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Minutes 06-11-91MINUTES OF THE PLANNING AND ZONING BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, ON TUESDAY, JUNE 11, 1991 AT 7:00 P.M. FL PRESENT Maurice Rosenstock, Gary Lehnertz, Vice Nathan Collins Cynthia Greenhouse Murray Howard Marilyn Huckle Shirley Stevens Chairman Chairman Chris Cutro, Director of Planning James Cherof, City Attorney ABSENT William Cwynar, Alternate Efrem Hinsonr Alternate Chairman Rosenstock called the meeting to order at 7:15 p.m. Present in the audience were Mayor Arline Weiner, Vice Mayor Ed ~armening, Former Mayor Ralph Marchese and Commissioner Lynne Matson. AGENDA Cynthia Greenhouse requested that an item be added to ~8 Comments by Members dealing with an administrative restruc- turing of the review process by the Technical Review Board. Mr. Cutro requested that an item be added at the end of New Business dealing with an exception Of planning of the new Busch's Restaurant. Nathan Collins moved to accept the agenda which was seconded by Cynthia Greenhouse. Motion carried 7-0. APPROVAL OF MINUTES Marilyn Huckle asked for a correction to be made to Page 4, Paragraph 6, with regard to the Day Care Center. The minu- tes should be corrected to show that the applicant and her agent were not in the audience. A correction should be made to Page 32, Application ~13. The description should read, "Request to rezone from R-2 (Duplex Residential) to C-2 (Neighborhood Commercial) for the purpose of implementing the 1989 Comprehensive Plan. Gary Lehnertz motioned to approve the minutes of the May 14th meeting which was seconded by Marilyn Huckle. The motion carried 7-0. * COMMUNICATIONS AND ANNOUNCEMENTS None See July 9, 1991 minutes for correction. The minutes were not approved mn order that Board could review. 1 Members MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 OLD BUSINESSS None NEW BUSINESS A. PUBLIC HEARINGS 1. PROJECT NAME: Planning Area 8.h - Office Commercial Parcel at Hunter's Run APPLICANT: City of Boynton Beach AGENT: Christopher Cu~ro, Boynton Beach Planning Director OWX~ER: Summit Associates Ltd. L OCATI ON: The west side of South Congress Avenue, east of Hunters Run P.U.D. DESCRIPTI ON: Request to change the land use of Planning Area 8.h from "Office Commercial" to "Local Retail Commercial" on the Future Land Use Map and to amend the corres- ponding language within the Comprehensive Plan, Support Documents, to delete the 'Office Commercial" land use recommenda- tion and refer to a stipulation and settlement agreement result- ing from a previous court decision. Mr. Cutro made the presentation. He began by reading from Planning Department Memorandum No. 91-131. The land use classification for the above-mentioned property was changed from "Local Retail Commercial" to "Office Commercial". It is felt that the final judgement made in 1973, involving Palmland Development Corporation and the City's Planning and Zoning Board, was either overlooked or not taken into ~ull consideration. Summit Associates Ltd., the current owners, have requested the City Commission to amend the Future Land Use Plan by reverting the land use designation to "Local Retail Commercial", and to maintain the current C-3 zoning designation. Mr. Cutro pointed out that this request to change from "Office Commercial" to "Local Retail Commercial" is inconsistent with the Comprehensive Plan, as detailed in Planning Department Memorandum No. 9t-131w and MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 despite the tone of the City Commission's recommendation, this petition should be denied. Ron Kolins, attorney representing Summit Associates Ltd., spoke on behalf of his client. In his opinion, from the planning perspective, there is no option but his option. He stated that the City mandated this item and it is mandated by the judgment of the court. The issue is the court has accepted a stipulati~on and agreement between his client and the City of Boynton Beach and the court can only change that, and the City has acknowledged that. The transcript of the meeting when the City Council considered this and the motion and unanimous vote to proceed, are a matter of public record. Given the status of the final judgment of the court, the amendment should be, and must be, approved. Mr. Kolins c~ncluded his present,ation, but asked Chairman Rosenstock for permission to rebut any future comments. Chat rm~n Rosanstock agreed to this request. There were no questions from Board members at this point. Nancy Stroud, attorney reDresenting the residents of Huntsrs Run, spoke on behalf of her clients. Her reason for being at the meeting was to urge the Board not to change the land use. She addressed a claim that had been made in informal proceedings that the change being proposed needs to be made because there had been a clerical error in 1989. In her opinion, this is the position of the land owner. There should be no uncertainty. There was no clerical error. It was the position of the City Commission, after much delibera- tion in 1988. The City Commission was reques,ted to change the land use and the zoning on, the property and directed its staff to look into the fin~ql judgment. The s~taff did that with the City Attorney. Mr. Cherof agreed that this is fact. Ms. Stroud continued by saying that the land owner is now trying to undo what the Commission did. The City did not mandate the Planning Commlss:lon to do anything. -The final judgment was delivered in 1973. Two established prin- ciples of law require us to look again at the circumstances of the judgment. Judicially-approved zoning classifications can be changed if it warrants a different result. Where there are changed circumstances, an earlier final judgment does act to preclude a f%~l 3udgment. She stated that the staff has provided an excel~lent review of the changes that have taken place, but this change is totally unnecessary. The basis on which the 1973 court order was g~ven found that Palmland had vested rights and should be given this zoning. A