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Minutes 07-02-86MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA WEDNESDAY, JULY 2, 1986 AT 8:00 P. M. PRESENT: Nick Cassandra, Mayor Carl Zimmerman, Vice Mayor Robert Ferrell, Councilman Ezell Hester, Jr., Councilman Dee zibelli, Councilwoman Peter Cheney, City Manager Betty Boroni, City Clerk William Doney, Assistant City Attorney I. OPENINGS A. Call to Order Mayor Cassandra called the meeting to order at 7:55 P.M. Mayor Cassandra noted the meeting was commencing earlier because Councilwoman Zibelli has a request to make of the people in the audience, as well as the Council. Ms. Zibelli advised she works in the Police Department in the City of West Palm Beach, and stated one of her co-workers, a 24 year old boy, passed away. Ms. Zibelli requested the Board mem- bers and the people in the audience have a moment of silence in his memory. Mayor Cassandra advised there was a request to put a time limit on the meeting, and if the items are not covered, the meeting would be continued on July 14, 1986. Mayor Cassandra asked for a motion from the Council to set a time limit of 10:00 P.M. Mr. Ferrell made a motion to set a time limit of 10:00 P.M. on this meeting, seconded by Mrs. Zibelli. The motion carried 5-0. II. PUBLIC.HEARINGS A. Comprehensive Plan Evaluation and Appraisal Report Mr. Annunziato stated on behalf of the Planning and Zoning Board, he was pleased to transmit to the Council the Evaluation and Appraisal Report, which is a report card on the city's activities since 1979, in respect to the Comprehensive Plan. - 1 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 Mr. Annunziato advised the Planning and Zoning Board spent many hours reviewing this document, and conducted five workshops, two PUBLIC HEARINGS, and an additional meeting last Monday night. He noted ~hat the Council members found in their mail boxes that day the results of these meetings regarding the Comprehensive Plan, and a list of 45 specific actions which were recommended by the Planning and Zoning Board. Mr. Annunziato stated that the Planning and Zoning Board also made the finding that the Evaluation and Appraisal Report met the statutory requirements. Mayor Cassandra stated the PUBLIC HEARING would begin, and the Board members would listen to the people, and then the Board will have their PUBLIC HEARINGS to decide on the recommendation. He advised the people in the audience that the City Council Chambers has a new PA System which the City is trying out, and asked the audience to bear with some of the speaker problems encountered at the meeting. Regarding the first item on the Agenda, the Comprehensive Plan Evaluation and Appraisal Report, Mayor Cassandra stated he was going by a list of names which he would arbitrarily select. Public Comments Kathleen Kirton Golf View Harbour Homeowners Association Spokesperson 2526 S. W. 13th Court Boynton Beach, Florida Summary of Matter to Be Addressed Mrs. Kirton advised the Council had received approximately 22 pages of signatures of petitions from owners in Golf View Harbour requesting the Council deny the recommendation of the staff to lower the zoning at the southeast corner of Congress Avenue and 23rd Avenue, and also deny any request for commercial at that point. Mrs. Kirton believed the R-1AA zoning should remain "status quo." She understood the Planning and Zoning Board voted - 2 - MINUTES - SPECIAL CITY COUNCIL BOYNTON BEACH, FLORIDA July 2, 1986 7-0 at the Monday night meeting to recommend that the zoning at this point remain R-1AA. Mrs. Kirton noted that the Golf View Harbour Homeowners Association was grateful to the Planning and Zoning Board for their recommendation. Mrs. Kirton stated the land she is referencing covers the area of Congress Avenue at 23rd Avenue and up to 12th Street, and consists of about 10 acres of land which runs south along 23rd Avenue, and is zoned R-1AA at 12th Street at the present time. Across the street is Leisureville, which is zoned R-1AA. She noted the entrance to this area would have to be on 23rd Avenue because several years ago, 24th Avenue was abandoned. Across the street from Congress Avenue, there is Silverlakes Development, which is also zoned R-1AA. The City has, in the past, required the de- velopers to conform to this zoning. Therefore, the Golf View Harbour Homeowners Association believes it is fair and logical that the zoning of this vacant land remain R-1AA. Mrs. Kirton advised there is a growing need in the City of Boynton Beach for single-family homes. She stated Golf View Harbour is a unique area. There are many families and retirees living in Golf View Harbour, and all the residents live in harmony. The residents enjoy their neighborhood, and want to upgrade it. She feels it is a great place to live since it is close to the Emergency Ambulance, the Hospital, the Boynton Beach Mall, Caloosa Park, the Post Office, and many shopping centers. Mrs. Kirton noted 23rd Avenue is a two-lane secondary road, which is mostly residential from Seacrest Boulevard to Military Trail. It has never been recommended that 23rd Avenue be other than a secondary road. It would be unaccep- table to rezone this area for high density. There would be an impact of traffic that would hinder the City's emergency vehicles which use 23rd Avenue as an access road to the hospital. Mrs. Kirton advised that the Golf View Homeowners Association has about 350 names on file. There would have been more names on the list, but most of the residents in the area are away during this time of the year. - 3 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 Mrs. Kirton courteously urged the Council to protect the property investments in Golf View Harbour. She would like to keep the peace and tranquility she now enjoys. As an additional comment, Mrs. Kirton stated there are not many neighborhoods in the City of Boynton Beach which have canals and lakes as Golf View Harbour does, and noted many of the residents own boats. She stated it