Loading...
Minutes 12-17-87MINUTES OF THE CITY COMMISSION/PLANNING DEPARTMENT MEETING PINELAND PLAZA, BOYNTON BEACH, FLORIDA, THURSDAY, DECEMBER 17, 1987 AT 7:30 P. M. P~ Ni, Ra Ez~ Lec De~ * Fr of AG2 Ann Lan & Z C ]SENT :k Cassandra, Mayor .ph Marchese, Vice Mayor ill Hester, Commissioner ~nard Ma~n, Commissioner ~ Zibelli, Commissioner Peter L. Cheney, City Manager Raymond Rea, City Attorney Betty Boroni, City Clerk Carmen Annunziato, Director of Planning Tim Cannon, Senior Planner Jim Golden, Senior City Planner Tambri Heyden, Assistant City Planner Michael Rumpf, Assistant City Planner or Cassandra called the meeting to order at 7:34 P. M. invocation was given by Reverend William Gilbert of endship Church of God in Christ, followed by the Pledge Allegiance to the Flag led by City Manager Cheney. * NDA APPROVAL exation (Tabled by Planning & Zoning Board at their ting of i2/10/87) Project Name: Agents: Owner: Location: Description: Citrus Glen - Phase II Addition Michael D. Gordon, Esquire Enrico Rossi, P.E. Boynton Nurseries East side of Lawrence Road, south of Miner Road extended Request to annex a 28.82 acre tract of land Use Element Amendment and Rezoning (Tabled by Planning ~lng Board at their meeting of 12/10/87) Project Name: Agents: Owner: Location: Description: Citrus Glen - Phase II Addition Michael D. Gordon, Esquire Enrico Rossi, P.E. Boynton Nurseries East side of Lawrence Road, soutk of Miner Road extended Request to show annexed land as Low Density Residential and to rezone from AR (Agricultural Residential) to a Planned Unit Development with a Land U~e Intensity = 4 to permit the development of 106 single family detached zero lot line units -1- *Remove thi~ sentence. See minute~ of 1/~/88 City Comml Meeting. MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYNTON BEACH, FLORIDA DECEMBER 17, 1987 AnNexation (Tabled by Planning & Zoning Board at their me~ting of 12/10/87) La mee' and Project Name: Agent: Owner: Location: Description: Elementary School "P" Augustin A. Hernandez Department of Facilities Planning Palm Beach County School Board Boynton Nurseries Lawrence Road at L.W.D.D. L-21 canal, northeast corner Request to annex a 19.23 acre tract of land oning Board at their meeting of E. Project Name: Agent: Use Element Amendment and Rezoning (Tabled by Planning 12/10/87) Elementary School "P" Augustin A. Hernandez Department of Facilities Planning Palm Beach County School Board Owner: Boynton Nurseries Location: Lawrence Road at L.W.D.D. L-21 canal, northeast corner Description: Request to show annexed land as Low Density Residential and to rezone from RS/SE (Single Family Residential with a Special Exception for a public elementary school) to R-1AA (Single Family Residen- tial) to allow foe future Conditional Use approval to permit the construction of a public elementary school ~xation (Tabled by Planning and Zoning Board at their :lng of 12/10/87) Project Name: Agents: Owner: Location: Description: Lawrence Lake Michael D. Gordon, Esquire Enrico Rossi, P.E. RCA Global Communications Lawrence Road at L.W.DoD. L-21 canal, southeast corner Request to annex a 13.5391 acre tract of land Use Element Amendment and Rezoning (Tabled by Planning Zoning Board at their meeting of 12/10/87) Project Name: Agents: Lawrence Lake Michael D. Gordon, Enrico Rossi, P.E. Esquire -2- MINUTES, - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYNTON BEACH, FLORIDA DECEMBER 17, 1987 Owner: RCA Global Communications Location: Lawrence Road at L.W.D.D. L-21 canal, southeast corner Description: Request to show annexed land as Low Density Residential and to rezone from AR (Agricultural Residential) to a Planned Unit Development with a Land Use Intensity =4 to permit the development of 33 single family detached units divisions - Master Plan Modification (Tabled by Planning ]onin~ Board at their meeting of 12/10/87) J. Project Name: Citrus Glen Agent: Delfin Fi Menendez Owner: LoCation-. Description: MSM Architects and Planners, Inc. Knollwood Orange Groves, Inc. Lawrence!Road at Miner Road extended, southeas~ corner Request ~or approval of an amended master p~an to allow for a change in project Layout and design to incorporate the Phase II addition Manager Cheney requested that Item J be deleted. Items D, E, F, and G were ~ablled until February 2, 1988 at nh time a public