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Minutes 07-09-91MINUTES OF REGULAR MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 9, 1991 AT 7:00 P. M. PRESENT Maurice Rosenstock, Gary Lehnertz, Vice Chairman Nathan Collins Murray Howard Marilyn Huckle Shirley Stevens William Cwyner, Chairman Alternate Chris Cutro, Director of Planning Tambri Heyden, Senior City Planner Jorge Gonzalez, Assistant City Planner Yamile Trehy City Attorney ABSENT Cynthia Greenhouse (excused) Efrem Hinson Chairman Rosenstock called the meeting presence in the audience of Vice Mayor acknowledged. to order at 7:00 P.M. Ed Harmening was The AGENDA APPROVAL Marilyn Huckte requested that an item be added at the end of the meeeting concerning restaurants in C-1 zoning. Chris Cutro requested to speak at the end of the meeting con- cerning setting a date for a special meeting for a second review of Chapter 19. APPROVAL OF MINUTES Since corrections have now been made, a motion was made by Gary Lehnertz to approve the minutes of the May 14th meeting. The motion was seconded by Murray Howard and the motion carried 7-0. A motion was made by Ma rilyn Huckle to approve the minutes of the May 30th meeting which was seconded by Murray Howard. The motion carried 7-0. Marilyn Huckle asked for a correction to be made to the minutes of the meeting of June 11, 1991 which stated that minutes of the May 14th meeting had been approved, when in fact they had not been approved but were held in order that they may be reviewed by all Board members. At this time ~V~rilyn Huckle moved that the minutes of the June llth meeting be accepted as corrected which was seconded by Gary Lehnertz. The motion carried 7-0. - 1 MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 COMMUNICATIONS ANE ANNOUNCEMENTS OLD BUSINESS None NEW BUSINESS A. PUBLIC HEARINGS ABANDONMENT 1. PROJECT NAME: Dos Lagos OWNER: William and Kimberly Kellum LOCATION: Congress Avenue at Miner Road, southeast corner DESCRIPTION: Request for the abandonment of a 10 foot wide utility easement. Tambri Heyden provided the Board with a written response from Florida Power & Light. This is a request for an easement aban- donment located along the rear of Lot 34 in Dos Lagos. The applicant is requesting to abandon a portion of it which contains no utilities. Responses have been received from the utility departments and there are no objections. The Engineering Department recommends approval of the abandonment subject to an indemnification agreement. This indemnification agreement must be recorded in order to clear the records for this property. Chairman Rosenstock asked if there were any questions or comments. Kimberly Ke'llum, 34 Vista Del Rio, owner of the property, asked how long it will take to complete the indemnification agreement. She is concerned about a delay in the closing of the property. Shirley Stevens explained that the closing can take place but the title company will put an exception to the policy which will be the recording of the agreement. Tambri Hayden suggested that Mrs. Kellum contact the Utilities Department to obtain the standard form. AT THIS POINT, CHAIRMAN ROSENSTOCK CLOSED THE PUBLIC HEARING. Nathan Collins moved that the Board approve the request for aban- donment of the 10' wide easement located at Congress Avenue at Miner Road, southeast corner, subject to staff comments and adjustments. The motion was seconded by Murray Howard. The motion carried 7-0. - 2 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 REZONINGS APPLICANT: City of Boynton Beach AGENT: Christopher Cutro, Planning Director PROJECT NAME: Application No. 23 (Planning Area 1.1) OWNER[s): Alistair and Branka Wilson, Trude Kern and V. O'Connor, Sunview Corporation, City of Boynton Beach LOCATION: Lot and parcels at the southeast corner of U.S. 1 and S.E. 2nd Avenue DESCRIPTION: Request to rezone from C-3 (Community Commercial) to CBD (Central Business District) for the purpose of implementing the 1989 Comprehensive Plan. Jorge Gonzalez made the presentation. He stated that all of the rezonings are being initiated to implement the 1989 Comprehensive Plan and to bring the zoning map into conformity with the Future Land Map. He reminded the Board that the recommendation to deny any of the rezonings must be accompanied with recommendations for land use amendment to the Comprehensive Plan. This request includes one lot end three parcels for a total of 80/100ths of an acre. The land use designation in place is Mixed Use which