is "neat" to take a boat ride to Lake Ida or John Prince Park, and noted this is a family-type recreation. Ms. Kirton reiterated it is a nice place to live, and she wants the immediate area to remain zoned single-family residential. Mrs. Kirton is requesting the Council to accept the Planning and Zoning Board's recommendation to keep the northeast and southeast corners of 23rd Avenue and Congress Avenue zoned R-1AA. Mrs. Kirton concluded by thanking the Council members for their time and patience. Morton Goldstein (Speaking for Roland Maranda) 130 N. E. 22nd Avenue Boynton Beach, Florida Mr. Goldstein stated he was appearing before the Council on behalf of Roland Maranda, who is developing a piece of pro- perty adjacent to Shooters on Federal Avenue. His concern and hope was that the Council will not take action to arrest the development of this piece of property. He noted it was in front of the Planning and Zoning Board at the present time. He showed the Council the location of the piece of the pro- perty. Mr. Goldstein described the location of the sections zoned C-3, C-4, and R-3. Mr. Goldstein advised the Planning and Zoning Board has recommended that the commercial piece zoned C-4 be rezoned C-3. He stated Mr. Maranda had no objection to that either. The C-3 property that fronts on Federal Highway is to be rezoned R-3, and Mr. Maranda has no objection to that rezoning. Therefore, the entire piece of property would be zoned R-3, all the way from Federal Highway to the Intra Coastal. The only lot on the Intra Coastal having any boat docking facilities - 4 - MINUTES - SPECIAL CITY COUNCIL BOYNTON BEACH, FLORIDA July 2, 1986 would be one lot in the far end, which has been cleared by the State already, and is the only one that is allowed by the State Code to have boating facilities. Mr. Maranda is requesting in the overall look at the Comprehensive Plan use that the Council allow him to develop the property. Mr. Goldstein noted it will be a showplace for the north end of the City. Mr. Goldstein who lives in the north end of the City personally believes this would also benefit the entire City. Mayor Cassandra confirmed that Mr. Goldstein had no objection with rezoning the property from C-4 to C-3, nor with zoning the front part of the property R-3, and that he agreed with the Planning and Zoning Board's recommendation. Mayor Cassandra questioned the concern of Mr. Goldstein. Mr. Golstein stated his concern involved a few residents who were disturbed With the commercial zoning, C-3 portion. He has already met the residents, and wanted to put their minds at rest by letting them be aware he had no objection to its being rezoned to R-3. Mr. Maranda hopes the Council will go along with the planning of this development. Gary Lehnertz 619 S. W. 2nd Avenue Boynton Beach, Florida Summary of Matter to be Addressed Density reduction of Parcel 944 Mr. Lehnertz stated he was approaching the Council as the Vice President of the Lake Boynton Estates Homeowners Association and as a resident of Lake Boynton Estates. Mr. Lehnertz advised the Homeowners Association and the residents favor and commend the City Planning Staff's recom- mendation to decrease the density in Area #44 from medium- density to low-density residential. He feels this decision to reduce the density would enhance the neighborhood and the City as a whole, since this is a major residential area to be developed. Mr. Lehnertz believes this decision would bring it into conformance with the density of his residen- tial area, which is already a low density area. - 5 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 In addition, Mr. Lehnertz believes that ultimately the entire City would benefit from this decrease in density, particularly the future residents of the area, when the area is developed. From what can be seen, he noted the Council can make a decision that will benefit the area of Lake Boynton Estates and the City as a whole, as well as the present and future homeowners and residents. On the other hand, their decision can benefit a group of businessmen, Palm Beach lawyers, and Miami developers who are only interested in "padding" their own pocketbooks. Mr. Lehnertz urged the Council to make a decision which would benefit the interests of the citizens of Boynton Beach, and not outside interests. Robert McDermott 702 N. E. 20th Lane Boynton Beach, Florida Summary of Matter to be Addressed Rezoning of Lots 7, 8, and 9 between Watersedge Townhouses and Shooters Restaurant. Mr. McDermott stated he was present to represent the Board of Directors of the Watersedge Homeowners Association. Mr. McDermott read a letter, which he presented to the Council. He also presented a petition, signed by approxi- mately half of the homeowners as well as letters from a few of the out-of-state homeowners who were unable to attend the meeting or to sign the petition. "At the June 18th meeting, the Board of Directors of the Watersedge Homeowners Association voted unanimously to oppose any change in the land use of Brown's lots 7, 8, and 9, bounded on the north by Shooters Restaurant, on the south by Watersedge Townhouses, on the east by the Intracoastal Waterway, and on the west by U. S. Route 1. - 6 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 Our Board is opposed to changes in land use from R-3, MUlti-Family ReSidential, to Commercial, for the fOllowing reasons: It will adversely effect the property values of the homeowners, living in watersedge. It has the potential for increasing crime and vandalism in the area. It will increase traffic congestion on Route 1, and it will increase noise in the area. We wish the Council members consider our con- cern when voting on Area 29 of the proposed Comprehensive Plan and Appraisal Report for the City of Boynton Beach." Mr. McDermott stated two weeks ago before the Planning and Zoning Board, one of the owners of Shooters appeared before the Board requesting that all three lots, 7, 8, and 9 be zoned commercial. Mayor Cassandra clarified that at