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Minutes 12-10-91MINUTES QF THE ~LANNING A. ND. ZONING MEETING HELD IN COMMISSION :~EI~S~ CITY I~LL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DE~EMBER 10, 1991 AT 7:00 PRESENT Maurice Rosenstock, Chairman Murray Howard Marilyn Huc~le Shirley Stevens Efrem Hinson, Alternate william Cwynar, Alternate James Cherof, City Attorney Chris Cutro, Planning Director Tambri Heyden, Senior Planner Michael Rumpf, Asst. Planner ABSENT Nathan collins (excused) Cynthia Greenhouse (excused) Gary Lehnertz (excused) Chairman Rosenstock called the meeting to order at 7:07 p.m. PLEDGE OF ALLEGIANCE AND INTRODUCTIONS Following the Pledge of Allegiance to the Flag, Chairman Rosentock acknowledged the presence in the audience of Mayor Arline Weiner, Commissioner Jose Aguila, Commissioner Lillian Artis and former Mayor Zimmerman. AGENDA APPROVAL Chris Cutro stated that the applicants for Agenda Items %6, A-I, Parking Lot Variance for Cross Creek Centre and %7, A-14, Rezoning for Cedar Grove PUD, be continued to the January 14, 1992 meeting. Mr. Cutro also requested an opportunity to present a brief report during the Communications and Announcements section of the meeting. Motion with no objections by any of the Board members to continuing the two items stated above, Mr. Cwynar moved ~o accept the agenda. Ms. Huckle seconded the motion which carried unanimously. APPROVAL OF MINUTES Motion Ms. Huckle moved to approve the minu~es of the November 12, 1991 meeting as presented. Ms. Stevens seconded the motion which carried unanimously. MINUTES - REGULAR PLANNING a ZONING BOARD MEETING 'BOYNTON BEACH, FLORIDA DECEMBER 10, 1991 COMMUNICATIONS AND ANNOUNCEMENTS Mr. Cu~ro reported on City Commission actions which were reviewed by the Planning and Zoning Board. The Comm!ssion denied the request to-rezone the two acres south of Southwest 8th Street and approved the parking lot modifications for Bethesda and the site plan modifications for Motorola. In addition, the City Commission initiated a change to the C-1 zoning district and approved an Ordinance, on first and second reading, regarding towing in the M-1 zoning district. OLD BUSINESS A. PUBLIC HEARINGS PARKING LOT VARIANCE (Continued November 12, 1991) Project Name: Agent: Owner: Location: Cross Creek Centre Robert A. Bentz Land Design South Denholtz Associates 1313 W. Boynton Beach Boulevard Description: Request for a variance to Section 5-142(m) Fire Lanes of Article X, Parking Lots. NOTE: This application has been postponed by the applicant, Announcement must be made that the public hearing will be continued to the January 14, 1992 meeting at 7:00 p,m, CONTIIqUED TO JANWJi~RY 14, 1992 MEETING. B. CONSISTENCY REVIEW (pursuant to Chapter 163.3194 F.S.) Proposed amendment to Appendix A-Zoning, to emend the regUlations governing service stations/convenience stores. (Tabled November 12, 1991) Mr. Cutro reported that Planning Department staff mapped the existing and potential~service station sites under the present Code and potential new service station sites under the proposed Code. Staff found an additional fifteen sites which is approxi- mately 25% less than Mr. Perry reported. During this review, staff eliminated sites which would not be subject to redevelop- ment. An example of such a site would be at the corners of streets that enter into the mall. Under the new Ordinance, there would be an additional four sites. These sites are located at Hypoluxo and Congress Avenue, NW 22nd Avenue and Congress, Old Boynton Road and Congress Avenue and MINUTES - REGULAR PLANNIN~ ~ ZONING BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 10, 1991 Woolbright Road and Congress Avenue. The existing service sta- tions are permitted to redevelop under the present Ordinance. Kowever, under the proposed new Ordinance, only five of the sites with service stations would be eligible. The remaining stations would become non-conforming uses if they do not meet the criteria of the new Ordinance. It is possible that the number of service station sites could increase under the proposed Ordinance depending on whether or not they are permitted at T-intersections. Mr. Cutro further stated that the development standards have been changed to read that all roads must be four lanes. Mr. Cutro stated he will meet with the City Attorney to discuss the proposed changes. Chairman Rosenstock stated he would not vote on this item until the correct language is presented. In response to questions posed by Board members, Mr. Cutro stated that the existing stations would become non-conforming uses when the new Ordinance is in place. Therefore, they would not be able to make any improvements other than with regard to tanks and pipes. Attorney Cherof agreed with Mr. Cutro's statement. With regard to buffering, Ms. Stevens questioned whether or no% landscaping specifications could be included. Attorney Cherof and Mr. Cutro concurred such stipulations can be included. Although Mr. Howard wants to see everything in writing before voting on this item, he is in agreement with Mr. Cutro. Ms. Huckle questioned the hours of 10 p.m. to 5 a.m. with regard to the operation of a convenience store. Mr. Cutro responded this is se5 forth by State law. Ms. Huckle further asked that under Development Standards #2, the word "larger" be changed to "wider". MS. Huckle discussed Item 94 under Development Standards and remembered a consensus by the Board that at least