new land owner does not gain the vested rights of the pre- v~ous owner. One of the major changes we deal with is the seriousness with which planning is Involved. Much more is required of cities today. They realize conditions change at - 3 - MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 least every five years and definitely over eighteen years, and changes must be incorporated. Ms. Stroud urged the Board to continue with the decision made years ago and keep the land use as "Office Commercial". Chairman Rosenstock thanked Ms. Stroud for her presentation and offered her a future opportunity to rebut comments. There were no questions from the Board members. Chairman Rosenstock asked the audience wanted to speak in favor of Mr. Kolins' the audience accepted. if anyone present position. No one in Mr. Dan Richte~ of 3565 South Lake Drive, Boynton Beach, voiced his opposition to the change. He claims to be a resident of Boynton Beach for twenty years. His residence is directly east of Hunters Run. He was a member of the Planning and Zoning Board who worked on the Comprehensive Plan. This plan was to review all zoning in the City and keep everything going in the right direction for the benefit o~ its citizens. He admitted that there have been some errors made, but the City has done a good job. It is his feeling that the Comprehensive Plan should take precedence. Mr. Lucien Kominski of 20 Bristol Lane, has lived in the community for ten years. He felt that if this amendment were passed, the area would then have to deal with heavy traffic, garbage and rodents. He doesn't see the need for another empty strip mall. He asked that the 1,500 families living in Hunters Run be protected. He suggested that the Board conform to the Comprehensive Plan. Former Mayor Ralph Marchese of 1901 Roma Way, Boynton Beach, stated that the City is obliged by law to review the Comprehensive Plan and in his opinion, that was done. The Planning Department passed down its recommendation so that the Commiss~loners could review and inspect. He did review and inspect each piece of land. He felt the Planning Department made the right decision by chosing offices. He stated that Hunters Run is a "jewel" in Boynton Beach and the City h~s an obligation not only to update its Comprehensi~ve plan, bu~ to protect the people of the City at all costs. He urged, and strongly recommended, that the Board not precipitate the growth of a slum area in the vici- nity of Hu~ters Run. The Commission voted in 1988 to assure that it remain a place for offices. He urged them to keep it that way. Mr. Sam Rubinstein of spoke about how he has It is his opinion that 15A West Gate Run, Boynton Beach, enjoyed his lifestyle at Hunters Run. none of the residents want commercial MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 zoning in the area. He felt that available ~here people can shop. Board to settle this issue. there are many areas now He asked for help from the AT THIS POINT, CHAIP~ ROSENSTOCK CLOSED THE PUBLIC HEARING. Mr. Kolins returned to the podium to rebut comments made by the public. In response to a remark by Former Mayor Marchese, Mr. Kolins stated that the developer Would not do anything to make the area appear a slum. He again stated that he was present at this meeting to correct an acknowledged error. At this point, Chairman Rosenstock stopped Mr. Kolins to question City Attorney Cherof as to whether or not a record of the City Attorney exists from that time. To the best of his knowledge, the record does exist. He stated that we are not talking about a judicially apuroved zoning classification that can be changed, we are talking about a f~nal judgment, a st~ipulation, a settlement and~ an agreement, and he trusts that when a court requires something, only that court can chang~ it. One of the changes is that the final judgment and stipula- tion agreement required his client to do things that were costly. Every obligation imposed by the court on his client and the predecessor has been satisfied. He purchased this property subject to certain ability to develop it. His client has met the requirements of the stipulation agreement. He feels the action in 1989 by the City was a mistake and should be rectified. He claims the City Commission acknowledged this and in their vote on October 16, 1990, Mrs. Weiner made the motion to go along with Mr. Cherof's recommendation. His recommendation was a five- point plan and one of the points was to change the plan and have the City bring the application to the Board just as it's being done now. That motion was passed u~animously. He stated that sometimes it is politically difficult to do the right thing. In this case, he asked not Only the right thing be done, but the legally-required thing be done. Ms. Stroud returned to the podium and stated that the Board will have to base its decision on reasoned information that was given by staff, and she urged the Board to follow the recommendations of staff. Cynthia Greenhouse took exception to Mr. Kolins' statement regarding how politically difficult it can be to do the right thing. She stated that she never finds it politically difficult to do the right thing. - 5 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 Gary Lehnertz asked Mr. Kolins to briefly explain to all present what is involved in the vesting process. Mr. Kolins responded that a party is entitled to rights which become vested when by some principle of law, or by some action taken by that party, his rights are recognized in the law and cannot be taken away from him at a certain point in time. Mr. Kolins was questioned by Gary Lehnertz as to why this property has done ~or twenty years without any interest by the current or previous owners regarding development. Mr. Kolins stated that he cannot tell why others did or did not do thingsr but Summit acted to its detriment by paying a price for the property that included the ability to have commercial development on it. Chairman Rosenstock questioned Mr. Cutro and Mr. Cherof regarding whether or not the