hearing wi~ll be held for these items. nissioner Hester made a motiion to accept the agenda as cected. Motion was Seconded by Commissioner Zibelli and tied 5-0. Su~ & Ci~ B, whi Com cor car PUB Ma~ req ced ite~ Com: ae ZIC HEARING )r Cassandra stated that some people in the audience ~ested that the Commission deviate from the normal pro- ~re for public hearing and allow those against the agenda ~.to.speak first. As there was no opposition among the ~ss~oners, this was allowed. ~and Use Element Amendment and Rezoning ~roject Name: ~ent: ~ner: ,ocation: ,escription: Via Lago Kevin Foley Paul Himmelrich, Trustee North side of West Boynton Beach Boule- vard, between intersection with Old Boynton Road and the L.W.D.D. E-4 canal Request for an amendment to the Future Land Use Element of the Comprehensive -3- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYI~TON BEACH, FLORIDA DECEMBER 17, 1987 der Mai bec let st~ Ke~ Bok pax Tia Des (Tr Con (Ar and the Mr. not tan pro pro the the t/~e Mr. pro s,ur add to d~r WOU wat, wat~ B~yl con Plan from "High Density Residential" to "Local Retail Commercial" and rezoning from R-3 (Multi-Family Residential) to PCD (Planned Commercial Development District) for the purpose of allowing construction of a 158,000 square foot shopping center ~ Golden stated this proposal went before the P&Z Board on .rsday, December 10th. ~he Board unanimously recommended ial of this request consistent with the staff findings. or Cassandra noted the majority of the Commission had n present.at the P&Z Board meeting. He referred to the gth of time for the discussion regarding Via Lago and ted not much time would be spent at this meeting arguing her for or against this request. City Attorney Rea ted that the application was in order. n Foley, agent for Via Lago, introduced his partner ,y Culpepper, stating that they, along with some other ner!s~ ar~ the developers. Present in the audience were: MeslSler of Messier E~gineering, Bob Bentz of Land ~ ~outh, Kahart Pinder of David Plummer and Associates Ii~ Engineers), Mike Anderson of M. J. Anderson Str~Cti0n, and Ted Davis of Ted Davis and Associates 8hit~cts). Mr. Foley publicly thanked the City's staff recognized the professional treatment he was afforded by Foley requested reconsideration of the rezon~ng request, ~ng that the neighbors and the town are his most lmpor- consideration. There are people living very near the )sed project and those in the area further away from the ~ct. The different concerns are that those closest to site are most affected by the project - their view and traffic. He has met with the neighbors, worked with ~, and will continue to do so if the project is approved. Foley stated that as a commercial developer he would ~ide a 50' buffer between his property and the ~ounding properties. In addition, a 6' wall will be ~d for noise abatement as well as the normal 35' setbacks ~he buildings. This gives a substantial buffer. A resi- :!ial developer would be most interested in selling the ~ Of t~e water. Mr. Foley remarked that his approach ]d be to ensure that the residents had that view of the ~. He proPOsed to cut the vegetation clear down to the ~r line ~and build his building as close to that amenity Iossible. He would get as far away from the ~ lane ~ton Beach Boulevard as possible to minimize traffic and i~sti~n. The R-3 designation allows a building of 45' in -4- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYI~TON BEACH, FLORIDA DECEMBER 17, 1987 height and a 40' rear setback, as well as clear cutting of tr~e weeds. There are pond apples on the property and Mr. Fo~ey proposed to preserve as many of those as possible. Th~ neighbors in the general vicinity are interested in aesthetics and traffic. Mr. Foley has spoken with Urban Design Studios (the City's Consultant for the beautification of Boynton Beach Boulevard) and agreed to hire them to design the frontage of the Via Lago property so that it wo% ld be compatible with the overall beautification plan for the City. That would add 1600' of frontage on Boynton Beach Boulevard to the beautificatien plan at no cost to the City. Traffic would be significantly increased. He pointed out that the difference in developing as residential is that th~ units (199) would approximate 300 cars which would gererate new trips which were not