one service station could be permitted at a T-intersection. Mr. Howard was of the opinion that the Board agreed that service stations would be permitted only diagonally across from one another on four-lane roads. Ms. Huckle recalled that there had been a suggestion to have the buffer wall be six feet in height as opposed to a five foot wall suggested in Item F, 2-a. MS. Stevens agreed. It was unanimously agreed by the members present that Item F, 2-a be changed to include a six foot concrete fence. - 3 - MINUTES - REGULAR PLANNING ~ ZONING BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 10, 1991 Motion Mr. Cwynar moved that the Board remove Item 3, A-4 and have it become an allowable use with one gas station per T-intersection. Ms. Huckle seconded the motion. Ms. Stevens requested a new count on the number of stations and Mr. Cutro agreed to supply that number at the next meesing. The motion FAILED 2-4. (Chairman Rosenstock, Murray Howard, Efrem Hinson and Shirley Stevens cast the dissenting votes.) Chairman Rosenstock restated his opinion that there are too many service stations in Boyn=on Beach; however, he cannot allow his opinion to prejudice any future Ordinance. He pointed out that what is being proposed is probably the best possible solution. When the language is correct, he will suppors it. Chairman Rosenstock stated this project will go back to the Planning Director so that he can meet with the City Attorney for his review so that it can be presented to the Board for a final NEW BUSINESS Before continuing with the agenda, Chairman Rosenstock permitted a member of the audience to address the Board since the gentleman was scheduled to attend a 7:30 p.m. meeting in another location at City Hall. Joe Delane¥, of 1902 SW Golf Lane, is an owner of a residence at High Point which is '1~-6a%-~ across from the Water Treatment Plant. He stated that when truckloads of residue are removed from the plant, a tremendous amount of dust is created which blows over High Point. The residents have suffered for years and although attempts have been made, nothing feasible could be done to correct the problem. He stated this is a costly, annoying and unhealthy situation. Mr. Delaney suggested a barrier of trees be planted which would block some of this dust. Trees exist on the site but are there for beautification purposes. In discussion with Mr. Hallahan, a barrier of trees would cost approximately $5,000. Mr. Delaney suggested that if no action is taken by the City, there is a possibility that someone in High Point could take adverse action against the City. He thanked the Board for listening° Chairman Rosenstock suggested Mr. Delaney Commission meeting to apprise them of the Delaney's intention. attend the City situation. That is Mr. MINUTES - REGULAR PLANNING ~ ZONING BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 10, 1991 A. PUBLIC HEARINGS CONDITIONAL USE Project Name: Agent: Owner: Location: Little Dude Ranch Day Care Center Ray F. Flow Ray F. and Sharon G. Flow 3520 Old Boynton Road; the southwest corner of Old Boynton Road and Knuth Road Description: Request for conditional use approval for an existing 8,920 square foot day care center serving 200 children. Tambri Heyden made the presentation. This parcel was arknexed into the City on August 20, 1991 end zoned R-3. The zoning was conditioned with the same proviso as the water service agreement; if the day care center exists or is proposed to be constructed at the time the property is annexed into the City, conditional use approval shall be required. During an on-site visit, it was noted that vehicles park in the drop-off lane and in the pass-by lane. In the event of an emergency, vehicles would not be able to get close to the building or go around the parking lot. Regarding lighting, the Engineering Department has stated that the lighting is substandard. In addition, the lights mus~ be shielded from the adjacent residences. The existing free-standing sign exceeds the six-foot height limi- tation as per the Sign Code. The sign must be lowered. The Planning Department recommends approval of this request. Ms. Huckle wondered how the problem of too few parking spaces would be resolved. It was pointed out that the Code requires thirty parking spaces and only twenty-five are provided. However, there are enough spaces for the number of employees a% the day care center. This is an issue to be addressed with the conditional use approval. Attorney Cherof was asked by Mr. Rosenstock if a precedent would be se5 if this variance was approved. In his opinion, Attorney Cherof felt, under the circumstances, no precedent would be set. Mr. Cwynar questioned the location of the fire hydrants; however, it was pointed out that there were no comments from the Fire Department with regard to this application. In response to a question from Ms. Stevens, Tambri Heyden said that the owner is aware of all comments except the lighting. - 5 - MINUTES - REGUI~R P ~AANNIN~ BOARD MEETING BOYNTON BEACH, FLORIDA ZONING DECEMBER 10, 1991 Chairman Rosenstock questioned whether or not a sprinkler system exists at the day care center and stated he would not vote in favor of this application if one does not exist. Kieran Kilday represented Mr. Flow. He stated that Mr. Flow has no problems with any of the recommendations. He said that the day care center is open and operating and was built to meet all Codes. This property was annexed pursuant to the water service