the present time the Planning and Zoning Board has taken the front lot and made it all R-3 from Federal Highway to the Intra Coastal. He confirmed with Mr. McDermott that was his area of concern. Mayor Cassandra explained the C-4 parcel was upgraded to C-3 zoning, which additionally restricts what will be developed in that area. Mr. McDermott confirmed he had no disagreement with the proposal which was presented at this meeting. Mayor Cassandra noted that one of the owners stipulated at this meeting he was in agreement with the Planning and Zoning Board's recommendation. He believed that was a favorable solution for both sides. Kenneth B. Crenshaw 2945 S. Congress Avenue Lake Worth, Florida Summary of Matter to be Addressed Area 38 of Proposed New Land Use Recommendation. - 7 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 Mr. Crenshaw advised he represented the owners of the 4 acre parcel of land, located in Area 38, which is the northeast corner of the intersection of Congress Avenue and Golf Road. He stated this property previously had difficulty in develop- ing use to its designation as Governmental Institution. It is currently zoned R-1AA. He was gratified to see that the updated plan reflects a use which may allow for future devel- opment. This property is clearly unsuitable for single- family development due to its location at the intersection of two major arterial roads and its small size. Mr. Crenshaw stated the type of bumper which has been util- ized at Silverlakes would encompass half of this small pro- perty, leaving no room for the development of single-family residential lots. Mr. Crenshaw is requesting the Council consider another use other than R-3, which was recommended by Staff. Mr. Crenshaw advised the R-3 District would allow for 43 units to be developed. However, the same problems of small size and location of this site would create a serious problem in developing units to compete with the many larger developments or multi-family housing located in the imme- diate area. It was Mr. Crenshaw's concern that the quality of housing, which would develop due to the economic pressures of marketing units in this location, would not be of a quality comparable and compatible with housing adjacent and nearby. He requested the Council consider a professional office designation for this site. A small, low-rise professional center was suggested as an ideal compromise. Mr. Crenshaw noted centers of this type have a minimal impact on surrounding residential development. Their hours of operation are usually nine to five, with most offices being closed on the weekend. They do not generate garbage of any significance. There are minimal required deliveries by trucks and other service vehicles. In addition, this type of professional operation has a minimal impact on the traffic pattern. It can properly be buffered with landscaping, and act as a buffer between the busy intersec- - 8 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 tion and residential properties to the east, north and south. Such a development would not be bothered by the Fire Station, which abuts the property to the north. Mr. Crenshaw noted the Staff, in its language, recognized some form of commercial is probably appropriate to this piece of property. By this recommendation, it appears the desire is for the very least intensive, non-residential use for that type property. Mr. Crenshaw realizes the difficult decisions the Council makes in determining the future compatibility of existing and future developments. He stated he would appreciate the Council's consideration of this suggestion. Mr. Crenshaw commented this development would be an attri- bute to the CitY and add Substantially to the ta~ base. Mayor Cassandra apprised Mr. Crenshaw the Planning and Zoning Board did not recommend the subject area be zoned R-3, but that it remain zoned R-1AA. He confirmed the Staff's recommendations were not approved by the Planning and Zoning Board. It is currently R-1AA, and the Planning and Zoning Board recommended that it remain R-1AA. Mr. Crenshaw stated he had acknowledgement that the property shown on the Future Land Use Plan is public, private, and governmental/institutional use. Mayor Cassandra clarified at one time there was a concept to build a Church on the property. The request to build the Church was approved by the citizens of the area at that time. Subsequently, the request has been removed, and it was reverted to R-1AA. Mr. Crenshaw is requesting the Council to consider the devel- oper's position, and review the proposal. He noted at some point in time, Congress Avenue will be a six-lane road. It will be undesirable to have residential units located in that area, and would put children's lives in jeopardy. Vice Mayor zimmerman reminded Mr. Crenshaw there was an adverse reaction from many people by petition, and they desire it to remain R-1AA. - 9 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 Mr. Crenshaw reiterated he believed it would be a travesty for that intersection to have residential properties on the corners because when Congress Avenue is developed as a six lane road, it will not be a pleasant place to live. Vice Mayor Zimmerman pointed out that the southwest corner is already residential. In response, Mr. Crenshaw believed in some point of time, the City will recognize this property will be a desirable corner for a professional-type office structure, and would enhance the tax base more than having residential properties. A. Clyde Worrell 2668 S. W. 23rd Cranbrook Drive Boynton Beach, Florida Summary of Matter to be Addressed N. W. corner of Seacrest Boulevard and Boynton Beach Boulevard, Area 23. Mr. Worrell presented plans to the Council members in order to assist them in following his conversation. Mr. Worrell advised he represented the First Baptist Church, and was referencing the property on the corner of Seacrest Boulevard and Boynton Beach Boulevard. He noted this site includes approximately .913 acres in the present