records have been searched to find out if there were public notices in the court and were -the statutes published in the local newspapers with regard to notification to all individuals in the City of Boynton Beach with regard to the Comprehensive Plan changes. Mr. Cutro was unable to answer and Mr. Cherof responded that there was nothing to indicate otherwise. Chairman Rosenstock questioned Mr. Kolins as to why his client did not come forward when the Comprehensive Plan was being promulgated. He stated that the client relied upon the validity of the final judgment stipulation and agreement. Chairman Rosenstock asked for questions from the Board for either attorney or anyone else in the room. Shirley Stevens stated that it seems to her that times change and laws change with them. After a careful review of the area, the change to "Local Commercial" would not be appropriate. This area does not call for commercial development. She feels commer- cial development in this area would be detrimental to the health, safety and welfare of the citizens of the area and, therefore, she does not support the petition. Nathan Collins feels it is not a difficult decision to arrive at. He spent much time working on the Comprehensive Plan with members of the Board. The residents of the area have a valid concern. He does not support the petition. Murray Howard worked on the Comprehensive Plan and goes along with the Planning Department. There are too many shopping areas in the area. Cynthia Greenhouse based her decision solely on a planning perspective and concurs with the recommendations of the Planning staff. - 6 - MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 Gary Lehnertz asked if zoning can be changed when cir- cumstances change, and the answer is yes. If this court settlement came eighteen years ago~ why is the land still undeveloped and not used for all this time? In these regards, it does not appear this land has been vested and agrees with his colleagues that a C-1 is preferable to a C-3. Marilyn Huckle based her decision solely on a planning perspective and £utly supports a denial of the application and supports the Planning Department's recommendation. Chairman Rosenstock feels that strictly from a planning perspective, in light of all of the elements heard, a muni- cipality has the right to determine its future and present land uses and a community has a rlqht to change the regulations. Nathan Collins made a motion to deny the request to change the land use of Planning Area 8.h from Office Commercial to Local Retail Commercial on the Future Land Use Map and to amend the corresponding language in the Comprehensive Plan to support documents to delete Commercial land use recommendation and refer to a stipulation and settlement agreement resulting from a previous court decision, Project Name: Planning Area 8.h Office/Commercial Parcel at Huntsrs Run, Agent: The City of Boynton Beach, Located the west side of Congress Avenue, east of Hunters Run, P'.U.D. The motion was seconded by Gary Lehner~z. Chairman Rosenstock asked if City Attorney Cherof felt the vote was valid. He responded that it was proper. The motion carried 7-0. REZONINGS 2. APPLICANT: AGENT: PROJECT NAME: LEGAL DESCRIPTI ON: City of Boynton Beach Christopher Cutro, Planning Director APplication No. 16 (Planning Area 1.a) Lots 25-53 and Lots 76-121, Lake- side Gardens", according to the plat thereof, as recorded in Plat Book 8, Page 57 Of the Public Records of Palm Beach County, Florida. - 7 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 Containing 6.21 acres, more or less and subject to easements and rights of way records. DESCRIPTION: Request to rezone from R-1AA (Single Family Residential) to R-lA (Single-Family Residential) for the purpose of implementing the 1989 Comprehensive Plan. OWNER(s): John G. Fox, Helen Marcinkowski, John F. & Christine M. Gann, Theodore G. & Norma J. Miller, R.P. & Sandra S. Smith, Michael A. & Ramona Mrotek, Martin J. & Kathryn McGee, Dale E. & Doris V. Wisener, David D. Centola, A.J. & Florence Brown, J.E. Pokorsi, R.A. Parker, Deliria Investments, Inc. Mr. Gonzalez made the presentation and reminded the Board that these rezonings are being initiated to reflect the 1989 Comprehensive Plan. If a recommendation is put forth for denial, it must be accompanied by a recommendation to amend the Comprehensive Plan. This request is for the lots in the Lakeside Subdivision, southeast of Dimick Road. It includes 27 lots for a total of 6.21 acres. The Land Use Destination in place is low density residential which is consistent with both the existing R-1AA zoning and the proposed R-lA zoning district. The basis for the rezoning in Planning Area 1.a is that, in accordance with the Comprehensive Plan, the remainder of the Lakeside Subdivision should be rezoned from R-1AA to R-lA since there are a large number of parcels in the subdivision for which lot frontage and areas are substantially less than required by the R-1AA zoning district. Five of the twenty-seven lots are currently vacant. If denied, a text amendment will be necessary to delete the recommendation of Planning Area 1.a. Marilyn Huckle spoke briefly about changing an R-1AA neigh- borhood for the purpose of improving the appearance of a map. She felt is was not appropriate to change an R-1AA area that is already built up. Mr. Gonzalez clarified that the intent was that the existing dimensions of the lots are closer to R-lA than to R-1AA zoning district. Nathan Collins pointed out that the close proximity of the lots would lend itself to R-lA rather than R-1AA. Mr. Cutro suggested that the Board deny this request and the Planning Department will do a more thorough investigation into the development pattern in the area. - 8 - MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 With no other questions Board members, Chairman the audience. for the Planning Department from Rosenstock asked for remarks from Ms. Doris Weiser of 622 Dimick Road, stated that she has been a resident of this area for twenty years. She purchased