agreement. Mr. Kildaywas unable to answer Chairman Rosenstock's question about the sprinkler system. The City is already pro- viding water for the day care center, but they agreed ~o annex at %he City's request. Mr. CutrO advised that this property has already been annexed into the City. Afner reviewing the plans, Ms. Huc~k~l~e found the location of the fire hydrant although no water mJi~s suggesting the existence of a sprinkler system going into the building could be located. SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE OT~ER THAN MR. KILDAY TO SPEAK ON THIS APPLICATION, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC AUDIENCE CLOSED. Motion Ms. Huckle moved to APPROVE. the request for conditional use for an existing 8,920 square foot day care center serving 200 children for Little Dude Ranch Day Care Center subject to all staff comments. Murray Howard seconded the motion. Efrem Hinson again questioned the subject of the sprinkler system. Chairman Rosenstock repeated his statement that he would not vote in favor of this application at this time. Mr. Cutro explained this area comes under Building Department cri- teria. The motion carried 5-1. vote.) (Chairman Rosenstock cast the dissenting LAND USE ELEMENT AMENDMENT/REZONING/COMPREHENSIVE PLAN TEXT AMENDMENT 2. Project: Agent: Owner: Location: Mall South Kieran J. Kilday Kilday & Associates Bill R. Winchester, Elsie A. Winchester, Ernest Klatt and Winchester, Winchester, Zieher & Schroeder Property totaling 51.05 acres located on the west side of Congress Avenue between Old Boynton Road and Boynton Beach Boulevard. - 6 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON B~ACH, FLORIDA DECEMBER 10, 1991 Description: Requests to show annexed land as Local Retail Commercial, to rezone from AR (Agricultural Residential) in Palm Beach Count~ to C-3 (Community Commercial) and AG (Agriculture) and to amend the Traffic Circulation Element Support Document of the Comprehensive Plan to include Winchester Park Boulevard as a city collector on the Future Funotional Classification Map and 5o include winchester Park Boulevard as a four- lane divided road on the 2010 Roadway Design Map. Michael Rumpf made the presentation. He stated that Kieran Kilday has made this request for annexation into Boynton Beach. There is an additional request to rezone the annexed land to Local Retail Commercial and ko rezone the area to the east of Winchester Park Boulevard to C-3 Community Commercial and rezone the remainder of the land to AG (Agriculture). The applicant has also requested a text a~endment to the Comprehensive Plan. Staff recommends the reques5 for annexation. will result in the elimination of an enclave. recommends approval of the text amendment. Such annexation Staff further Kieran Kilday represented Mr. Winchester. He explained this is a large vacant piece of property located between Boynton Beach Boulevard and the Mall. The property has been contained by the City and has not as yet been annexed because there is no specific developmen5 plan at this time. This request is the beginning of the process. The owner is aware of the zoning restrictions with regard to Planned Commercial Development. Their next step is to go to the Department of Community Affairs for review. This will take approximately three months. They will then return to the City for final approval. A plan will then begin for the PCD. Ms. Stevens questioned if a gas station could be put on the east parcel. Mr. Kilday responded that a gas station could be erected at the northeast corner. This is one of the stations previously discussed by Mr. Cutro. SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE TO SPEAK ON THIS APPLICATION, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC AUDIENCE CLOSED, Motion Ms. Huckle moved to APPROVE the reques~ for Mall South to show annexed land as Local Retail Commercial, to rezone from AR (Agricultural Residential) in Palm Beach County to C-3 (Community Commercial) and AG (Agriculture~ and to amend the Traffic Circulation Element Support Document of the Comprehensive Plan ~o PLANNI~ ~ ~LORIDA ZONING DECEMBER 10, 199~ include Winchester Park Boulevard as a City collector on the Future Functional Classification Map and to include Winchester Park Boulevard as a four-lane divided road on the 2010 Roadway Design Map subject to staff comments. Mr, Cwynar seconded the motion which carried 6-0. Projec~ Hame: Agent: Owner: Location: Water Treatment Plant Expansion Christopher Cutro City of Boynton Beach The 7~i~7-acre parcel located south of the Water, Treatment Plant on South Seacrest Boulevard. Description: Requests ~o amend the Future Land Use Element of the Comprehensive Plan from Medium Density Residential to Public and Private Governmental/Institutional, amend Area 4.e of the Future Land Use Element Support Document to remove obsolete text and fez:one from R-2, Single and Two-Family Residential to PU, Public Usage. Michael Rumpf made the presentation. Mr. Cutro, agent for the City, has requested the Future Land Use Element of the Comprehensive Plan be amended to accommodate the expansion of the City's Water Treatment Plant. Staff recommends than the text be amended to remove unnecessary confusing verbiage. Staff recommends approval of the applica- tion. Mr. Howard wondered if Mr. Delaney's concerns would be addressed regarding the height of the trees as a buffer. Mr. Rumpf stated there is no sine plan for the expansion at this