people from having to travel great distances to seek these ~ype uses. Also, this would perhaps allow people in the ~eighborhood to find office uses near their homes. A box Was simply drawn around the center of the service area, leaving out the areas east of 1-95. Attorney Eisen pointed out other intersections in the area defined which ~ad commercial use. Commissioner Olenik was concerned that 11~ the other east/west and north/south intersections in Boynton Beach have non-residential usage on those roads. Golf Road from Seacrest west to Military Trail is totally a residential road with no commercial development. Mr. ~onUnziato stated that was the crux of this discussion. tential for commercial at this intersection has been ~ecognized for many years. Attempts to allow commercial in the 1970s failed, and the applicant sued the City. The result was that the judge ruled in favor of the City. Golf ~oad is a residential corridor and this has been the philos- ophy of every Commission since the mid 1970s. There is hothing imposed by the Comp Plan which states the property ~hould be zoned commercial. The feels Planning Department it is developable as residential and history proves that it is. There is adequate capacity for the kind of use proposed ~ot far north from this property. Nice Mayor Hester asked if the Commission approved this request if they would be accepting what is requested here. ~ity Attorney Rea stated that technically these requests nould be submitted to DCA for review. Vice Mayor Hester ~anted to know how the situation would be affected if the 2ommission voted to approve the applications. Attorney Eisen again stated that it would not have to be approved at ~his stage, but a motion to pass it to the State could be nade. That was what they were requesting at this time. .2ity Attorney Rea stated this could be done, but he felt the ~ity Commission would then allow a State agency to make the ~ecision which he felt belonged to the City. This could ~lso set a precedent in the City. He felt this was a public policy decision for this Commission as to whether or not this precedent should be established which would allow State agencies make the decisions. -8- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 Attorney Eisen noted that the prior litigation referred to by Mr. Annunziato was on the entire 10 acre site on the parcel south of Golf Road. The judge did uphold that decision, but stated that his decision could have been dif- ferent if the request had been for a small parcel more directly impacted by Congress Avenue. Attorney Eisen stated that he felt the precedent in that decision would be favorable to the requests before the Commission at this time. As this was a PUBLIC HEARING, Mayor Marchese asked if anyone Wished to speak AGAINST the request. Wilbur J. Lynch, 1912 S.W. 16th Avenue, President of the Boynton Leisureville Community Association, was against the requests for rezoning. He spoke for himself and was repre- senting the Board of Directors as well. He stated that it had always been their understanding that Golf Road from Seacrest to Military Trail is residential and has always been residential. To change to commercial would, in their opinion, possibly be spot zoning. They were concerned that to rezone would definitely change the characteristics in their area. He referred to two 4-story buildings in the area (corner of the L-26 Canal and Woolbright Road) which have been there and vacant for over a year. At this time =here is no potential for lease or rental at this time according to the bank. Mr. Lynch reiterated that at the P&Z Board he had stated that Boynton Leisureville consists of 892 single family residential homes. Of those, 14 directly abut this property. Many others will be directly affected by construction of the building. One person of the 14 did state he was in favor of the application, but the majority of the people in Leisureville are against it. No One from the developer has approached Mr. Lynch, the Board 6f Directors, or anyone in Leisureville to inform them of the developer's plans. He requested this area be kept R-1AA Single family homes in the area. Victor H. Sandak, 2644 S.W. Cranbrook Court, President of the Cranbrook Lake Estates Homeowners Association, stated ~hey are directly across Congress Avenue from the property ~nder discussion. He was not aware of the traffic problems which Attorney Eisen had spoken about. He stated they have some beautiful homes there. On December 13th their Board of Directors passed a resolution which he read (attached as Addendum "B" to the original copy of these minutes in the Office of the City Clerk). The residents of the Estates of $ilverlake went on record as being opposed to all three rezoning requests. The resolution further stated the resi- dents might not be opposed to an ACLF if it were located on one of the corner parcels, but they did oppose the one at the proposed location as it would isolate the 4 3/4 acre corner parcel and make it less desirable to construct nice single family homes. --9-- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 Question raised by City Attorney Rea City Attorney Rea noted that information had been presented on Alhambra Square North, Alhambra Square South and Alhambra Square ACLF at one time. He wished to ask Mr. Eisen if he had an objection to the public hearing relating to all three projects at one time. Attorney Eisen had no