commercial zone, and the area contains the church building. The parking area is zoned residential, R-lA. The parking area is continued on the southside of N. W. 3rd Court, and is about .367 acres, giving the Church a total on the one corner of 1.28 acres. Mr. Worrel pointed out this is the property the Comprehensive Plan, Area 23, addresses. Mr. Worrell advised it is desirable to include the entire Church property in the commercial zoning district. Mr. Worrell is requesting the Council consider the fact the remainder of the Church property used for parking is bounded by N. W. 3rd Court, approximately .353 acres, and believes this property should be zoned commercial in order to allow the Church property to be in a single-zoned area. - 10 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 Mr. Worrell advised the only remaining property left, excluding the Church property, is held by four owners, and should also be designated commercial. Mr. Worrell is requesting that the Church property be zoned commercial, and the balance of the property, bounded by N. W. 3rd Court and Seacrest Boulevard, and Boynton Beach Boulevard be designated commercial to form a block of com- mercial property on a major corner in the City of Boynton Beach. Mayor Cassandra advised Mr. Worrell the Planning and Zoning Board did recommend the Church property be zoned all commer- cial with the stipulation "unity of title." The Planning and Zoning Board also recommended the abandonment of the road. Ralph Marchese 1901 S. W. Roma Way Boynton Beach, Florida Summary of Matter to be Addressed Item A1 of the Comprehensive Plan In reference to the Planning and Zoning Board and the City's recommendation to leave the northeast and southeast corners of Golf Road and Congress Avenue as R-1AA, Mr. Marchese stated he hears much talk about traffic impact and tax base. He acknowledged the residents live in this area because it is zoned R-1AA. Mr. Marchese stated the residents have been paying their taxes, and wondered if the developers who want to build an office building there would like to find an office building in their backyards. Additionally, Mr. Marchese believed it would be a travesty of justice if the Council did not follow the Planning and Zoning Board recommendations. Mr. Marchese strongly recommended that the Council vote for the people, and leave the subject property zoned R-1AA. - 11 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 Martin Perry 515 North Flagler Drive West Palm Beach, Florida Summary of Matter to be Addressed Evaluation and Appraisal Report - northwest corner of Interstate-95 and Woolbright Road - Parcels 25 and 44. Mr. Perry advised he was appearing before the Council on behalf of Tradewinds Development Corporation. He stated his comments are directed to areas 25 and 44, both of which effect property which is generally known as Woolbright Place PUD and the proposed Woolbright Place PCD. He noted the Woolbright Place PCD is the next issue on the Agenda for discussion at this meeting. Mr. Perry's concern with respect to the Evaluation and Appraisal Report for the land relative to area 25 is that the proposal that it be office commercial directly contra- venes the application which he has pending for discussion later this evening. Based on information which he has submitted in conjunction with the application for the PCD, Mr. Perry stated the clear factual evidence developed by his market analyst which has been submitted to the City, clearly indicates there is an over-abundanceof professional office space, and are recommending that all the area should go to professional office. The staff itself acknowledges there is an over- abundance of professional office space, and the market analysis which he presented to the City, and which is part of the record clearly reflects there is a need for the retail commercial which he is proposed. Therefore, Mr. Perry suggested that the recommendation in the Evaluation and Appraisal Report is not an accurate recommendation in terms of what ought to be there. With respect to the collector road which is also referred to in the Evaluation and Appraisal Report, Mr. Perry had a number of discussions relevant to the railroad crossing for the Winchester tract, which lies between the railroad and Interstate-95. In general, Mr. Perry did not object to Mr. Winchester's obtaining a crossing in this location. Of - 12 - MINUTES - SPECIAL CITY COUNCIL BOYNTON BEACH, FLORIDA July 2, 1986 significant importance is how this collector road, which is proposed, is part of the Winchester application which is also on the Agenda for this meeting. Mr. Perry stated the way the Evaluation and Appraisal Report lays the area out, they are showing the road as curving to the southwest as it moves west away from the railroad. The net effect is to bring the access road out at a point making it virtually impossible to have an access to the commercial area being created, whether it is retail or professional office. Mr. Perry stated he has submitted to the Planning and Zoning Board a letter from the traffic engineering firm of Barton-Aschman which directly references this issue and states that an industrial collector road should come out at a point no closer to Woolbright Avenue than approximately 1,000 feet to 1,200 feet in order to allow for access to the property between the collector rOad and Woolbright. To proceed on the basis of how the map shows it now as proposed by Staff, would in effect force the property south of that road to access the property directly from Woolbright Road. He did not believe under any circumstances the City Engineering Department would want to see this happen. Mr. Perry acknowledged that is part of the whole point for fixing the location of the proposed southwest 8th Street, which is also recommended, opposite Pylon Park. He further noted the object is to have one fixed point of entry, so that there is a convenient movement of traffic, and all the properties can be served properly off them. In considering this