time, but this will have to be incorporaued into the site plan. Ms. Stevens pointed out that this can be addressed when the site plan comes back to the Board in the future. CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC HEARING OPEN. Stella Rossi, 625 whl~Dering Pines Road, represented the Coalition of Wilderness Islands. This group saves native ecosites. She appeared to ask for consideration for their concerns. She asked a number of questions as follows: Has the environmental assessment been completed, and if so, !who is the biologist and what were his/her findings? The Coalition of Wilderness Islands requested a copy of the completed assessment. MINUTES - REGULAR PLANNING ~ ZONING BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 10, 1991 HOW does the City intend to design and maintain this pre- serve to be funcsional and a functional ecosystem? Who will be responsible for the monitoring? Will there be public access to the preserve itself since they intend to monitor the animal and plant species and the migratory birds that will use the site especially the scrub jay which has nested and utilized the site for years. It is a federally-protected species with very specific guidelines. 4. What provisions will be made for the welfare of the remaining tortoises? 5. will there be reports on the on-going status of the pre- serve? Will there be a natural path or buffer to protect the site from encroachment? 7. How does the City intend to preserve the ecosystem? Barry Greet of 205 SE l~t Circle, Seaway villas, owns the pro- perty adjacent to the Water Treatment Plant. He !s on the south side of the Plant. He expressed his confusion about what the City is planning to do with this property. He explained that many residents in the Seaway Villas are as confused as he is. Chairman Rosenstock explained that the application presented by Mr. Cutro is for approval of the usage. The City has recently acquired this land and proposes to build something related to the Water Treatment Plant. The zoning change would be from R-2 (Single and Two-Family Residential) to PU (Public Usage). Chairman Rosenstock acknowledged the presence in the audience of Commissioner Lynne Matson. Ms. Stevens clarified that the problem is not in approving the rezoning. However, there are issues which will be addressed when the site plan comes up for review. She has many of the same con- cerns as Stella Rossi. Chairman Rosenstock suggested Mr. Greer return to the meeting when this site plan comes up. CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC HEARING CLOSED. MINUTES - REGULAR PLANNING % ZONING BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 10, 1991 Motion Murray Howard moved to GRANT the request to amend the Future Land Use Element of the Comprehensive Plan from Medium Density Residential to Public and Private Governmental/Institutional, amend Area 4.e of the Future Land Use Element Support Document to remove obsolete text and rezone from R-2, Single and Two-Family Residential to PU, Public Usage. Ms. Huckle seconded the motion which carried 5-1. (Efrem Hinson cast the dissenting vote,) COMPREHENSIVE PLAN TEXT AMENDMENT/REZONING Project Name: Agent: Owner: Location: N. Federal Highway Christophsr Cutro City of Boynton Beach Lots fronting on the east and west sides of North Federal Highway between the Boynton C-16 Canal and N.E. 6th Avenue Description: Request to amend Area 1.i of the Future Land Use Element Supporu Document to remove text that is inconsistent with the proposed rezoning and to rezone from C-4 (General Co~muercial) to C-3 (Community Commercial). Mr. Cutro made the presentation. In September, the City Commission discussed some of the uses on Federal Highway and requested that staff initiate a rezoning petition. A text change will also be required. The text change would eliminate the com- bining of lots in this area, the height restrictions and the construed zoning. Because C-3 is less intense than C-4, it would be consistent with the Plan. The rezoning would be consistent with the Federal Highway corridor. C-3 seems more appropriate because of the reduction in traffic since 1987 where 23,000 trips were logged as compared to 18,500 trips logged in 1991. By doing this, however, a problem of non-conforming uses will be created. There are presently eight non-conforming uses in this area. If this application is approved, that number~ will increase to twenty-one. There will be no improvements in this area. Also, if there is a non-conforming structure, that structure can not be changed. Mr. Cutro pointed out that the zoning is deve- lopment standard oriented. The standards are greater especially in 5erms Of lot size. Properties would have tO be consolidated. He stated that he has no recommendation regarding approval or denial. He further stated it was the City Commission's decision to bring this forward. He pointed out that on one hand, the external characteristics point to C-3 and on the other hand this will create more non-conforming uses which will worsen ~his corridor. Ms. Huckle stated this has been reviewed many times and no determination as been made. She is concerned about C-3 zoning because of the lack of depth limitation in that zoning. Mr. 10 - MIhrOTES - REGULAR PLANNING & ZONING BOARDMEETING BOYNTON BEACH, FLORIDA DECEMBER 10, 1991 Cutro feels the zoning structure is not the problem, but putting an intense zone on a narrow property is a problem. Mr~Oa~ro suggested notapproving