objection. Richard E. Wabnitz, 1321 S.W. 25th Avenue, stated that he is a retired mechanical engineer and he wondered why findings of the P&Z Board were practically nullified by the Attorney for the applicant. Mr. Eisen's findings were opposite those of the planning organization. He felt something was wrong when an official board repeatedly makes certain findings and the applicant's attorney finds everything wrong. Mr. Wabnitz wanted to go on record as saying that Christmas week me was working in his garage when he was approached by a gentleman who said, "I heard your speeches and I approve of basic findings of what you said. I would like you to know i know the details of the whole fight about the rezoning." Mr. Wabnitz did not know the gentleman's name. The man stated that the whole rezoning efforts are a deception. The intention is that the developer will not build anything requested, but resell the property for a big profit as soon as it is rezoned for commercial use. peter Ryland, 1311 S.W. 25th Avenue, went on record as being Opposed to the proposed rezoning. As a private homeowner he objected to the light, height of the buildings proposed, the visibility and the density of population in that area. He bought his home one year ago, and to allow this type deve- lopment would impact him financially. Nick Cassandra, former Mayor, 2554 S.W. 10th Court, asked if all Land Use changes go to the Treasure Coast; and Mr. Annunziato replied that all plan amendment changes go to the State and the State then forwards them to the Regional Planning Council. Mr. Cassandra pointed out that this would have to be forwarded to the State no matter what they decided on the issue. He urged they not give up their right to home rule for the City. He pointed out that not all of Attorney Eisen's facts were supported. He referred to the 14 homes adjacent and noted that only one spoke in favor of the rezoning. The area of Silverlake was not in favor. He felt that many hours had been spent listening to the citizens. After that the process for evaluating the land use plan was begun. Mr. Cassandra referred to the fact a previous request had come before the Commission before Mr. Milnor owned the property, and the City had not seen fit to change it to commercial. It has always been residential, and he -10- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 did not understand how Attorney Eisen could say to keep it as residential would be spot zoning. Mr. Cassandra strongly recommended the Commissioners vote against the requests for the rezoning of the Alhambra projects. Gregg Rasor, 1164 S.W. 23rd Avenue, Editor of the Golfview ~omeowners Association Newsletter, represented the 623 homeowners in Golfview Homeowners Association. At their ~ost recent meeting they voted on a firm position of where ~hey stood on the rezoning requests. They opposed develop- ment of the land for any use other than R-1AA single family ~esidential. He noted they attended the public hearing on December 15, 1988. He felt that approval of the rezoning would degrade his property and increase traffic. Mr. Rasor ~tated that the votes were unanimous at the P&Z Board ~eeting to deny the requests for rezoning. Mr. Rasor stated ~here was presently 1/2 million square feet of commercial ~pace available at this time. He saw no need for this area o be zoned commercial. It would be inconsistent with the City's plan as well as the County's plan for long term planning. He urged the Commissioners to vote against the request for rezoning. ~nthony M. LaFerrera, 2370 S.W. llth Street, stated that he lives on 23rd Avenue east of the proposed development. He had heard the Attorney for the developer state that the people living east would not be affected by the change as they are removed from the situation. He stated that if a person can see and smell something, they are affected by it. He felt that being a block away, he would be able to see, ~mell and hear it. He felt there would be an increase in traffic if the zoning is approved. He also asked if appro- yal of these requests would cause 23rd Avenue (Golf Road) to be widened at any time. Mr. Annunziato stated that it is ~ot in the five year plan, but the right-of-way would be there to expand the street to one similar to Seacrest. If the traffic reaches 13,000 per day, pressure would be put on ~alm Beach County to improve the road. Mr. Annunziato felt ~hat the trips per day on Golf Road at present are 7,000 to 8,000 and Congress Avenue is in the 20,000 range. Mr. Annunzlato stated that the Planning Staff had no problems With the traffic impact study presented. Reino Johnson, 1409 S.W. 25th Avenue, stated there is an ACLF and a nursing home 1/2 mile south of Golf Road on Congress Avenue which was built two years ago after the right to build as C-1 was refused. Mr. Johnson stated that Leisureville has at least 9 homes opposite the proposed ACLF as well as Golfview home owners living across the canal facing the proposed ACLF. On the back of the ACLF -11- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 (infringing on Lake Worth Drainage District property) are 34 parking spaces. The parking spaces face 9 homes directly behind them. The homes will be within 100' of the resi- dents. The ACLF would be a 24-hour a day operation with 3 shifts of people coming in at all hours. Lights would shine into the backs of the homes where the bedrooms are located. There will