in this area because she likes the neighborhood the way it is now. She wants the zoning to remain as Is. Mr. Mike Mrotek of 2624 Lake Drive North, stated that after reviewing the Comprehensive Plan, it appears that the lots were excluded because they were mentioned separately in the overall plan. He read from Section 8, Planning Area 1, Coastal Area 1.a. He showed that a split usage was propoed initially. It was Mr. Mrotek's opinion that the residents purchased their land knowing that it was R-1AA and nothing would be accomplished by recategorizing this property now. He feels the property value will be lowered. Mr. Mrotek submitted a petition which is signed by twenty-six residents of the area. Marilyn Euckle questioned Mr. Mrotek about the vacant lots in the area and he explained that they are owned by resi- dents in the area. These lots are approximately 50' wide and do not meet the requirement of R-lA. She asked if these lots are independent lots, side lots of property owners or lots still open to development. Mr. Mrotek explained that some of the residents own more than one lot. Only one lot being considered for building is on the north side of Lakeside Drive between Potter and Dimick Road. Mr. Michael Messingschlager of 2601 Lake Drive North is a newcomer to the area who purchased in this area because of its quiet atmosphere. He is not in favor of a mariner being built in the area. Marilyn Huckle questioned Mr. Mrotek's remark about a 50' lot not meeting the requirement for R-lA. Mr. Gonzalez verified that a 60'frontage is required for R-lA. Gary Lehnertz moved to deny the request to rezone from R-1AA (Single Family Residential) to R-lA (Single-Family Residential) lots in Lakeside Gardens Subdivision Southeast of Dimick Road Application No. 16, Planning Area 1.a and in con~unction with the motion made a recommendation that a land use amendment be initiated to the Comprehensive Plan to retain the existing zoning designation. The motion was seconded by Marilyn Huckle and carried 7-0. MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 3. APPLICANT: City of Boynton Beach AGENT: Christopher Cutro, Planning Director PROJECT NAME: Application No. 17 (Planning Area 1.b) OWNER(S): John R. Rosseau LOCATION: Lot on the south side of N.E. 21st Avenue (alley), west of the F.E.C. tracks. LEGAL DESCRIPTION: Lot 30, less the west 483 feet, "Sam Brown Jr.," according to the plat thereof, as recorded in Plat Book 1, Page 81 of the Public Records of Palm Beach County, Florida. Containing .50 of an acre, more or less, and subject to easements and rights of way record. DESCRIPTION: Request to rezone from R-3 (Multi- Family Residential) to C-2 (Neigh- borhood Commercial) for the purpose of implementing the 1989 Compre- hensive Plan. Jorge Gonzalez made the presentation. The request includes one lot for .50 acre. The land use designation in place is consistent with the C-2 zoning district being requested. There is an existing animal clinic on this site. If denied, a land use amendment will be necessary to change the land use to High Density Residential. A text amendment will also be necessary to delete the recommendation in Planning Area 1.b. Dr. John Rosseau, who resides at 2235 North Federal, explained to the Board that he has been in this area since 1957, and would like the property to be rezoned to C-2. He was asked by Chairman Rosenstock what he intends to do with the property. He might like to expand at some time in the future. After a short discussion, Marilyn Huckle moved to accept Application No. 17, Planning Area 1.b, request to rezone from R-3 (Multi-Family Residential) to C-2 (Neighborhood 10 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH!, FLORIDA JUNE 11, 1991 Commercial) for the purpose of implementing the 1989 Comprehensive Plan. The motion was seconded by Cynthia Greenhouse and carried 7-0. APPLICANT: City of Boynton Beach AGENT: Christopher Cutro, Planning Director PROJECT NAME: Application No. 18 (Planning Area 1.d) OWNER(S): City of Boynton Beach LOCATION: Lots immediately north of Waters- edge Condominium, between U.S. 1 and the Intracoastal Waterway. LEGAL DESCRIPTION: Lots 7, 8, 9 and "Sam Brown Jr.," according to the plat thereof, as recorded in Plat Book 1, Page 81 of the public records of Palm Beach County, Florida. Containing 9.26 acres, more or less, and subject to easements and rights of way. DESCRIPTION: Request to rezone from C-3 (Commun- ity Commercial) to R-3 (Multi- Family Residential) to REC (Recrea- tion) for the purpose of implement- ing the 1989 Comprehensive Plan. Mr. Gonzalez made the presentation and explained that the request includes three plots. The basis for the rezoning is the fact that predominantly it is expected to be recreational use. The City owns the three lots involved and all of the lots are vacant. There were no comments from the Board members and Gary Lehnertz made a motion to approve the request to rezone from C-3 (Community Commercial) and R-3 (Multi-Family Residential) to REC for the purpose of implementing the 1989 Comprehensive Plan, Application No. 18, Planning Area 1.d, located lots immediately north of Watersedge Condominium, between U.S. 1 and the Intracoastal Waterway. Marilyn Huckle seconded the motion. The motion carried 7-0. - 11 MINUTES - REGULAR PLAlqNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, APPLICA~T: City of Boynton Beach AGENT: Christopher Cutro, Planning Director 1991 PROJECT NAME: Application No. 19 (Planning Area OWNER(S): Scott Myers, Lilian Schneider, Rossie B. White LOCATION: Lots to the east and northeast of the Inlet Plaza, north and south of Oak Streetl LEGAL DESCRIPTION: Lots 14, 15, 16 of Block 1, Lots 15, 16, 17, 36, 37, 38 of Block 2, "W.S. Shepard, ' according to the plat thereof, as recorded in Plat Book 8, Page 8 of the public records of Palm Beach County, Florida Containing .70 of an acre, more or less, and subject to easements and rights of way record. DESCRIPTION: Request to rezone from C-3 (Commun- ity Commercial) to R-3 (Multi- Familoy Residential), limited