is consistent with the CBD zonin~ being requested. The basis for this rezoning is Planning Area 1.1 of Land Use Problems and Opportunities section of the Comprehensive Plan which states that the C-3 zoned lots fronting U.S~ 1 to the south of S.E. 2nd Avenue should be added to the CBD. He delineated the property on an aerial showing that the th~se most northern lots are occupied by existing office buildings, the last lot being vacant. If denied, a text amendment will a~lso be necessary to delete the recommendation in Planning Area 1.1. AT THIS POINT, CHAIRMAN ROSENSTOCK CLOSED THE PUBLIC HEARING. Shirley Stevens commented that the permitted 40 dwellings per acre seems high. Gary Lehnertz responded that the reason for the high density was to enhance the CBD area and allow a mixture of uses. This was done in order to encourage redevelopment and use of the land in that area. Gary Lehnertz moved that the Board recommend approval of Application %23, Planning Area 1.1 to rezone from C-3 (Community - 3 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 Commercial to CBD (Central Business District) for the purpose of implementing the 1989 Comprehensive Plan which was seconded by Murray Howard. The motion carried 7-0. APPLICANT: City of Boynton Beach AGENT: Christopher Cutro, Planning Director PROJECT NkME: Application No. 24 (Planning Area 1.q) OWNER(s): Langston Bag Company Inc., Spada Land Company, Kay Cee Association of Boynton Beach, Gulfstream Mobile Home Estates. LOCATION: Lot at the southeast end of the City, between Old Dixie Highway and U.S. 1. DESCRIPTION: Request to rezone from C-3 (Community Commercial) to C-4 (General Commercial) for the purpose of implementing the 1989 Comprehensive Plan. Jorge Gonzalez made the presentation. This request includes five lots for a total of 4.96 acres. The land use designation in place is General Commercial which is consistent with the C-4 zoning being requested. The basis for this rezoning is Planning Ares 1.q of L~nd Use Problems and Opportunities section of the Comprehensive Plan which states that lots along Old Dixie Highway are not suitable for retail use and therefore should be in the General Commercial category C-4 zoning district. He delineated the property on an aerial showing that the northernmost lot is occupied by a residential structure, the lot below is vacant and the third lot is occupied by a vacant structure, the next lot is occupied by the Knights of Columbus building and the final lot is occupied by the western portion of Gulfstream Mobile Home Park. Nathan Collins asked if resident owners have been notified of this rezoning request. He was notified by Chris Cutro that all property owners and those within 400 feet have been notified. Chairman Rosenstock asked Chris Cutro about five pockets or islands which exist at the south end of the city line which are not part of the City. Mr. Cutro explained that the Planning Department is working up a report on the cost to bring these enclaves into the city. These were created by the annexation pattern which has taken place. This will be evaluated and a - 4 - MINUTES - PLANNING & ZONING BOARD MEETING BOTfNTON BEACH, FLORIDA JULY 9, 1991 workshop will be held before the City Commission who will give direction as to which parcels to annex. Mr. Cutro explained that the residential homes in these areas are served by well water and septic tanks. Shirley Stevens expressed her concern about these pockets with regard to police and fire enforcement. A1 Fitzpatrick, 100 Miller Road, Deerfield Beach, advised that he lives in the area being affected. He feels his well water is better than the City water. He has a vacant lot across from his house and is concerned with what will go in there if the lot is rezoned. It was established that Mr. Fitzpatrick lives in the unincorporated area and there are no development plans right now for that area. Marilyn Huckle stated that the proper=y under Application #24 is already commercially zoned; it is merely to be changed to a dif- ferent category within commercial zoning code. Shirley Stevens moved that the Board approve Application %24, Planning 1.q to rezone from C-3 (Community Commercial) to C-4 (General Commercial) for the purpose of implementing the 1989 Comprehensive Plan which was seconded by Nathan Collins. The motion carried 7-0. APPLICANT: City of Boynton Beach AGENT: Christopher Cutro, Planning Director PROJECT NAME: Application No. 25 (Planning Area 3.f) OWI~ER(s): Richard Parsons, Texaco