also be noise from the automobiles. Mr. Johnson ~anted to know how allowing commercial property to come into %his area would enhance the property value. He did not ~nderstand how parking spaces could be allowed on L.W.D.D. property. He thought that was public property. He referred ko the statement by Attorney Eisen that the 25,000 trips per day on Congress made it impossible to build residential pro- perty at that location. He noted that the residents of Golfview Harbour are behind a 4' fence and those same cars Bo not seem to be a real problem for those residents. As no one else wished to speak AGAINST the applications, ~ayor Marchese asked if anyone wished to speak IN FAVOR of the requests. W. D. Ford, 1467B S.W. 25th Place, could not see that it would do anything but improve the area. He felt that office space was needed in this area. In answer to a question from Commissioner Olenik, Mr. Ford ~tated that he lives in one of the townhomes. ~artie Wrock Ryland, 1311 S.W. 25th Avenue, stated that she is a homeowner and has lived in Golfview Harbour since 1976. She owns a villa on 28th Avenue as well. She felt that living across from the proposed facility would in no way be a detriment to her or her home. In answer to Commissioner ©lenik's question, she stated that she has a single family Rome as well as a villa. Salvatore Catalo, 4828 S. Lake Drive, stated that he is a ~eal estate appraiser with offices in Boca Raton. He has )een an appraiser since 1970. He wished to point out that one must look at the highest and best use of land. As an ~ppraiser he has done all types of commercial, industrial, and residential appraisals. The first thing they look for is the highest and best use for the property. This means What is legally and physically possible to give the best and ~ighest return for the land. Mr. Catalo had researched what is happening in Silverlake Estates in the way of land value as well as home value. He found recently that five homes have come on the market along Golf Road and three homes are directly across from the area under question. He believed -12- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 this was due to the six-lane highway. He looked at this property as being on Congress Avenue. He stated that the average prices listed for homes in Silverlake Estates run from $182,000 to $225,000. Property being listed or sold in Golfview Harbour, Section II as well as Leisureville runs from $99,000 to $140,000. He noted that Planning had said that if this property is 60 lots it would be valued at $80,000 per lot. Where the ACLF is might go to $80,000 to $90,000. A lot just sold in Cranbrook Lakes East, Lot 8, which backs up to Congress for $40,000. There are no vacant lands to speak of in Golfview Harbour or Leisureville as it is built out. It would be impossible to come up with ~80,000, which means that the property must be commercial. Commissioner Olenik felt there were things to consider other than highest and best use. He referred to the property the City has just purchased on the water for recreational use. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Motion on Land Use Element Amendment and Rezoning of Alhambra Square North Vice Mayor Hester moved to deny the request for an amendment go the Future Land Use Element of the Comprehensive Plan f!rom "Moderate Density Residential" to "Office Commercial" and rezoning from R-1AA (PUD) (Single Family Residential) to 4-1 (Office/Professional) for the purpose of allowing ~onstruction of a 66,600 square foot professional/medical dffice complex located South Congress Avenue at Golf ~oad, northwest corner on known as Alhambra Square North. Motion was seconded by Commissioner Olenik. ommissioner Olenik commented that his reason for not pproving the requests have nothing to do with the marketa- ility of commercial property in the City. It did not tter if there was an abundance of commercial property in e City. What was at issue is that Golf Road (S.W. 23rd ~venue) has been and should be a residential road, even t~ough it crosses Congress Avenue. He referred to property along 1-95 which is residential. He stated there is resi- dential development on the western side of this intersection amd he felt that it should be good on the eastern side as w~ll. M~yor Marchese commented that the P&Z Board and Staff com- ments point out that this change would change the character o!f the area. -13- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 A vote was taken and the motion to deny the request carried 4-0. Motion on Land Use Element Amendment and Rezoning of Alhambra Square South Commissioner Weiner moved to deny the request for an amend- ment to the Future Land Use Element of the Comprehensive Plan from "Low Density Residential" to "Office Commercial" and rezoning from R-1AA (Single Family Residential) to C-1 (Office/Professional) for the purpose of allowing construction of a 57,800 square foot professional/medical office complex and a 3,000 square foot branch bank with drive-through facilities located on South Congress Avenue at Golf Road, southeast corner known as Alhambra Square South. Motion was seconded by Vice Mayor Hester. Commissioner Olenik wished to make the same comment as he made for Alhambra Square North. A vote was taken and the motion to deny the request carried 4-0. Motion on Land Use Element Amendment and Rezoning of Alhambra Square ACLF Commissioner Weiner moved to