matter, Mr. Perry recommended the Council pay particular attention to the location of the collector road, as depicted on the map. He pointed out to the Council they would not find a location in the Evaluation and Appraisal Report, only on the map. Mayor Cassandra referenced Number 25, and confirmed with Mr. Perry that on Monday night, the Planning and Zoning Board recommended the property now zoned C-2 remain C-2 in the Comprehensive Plan. Mr. Perry stated it was an interesting point because the Planning and Zoning Board acts the Local Planning Agency for - 13- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 the City. He noted there is a staff recommendation in the Evaluation and Appraisal Report, which references the creation of the railroad crossing and the collector roads. Mr. Perry understood there was a vote on the railroad crossing. Assuming there is going to be a railroad crossing, Mr. Perry stated there necessarily must be a road to it. He stated that would create an area between the existing C-2 and the collector road, which currently is residential. Mr. Perry was not certain whether or not, without a recommendation from Planning and Zoning Board on that point, where that would lead the City from a legal prospective. Mayor Cassandra advised Mr. Perry that issue would be addressed by the Planning Director in order to make sure those items that might have slipped through will be brought to their attention in order that Mr. Perry's type of question will be. addressed where associated properties might be involved. Mr. Perry stated he is still maintaining that area should be zoned C-2 all the way up to proposed collector road. As to Area 44, which is the area which is currently the sub- ject of litigation between the Tradewinds and the City, Mr. Perry reminded the Council of the fact that it is in litigation, and that the outcome of any decision relative to these proposed changes will be subject to any determination made in the litigation. In addition, Mr. Perry advised he disagreed with the propo- sal in the Evaluation and Appraisal for many reasons. Most of the disagreements are from a planning prospective, and some from a common sense point of view. Mr. Perry recog- nizes certain geographical factors, which are the railroad tracks, Interstate-95, industrial zoned properties between the railroad tracks and Interstate-95, that is proposed to run from the existing crossing almost to the crossing of Woolbright and Interstate-95. In addition, Mr. Perry has proposed a recommendation for an 80 foot right-of-way through this property for S. W. 8th Street in order to provide access from Woolbright Avenue to Boynton Beach BOulevard. These factors are impacting the - 14 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 use of that property. He stated they are faced with a den- sity factor which exceeds the proposed density limitations in Leisureville to west, the railroad and the industrial area to the east, the commercial of necessity which already exists and which will be enhanced, whether the PCD is approved or not, by virtue of the industrial collector road proposed to come through the area. The only item Mr. Perry would agree with, in any substance, was the recommendation that perhaps multi-family residential should not be placed against Lake Boynton Estates. He acknowledged this is a planning factor, and can be accomplished without a significant reduction in the density. Mr. Perry concluded he is requesting the Council reconsider this language, and leave it exactly the way it is. Referencing Parcel 25 and 44, Mr. Kilday stated they are asking the parcels remain the same with a final deter- mination as to where the industrial access road will be located. This road seems to be the demarcation line between the residential use to the north of the industrial road and the commercial use to the sOuth. With regard to Residential Parcel 44, Mr. Kilday believed the moderate density, currently on the plan, is appropriate and consistent. He stated Leisureville to the west has developed within a moderate-density residential category, even though it is single-family homes. There are smaller lOts than what could be currently built under Codes and Ordinances. Mr. Kilday explained to the east of his property, there is the railroad tracks, industrial zoned property, and Interstate-95. The logical extension of land uses would be moderate density should be permitted in this area. He noted the Council is familiar with the ownership patterns, reviewed many times at previous meetings, to provide for an incentive to ensure some type of uniformed develop- ment in this area. In reading through the Comprehensive Plan, Mr. Kilday stated a significant portion of the plan concerns deteriorating areas within the City. He requested the Council take into MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 consideration the areas which are presently being built, and consider their condition ten to twenty years from now. Additionally, Mr. Kilday suggested the Council consider if there is a way to develop the new areas in order to lessen future deteriorating areas. After reviewing the Comprehensive Plan, Mr. Kilday noted of the 2,000 acres, suggested in this change, his parcel of property and the parcel Opposite the Boynton Beach Mall are the only two significant vacant parcels which are being effected. The parcel across from the Mall has been allowed to maintain moderate density. Within most of the remainder of the 2,000 acres, it basically represents areas which have currently built out. After reading through the Comprehensive on Commercial Area 25, Mr. Kilday pointed out it is the only area where traffic studies are specifically illustrated as the reason for down zoning the area. If that is the case, Mr. Kilday suggested within the City for consistency sake, all vacant properties which are going to impact Woolbright Road and Interstate-95 intersection should receive equal treatment. Mr. Kilday advised there are many vacant properties to the