Ref. & Marketing, Inc., Lloyds Plaza, Lloyd and Marian Millanise, Texaco Inc., Lance and Ryan and Kerwin Wooten, Ka Hock Go, Stephen K. Jones, John Burns, Serge and Helen Pizzi, Randall and Mary Ebling, David Karasik, Durward and Mildred Doxtad, First Baptist Church of Boynton Beach, Judith Gibson, Wilhens Nelson, Christine Taylor, Christine Allen, Peter Genna, Barbara Matthews, Bo3aco Realty Corp., David and Judith Roellig, Michael and Angelo Agnello, John Schneider, Daniel O'Connell, Irving Salinas, Systems Council V-4 Bldg. Corporation, Jacquelyn De Aguero. - 5 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 LOCATION: Lots on the north and south Boynton Beach Blvd. between Seacrest Blvd. side of 1-95 and DESCRIPTION: Request to rezone from C-2 (Neighbor- hood Commercial) to C-1 (Office Professional) for the purpose of implementing the 1989 Comprehensive Plan. Jorge Gonzalez made the presentation. This request includes 38 lots for a total of 8.94 acres. The land use designation in place is Office Commercial which is consistent with C-1 zoning being requested. The basis for this rezoning is Planning Area 3.f of Land Use Problems and Opportunities section of the Comprehensive Plan which sta~es that the Local Retail Commercial land use which lies on both sides of Boynton Beach Boulevard should be changed to Office Commercial and the zoning changed from C-2 to C-1. This change in rezoning was also recommended in the City Community Redevelopment Plan which was adopted in December 1989. A hand-out was provided colored in yellow to depict office, orange to depict retail commercial and purple to depict a mixture of office and retail commercial. A letter of objection to this application from Michael Agnello was read and entered into public record. The letter is attached as Addendum A. His property was pointed out as being located on the corner of N.W. 3rd and West Boynton Beach Boulevard. Gary Lehnertz explained that ideally the thinking of the Planning and Zoning Board when the recommendation was made was to make this C-1 zoning one block deep along Boynton Beach Boulevard. By putting office/professional buildings up towards the front of Boynton Beach Blvd. and using the second lot behind the building for parking, it would move cars and traffic off the street and give Boynton Beach Blvd. a facade of buildings and landscaping without being cluttered up with cars. Since this application does not deal with more than one lot deep, he expressed that it is his hope that this will be done in a future application. Barbara Matthews, 220 W. Boynton Beach Boulevard, at the south- west corner of N.W. 2nd, voiced her opposition. She has owned this property for 20 years during which time this property has been zoned C-2. She is deeply concerned about restricting her use in terms of devel~opment:. She expressed that property owners in the area have endured numerous moratoria, several studies by Urban Design, and demolition proposals on their property. She asked for a purpose for thiis further restriction of use other than just to conform with t~e Plan. She pointed out that there are already many large buildings with vacant offices. - 6 - MINUTES PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 John Schneider spoke next. Although he is not a resident of Boynton Beach, he owns property across from Mr. Agnello's proper- ty. He understands that the City is interested in upgrading this area as an approach to City Hall and the downtown area coming off 1-95. However, he does not know if this is the right approach. He requested that the Board not recommend this change. He stated that no one can get financing for building office space unless the owner is able to show that he will be able to rent the space. Be believes there are better alternatives; he does not believe upgrading zoning from C-2 to C-1 is the best solution. Richard Parsons, 458 S.W. Third Ave., owner of a business at 435 W. Boynton Beach Boulevard, e~pressed his opposition to zoning for the reasons mentioned by the previous owners. Ne stated that trees along the Boulevard with parking in the rear may be an option but a line of unoccupied office space is not pleasant. It was his understanding that there was a land use amendment that was to be made and initiated by the City Commission on July 17, 1990 when he appeared at s Commission meeting. He read from the minu- tes of that meeting (Sea Addendum B) w~erein!Mr. Cannon, Senior City Planner, was informed that the City Sta~ff was now to change the