th-is-application, andinstead, approach this as an overlay zone which will include landscape requirements and exterior building requirements. Ms. Huckle feels the non-conformities present an obstacle. Ms. Stevens agreed but thinks something needs to be started. Chairman ~osenstock clarified that if the Board rejects this application, the Planning Department can come back with a corri- dor overlay into the entrances of the Downtown area which would include N0~th Federal, South Federal and Boynton Beach Boulevard. CHAIRMA~ ROSENSTOCK OPENED THE PUBLIC HEARING. Beryl Kruger, a Zoning Consultant Lan~d Planner, represented N a D Auto. His add~ess is 9 NE 6th Street, Delray Beach. He explained these small businesses paid for property zoned C-4. By downgrading to C-3, their property will lose value. He stated that many businesses ha~e invested thousands of dollars. By creating mo~e non-conformities, none of the non-conforming buildings will be able to upgrade or expand. After reviewing a marketing study done in Delray Beach, Mr. Kruger feels the area will not support Community Commercial businesses. Boynton Beach's growth is presently to the west. In order to have Community Commercial businesses, traffic is needed to draw people. Many of the strip centers on Federal are half empty because there is not enough population to support them. By changing from C-4 to C-3, the Ciuy will eliminate the existing businesses and not allow the remaining businesses to upgrade or expand. Mr. Kruger explained that the businesses in a C-4 zoning district draw from a larger area, whereas the businesses in C-3 draw from a quarter-mile radius. He explained that by taking away their ability to upgrade and expand, the City takes away their business. StevenWeiss of 907 North Federal Highway stated that the people who invested their money should be able to make the decision about the zoning. He stated there are many of these people who will pay for an attorney to represent them in this matter. He stated that by crippling small business, you cripple the nature of America. The small business person is trying to make a living. He further mentioned that the City of Boynton Beach should understand businessi logo colors. He presented s yellow color chip as his logo color. Lloyd Powell, of Alpine !~ Inc., located at 1112 N. Federal Highwav, stated t~is subject was brought up three years ago. The downgrading was a~=empted first on the east side of Federal Highway and then on the west side. Money was spent on a 11 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 10. 1991 consultant to see if the downgrading was feasible. At that time, the City Commission voted to deny the downgrading from C-4 to C-3. He feels the same reasons apply now. He stated the pro- perty owners do their best to maintain the property. The medians have been worked on and the north end looks better than it has in the past three to five years. He recommended the Board deny the request to downgrade from C-4 to C-3 because it would increase the amount of non-conforming uses. Zoning should not be used to increase non,conforming uses. PhlllipBacon, ofl~10 N. Federal Hlqhwa¥, said he is concerned about the non-conforming issue. He owns an eight-bay self- service car wash and works very hard to maintain it and keep it clean. He feels the eight-bay car wash is too big for the site and has given thought to modifying the business or offering addi- tional service, such as a quick-lube service, in the future. If his business becomes non-conforming, he will not be able to do anything with it and he will become strangledi He strongly suggesued the Board deny this request. Mr. Maldonato, of S10.N, Federal Highway, is Opposed to this change. He has been in business for five years and is a local mechanic. He has tried to maintain his shop. He complained about being cited for violations on a regular basis. He was recently cited for having a magnetic sign on his truck. He stated the truck was parked in his lot on his property. He asked that the City try to work with the business people. Michael Morakis, of ~lS N, Federal Highway, stated he and his father have spent a fortune improving the property they purchased one year ago. His preperty was appraised at a greater value because it is zoned C-4. The value of this property will decrease if the zoning is downgraded. He feels a large improve- men~ was made in the north end with the opening of the store. Mr. Cwynar questioned Mr. Cutro regarding the amount of City staff time and money spent on putting together the package of back-up material for this particular application. Mr. Cwynar explained that he takes offense that the City Commission puts his tax dollars to use to prepare such a package and try to put people out of business who are generating tax dollars for the City. He asked that the City Commission not waste tax dollars. He further pointed out that the City has an Inspector who goes out on Saturdays to check on garage sale permits. This permit is $2.50 and he wondered how much it costs the City to have this Inspector~ who drives a City vehicle, perform this job. CHAIRMAN ROSENSTOCK CLOSED THE PUBLIC HEARING~ 12 - MINUTES - REGULAR PLANNING ~ ZONING BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 10, 1991 Motion Mr. Cwynar moved to DENY this Comprehensive Plan project known as North Federal Highway and reject the request~to amend Area 1.i of the Future Land Use Element Support~Document %0 removetext-that is