deny the request for an amend- ment to the Future Land Use Element of the Comprehensive Plan from "Low Density Residential" to "High Density Residential" and rezoning from R-1AA (Single Family Residential) to R-3 (Multi-Family Residential) for the purpose of obtaining Conditional Use approval for a 130 bed adult congregate living facility (ACLF) for Alhambra Square ACLF. Motion was seconded by Commissioner Olenik. Commissioner Olenik again made the same comment as stated under No. 1. A vote was taken and the motion to deny the request carried Comments by City Attorney Rea City Attorney Rea referred to the report (Addendum "A") which was accepted for the record. It was noted that the City Commission did not have a copy of this report, but would be provided one on Janaury 5, 1989 by the City Clerk's Office. City Attorney Rea wished to introduce Staff reports dated December 10, 1988 (copies of which are located in the Office of the City Clerk in the Applicant's file) and December 9, 1988 (copy of which is located in the Applicant's -14- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 file in the Office of the City Clerk). Mr. Eisen had no objections. The following are also located in the appli- Cant's file in the Office of the City Clerk: 98 individual petitions from Golfview Harbour residents opposing the rezoning; 6 pages which include a letter, map and petitions from residents of Golfview Harbour Estates, Inc.; a letter ~rom Carmen L. Ford opposing the rezoning; a petition from Cedarwood Villas Homeowners Association Board of Directors ~upporting the rezonings; and the Resolution from Cranbrook ~ake Estates Homeowner's Association, Inc., opposing the rezonings. These items were recommended to be entered into the permanent records in the Office of the City Clerk. Commissioner Olenik moved to enter into the official records ~he two memoranda dated December 10, 1988 and one memorandum Bated December 9, 1988 related to the requests for Land Use Amendment and Rezonings for the Alhambra projects. Motion Was seconded by Vice Mayor Hester and carried 4-0. Discussion regarding Alhambra Square ACLF request for Conditional Use Approval to construct a 124 bed ACLF on 5 acres Mr. Annunziato stated that since the rezoning had not been approved rendered this application moot. After further discussion, Attorney Eisen formally withdrew the request for Conditional Use for Alhambra Square ACLF. After a short break, the meeting resumed at 7:25 P. M. 5. Project Name: Agent: Owner: Location: Legal Description: Description: Jonathan's Grove Kieran J. Kilday Kilday & Associates Richard D. Johnson East side of Lawrence Road, approxi- mately 700 feet south of Hypoluxo Road The N½ of the S½ of the NW~ of the of Sec. 7, Twp. 43 South, Range 43 East, Palm Beach County, Florida, excepting therefrom a strip of land 40 feet in width on each side of the center line of the County road and excepting any right-of-way for any and all public roads and easements, restrictions of record; containing approximately 10 acres Request to annex a 9.38 acre tract of land -15- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 6. Project Name: Agent: Owner: Location: Legal Description: Description: Jonathan's Grove Kieran J. Kilday Kilday & Associates Richard D. Johnson East side of Lawrence Road, approxi- mately 700 feet south of Hypoluxo Road See "Legal Description" under "5" above. Request to show annexed land as "Low Density Residential" and to rezone from AR (Agricultural Residential) to R-lA (Single Family Residential) to permit the development of a 33 lot single family subdivision Jim Golden explained the location of the subject project, and stated there is a mature citrus grove on the property which is commercially productive. He noted that in 1985 the project was processed under the name of Honeybell Hollow (a townhouse project). In 1985 Staff recommended that the PUD be denied as the desire was to keep the land for R-1AAA zoning for large single family homes to be constructed with low density land use. The desire was to keep the area rural ~n nature and optimize preservation of the citrus grove. The applicant withdrew his request at that time. In 1986 When the 1986 E&A Report was adopted, this area was included in Area 45 which was to be comparable with the developed parcels in the area. The gross density was to be not more than 3 dwelling units per acre. Staff recommended rezoning ~o R-1AAB or a higher zoning district such as R-1AAA. The applicant is requesting R-lA zoning. On December 15th, the p&z Board voted 6-0 to annex the property. The vote on the Land Use and Rezoning was to approve 4-2 subject to staff ~omments which included the recommendation that the zoning Category be changed to R-1AAB. Mr. Lehnertz was in favor of R-1AAA zoning and Mr. Walshak felt that R-lA would be ade- quate. in answer to Commissioner Olenik's question, Mr. Golden Stated that R-1AAB would place the project just under 3 ~nits per acre (2.8). The lots would be 9,000 square feet per lot. Kieran J. Kilday, Kilday and Associates, came forward to represent Mr. and Mrs. Mangiacapra, contract purchasers of the property. The Mangiacapras are developers who currently build single family homes in Boynton Beach. They wish to develop a single family subdivision located on Lawrence Road. Mr. Kilday stated that the only real issue -16- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 was what