to two-story buildings, for the purpose of implementing the 1989 Comprehensive Plan. Mr. Gonzalez made the presentation. The requests involves three lots in Planning Area 1.d. The basis for the request is that the need for additional commercial land will be minimal along Federal Highway. Change from commercial zoning will prevent more new commercial uses from intruding into a residential neighborhood. These parcels being rezoned will be limited to two stories. A denial of the land use amendment will be necessary to change the language to Local Retail Commercial. A text amendment will also be necessary to delete the recommendation in Planning Area 1.d. The Planning staff informed the Board to people in the area. There was no notices. that notices were sent response to the Marilyn Huckle moved to approve the request to rezone from C-3 (Community Commercial) to R-3 (Multi-Family Residential), limited to two-story buildings, for the pur- pose of implementing the 1989 Comprehensive Plan, 12 - MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 Application No. 19, Planning Area 1.d. The motion was seconded by Murray Howard and carried 7-0. 6. APPLICANT: City of Boynton Beach AGENT: Christopher Cutro, Planning Director PROJECT NAME: Application No. 20 (Planning Area 1.g) OWNER(S): Bernard Perron L OCAT I ON: Lot lying on the south side of Lake Street, between Bernard's Restaurant and Via Lago Condonimium. LEGAL DESCRIPTION: The westerly 302.67 feet of Lots 16, 17, 18, laying east of and parallel to U.S. Highway 1, (less the wester- ly 240 feet of north 160 feet and westerly 160 feet of southerly 239.8 feet of northerly 380 feet of said Lots 16, 17, 18), (Sam Brown Jr.," as recorded in Plat Book 1, Page 81, of the public records of Palm Beach County, Florida. Containing 1.88 acres, more or less, and subject to easements and rights of way record. DESCRIPTION: Request to rezone from C-3 (Community Commercial) to R-3 (Multi-Family Residential), limited to two-story buildings, for the purpose of imple- menting the 1989 Comprehensive Plan. Mr. Gonzalez made the presentation and clarified the loca- tion of the property in the application for Chairman Rosenstock. The request is for a total of 1.6 acres. The basis of the rezoning is that the land use designation pla- ces this property in High Density Residential which is con- sistent with the R-3 zoning and the demand for additional commercial use is expected to be minimal. The parcel is currently vacant. If denied, a land use amendment will be necessary to change the land use zoning to Retail Commercial. A text amendment will also be necessary to delete the recommendation in Planning Area 1.g~ - 13 MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 Mack Monahan, an attorney from Boca Raton, represented the Perrons. The Perrons were also present. This restaurant is currently called "Benvenuto". The Perron's have owned the restaurant for fifteen years. The parcel of land in question is owned by the Perrons. The parcel surrounds the restaurant. The restaurant faces a vacant area, but it is part of the ambiance. The Perrons were not aware of the 1989 Comprehensive Plan and were unaware that their parcel was involved. To the east of the parcel lies Via Lago. The developer of that area has reviewed this parcel and stated that he could do n~thing with this parcel as residential. Mr. Monahan stated that if this de~eloper could not do anything with this parcel, what would he gained by rezoning. This parcel serves as a buf~e~ for the property. Mr. Monahan expressed the Perrons request that this application be denied. Mayor Arline Weiner of 22C Eastgate Drive, Boynton Beach, spoke in favor of the Perron's request for denial of the application. She stated that she was very taken with the abandoned garden effect of the restaurant and feels that the ambiance is quite special. She feels that the rezoning of this parcel would detract from the uniqueness of this restaurant. Marilyn Huckle asked Bernard Perron if he had any plans for this parcel. Mr. Perron would eventually like to expand and has toyed with the idea of a banquet hall within the next two years. Gary Lehnertz moved to deny the request to rezone from C-3 (Community Commercial) to R-3 (Multi-Family) Residential), Application No. 20, Planning Area 1.g, lot lying on the south side of Lake Street, between Bernard's Restaurant and Via Lago Condominium and further recommend that the City Planning Department initiate a land use amendment accor- dingly. The motion was seconded by Marilyn Huckle and carried 7-0. APPLICANT: AGENT: PROJECT NAME: OWNER(S): City of Boynton Beach Christopher Cutro Planning Director Application No. 21 (Planning Area 1.h) A.R. & Virginia F. Ramirez, Kirsch Holding, Stone Star Corporation, Sea- view Trailer Park Club - 14 MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 LOCATION: Lots on the east side of U. S. 1, lying between Bernard's Restaurant and Yachtman's Cove Subdivision, including Seaview Trailer Park. LEGAL DESCRIPTION: Lots 12-19, and Lots 39-46, "Lake Village," according to tbs Plat thereof, as recorded in Plat Book Page 18, of the public records of Palm Beach County, and 21, That part of south 158.32 feet of north 473.06 feet of government lot %2 laying east of U.S. Highway No. R/W. Containing 6.8? acres, more or less, and subject to easements and rights of way record. DESCRIPTION: Request to rezone from C-3 (Community Commercial) and R-1AA (Single-Family Residential) to R-3 (Multi-Family Residential), subject to the special setback requirements in the Coastal Management Element, for the purpose of implementing the 1989 Comprehen- sive Plan. Mr. Gonzalez made the presentation and stated that this is a request for three parcels for a total of 6.87 acres. The basis of the rezoning is the fact that the demand for com- mercial land is not expected to increase substantially in the future and the configuration of the R-1AA zone parcel would make development of single-family homes impractical. The more perfect use for these parcels would