south and vacant industrial properties to the east. He noted all the properties will be contributing to any future traffic problems and should receive consideration. If down zoning is necessary, he suggested down zoning should be placed where there is an opportunity for the City. Expanding on this issue, Mr. Kilday stated that he discussed the intersection of Boynton Beach Boulevard and Congress Avenue with Mr. Annunziato. Referencing the 100 acre parcel he just mentioned, Mr. Kilday stated, if traffic is going to be a consideration, it should be applied in that area as well. He further stated those vacant residential and com- mercial properties south of the Mall deserve an equal eval- uation because in reading through ~rea 25, the reason for the down zoning recommendation on commercial is based on traffic. In an effort to verify Mr. Kilday's statement with regard to Area 25 and 44, Mayor Cassandra inquired if Mr. Kilday - 16 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 was saying the R-iA, Moderate Density, R-3, High Density, and C-2 should stay the same. Mr. Kilday clarified that the residential should stay the same, and the C-2 should stay the same with a final determination of the industrial road being the demarcation line. According to the Comprehensive Plan and the moderate-density recommendation, Mr. Kilday stated there is also a high-density recommendation along the railroad track, and suggested that area be downgraded to moderate density. Mayor Cassandra pointed out that at Monday night meeting, the Planning and Zoning Board addressed Area 44 to R-lA and put it to low density, and took the R-3 and put it in moderate density, and maintained C-2 as it is. Mr. Kilday advised he was in favor of the R-3, and is asking that the other two remain the same. Vice Mayor Zimmerman inquired if Mr. Kilday is saying that Parcel 44 is vacant, and stated that Parcel 44 is half built out. He added that Lake Boynton Estates consists of many homes. Mr. Kilday confirmed of the 2,000 acres, 80 acres are vacant, and believed the built-out areas should go to low density. Harvey Oyer 227 S. W. 15th Avenue Boynton Beach, Florida Summary of Matter to be Discussed Zoning of Woolbright Avenue Mr. Oyer requested the proposed zoning be changed on Woolbright Avenue. He noted it has been R-1AA for about thirty years. Mr. Oyer advised in the 1960's and 1970's there were several times in which various City administrations indicated a dif- ference to the Department of Transportation as to where they wanted the interchange. The Department of Transportation recommended an interchange at Woolbright Road in 1958. A few years later, the City asked them to reconsider it, and in the early 1960's, there were four houses between S. W. 1st First and the Seaboard railroad. There was one home - 17 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 built there in the 1940's or early 1950's. Therefore, there has been no change of land usage on Woolbright Avenue, or any new homes constructed on Woolbright Avenue, since the DOT finalized that there would be an interchange on Woolbright Avenue. He noted the sign marker indicates the bridge or overpass was put in in 1975, and the road was widened in 1978. Mr. Oyer stated he does not have any immediate desire to sell or move from the location since it has been an ideal area. He believed his children had benefitted from attending some of the best schools in the area, and he wanted to keep this address. However, Mr. Oyer stated his next door neighbor who had three children moved because of the traffic and the cars pulling into private driveways to change directions. Consequently, the house was rented many times. Mr. Oyer believed the parked cars in the area would be better controlled if the area was zoned for commercial usage. He noted the house on the next block has cars parked with commercial designations on them. Obviously, he noted it is the type of business which can be handled by the telephone. Therefore, Mr. Oyer believed this is not a desirable R-1AA use of property. No one has been willing to build a home, and he assured the Council that it lacks many of the amenities which would make a person desire to live there. He noted you cannot open a window in the house due to the noise and oil pollution and dust. He noted this involves paying $300 per month electric bills to use your air conditioner. Mr. Oyer stated it is not a desirable place to live. Because of school considerations, Mr. Oyer had no immediate desire to move because his youngest child is in Congress Middle School. However, he stated it is a spot zoning in reverse. If you look at the land use in Boynton Beach at the time Interstate-95 was built, it is evident that the interchange has been a great benefit and boom to Boynton Beach. The interchange effected less people at the time it was designated. - 18 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA JUly 2, 1986 Mr. Oyer stated everyone else in the community has bene- fitted since they can live in nice residential communities like Boynton Beach, and commute elsewhere to their jobs. However, the few residents who own property on Woolbright Avenue are bearing the burden of the detrimental effects. He reiterated this area is not suitable for living and should be zoned to a commercial use, preferably a C-2 where there would be offices or local neighborhood-type use. Mr. Oyer advised with commercial zoning, people are not living in the buildings 24 hours a day, and the buildings are opened only eight to twelve hours a day. In addition, the individuals are not receiving the adverse effects of the noise and oil pollution. Mr. Oyer noted the City has tried to cooperate in the past with the neighbors in assuring the lights were out at the ballpark. However, he still encounters noise disturbances from buses and cars leaving the ballpark parking lot late at night. Mr. Oyer advised it is spot zoning, and in the application that the Council has, Mr. Oyer believed there would be a continuation of