zoning district was appropriate. The developer noted that the property is only 334' wide and very long (over 1200' in length). When the land is laid out with a 60' right-of-way and 100' cul-de-sac (per City standards), they end up with lots which are extremely deep lots. They are 137' deep as a minimum. Fir. Kilday referred to some drawings of what the lots would look like for the three zoning categories. R-1AAB would allow for a 9000 square foot lot minimum, but would allow for 100' depth and 90' ~rontage. They would end up with a 12000 square foot lot if they designed a 137' lot with a 90' frontage. By going to R-lA the minimum frontage would be 70' and the depth would be 137' and the overall lot area would be 9590 square feet as the smallest lot. Mr. Kilday requested that they be annexed in and allowed the R-lA designation, with the stipulations that the minimum lot ~ize would be 9590 square feet and they would keep the 1800 ~quare feet of livable area in the homes. He showed some floor plans and elevations of the type homes the Mangiacapras build. Mr. Kilday continued that if they take the 90' frontage requirement and apply to this subdivision, they would lose six lots and end up with 27 lots. He had done a survey of the developments in the surrounding area. All those appro- vals had been for a much higher density than they were ~equesting. This is a mixed use area. They wish to build a quality product but must be cognizant of the surrounding properties. There are some nurseries and housing which has been neglected, as well as nice homes. To lose six lots by Coming up with 12000 square foot lots would make it very difficult as this would be out of character with the area. Hr. Kilday stated they do wish to come into the city and plan to use City water and sewage. They will pave streets and sidewalks. He noted from the Staff notes that in the City of Boynton, of all the future housing, it is expected Ghat at build out there would be an additional 125 lots exceeding 8000 square feet. He felt that their request was Very compatible with the City's needs. Mayor Marchese clarified that what the developer was really ~equesting was an R-lA so that a house in excess of 9500 square feet could be built, and would allow them to keep the six lots they would lose otherwise. Commissioner Olenik had a procedural question, and asked if it would be possible as the City annexes them in to make stipulations on the approval. Mr. Annunziato felt that with -17- MINUTES - SPECIAL CITY COM/~ISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 the adoption of the 1985 Comprehensive Plan that lopment orders could be issued with conditions. are land development orders by definition. land deve- Rezonings Mayor Marchese asked if there would be any real problems with allowing the developer to put in his 33 homes in accor- dance with his request for R-lA. Mr. Annunziato stated they had taken the position there was an established character. He referred to the homes to the north and west which are on ~arge lots. That happended as they are built with well and ~eptic tank and the minimun requirement is one acre. One ~cre lots in a rural setting have resulted in some rather Substantial homes being built. They were concerned about preserving that type of residential character. He pointed Qut the properties to the north noting the excessive lot ~izes. Mr. Annunziato felt this would be a quality deve- lopment but the issue was whether or not it made sense in ~his rustic setting with orange groves to have lots with 70' ~rontage with fairly large homes. He felt the homes could ~ossibly be built from setback to setback. This could reate a view of houses on top of houses. Mr. Annunziato ~sked Mr. Kilday if he felt there was another alternative in ~his case than what he had proposed. Commissioner Olenik asked if the property had been a ~arrower piece, and R-1AAB had 9000 square feet minimum, if tihey could still be building from setback to setback. The lionger lots would allow them greater open space from front tio back. Mr. Annunziato stated the difference was in lot firontage. R-lA could be as low as 60', R-1AA is minimum of 70', and R-1AAB is 90' Mr. Kilday stated that every lot is very critical to the eveloper. They had put in a lift station for the water and siewer. To go to R-1AA (70' minimum frontage) would mean a lioss of 2 lots out of this subdivision. That would be bet- ~een the staff recommendation and the developer's recommen- dation. He noted this sounded like a good compromise, but hle did not feel that an extra 5' would visually make much diifference in the neighborhood. It would make the cost of s~reading, out of water, sewage and roads more of an economi- cal Impact on the development. Every lot is important when r~ferring to only 33 lots. M~yor Marchese did not feel that the narrower lot would make that much difference since the lots are 137' deep. City Manager Cheney asked what the side yard would be, and Mr. Annunziato replied 7½'. Mr. Kilday stated that the plans they had shown at this meeting would all allow a couple of feet above the setback. -18- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 Commissioner Olenik asked if the stipulation would go with the land and not the owner. Mr. Annunziato stated it would be their position that the stipulation would go with the land as it goes with the rezoning. As this was a PUBLIC HEARING, Mayor Marchese asked