land use for Capt. Frank's (M~. Parson's establishment). Ne read a communication from City Manager, Scott Miller, (see Addendum C attached) which asks that the ~lanning'Depar~ment proceed in pro- cessing an amendment to the C~omprehensive Plan regarding changing the land use for the commercial frontage on the north and south sides of Boynton Beach Boulevard between Seacrest Boulevard and 1-95 from office Commercial ~ack to Local R~tail Commercial. Mr. Parsons went on to read from the minutes of July 17, 1990 City Commission meeting (see ~ddendum B) stating that in response to an inquiry from Mayor Moore, Mr. Cannon advised the land use on any portion of land under three acres csn~be changed if the appplicant does not want to be subject to the twice s year limi- tatIon on Comprehensive Pla~ Amendments and further that Capt. Frank's Seafood could request a change from ~-1 to C-2 or the Copmmission could instruct the City Staff ~o prepare an Ordinance ~o be a Plan amendment. Mr. Parsons then read a letter that he sent to Mr. Golden of the Planning Department (see Addendum D) requesting verification that the City Commission directed the Planning Department to change the land use along Boynton Beach Boulevard between Seacrest and 1-95 back to local retail commercial zoning. Mr. Parsons went on to read the letter he received in response ~rom Mr. Golden (see Addendum E) stating that the City Commission directed the Planning Department to prepare an amendment to the City's Comprehensive Plan to change the land use for the commer- cial frontage from Office Commercial back to Local Retail Commercial. - 7 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 Discussion ensued between Chairman Rosenstock, Yamile Trehy and Chris Cutro with Mr. Cutro explaining that the City Commission can request Planning to do studies and start petitions but this does not automatically mean that the Planning Department will recommend in favor of those petitions. Mr. Parsons then asked what follow up was done on the letter from the Planning Department. Mr. Rosenstock stated he was unable to give Mr. Parsons an answer. Chairman Rosenstock stated that if the Board votes to table an application, it is a negative vote and the matter will be turned over to the City Commission. Peter Genna, 202 W. Boynton Beach Boulevard, at the corner of First, opposes the proposed change in zoning. Kiernan Kilday, 636 W. Boynton Beach Boulevard, represents the Texaco station, who have existing uses on both sides of the road. He doesn't feel that rezoning the property C-1 will be an incen- tive to make things happen but rather will limit new uses. He also doesn't believe that leaving it zoned at C-2 is the answer because that will only serve to leave the existing uses in place and allow other uses to come in without special uses. His suggestion is that the Board consider something similar to what Urban Design Studio did in Jupiter known as the Indiantown Overlay District. It sets minimum standards which are stricter than other areas in town creating different village concepts as well as significant areas with regard to landscaping, slgnage, pavement details, and setbacks but still preserves the rights to allow a variety of uses. He stated that Texaco has purchased adjacent properties during the past years in order to allow for upgrading and meeting code requirements for an overlay district. Mr. Kilday suggested that the Board recommend an overlay district be designed ~or this area with some restrictions on uses while allowing for a variety of uses and urges people to park one place and walk from one place to another. Chairman Rosenstock asked Mr. Cutro about the distance from the back of the curb to the actual property line where the building starts which appears very small and difficult to work with. Mr. Cutro explained these front setbacks were eroded by widening of the road. Chairman Rosenstock then asked Mr. Cutro about the questions posed by Mr. 9arsons. Mr. Cutro suggested that since those events took place under the previous City Commission, perhaps the City Commission must readdress that question. Lloyd Millanise, owner of three parcels of land east of 3rd on Boynton Beach Boulevard and Lloyds Plaza, expressed his strong resentment to rezoning this area from C-2 to C-1 as he feels this would create a hardship on the owners of these properties. - 8 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 AT THIS POINT C~tAIRMAN ROSENSTOCK CLOSED TEE PUBLIC HEARING. In comments from