previously taken in Bosnton. As a commercial development:, he felt that a sicnificant number of trips w.ould be passers by. His traf- fiC.expert assigned a factor of 57 percen~t and the County assigned a factor of 25 percent. The City'S consultant, Waiter Keller, stated that bo~h percentages are acceptable in the field of traffic engineering. The range for passers by is flrom 8 to 70 percent. It varies widely in the County as well as nationally. ~ felt that a si~nlficantly larger am, unt of traffic Would n6t be gener~e~ ~y allowing commer- ci~ i development as compared t~ residentlal. Mr we~. mak of corn ful goi slg Boy bom fro to two wel are the say eom thi Ted Sh( Foley gave a short slide presentation of a driving tour the area in question as approached from the east and the t. He pointed out that the traffic and headlights would e this area less desirable as residential property. Most the area along Boynton Beach Boulevard in that area is ~ercial. Mr. Foley stated that the Gateway Center is ly occupied at this time. Old Boynton Road is currently ~g through the process of realignment, and a new traffic ~al will be provided at the intersection of the new Old ~ton Road and the road between the 7-11 and the funeral ~. Mr. Foley proposed to install a traffic light in ~t of the entrance to Leisureville which would correspond :he main entrance of the subject property. He felt the traffic lights would assist with the heavy traffic as [ as provide for the safety of the residents in that ~. The E-4 canal would be an excellent buffer between proposed project and the residents. Mr. Foley felt to this area is a residential one, is a misnomer, and major ~ercial should be located along major arterials such as Davis, Architect for the project, designed Garden Square )ping Center as well as many other centers in southeast -5- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BDYNT051 BEACH, FLORIDA DECEMBER 17, 1987 F~grida. Mr. Foley stated that slgnage should be consistent wl~h some allowance for individuality. He did not like to se,~ parked cars at a shopping center either, and would in(!l~de landscaping to lessen this problem. Mr Davis passed around some pictures of some of his proj- ects. He explained their design concept and gave a description of some of the materials to be used. Mr. Davis pa~sed around a copy of the Fame Award which was awarded to an(~ther of their projects, Bluff Square at Jupiter. The site plan for the proposed project pictures three entrances. On( is in the center of the project which has a fully coxtrolled traffic light. Circulation of traffic within the size would be from the main intersection, a secondary inter- section and from Old Boynton Road on the east side. Internal circulation would be in front of the shops and the pa~king is between Boynton Beach Boulevard and the building its elf. Pedestrian crosswalks would be prov.ided at the main entrance with handicapped curb cuts. Mr. Davis' design concept is to create a pleasant environ- men for people to exist and enjoy, or that is "a delight to the eye and relaxing to the body.' ' He felt that he had designed a centerpiece for the neighborhood for all to enjoy for many years to come. He proposed to use landscaping materials which are typical of the area as well as native plants. The cars would be screened from the road with landscaped berms. This would screen the immediate parking adjacent to the road but would not hide the tenants' sigDage. Three levels of landscaping would be provided - on the~road, in the parking area, and on the building itself. Along the building very lush bermed landscaped areas with clu~ters of native plants were proposed. Trellised arbor wal~s would be placed ~in front of the covered walk. These wal~s would be coveredi with flowering vines. A variety of othgr things such as fountains, benches, and a news klosk wou~d be l~c~eed along~ the area. Storefronts would be individualized with a~nings and they would be decorative. Th~ sign code zs very uniform as his company fee~s that the sic %age should tell what the store is but should be an ar~ %itectual feature as well. Strict controls o~ the sic ~age for the buildings is maintained. Tenant signs for the and aer~ opa, wit~ are darl wa~ building are located under the mazn beam for the walkway are 20" x 12', made of rough sawn cedar