if anyone wished to speak in favor of the request. Beverly Mangiacapra, 703 $.W. 24th Avenue, with a business at 310 South Federal, came forward to speak in favor of the request. She has owned Boynton Bay Realty for nine years. She does business in the City as well as west. They have built approximately 40 homes behind the Mall (which is County). They were not allowed to build any more than 1000 Square feet due to the septic tanks and wells. They wish to build bigger homes. She noted that the four homes being ~poken about are in the County. She did not feel that four homes should determine what goes into that area. She ~eferred to Lawrence Woods which has homes which are 60'. Homes that large in this area would not sell for the price Which would be required. She also noted some of the homes in Cypress Creek are built on 80' wide lots. Price wise it ~ould not be feasible to do this subdivision unless it can be done so they are in the market. She noted that with the ~epth of the lots they can set some back further or up further. It will also be walled all around and would be a ~irst class subdivision. She felt the property values around would be enhanced and not hurt. Mayor Marchese asked if anyone wished to speak AGAINST the project. Morgan S. Bragg, 3989 71st Avenue South, came forward. He lives in one of the four homes which are north of the pro- ~ect. He represented the other property owners on 71st %venue South. He also felt he spoke for the owner of the parcel immediately south of this project (K&W Nursery). He ~ave the square footage of the homes in his area and the acreage of each. Parcel ~308 has a 3/2 home with family room on 1.6 acres which Mr. Bragg owns and rents out. %308 is a two story home with 4000 square feet on 2.15 acrea. It mas setbacks of approximately 90' on each side. There is a major front yard as the house is set back towards the back of the lot. East of that is a parcel with 2.17 acres with a 3/2 home of approximately 2500 suqare feet. %310 has 1.69 acres with a 2200 square foot home located on it. On the end is another 1.69 acre lot with approximately a 2500 square foot home on that. All the homes except 307 face south. West of Lawrence Road are parcels which are approxi- mately 1 acre. Mr. Bragg noted that in 1976 the request to -19- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 rezone was denied as it was not compatible with the neigh- borhood and would create a higher density than required. He felt that the parcel would be developed residentially. He felt the area had not changed except for developments which are located 1/2 to 3/4 of a mile south of Lawrence Road. In the immediate area, everything looks the same. With the 70' wide lots with 7½' setbacks all you would see would be a Wall of homes from 71st Avenue. They were concerned about looking at the backyards of approximately 4 homes from each 6f their properties. He understood that it was not a con- ~ition which could be imposed to build a wall. Mr. Annunziato agreed it was not a zoning code requirement. Mr. Bragg was concerned about things being stored in the backyards as well. He requested that the proposal be denied. He noted that it would exceed the density allowed for the area. He also stated that the owners of the four homes north of this property are not presently in the City, but he felt that at some point in time they would be brought into the City. As no one else wished to speak IN FAVOR or AGAINST the request, THE PUBLIC HEARING WAS CLOSED. Motion on Annexation Commissioner weiner moved to approve the request to annex a 9.38 acre tract of land known as Jonathan's Grove located on the east side of Lawrence Road, approximately 700 feet south 6f Hypoluxo Road. Motion was seconded by Vice Mayor Hester and carried 4-0. Motion on Land Use Element and Rezoning Commissioner Olenik stated that a wall was not required by law, but asked if the developer would consider providing a ~all to berm the area to the north. Mr. Kilday stated that they always wall their developments, and they would be happy to stipulate to that. Vice Mayor Hester felt this was getting to be a walled in City. He felt hedges might be OK, but personally he was tired of seeing so many walls. Commissioner weiner asked if she could make the motion sub- ject to staff comments. City Attorney Rea asked if the staff comments related to the zoning and was told that was the case. Mayor Marchese asked if they could approve the 33 lots as R-lA how the motion was to be made. City Attorney Rea stated that should be subject to staff comments and the stipulations made. -20- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 Commissioner Olenik moved to approve the request to show annexed land as "low Density Residential" and to rezone from AR (Agricultural Residential) to R-lA (Single-Family Residential) to permit the development of a 33 lot single- family subdivision known as Jonathan's Grove subject to the following stipulations: 1) minimum lot size be 9590 square feet, 2) the minimum lot frontage be 70', 3) that a wall not ~o exceed 6' be built on the north boundary of the property, 4) that there be a minimum living area of 1800 square feet, and 5) subject to all staff comments which are not in ~onflict with the stipulations. Motion was seconded by ice Mayor Hester. ~ vote was taken and the motion carried 3-1 with Commissioner Weiner voting against the motion. ~ question was raised