incensistent with the proposed rezoning and to rezone from C-4 (General Commercial) to C-3 (Community Commercial). Chairman Rosenstock asked if Mr. Cwynar would add ~o his motion a recommendation to the City Commission that they adopt Mr. Cutro's plan to investigate this further with regard to an overlay district for aesthetics and landscaping. Mr, Cwynar was not agreeable to adding this recommendation. Efrem Hinson seconded the motion. The motion to deny carried unanimously. Chairman Rosenstock stated he would like to recommend To the City Commission that they adopt Mr. Cutro's plan. Shirley Stevens and Murray Howard were in agreement with Chairman Rosenstock. Motion Mr. Howard moved that the City Commission look into Mr. Cutro's recommendation as to the overlay in this particular area. Ms. Stevens seconded the motion which carried 4-2. (Marilyn Huckle and william Cwynar cast the dissenting votes.) Project Name: Agent: Owner: Location: Application %1~-A Christopher Cutro City of Boynton Beach A 0.88 acre portion of the parcel on the northeast corner of Boynton Beach Boulevard and Old Boynton Road Description: Request to amend Area 7.a of the Future Land Use Element Support Document to remove text that is inconsistent with the proposed rezoning and to rezone from R-2, Single and Two-Family Residential to C-i, Office and Professional Commercial. Michael Rumpf made the presentation and explained this applica- tion was denied by the City Commission in June of this year for rezoning. Staff was asked to initiate a Comprehensive Plan Text Amendment to remove the respective language from the Plan. Staff was further instructed to prepare a rezoning application for this portion of the Planning Area, Staff recommends approval of this application. 13 - MINUTES - REGULAR PLANNING BOARD MEETING ~OyNTON BEACH. FLORIDA ZONIN~ DECEMBER 10, 1991 SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE TO SPEAE AT THE PUBLIC HEARING, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC HEARING CLOSED. Motion Mr. Cwynar moved to APPROVE the Application $13-A request to amend Area 7.a of the Future Land Use Element Support Document to remove text that is inconsistent with the proposed rezonin§ and to rezone from R-2~ Single and Two-Family Residential to C-l, Office and Professional Commercial as per staff comments. Efrem Hinson seconded the motion which carried 6-0. LAND USE ELEMENT AMENI~COMPREHENSIVE PLAN TEXT AMENDMENT Project Name: Agent: Owner: Location: Application $1 Christopher Cutro City of Boynton Beach A 2.03 acre block bounded S.W. 1st Street, S.W. 3rd Street by S.W. 2nd Ave., Ave., and S.W. 2nd Description: Request to ~mend the Future Land Use Element of the Comprehensive Plan from Low Density Residential to Medium Density Residential and to amend Area 4.b of the Future Land Use Element Support Document to remove text that is inconsistent with the proposed land use amendment. Michael Rumpf made the presentation and informed the Board that staff recommends that the Comprehensive Plan be amended to remove the recommendation for Low Density Residential land use and further recommends approval as they are nor inconsistent with any goal or objective of the Comprehensive Plan. SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE TO SPEAK AT THE PUBLIC HEARING, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC HEARING CLOSED. Motion Ms. Huckle moved to APPROVE the request for Application $1 to amend the Future Land Use Element of the Comprehensive Plan from Low Density Residential to Medium Density Residential and to amend Area 4.b of the Future Land Use Element Support Document to remove text that is inconsistent with the proposed land use amendment. Mr. Howard seconded the motion which carried 6-0. 14 - MINUTES - REGULAR PLAN~ING BOARD MEETING BOYNTON BEACH, FLORIDA ZONING DECEMBER 10, 1991 7 o Project Name: Agent: Owner: Location: Description: Application #~ Christopher Cutro City of Boynton Beach Lots on S.E. 34th Avenue west of the F.E.C. Railroad, totaling 2.06 acres Request to amend the Future Land Use Element of the Comprehensive Plan from Low Density Residential to Medium Density Residential to amend Area 4.h of the Future Land Use Element Support Document to remove text that is inconsistent with the proposed land use amendment. Michael Rumpf made the presentation and stated that the City Commission requested staf~ initiate a FUture Land Use Plan Amendment and Comprehensive Plan Text Amendment to amend the Future Land Use Plan and remove the r~spective language from Comprehensive Plan Future Land use support Document. the Mr. Cwynar left the dais. SINCE TIfERE WAS NO ONE PRESENT IN THE AUDIENCE TO SPEAK AT THE PUBLIC HEARING, CHAIRMA2q ROSENSTOCK DECLARED THE PUBLIC HEARING CLOSED. Motion Ms. Huckle moved to APPROVE the request for Application %3 to amend the Future Land Use Element of the Comprehensive Plan from LowDensity Residential to Medium Density Residential to amend Area 4.h of the Future Land Use Element Support Document to remo~e text that is inconsistent with the proposed land use amendment. Efrem Hinson seconded the motion which carried 5-0. (Mr, Cwynar had not returned to the dais.) ¸8. Project Name: Agent: Owner: Location: Application Christopher Cutro City of Boynton Beach Lots zoned R-lA on the south side of S.E. 14th Avenue, totaling 1.17 acres Description: Request to amend the Future Land Use Element of the Comprehensive Plan from Medium Density Residential to Low Density