be to combine them for high-density multi-family housing. Therefore, all portions of parcels which are currently zoned C-3 and R-1AA should be changed to a high-density residential land use category in R-3 zoning district subject to special setback requirements along the southern boundary set forth in the Coastal Management Element. If denied, a land use amendment will be necessary to change the land use to Local Retail Commercial and Low-Density Residential. A text amendment will also be necessary to delete the recommendation in Planning Area 1.h. Mr. James Buchanan of 807 Ocean Inlet Drive, spoke against the rezoning of this property. The way the land is con- figured now does not make it feasible for development. - 15- MINUTES REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 Rather than rezoning this area to high density to match that next to it, the entire section could be rezoned R-1AA. By rezoning this parcel and opening it to four-story con- dominiums, which would overshadow this neighborhood, it would not only destroy the view, but would negatively affect the property values and change the character of the small community. Mr. Earl Irving of 1620 North Federal Highway, owner of Seaview Trailer Park, spoke against the request to rezone this property. He has lived at this address for 37 years and claims that this trailer park is in an irrevocable trust. Marilyn Huckle asked Mr. Irving if he was aware of what the zoning classification is at present. He was not aware of the classification or of the Comprehensive Plan. Shirley Stevens asked Mr. Irving to point out his property on the overhead map. He was advised that his zoning classi- fication is R-1AA. Mr. Irving emphatically advised Chairman Rosenstock and the Board that he does not want the zoning classification changed. Ms. Debra Clark of 729 Ocean Inlet Drive explained to the Board that she would like the area to remain a single-family area. She moved to Boynton Beach in 1978 because of the beauty of the area. She pointed out that ma~y condominium units cannot be sold unless they are located on the Intracoastal. The property will be devalued because of the appearance of condominiums. The owner of the land does not wish to have the property rezoned and neither do the resi- dents in the area. She suggested that instead of changing the existing single-family home zoning area to high density, the commercial parcel on Federal Highway could be rezoned to go along with the R-1AA zoning. Mr. Cutr~ pointed out on the map the portion which is designated C-3 in resonse to a request by Cynthia Greenhouse. The C-3 is the frontage on Federal Highway. The R-1AA is only the Seaview Trailer Park. Cynthia Greenhouse asked for the City's rationale for the rezoning. Mr. Gonzalez explained that when the Comprehensive Plan was organized, the intent was to unify the entire area for R-3 Multi-Family development. When asked by Chairman Rosenstock for his personal feelings regarding the rezoning, Mr. Cutro explained that the City is following the rationale of the Comprehensive Plan and these decisions are brought before the Board for the Board to make advisory recommendations. Mr. Trotta of N.E. t5th Place, has been a resident for fif- teen years. He explained that there are two "For Sale" signs; the property just south of what used to be Bernard's Restaurant and further south, the Seaview Trailer Park. Mr. - 16 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 Irving explained to Mr. Trotta and the Board that the Trailer Park is not for sale. The "For Sale" sign is on right of way on the property behind the trailer park. the Cynthia Greenhouse said she would like to see something hap- pen to the property that is wasted at this time. Gary Lehnertz asked Mr. cutro if he agreed with the Comprehensive Plan with regard to the fact that C-3 will not be developed as C-3. Mr. Cutro does not agree and has some problem with the recommendation at hand. This recommendation assumes that a number of parcels will be combined together. That is not necessarily the case. There should be some commercial land so that if a builder wishes to develop, there Will be a buffer. Some C-3 should be left for expansion. Leaving some C-3 will benefit the residents. Shirley Stevens questioned the audience to see present owned any of the commercial property. sent owned any of that property. if anyone No one pre- Mr. John Alvaro of 680 N.E. 15th Place, stated that the trailer park acts as an excellent buffer zone and asked for a denial of the request. Cynthia Greenhouse questioned whether there was any advan- tage to having the C-3 parcels rezoned to Multi-Family. She feels personally that there are some problems which exist with the Commercial on Federal Highway. She asked Mr. Cutro if the C-3 parcels could be rezoned R-3. Her thought was to beautify the area on Federal Highway. He responded that the buildings were developed quite a while ago and were not sub- ject to the development standards in place now. Adjustments have been made in certain areas. It is a very hard question to answer. It was his opinion that no one would want to live in a multi-family development on Federal Highway. Mr. Cutro suggested that he might bring up, to a future Board meeting or the City Commission, the corridor east of Federal Highway in an attempt to rezone the area. However, in his professional opinion, at this time, C-3 is his choice. Marilyn Huckle moved to deny this request to rezone from C-3 Community Commercial) and R-1A_A (Single-Family Residential) to R-3 (Multi-Family Residential), and include a recommen- dation to initiate a land use amendment accordingly. The motion was seconded by Gary Lehnertz and carried 7-0. Cynthia Greenhouse appealed to the public audience to make suggestions which will assist in cleaning up the downtown corridor. She advised them to contact the City Manager's Office or their City Commissioners. - 17 - MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 8. APPLICANT: City of Boynton Beach AGENT: Christopher Cutro, Planning