Gary Lehnertz, he stated that it had been pointed out to the Board this evening that taking the property from C-2 to C-1 is not going to guarantee how the development will go because there are already a lot of vacant office sites around the City. Also there are a large number of retail com- mercial sites around the City which are vacant and losing tenants so keeping the property retail commercial does not guarantee a change or upgrade either. He believes the major problem is the lots are too small, the roads are too small, buildings are too close to the street therefore there is no room for landscaping and parking. To develop sites as they are now there is no room to put anything. This is the reason for the driving force to make it a block deep rether than a lot deep, bringing buildings back from the street, landscape the front and allow parking in the rear. As shown in prior applications, the City, now at buildoUt, is significantly over retail commercial that is seeded for the next 10 to 15 years. Therefore he would like to recommend that the Board follow the Planning Department's recommendation and make this property C-1 Office retail. Discussion ensued concerning design plan of the City being summed up by Mr. Cutro who stated that the Community Design Plan spells out three different architectural categories in which to build which applies to the entire City. Be is not certain if this is a'n ordinance or resolution but he believes the area in question falls in the coastal village motif. There being ~no further comments, Gary Lehnertz moved that the Board recommend approval o~ the request to rezone from C-2 (Neighborhood Commercial) to C-1 (Office Professional) for the lots on the north end south side of Boynton Beach Boulevard between 1-95 and Seacrest Boulevard, being Application ~25, Planning Area 3.f. The motion was seconded by Murray Howard. The motion carried 4-3, with opposition from Mrs. Stevens, Mrs. Huckle and Mr. Cwynar. Gary Lehnertz made e motion that the Board recommend to the City Commission that they ask the Planning Department to evaluate and come back with a report on deepening the C-1 zoning to a one-block depth on the north and south sides of Boynton Beach Boulevard between Seacrest Boulevard and 1-95 and the motion was seconded by Murray Howard. The motion carried 6-1 with William Cwynar opposing. APPLICA~NT: AGENT: City of Boynson Beach Christopher Cutro, Planning Director MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 PROJECT NAME: Application No. 26 (Planning Area 3.f) OWNER(s): Charles and Linda Leemon L OCAT I ON: Site occupied by the Holiday Inn Hotel located at the southeest corner of 1-95 and Boynton Beach Boulevard. DESCRIPTION: Request to rezone from C-1 (Office Commercial) and C-2 (Neighborhood Commercial) to C-3 (Community Com mercial) for the purpose of implement- ing the 1989 Comprehensive Plan. Jorge Gonzalez made the presentation. This request includes one lot and portions of three parcels for a total of 1.06 acres. The land use designation in place is Local Retail Commercial which is consistent with C-3 zoning being requested. The basis for this rezoning is Planning Area 3.f of Land Use Problems and Oppornunities section of the Comprehensive Plan which states the site occupied by Holiday Inn is currently divided between two land use categories (Local Retail and Office Commercial) and is divided among three zoning districts (C-l, C-2 and C-3). In order to bring the entire si%e into conformance with the Future Land Use Map and the zoning regulations, the entire site should be placed in the Local Retail Commercial land use category and C-3 Community Commercial zoning district. This rezonlng application is not for the actual Holiday Inn building which is C-3 but rather for two parking lots which are in C-2 and C-1. Discussion ~ensued concerning the intent of the owner of the Holiday Inn. At this point Jorge Gonzalez read a letter received from Mrs. Thomas Brooks of 434 N.W. 1st Avenue objecting to the proposed zoning change. (see Addendum F) The Board expressed concern over changing zoning from C-3 to C-1 in the previous application heard and then in this case from C-2 to C-3. Discussion ensued. Chairman Rosenstock turned the gavel over to Vice Chairman Lehnertz, at which time Vice Chairman Lehnertz opened the public hearing. Richard Parsons returned to the podium to ask why the Planning and Zoning Board initiated this. He then read from the Comprehensive Plan Land support documents (see