Residential and to amend Area 4.a of the Future Land Use Eilement ,Support Document to remove text that is inconsistent with the proposed land use amendment. Michael Rumpf made the presentation and stated staff recommends the Land Use Plan be changed from Medium Density Residential to Low Density Residential. Staff further recommends the text of - 15 MINUTES - REGULAR PLANNING BOARD MEETIN~ BOYNTON B~ACH. FLORIDA ZONING DECEMBER 10, 1991 the Comprehensive Plan be amended ~and approves these recommen- dations as they are not inconsistent with any goals, objective or policy of the Comprehensive Plan. Ms. Huckle seemed to recall that there was s reason why she was not in favor of this application, but was not certain. SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE TO SPEAK AT THE PUBLIC HEARING, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC HEARING CLOSED. Motion Mr. Howard moved to APPROVE Application #10 and recommended amending the Future Land Use Element of the Comprehensive Plan from Medium Density Residential to Low Density Residential and to amend Area 4.a of the Future Land Use Element Support Document to remove text that is inconsistent with the proposed land use amendment. Efrem Hinson seconded the motion which carried 5-0. (Mr. Cwynar had not returned to the dais.) o Project Name: Agent: Owner: Location: Application #20 Christopher Cu=ro City of Boynton Beach Lots lying between Bernard's Restaurant and Via Lago Condominiums, south of Lake Street, totaling 1.88 acres Description: Request to amend the Future Land Use Element of the Comprehensive Plan from High Density Residential to Local Retail Commercial and to delete Area 1.g of the Future Land Use Element Support Document. Michael Rumpf made the presentation and stated staff was asked to amend the Future Land Use Plan from High Density Residential to Local Retail Commercial within this Planning Area 1.g. Staff recommends the text be amended and recommends approval of the application since it is consistent with the Comprehensive Plan. There was discussion among the members regarding what transpired when this came before the Board for rezoning. The owner indi- cated he would like to expand his restaurant at a future date. SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE TO SPEAK AT THE PUBLIC HEARING, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC HEARING CLOSED. Motion Efrem Hinson moved to APPROVE Application ~20 to amend the Future Land Use Element of the Comprehensive Plan from High Density 16 - HINUTES .- REGULAR PLAI~NING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 10, 1991 Residential to Local Retail Commercial and to delete Area 1.g of the Future Land Use Element Support Document. Mr. Howard seconded the motion which carried 5-0. (Mr. Cwynar had not returned to the dais.) Ms. Huckte asked that the record reflect the fact that Mr. Cwynar has been absent from the dais for approximately 10 to 15 minutes and was absent once before that. In her opinion, this action is inappropriate unless he has a very good reason. 10. Project Name: Agent: Owner: Location: Application#21 Christopher Cutro City of Boynton Beach Lots on the east side of North Federal Highway lying between Bernard's Restaurant and the Yachtman's Cove subdivision totaling 6.87 acres Description: Request to amend the Future Land Use Element of the Comprehensive Plan from High Density Residential to Local Retail Commercial and Low Density Residential and to delete Area 1.h of the Future Land Use Element Support Document. Michael Rumpf made the presentation and stated that staff was asked to process a land use amendment from High Density Residential to Local Retail Commercial and Low Density Residential within this Planning Area. This area includes Seaview Trailer Park. Staff recommends the text be amended and further recommends approval of the applications since they are not inconsistent with any goal, objective or policy of the Comprehensive Plan. Mr. Rumpf stated that the Trailer Park is in an irrevocable trust which would prevent the redevelopment of the property. The residents of the trailer park were opposed to the original recommendation presented in June. SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE TO SPEAK AT THE PUBLIC HEARING, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC HEARING CLOSED. Mo%ion Mr. Howard moved to APPROVE the recommendation for Application %21 to amend the Future Land Use Element of the Comprehensive Plan from High Density Residential to Local Retail Commercial and Low Density Residential and to delete Area 1.h of the Future Land Use Element Support Document. Ms. Huekle seconded the motion which carried 5-0. (Mr. Cwynar had not as yet returned to the dais). - 17 MINUTES - REGULAR PLANNING BOARD MEETING BOYNTON BEACH, FLORIDA ZONING DECEMBER 10, 1991 11. Project Name: Agent: Owner: Location: Application %25 Christopher Cutro City of Boynton Beach Lots on the north and south sides of Boynton Beach Boulevard between 1-95 and Seacrest Boulevard totaling 8.94 acres Description: Request to amend the Future Land Use Element of the Comprehensive Plan from Office Commercial to Local Retail Commercial and to amend Area 3.f of the Future Land Use Element Support Document to remove text that is incons±sten% with the proposed land use am~endment. Michael Rumpf made the presentation and stated that staff was directed to amend the Land Use Plan from Office Commercial to Local Retail Commercial