Director PROJECT NAME: Application No. 22 (Planning Area 1.i) OWNER(S): Samuel Blair, R. T. & Nancy K. Rose LOCATION: Parcels on the west side of the F.E.C. tracks, between N.E. 15th Avenue and the Boynton Canal LEGAL DESCRIPTION: The south 100 feet ~of north 785.18 feet of government Lot ~2 laying west of F.E.C. Railway, in Section 22, Range 43, Township 45, and The south 534.8 feet of government Lot ~2 laying west of F.E.C. Railway (Less C-16 Canal R/W), in Section 22, Range 43, Township 45. Containing 2.44 acres, more or less, and subject to easements and rights of way record. DESCRIPTION: Request to rezone from C-2 (Neighbor- hood Commercial) to C-3 (Community Commercial), limited to two-story buildings, for the purpose of imple- menting the 1989 Comprehensive Plan. Mr. Gonzalez made the presentation. This request includes three parcels for a total of 2.44 acres. The basis for this rezoning is Planning Area 1.i of the Comprehensive Plan which states that in accordance with the Growth Management Element the zoning in this parcel should be changed to C-3 Community Commercial provided that buildings are limited to two stories with a maximum height of 25' since a single- family community lies to the west. All three parcels are vacant. A text amendment will be necessary to delete the recommendation in Planning Area 1.i. Marilyn Huckle asked the City Attorney if the Board's action to rezone to C-3 and limit to two-story buildings ~s defensible. Mr. Cherof responded that this action is defi- nitely defensible. - 1S MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 Nathan Collins moved to approve the request to rezone from C-2 (Neighborhood Commercial) to C-3 (Community Commercial) limited to two-story buildings for the purpose of imple- menting the 1989 Comprehensive Plan, Location: Parcels on the west side of the F.E.C. Tracks, between N.E. 15th Avenue and the Boynton Canal, Application No. 22. Murray Howard seconded the motion which carried 7-0. EXCEPTION TO PLATTING FOR BUSCH'S RESTAURANT Mr. Cutro distributed a letter from Craig R. Livingston, Architect, which was received in his office. The parcel is located at the southwest corner of Woolbright Road and Congress Avenue behind the Glendale Federal Bank. This par- cel is part of a larger plat known as Wool~right Plaza. This property was split and Mr. Lambrakis is the owner of this parcel. All of the improvements incl~uding utilities, dedications and the necessary sewer lines have been put in place. The Planning Department fe~ls there is no reason to have this parcel replatted. TO waive a plat, approval is necessary from the Planning Director, Zoni~.ng Director, the City Engineer, and the ~Pllanning an~ ZoningI Board. The Planning Department reconlmend~ tha.t the B~ard approve the waiver of plat. Cynthia Greenhouse questioned Mr. Cutro about whether or not the Board would be releasing them from doing the necessary things that would bring the parcel u~ to code. He responded that Busch's would not be released from any requirements on this particular site. Regarding the Glendale Federal site, that is separate. Vince Finizio responded that this was not his understanding during the process. He understood that they would be required to modify the site to put in the parking lot. Cynthia Greenhouse stated that the existing parking lot is in terrible disrepair on the site and Busch's wants to use the parking lot, by waiving this plat, they will not be required to bring it up to code. Mr. Finizio stated that when he signed the document, he was under the impression that the existing parking lot would be brought up to code. If this exemption negates that requirement, then he would like to withdraw his signature. Chairman Rosenstock asked what portion of the Glendale parking lot Busch's would be using. No site plan has been received to date. Mr. Staudinger stated that he is now aware that Busch's is planning to use any parking area on the Glendale site. It was his understanding, upon signing the memorandum, that the Phase II portion of the develop- ment, which is the "L"-shaped parcel west and south of the Glendale site is to be used by Busch's Sea~ood and the 19 Correction should read,"...he is not..." MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 reason the waiver of plat is appropriate is because there are existing water and sewer facilities to serve that parcel and there is no significant change in the type of usage. Platting is of no significance when the facilities are already existing. The waiver will still require the deve- loper to put in all faciltiies according to code on the Phase II track as if he was platting, but it avoids the long process of platting. Mr. Staudinger stated that if Busch's submits a site plan which shows they will use part of the Glendale Federal parking lot, it will be addressed at that time. Chairman Rosenstock questioned Mr. Cutro about Busch's parking intentions. They indicated that they would not be using the Glendale Federal site. Mr. Cutro pointed out the first paragraph of Page 2 of Mr. Livingston's letter, wherein they state they will work withGlendale to have them improve their existing site into compliance. Chairman Rosenstock asked Mr. Cherof i~ this could be approved with the specific delineation specifying that, if and when they intend to use the Glendale site in any way, they must in every case comply with the City code. Mr. Cherof agreed that it could be handled that way. Mr. Cutro states that if they use the Glendale site, they will have to upgrade the site automatically, ge claims that was very apparent on Busch's last request. Cynthia Greenhouse expressed her concern over the paragraph in their letter whereby they claim that they will work witk Glendale to get them to improve their site. They are not stating that they will improve the site. She wanted to be certain that if the Board agrees to the waiver of plat, in no way will there be a technical loophole to not have to bring up to code the entire parking lot that serves their restaurant. Mr. Cherof said that the Board should pin down the approval conditioned upon a letter of understanding being signed with the applicant that acknowledgss they are subject to all of these conditions and that there is no waiver on the City. It is Mr. Cutro's opinion that the City is getting everything out of the plat that the City needs right now. Extra conditions can be added to it. Putting Busch's through another platting process is a very lengthy procedure and requires a lot of expense. Chairman Rosenstock assured Mr. Cutro that the Board wants to be sure that the code requirements are complied with and feels that a letter needs to be forthcoming ~rom Busch's saying that they will do everything necessary. 