Addendum G 10 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 attached) concerning the Holiday Inn site. These documents state that in order to bring entire site into conformance with Future Land Use Plan and the zoning regulations, the entire site should be placed in the Local Retail Commercial land use category and C-3 Community Commercial zoning district. AT THIS POINT, VICE CHAIRMAN LEHNERTZ CLOSED THE PUBLIC HEARING. Chairman Rosenstock moved to deny Application ~26~ Planning Area 3.f, request to rezone from C-1 (Office Commerclal) and C-2 (Neighborhood Commercial) to C-3 (Community Commercial) for the purpose of implementing the 1989 Comprehensive Plan, with the zoning to remain as is. The motion was seconded by Mr. Howard. The motion carried 6-1 with oppos~ition by Vice Chairman Lehnertz. The Application was denied. After discussion, Chairman Rosenstock moved to reconsider the previous motion and tha-t that motion be changed to state specifically that the area on the north side of the Holiday Inn facing Boynton Beach Boulevard be zoned C-1 from the current C-2 zone code. The motion was seconded by Mr. Collins. The motion carried 5-2 with opposition by Mrs. Huckle and Mr. Cwynar. Chairman Rosenstock moved that the Board deny Application ~26. The motion was seconded by Mr. Collins. The motion carried 6-1 with opposition by Mr. Lehnertz. Chairman Rosenstock moved to delete the recommendation for Planning Area 3.~ and to initiate a petition for the area in the petition zoned C-2 to change the land use designation to Office/ Commercial and the zoning to C-1 (O~ice/Professional). The motion was seconded by Mr. Howard. The motion carried 4-3, with * opposition by Mrs. Stevens, Mr. Cwynar and Vice Chairman Lehnertz. APPLICANT: City of Boynton Beach AGENT: Christopher Cutro, Planning Director PROJECT NAME: A~plication No. 27 (Planning Area 7.d) OWNER( s ) · Boynton - JCP Assoc Ltd. LOCATION: Parcel at the northwest corner the Boynton Beach Mall. DESCRIPTION: Request to rezone from CG (General Commercial) in Palm Beach County to C-3 (Community Commercial) for the purpose of implementing the 1989 Comprehensive Plan. *See Minutes of 8/13/91 for - 11 - statement by Ms. Huckle. MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 Jorge Gonzalez made the presentation. This application is being initiated to implement the Comprehensive Plan and is pursuant to the terms in the Boynton Beach Mall DRI which was approved by the Treasure Coast Regional Planning Council on February 15, 1991 and the City Commission on March 5, 1991, Resolution 91-37. The basis is the Comprehensive Plan which states that Boynton Beach Mall is seeking approval of a substantial deviation from the Boynton Beach Mall Development of Regional Impact to use part of this natural area for parking, in order to accommodate an addi- tional anchor store. The natural ares which remains after the completion of this deviation procedure should be placed in the Recreational lend use category and the REC zoning district. The purpose of this application is to match the Amended Development Order that was approved for the Palm B~ach DRI by the Treasure Co~st Regional Planning Council, the City Commission a nd the 1989 Comprehensive Plan. Discussion ensued concerning the amount of land that would be turned into parking. There being no comments from the public, the public hearing was closed. Matt Conahan, representing the owner, Boynton JCP Associates, explained that this application is in compliance with an agreement of 3-1/2 years ago stating that if the City would con- sider the DRI change, Boynton JCP Associates would join in a Comprehensive Plan change and rezoning that was consistent with whatever the City had adopted. Members of the board asked questions of Mr. Conahan regarding the maintenance plan and road- work. Mr. Conahan gave the Board a status reort on the roadwork that has been accomplished to date. Vice Chairman Lehnertz moved that the Board recommend approval of Application ~27, Planning Area 7.d, to rezone from CG (General Commercial) in Palm Beach County to C-3 (Community Commercial) for the purpose of implementing the 1989 Comprehensive Plan. The motion was seconded by Nathan Collins. The motion carried 7-0. APPLICANT: City of Boynton Beech AGENT: Christopher Cutro, Planning Director PROJECT NAME: Application No. 28 (Planning Area 7.d) 12 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 OWNER ( s ). - Boynton - JCP Assoc Ltd. LOCATION: Parcel at the northwest