within this Planning Area. The original recommendation was to rezone these lots from C-2 to C-1. Staff recommends the text of the Comprehensive Plan be amended to remove that recommendation. Staff recommends approval of this application since it is not inconsistent with any goal, objective or policy of the Comprehensive Plan. Mr. Cwynar returned to the dais. SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE TO SPEAK AT THE PUBLIC HEARING, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC HEARING CLOSED. Motion Ms. Huckle moved to APPROVE Application ~25 to amend the Future Land Use Element of the Comprehensive Plan from Office Commercial to Local Retail Commercial and to amend Area 3.f of the Future Land Use Element Support Document to remove text that is incon- sistent with the proposed land use amendment. Mr. Cywnar seconded the motion which carried 6-0. 12. Project Name: Agent: Owner: Location: Application %26 Christopher Cutro City of Boynson Beach A 1.06 acre portion of the Holiday Inn site located at the southeast corner of 1-95 and Boynton Beach Boulevard Description: Request to amend the Future Land Use Element of the Comprehensive Plan from Local Retail Commercial to Office Con~nercial and to amend Area 3.f of the Future Land Use Element 18 - MINUTES - REGULAR PLANNING BOARD MEETING BOYNTON BEACH, FLORIDA ZONING DECEMBER 10, 1991 Support Document to remove text nhat is inconsistent with the proposed land use amendment. Michael Rumpf made the presentation. Staff was directed to amend the Land Use Plan from Local Retail Commercial to Office Commercial within this Planning Area. The original recommen- dation was to rezone these lots from C-! and C-2 to C-3. Staff recommends that the text be amended. Approval is recommended on this application since it is consistent with Objective 117 of the Comprehensive Plan. SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE TO SPEAK AT THE PUBLIC HEARING, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC HEARING CLOSED. Motion Murray Howard moved to APPROVE Application 926 to amend the Future Land Use Element of the Comprehensive Plan from Local Retail Commercial to Office Commercial and to amend Area 3.f of the Future Land Use Element Support Document to remove text that is inconsistent with the proposed land use amendment. Ms. Huckle seconded the motion which carried 6-0. COMPREHENSIVE PLAN TEXT AMENDMENT 13. Project Name: Agent: Owner: Location: ApPlication %16 Christopher Cutro City of Boynton Beach A portion of the Lakeside Gardens sub- division; east side of North Federal Highway Description: Request to amend Area 1.a of the Future Land Use Element Support Document to remove text that recommends R-lA zoning for a portion of this subdivision. Michael Rumpf made the presentation. The original zoning was denied by the City Commission in June. Staff has been directed to amend the text of the Comprehensive Plan in order to remove the recommendation for R-lA zoning within this Planning Area. A Land Use amendment is not required. SINCE THERE WAS NO ONEiPRESENT IN THE AUDIENCE TO SPEAK AT THE PUBLIC HEARING, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC HEARING CLOSED. - 19 - MINUTES - REGULAR PLANNING BOARD MEETING BOYNTON BEACH, FLORIDA ZONING DECEMBER 10, 1991 Motion Ms. Huckle moved to APPROVE Application ~16 to amend Area 1.a of the Future Land Use ~tement Support Document to remove text that recommends R-lA zoning for a portion of this subdivision. Mr. Howard seconded the motion which carried 6-0. REZONING 14. Project Name: Agent: Owner: Location: Cedar Grove PUD Julian Bryan Cedar Grove Investments, N.V. The east side of South Seacrest Boulevard approximately 100 feet south of S.E. 31st Avenue (South Seacrest scrub site) Description: Request to rezone 53.69 acres from R-1AA (Single Family Rssidential~ and R-2 (Single and T~o-Family Residential) to PUD (Planned Unit Development) to allow for the construc- tion of 234 dwelling units, comprised of single-family dwellings and duplexes. NOTE: This application h~ been postponed, An announcement must be made that the public heariag for this request will be continued to the January 14, 1992 meeting at 7:00 p.m, CONTINUED TO JANUARY 14, 1992 MEETING. OTHER A. CONCURRENCY REVIEW Al~q) EXTENSION 1, Boynton Lakes Plaza Mr. Cutro stated that representatives from Boynton Lakes Plaza have asked for a co~currency extension, site plan extension and preliminary plat extension, Planning and Zoning is charged with reviewing the recommendation for the concurrencyextension only. The Concurrency Review Board met on November 25th and unanimously recommended that the concurrency be extended for six months to June 18, 1992. ~When the Engineering Department concurred with the recommendation, they asked for the addition of a condition. As per Attorney Cherof, no conditions may be added. MOtion Shirley Stevens moved to APPROVE Item 8, A-1 by recommending that the concurrency for Boynton Lakes Plaza be extended six months to June 18, 1992. Ms. HuCkte seconded the motion which carried 6-0. - 20 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA DECF/4BER 10, 1991 COMMENTS BY MEMBERS Mr. Cwynar apologized to the Board for taking a "soap box" oppor- tunity earlier in the meeting. ~JOURN/4ENT There being no further business, Mr. Cywnar moved 5o adjourn the meeting at 9:40 p.m. The motion was seconded by Ms. Huckle and carried 6-0. ~anet M. Prainito Recording Secretary (Three Tapes) - 21