with colored ~lic faces. This gives an interesting effect with an tue plexiglass in front with a white translucent in back ~ the light shining through. At night only the letters v~sible, but in t~e daytime the white acrylic with the : background is seen. Tile pavers would be used on the :ways. A portecochere (a covered drop off area) would be -6- MINUTES CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOTNTON BEACH, FLORIDA DECEMBER 17, 1987 Th, sl~ th: ro~ th~ pi~ fil Ma5 As we/ re¢ al~ let Ed pre crc grE tic wid wou de~ Mr He not fea all to of tha to mer May Ber the Lee of the Mr )vided. Often this provides a good site for a restaurant. ~ walkway is lit by decorative lighting with the lights ~ated on the backs of the columns. This creates an ~eresting effect as there are no brilliant points of light you drive by. The storefronts are lit by a very soft ht from the columns. The style would be Mediterranean. columns are slump locked when the block is set it mps and has a rounded face to it. When painted over, s gives a rather irregular, elegant look to it. The ~fs would be Spanish concrete barrel tile which would be a ee color blend. The looks would improve with wear as it !ks up more character. There would be an irregular sand ish. or Cassandra announced that this was a PUBLIC HEARING. requested earlier, those AGAINST the proposed project e given an opportunity to speak first. Mayor Cassandra uested that the speakers be brief as the issue has eady been before the Planning and Zoning Board with gthy discussions. Bernard, 1253 Goldola Court, stated that his biggest blem was the traffic and with the children having to ss Old Boynton Road. He felt the shopping center would atly increase traffic, especially from the western por- of Old Boynton Road. He asked who would be paying for ening the road and putting a new bridge In. He felt that ld cost approximately $3,000~000. When he spoke with the eloper, the developer responded that he was only respon- le for the sidewalk in front of the residents' property. Bernard was also concerned about the security lighting. referred to a shopping center on Congress Avenue and ed that at night that area is brighter than daylight. He red the same thing would be done if this project was ~wed to be built. He also questioned what was to be done ~he back of the buildings. He felt that only the front hhe buildings had been specifically addressed. He stated ~ this is primarily a residential area and did not wish ee the two residential areas divided into two by a com- 2ial road. )r Cassandr~ did not believe this was the plan. Mr. lard referred to a plan by the park on the other side and plan to put a five lan~ road through that area. Wische, 1302 S.W. 18th Street, spoke as respresentat~ve ~he citizens of Palm Beach Leisureville. He did not see relevance of the slides of the driving tour of the area. Wishe stated that traffic on the east/west artery -7- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BO~NTON BEACH, FLORIDA DECEMBER 17, 1987 (B. pc. re ar, Th ti, re~ s i, re( Co! ew r e] thc To~ St( and to th, bea Pal ent Pa/ it sou obl wit art Lec pre ref one Pos a b tha the spo ten in no and )ynton Beach Boulevard) would be increased and destroy the ~ce and tranquility of the surrounding community. He ~erred to the empty stores in the shopping centers in the ~a and did not wish to see this happen in another center. ~ traffic is already a major problem as well as the pollu- )n it would cause. Mr. Wische stated that the petition [uesting the denial of this request contains over 1,000 lna~ures. He wished to add the people of Leisureville to tt list. He requested that the Commission deny the uest for rezonlng. ~issioner Zibelli asked Mr. Wische if he was talking for ~ryone in Leisureville. Mr. Wische responded that he ~resented the people of Leisureville. He was asked by the ,ple many years ago to represent them on any controversial ue with the Board of Directors', the Recreation Board's, ~ Manager's approval, and 9fter speaking to as many people he could. Commissioner Zlbelli was concerned about ther or not Mr. Torbitt had approved of Mr. Wische's ,resenting the people. Mr. Wische had met with Mr. bitt numerous times. ,e Stelzer, 500 Venice Drive, felt that the City Planner the Planning and Zoning Board had left little doubt as their opposition