regarding the need for a super majority vote, but City Attorney Rea stated this was not ~ecessary as this would be coming before the Commission ~gain for first and second reading at which time the super majority rule would apply. Project Name: Agent: Owner: Location: Legal Description: Description: Winchester Tract ~1 Bill Ray Winchester Bill R. Winchester Elsie A. Winchester North Congress Avenue at Old Boynton Road, southwest corner See "Addendum C" attached to the original copy of these minutes Request to annex an 18.02 acre tract Project Name: Agent: Owner: Location: Legal Description: Description: Winchester Tract %1 Bill Ray Winchester Bill R. Winchester Elsie A. Winchester North Congress Avenue at Old Boynton Road, southwest corner See "Addendum C" attached to the original copy of these minutes Request to show annexed land as "Agriculture" and to rezone from AR (Agricultural Residential) to AG (Agri- culture) to allow for future commercial development -21- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 Project Name: Agent: Owner: Location: Legal Description: Description: Winchester Tract 92 Bill Ray Winchester Bill R. Winchester Elsie A. Winchester Ernest Klatt West Boynton Beach Boulevard at Winchester Park Boulevard, northwest corner See "Addendum D" attached to the original copy of these minutes Request to annex a 28.88 acre tract of land 10. Project Name: Agent: Owner: Location: Legal Description: Description: Winchester Tract ~2 Bill Ray Winchester Bill R. Winchester Elsie A. Winchester Ernest Klatt West Boynton Beach Boulevard at Winchester Park Boulevard, northwest corner See "Addendum D" attached to the original copy of these minutes Request to show annexed land as "Agriculture" and to rezone from AR (Agricultural Residential) to AG (Agriculture) to allow for future commercial development 11. Project Name: Agent: Owner: Location: Legal Description: Description: Winchester Tract ~3 Bill Ray Winchester Bill R. Winchester Elsie A. Winchester Winchester Park Boulevard at the L.W.D.D. L-24 Canal, northwest corner See "Addendum E" attached to the original copy of these minutes Request to annex a 3.43 acre tract of land 12. Project Agent: Owner: Name: Winchester Tract %3 Bill Ray Winchester Bill R. Winchester Elsie A. Winchester -22- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 Location: Legal Description: Description: Winchester Park Boulevard at the L.W.D.D. L-24 Canal, northwest corner See "Addendum E" attached to the original copy of these minutes Request to show annexed land as "Agriculture" and to rezone from AR (Agricultural Residential) to AG (Agriculture) to allow for future commercial development Mr. Golden explained the subject requests noting the loca- tion of each. The applicant wishes to get the land annexed into the City; however, the future use is not intended to be ~gricultural. This designation would get it into the City and place it in a holding category pending negotiation with a future contract purchaser who would develop it for commer- Qial purposes. This would then be processed by the City ~ather than by the County as the parcels are developed. The ~pplicant has not proposed commercial development at this time, as the DRI process would likely be triggered and the applicant is not in position to take a DRI at this time. W~nen the property is developed as commercial in the future it should be developed in a uniform manner as a planned evelopment rather than a C-3 zoning category. At the P&Z oard public hearing held on December 15th, they unanimously oted to approve all three requests subject to staff com- ments. This included annexation, land use and rezoning ~equests. The staff listed anticipated tax revenue if the harcels are annexed and developed for commercial purposes in e City. There was further discussion regarding the pro- erty and other County pockets in the area. Mr. Annunziato stated that the Planning Department has ~ecognized for many years that for this property to be deve- loped commercially roads and utilities would have to be pro- ided. They felt this property is a regional resource. It s between a mall and a shopping center with a road on its est. It is an ideal location for commercial development. e noted that due to the City's procedures, the parcel has ecome very cumbersome to deal with. The staff feels the ~ollowing requirements are important: 1) that the property ~e developed in Boynton Beach who would be the deliberator f the development and issue the development order, and 2) hat it be developed in a unified manner so that roads, etc. ~an be evaluated. The traffic impact has been figured into ~his property being developed commercially from the onset, and would not impact additionally on the area. Mr. Winchester prepared the applications at Mr. Annunziato's -23- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 request. This would allow the process to be defined as to how it will go in the future. Mr. Annunziato stated this would go to the State in a holding category. If it comes back as a viable application, the next step would be for the applicant to submit a plan for unified control. Commissioner Olenik was concerned about traffic performance Standards and any problems which might occur. Mr. Annunziato stated the City will probably have to adopt the level of service "D" for many of its roads. Boynton Beach Boulevard even if nothing is done, will probably be level of