corner the Boynton Beach Mai1. DESCRIPTION: Request to rezone from C-3 (Community Commercial) to REC (Recreation) for the purpose of implementing the 1989 Comprehensive Plan. Jorge Gonzalez made the presentation. This application is being initiated to implement the Comprehensive Plan and is pursuant to the terms in the Boynton Beach Mall DRI which was approved by the Treasure Coast Regional Planning Council on February 15, 1991 and the City Commission on March 5, 1991, Resolution 91-37. The basis is the Comprehensive Plan which states that Boynton Beach Mall is seeking approval of a substantial deviation from the Boynton Beach Mall Development of Regional Impact to use part of this natural area for parking, in order to accommodate an addi- tionaI a~chor store~ The natural area which remains after the completion o~ this deviati,on p~ocedure should be placed in the Recreational land use category and the REC zoning district. The purpose :of this application is to march the Amended Development order t~a~ was approved for the Palm Beach DRI by the Treasure Coast Regional Planning Council, the City Commission and the 1989 Comprehensive Plan. There b~ing no comments from the public, the public hearing was closed. Nathan Collins moved that the Board approve Application ~28, Plan~ing Ares 7.d, to rezone ~rom C-3 (Community Commercial) REC (,Recreation) for the purpose of implementing the 1989 Comprehensive Plan. The motion was seconded by William Cwynar and the motion carried 7-0. APPLICANT: City of Boynton Beach AGENT: Christopher Cutro, Planning Director PROJECT NAME: Application No. 15 (Planning Area 7.d) OWNER(s): Boynton - JCP Assoc Ltd. L CE]AT I ON: Parcel at the northwest corner of the Boynton Beach Mall. DESCRIPTION: Request to rezone from CG (General Commercial) in Palm Beach County to REC (Recreation) for the purpose of implementing the 1989 Comprehensive Plan. 13 - MINUTES - PLANNING & ZONING BOARD MEETING BOYI~TON BEACH, FLORIDA JULY 9, 1991 Jorge Gonzalez made the presentation. This application is being initiated to implement the Comprehensive Plan and is pursuant to the terms in the Boynton Beach Mall DRI which was approved by the Treasure Coast Regional Planning Council on February 15, 1991 and the City Commission on March 5, 1991, Resolution 91-37. The basis is the Comprehensive Plan which states that Boynton Beach Mall is seeking approval of a substantial deviation from the Boynton Beach Mall Development of Regional Impact to use part of this natural area for parking, in order to accommodate an addi- tional anchor store. The natural area which remains after the completion of this deviation procedure should be placed in the Recreational land ~s~ c~tegory and the REC zoning district. The purpose of this application is to match the Amended Development Order that was approve~ for the Palm Beach DRI by the Treasure Coast Regional Planning Council~ ~he City Commission and the 1989 Comprehensive Plan. Th sre being no commen~s from t~e public, the public hearing was closed. Vice C~airman Lehnertz moved to recommend approval of Application ~1§, Planning Area 7.d, to rezone from CG (General Commercial) in Palm Beach County to REC (Recreation) for the purpose of imple- mentin~ the 1989 Comprehensive Plan. The motion was seconded by William Cwynar and the m~tlon carried 7-0. RESTAURANT C-1 ZONING Msrilyn Huckle expressed her concern regarding the application made by Buseh?s Restaurant, specifically that a nighttime restaurant such as Busch's was proposing would have no legitimacy as an adjunct to an office. It is her opinion that restaurants should ne~er be approved as conditional use in C-1 zoning districts as they are not related in any way to the permitted use. Chris Cutro responded by saying that a conditional use should have conditions attached to it. He suggested that Planning and Zoning can initiate text changes to the zoning code. Discussion en:sued among the Board members and Chris Cutro who suqgested the Board develop some recommendations to C-1 and ~urther recommended looking selectively at some sites and creating a new zone, possibly considering ~he square footage involved. SPECIAL MEETING At the request of Mr. Cutro, second review of Chapter 19. August 1st was established for a 14 - *correct to read, ...districts if they are not related in any way..." MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JULY 9, 1991 ADJOURNMENT The meeting properly adjourned at 10:30 P.M. Sam Kontos Recording Secretary) (Four Tapes) - 15 -