20 - *Correction should read, tract..." "...Phase II MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 Mr. Staudinger explained that by working with the applicant that does not mean the City is relaxing, bending or relieving the code. There is a provision in the code to allow a waiver of platting in a previously-platted sub- division if the parcel is essentially the same as the pre- vious plat, and that is the case here. They must still meet the code on all requirements. Mr. Finizio stated that Busch's plan shows a new access coming off Congress which will circulate vehicles through the Glendale Federal site. No one will be restricted to parking only in Busch's because it is the same plat of land. He signed the document solely with the intent to help them through the platting process, not to give them any relief. Chairman Rosenstock suggested that Mr. Cutro and Mr. Finizio try to reach Mr. Lambrakis on the telephone and make what happened at the meeting clear to him so that he understands the position. Ask him if he will be willing to comply with requirements discussed this evening. Cynthia Greenhouse stated that she objected to not having been able to visit the site and felt that this is being railroaded through. Marilyn Huckle agreed. Mr. Cutro offered to withdraw. Cynthia Greenhouse attempted to make a motion to table this item until it could be researched further: however, Chairman Rosenstock kept the discussion open. Nathan Collins expressed to Cynthia Greenhouse that other members of the Board had not expressed their opinions yet and wanted an opportunity to do so. Shirley Stevens requested that the Board go ahead and approve this request with the conditions that all of the codes have to be enforced. City Attorney Cherof agreed that this could be done and require that there be a letter of understanding. Mr. Cutro guaranteed that the Board would see the letter. Mr. Cherof offered to draft the letter to insure compliance. Mr. Cutro and Mr. Staudinger agreed. Cynthia Greenhouse motioned to approve the exception to platting for the Busch's Restaurant with the stipulation that both parcels, including the "L"-shaped parcel, be brought up to code and it is one parcel of land and that the City Attorney draft a letter to that effect for the appli- cant to sign in agreement. Mr. Cherof felt that the motion should read that Busch's will be exempt from the platting subject to the condition that they are not being exempted from any of the other pro- visions of the City Code including the parking lot ordinance - 21 MINUTES REGULAR PLANNING & ZONING BOARD ~EETING BOYNTON BEACH, FLORIDA JUNE 11, 1991 and that they sign a letter of understanding acknowledging that. Cynthia Greenhouse rescinded her motion and bowed to Mr. Cherof's motion. Murray Howard seconded the motion which carried 7-0. The principals of Busch's are to sign the letter. COMMENTS BY MEMBERS Cynthia Greenhouse addressed the item regarding the Site Plan Review Ordinance. At the May 30th meeting, a lot of time was spent going over this Ordinance. At that time, the Board expressed its feeling that they did not wish to see any abolition of the powers of the Technical Review Board and wanted to see all comments generated by all m~mbers of the Technical Review Board regardless of what they might be, without any censorship or withont any limitation. The Board particularly did not wish for confl~ic[ing comments to come back to the Planning Direct~or for purposes of him cutting them out or back in any way. She understands that this con- sensus was arrived at as a full Board. Ms. Greenhouse understands now that administratively what is happening is that without coming back to t~e Board, the powers and abi- lity of all Technical Review Boar~ members is going to be limited by the City Manager and th~ey will be directed that they will only be allowed to ma~e certain comments in cer- tain areas, but may not comment~ in general, across the board as to any C~de viOl~%iions the~ ~ee. She expressed her concern that this Will be ~aPp~ni~g a~ the next Technical Review Board which wil.1 be' held on ~fhursday morning. Ms. Greenh?~se will attend the meeting. Sl%e stated that she is aware that Mr. Cutro ~s in the proc~s~ of preparing a draft limiting the powers ~f the T~h~icail~Revie~ Board to make comments and ~or thos~ commen~s t~ go forward to the Board members for them to see. Ms. Greenhouse will attend the meeting and hopes that the wishes of this Board and the Commissioners and the Mayor and Vice Mayor will not be undermined administratively. Commissioner Matson requested to see the draft, but her request was denied. She will attend the Thursday meeting. Mayor Weiner advised the Board that the City Commission has not directed the Cit~ Manager with regard to censorship, and until that is done, i~ is not a direction to the City Manager. Mayor Weine~ will put it on the next City Commission agenda. Ms. Greenhouse was concerned that this would go into ef~ec~ before the next meeting of the City Commission. MayOr Weaner clarified that once the City Commission glves dire~tio~ to the City Manager, he must take that direction or jeopardlize his position. 22 - MINUTES - REGULJ%R PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA JUNE ADJOURNMENT The meeting properly adjourned at Prainito Recording Secretary (4 tapes) 11:00 p.m. 11, 1991 23 -