unwillingness to develop the lots. These lots are located on a prime road, and the City Ordinances indicate anything that is a four-lane road, or that is an interchange, should be zoned C-4. Mr. Oyer pointed out that a previous speaker discussed the area to the west of Interstate-95, on the north side of Woolbright Avenue, regarding a C-2 zoning in that area. He stated he had no objection to their having a C-2 zoning. However, he believed it has been a political decision to try to appease people who do not live on the road and do not suffer the detriment of it, and noted that the burden is being passed on to a few. Raymond Royce Attorney 450 Royal Palm Way Palm Beach, Florida Summary of Matter to be Addressed Comprehensive Plan - Item A - 19 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYTNON BEACH, FLORIDA July 2, 1986 Mr. Royce stated he was present at the meeting on behalf of the First Baptist Church of Boynton Beach, and was concerned with the property west of Interstate-95 and north of Woolbright Road. Mr. Royce concurred with the comments made by Mr. Perry and Mr. Kilday. He believed Mr. Kilday pointed out serious planning questions, thought provoking and interesting, ideas as to how this property should ultimately be planned. Additionally, he stated Mr. Perry pointed out to the Council that the location of S. W. 8th Street and the access road to the industrial property, between the railroad tracks and Interstate-95, must be addressed as part of the planning process. Mr. Royce believed the way this is addressed effects the property owned by the First Baptist Church of Boynton Beach. Under the proposed plan, this property would be split into separate uses, with the access road being the point of demarcation between the commercial and office space to the south and residential to the north. If S. W. 8th Street was realigned, as the map indicates, Mr. Royce advised the church property would be divided into three to four separate parcels. Obviously, he believed this would greatly diminish the value of the property. If the PUD or PCD was approved, Mr. Royce explained there would be a Master Plan, and the Church could make arrange- ments to reconfigure its property, which would serve as a buffer between the homes to the west and the balance of the Tradewinds property. Mr. Royce advised the Church has 650 members, who would like to expand the Church facilities. He would like to put these facilities in a well-configured, well-arranged area which would be on the alignment to S. W. 8th Street. Mr. Royce emphasized this would be a benefit to the residents and the citizens of Boynton Beach. Mr. Royce stressed there needs to be an overall plan. The Council is considering an Evaluation and Appraisal Report of the Comprehensive Plan, and should consider all three items before making a decision. There needs to be a thorough discussion of all these items so that all relevant issues can be reviewed. - 20 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 Mr. Royce urged the Council not to adopt the report at this point, but to review all the Agenda items. He noted the following issues should be reviewed in detail: What will be done to the property between the railroad tracks and the Leisureville area Possible impact from the the industrial area Access route for the trucks through this area Sizes of the rights-of-way Liabilities in regard to the railroad crossing. After reviewing these issues, Mr. Royce believed the Council would have a better conception of the issues at hand, and make a beneficial decision for everyone in the area. Mr. Royce urged the Council not to treat these matters as "piece meal" and cause irreparable damage to the Church property. Michael Schroeder 1900 Glades Road Boca Raton, Florida Summary of Matter to be Addressed Comprehensive Plan - Item A Mr. Schroeder advised he was present at the meeting on behalf of Mrs. Winchester, the owner of a portion of the M-1 property, located on the east side of the Seaboard railroad tracks. With respect to the location and alignment of the access road, the railroad crossing, and portions of the Evaluation and Appraisal Report which reference these questions, Mr. Schroeder requested the Council not to make a final decision on the subject portions of the Comprehensive Plan until the full presentations on the other two items on the Agenda are heard and reviewed. - 21 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 Mr. Schroeder advised that the Planning and Zoning Board adopted one of the references in the Evaluation and Appraisal Report concerning the railroad crossing and the collector road. He noted this was the portion which was referenced in the Thoroughfare Plan portion of the report. The Planning and Zoning Board, in effect, adopted the con- cept that there is a need for an 80 foot collector road and for a crossing to serve the M-1 property. However, the Board rejected those portions of the report which referenced the question of location of the road. Mr. Schroeder believed it was necessary for the Council to locate the collector road. Mr. Schroeder noted the staff's recommendation regarding the collector road running along the northern boundary of the commercial property, and stated the Planning and Zoning Board decided to leave commercial zoning at the present C-2. He reminded the Council that Tradewinds has requested to expand to the north in a PCD. Staff recommended an expan- sion of the commercial zoning to all C-1. Mr. Schroeder stated he was not concerned with the specific location of the collector road or the disposition of the commercial zoning. However, he believes it is essential the COuncil decide on the location of the road. He suggested the best solution might be to adopt the staff's recommendation to locate the road at the northern end of the commer!cial boundary. Dependent upon the final dispostion of the commercial property, he suggested another alternative would be to route the road through the commercial property, so that it does not abut