Service "E." Mr. Annunziato felt there would be interesting discussion over the next several months as the County-Wide Traffic Performance Ordinance develops and the Council adopts policies for recommending granting exceptions. City Manager Cheney noted this will be a problem which will ~evelop all up and down the east coast. This will affect ~he development to the west, but east of Congress and possibly east of Military Trail will have to be considered. Some exceptions will have to be approved as even at this point if nothing is done the performance standards cannot be met. The County must face spending money to remedy the situation, or accept the fact nothing can be done and grant an exception. There was discussion regarding changing from AR to AG and Mr. Annunziato stated that the AR designation is a County One and AG is the term the City uses. They are both agri- Cultural categories. ~ayor Marchese asked if anyone wished to speak IN FAVOR of the request. Bill Wincheser, 9290 Nichols Boulevard, was present to ~epresent the requests. He was in favor of going ahead with the annexation at this time to give them time to explore Some development agreements with the City which would bene- fit both. The land is not agricultural land, but they feel it should be developed as commercial. They would use the time to work out a development agreement which would benefit the developer as well as the City. As no one wished to speak AGAINST the request the PUBLIC NEARING WAS CLOSED. -24- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 Motion on Annexation - Tract Vice Mayor Hester moved to approve the request to annex an 18.02 acre tract of land, Winchester Tract ~1 located on North Congress Avenue at Old Boynton Road, southwest corner subject to staff comments. Commissioner Olenik seconded the motion which carried 4-0. Motion on Land Use Element and Rezoning - Tract Commissioner Olenik moved to approve the request to show annexed land as "Agriculture" and to rezone from AR (Agricultural Residential) to AG (Agriculture) to allow for future commercial development, Winchester Tract ~1 located on North Congress Avenue at Old Boynton Road, southwest corner subject to staff comments. Motion was seconded by Vice Mayor Hester and carried 4-0. Motion on Annexation - Tract ~2 Commissioner Weiner moved to approve the request to annex a 28.88 acre tract of land, Winchester Tract 92, located on West Boynton Beach Boulevard at Winchester Park Boulevard northwest corner, subject to staff commentsl Motion was seconded by Vice Mayor Hester and carried 4-0. Motion on Land Use Element Amendment and Rezoning - Tract 92 Vice Mayor Hester moved to approve the request to show annexed land as "Agriculture" and to rezone from AR (Agricultural Residential) to AG (Agriculture) to allow for future commercial development, Winchester Tract ~2, located on West Boynton Beach Boulevard at Winchester Park Boulevard northwest corner, subject to staff comments. Motion was seconded by Commissioner Olenik and carried 4-0. Motion on Annexation - Tract 93 Commissioner Olenik moved to approve the request to annex a 3.43 acre tract of land, Winchester Tract ~3, Winchester Park Boulevard at the L.W.D.D. L-24 Canal, northwest corner, subject to staff comments. Motion was seconded by Commissioner Weiner and carried 4-0. -25- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 Motion on Land Use Element Amendment and Rezoning - Tract ~3 Commissioner Weiner moved to approve the request to show annexed land as "Agriculture" and to rezone from AR ~Agricultural Residential) to AG (Agriculture) to allow for ~uture commercial development, Winchester Tract ~3, Winohester Park Boulevard at the L.W.D.D. L-24 Canal, north- Best corner, subject to staff comments. Motion was seconded by Vioe Mayor Hester and carried 4-0. OTHER Request from St. John's A.M.E. Church to hold Carnival Commissioner Olenik asked if a solution had been worked out With the City Manager regarding his request. City Manager Cheney stated that the problems have been resolved. The Carnival will be held at the alternate site and the City does not have to be involved other than to relocate their parking lot for the period of time the Carnival is in progress. 22nd Avenue Opening ~ity Manager Cheney stated that Steve Deutsch had said that 22nd Avenue would be open on January 5, 1989. The City will 4o out tomorrow and look at that area, but City Manager Cheney doubted that it would be ready to open. The County Would be contacted as well since they paid for half the cost Of the bridge. If everything is acceptable, it will be ~ccepted without the street lights which will not be ~perable prior to April. This was not a cause for concern Since many streets operate without lights in the City. City Manager Cheney felt the road may not be approved as he ~uspected there might be some things which are not complete ~t this time. Commissioner Olenik asked about reflectors ~eing required, and City Manager Cheney stated he would qheck the DOT standards on this. There was also discussion about construction going west to Military Trail which is ~ngoing. ADjouRNMENT There being no further business to come before the Commission, the meeting properly adjourned at 8:30 P. M. -26- MINUTES - SPECIAL CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JANUARY 4, 1989 ATTEST: City C~rk Recording Secretary (Three Tapes) CITY OF BOYNTON BEACH Commissioner -27-