residential areas. Mr. Schroeder stated the Comprehensive Plan requires that the City should now decide on the location of the access road. There being no further presentations on Item A, Mayor Cassandra declared the PUBLIC HEARING closed on Item A. Mr. Perry advised he would be unable to conclude his presen- tation before 10:00 P.M. Since Mayor Cassandra informed him there were another 12 items for presentation, Mr. Perry preferred to conclude the presentations, comments and deliber- - 22- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 ations in one evening, rather than spreading it over a two- week period of time. Since the people present at this meeting will come back on July 14 to give their presenta- tions, Mr. Perry believed it would be more beneficial to cover this issue at the July 14th meeting. At this point, Mayor Cassandra verified with Mr. Doney if it was legally appropriate to continue discussion on the remainder of the Agenda on July 14th since a time limit of 10:00 P.M. was stipulated for this meeting, and inquired if the Council is legally bound to listen to additional presenta- tions until 10:00 P.M. Based on the circumstances involved, Mr. Doney clarified the Council is not legally bound to hear additional presenta- tions until 10:00 P.M., and noted this meeting could be con- tinued at the July 14th meeting. Mrs. Zibelli urged the people in the audience to thoroughly review the issues before the next scheduled meeting. She stressed the subject properties must be utilized in the City. Mayor Cassandra inquired if there was anyone in the audience who would unable to attend the July 14th meeting. In agreement with Mr. Perry, Mayor Cassandra invited the following residents to speak: Before initiating his presentation, Mr. Uleck apprised the Council there were many people in the audience who wanted to attend the Board of Adjustment meeting scheduled for July 14. Mayor Cassandra explained the Council is aware there are two other Board meetings on July 14. However, the City's program must continue. Ben Uleck 1507 S. W. 17th Avenue Boynton Beach, Florida Summary of Matter to be Addressed Item 2B - Denial of rezoning - 23 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 Mr. Uleck stated the residents of Boynton Beach do not desire to rezone any of the R-1AA or any one of the R-A's. He pointed out this issue has been discussed on various occasions during the last several years. He added many of the residents moved to Boynton Beach ten to fifteen years ago, and are the taxpayers and "breadbasket" for the City, not the developers who recently came to the City. Mr. Uleck concluded by stating the residents of Boynton Beach moved to the beautiful City of Boynton and not the retail, commercial City of Boynton Beach. Wilbur J. Lynch 1912 S. W. 16th Avenue Boynton Beach, Florida Summary of Matter to be Addressed Woolbright Plaza Mr. Lynch stated he was the President of Boynton Leisureville Community Association. He thanked the Council for the time they allowed him because he has a project pending before the Board of Adjustments on July 14. Mr. Lynch objected to the Tradewinds Project proposed for the north side of Woolbright Road. The residents in his development still believe the density of the project is too high and will create unnecessary traffic problems in their area. Mr. Lynch stated more commercial development in and around Leisureville is not needed. The residents can avail them- selves of any goods and services needed by travelling not over ½ mile from any point in Leisureville. Mr. Lynch respectfully requested the Council to vote no on the subject project. Morton Goldstein 130 N. E. 26th Avenue Boynton Beach, Florida - 24 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 Summary of Matter to be Addressed Item B - Tradewinds request for PCD. Mr. Goldstein has spoken to many of the residents at Village on the Green and the surrounding areas concerning this sub- ject. Mr. Goldstein agreed with Mr. Lynch's presentation, and informed the Council this is not a unique situation but one that is happening throughout the City. Mr. Goldstein is extremely concerned about the density for the entire City. He wanted the residents of Leisureville to know that he is behind them. Marion Peirano 120 S. W. 8th Place Boynton Beach, Florida Summary of Matter to be Addressed Opposition to Item B on the Agenda. Ms. Peirano stated she had studied the Zoning Book, the Eval- uation and Appraisal Report, the Comprehensive Plan of 1986, and the Technical Report. She is becoming familiar with two different and large official City maps and the Chamber of Commerce 1986 map. She has attended every meeting, taken notes and stayed late. In regard to applicants' requests, Ms. Peirano stated the Engineering Department recommended land use designations for the C-2 area be changed to office/commercial, and zoning designated C-1. She noted the Planning and Zoning Board members studied the material available for the entire City, visited areas in question, attended numerous workshops, and conducted extra Planning and Zoning Board meetings. They believed this particular recommendation required discussion. The decision reached was, "Area to remain C-2 - vote being 5-2." On June 17, 1986, when the applicant requested a broader commercial use of the C-2 area, the vote was 5-2. - 25 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA July 2, 1986 MS. Peirano respectfully requested the Council to deny this application. Mayor Cassandra advised the Special City Council meeting would be continued on July 14, 1986, at 7:30 P.M., in the Council Chambers, with the continuation of Item B and Item C on the present Agenda, in that particular order of pre- ference. ADJOURNMENT The meeting of the Special City Council adjourned at 9:35 P.M. The next scheduled meeting of the Special City Council is scheduled for July 14, 1986, at 7:30 P.M. CITY OF BOYNTON BEACH, FLORIDA Mayor ~i lman o ncilman ATTEST: Councilman City Clerk Recording Secretary (Three Tapes) - 26 -