to this project and indicated that a new pping center was unwarranted and not in the interest of citizens of Boynton Beach. He did not wish to see a utiful waterfront view used for the back of a shopping ter. He referred to articles which had appeared in the m Beach Post. On Sunday, December 13th, an article itled "Miamizing Palm Beach County" asked, "What will Beach County look like in the year 2000 or 20107 Will be an overgrown, overbuilt urban jungle like areas to the th of us? Will we have bulldozed our natural land into ivian? Will we have paved our once beautiful environment the cancer of parking lots and urban sprawl?" The icle also referred to a recent law passed by the Florida islature which required all local Florida governments to ~are a new comprehensive plan in 1988. Mr. Stelzer ~rred to the loss of wetlands and the fact that less than percent of the County's original ecosystem remains. The ~ stated that the symbol for Palm Beach County should be alldozer and not a palm tree. Mr. Stelzer did not feel this project would provide a serious impact on jobs in area. He referred to another article in the Post which ze about cutthroat competition among developers to lure ~nts from one shopping center to another. He noted that :his case the developer does not own the property and has ~eal big money invested. He has a contract on th~ land an option. If the zoning request fails, he felt the -8- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYNTON BEACH, FLORIDA DECEMBER 17, 1987 deyeloper could simply walk away. If the land were re~oned, the impact on the families and individuals in the area would be dramatic. She asked the Commission to reject th. proposal as recommended by the Planning Staff. Ga~y Lehnertz, 619 S.W. 2nd Avenue, felt that no compelling re~Lson had been given for the rezoning request. He re,:ognized that the project looked nice and might well be su~cessful. He saw no reason to rezone. He felt that many re~Lsons had been given as to why it should remain residen- tiaL1. The reasons given for making the land commercial are mu~ better reasons for keeping it residential according to Mr Lehn~rtz. He elaborated on the benefits of using the ar~a as residential noting this is an ideal place for people to live. He did not want to see another shopping center buJ lt. Traffic studies show that the traffic would increase fi~'e times greater than a residential area would create. He fe~t another shopping center would only pull customers and terants away from existing commercial areas. He felt a nice re~identia~ area could be created and provide more customers fo~ the established shopping centers in thee area. As Pr~ Es~ th, Col for Ma~ no~ otb em~ qus Mr . Jam Cou he He He eac' dri wan missioner Zibelli asked what he thought homes would sell on the property. Mr. Lehnertz felt this would be from ,000 to $90,000. or Cassamdra reiterated that no rezoning is based on eco- ic reasons. He noted that zoning was done for impact and er reasons and not.for economics. If all the stores were ty that would not be the problem of the Commission. The stion is whether or not to rezone from residential to mercial and economics would not be a consideration. Lehnertz pointed out that he bought his home is the area it is near 1.95 and easy fOr him to get to and from work. 3aw this as a major selling point for residential zoning. ~s Bentley, 946 N.W. 10th Street, moved from Broward ~ty to avoid the congestion and traffic. He stated that ~annot afford to continue moving to avoid the congestion. Eeared the impact the traffic would have on the children. :eferred to speed traps set up by the Police Department Week due to the heavy traffic and excessive speeds len by the motorists. He stated that the residents do not or need another shopping center. Jam s Wilson, 1224 Isles Court, stated that from the 180 or 190 homes he had visited, he found only one person who was -9- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BO~%TTON BEACH, FLORIDA DECEMBER 17, 1987 in favor of the rezoning. He used the neck of a bottle to explain the traffic bottleneck which would be created by angther shopping center. He felt that this property did not hate to go into R-3 but could possibly become a beautiful pa~k. He felt that the area could use all the greenery that could be provided. Mr. Wilson referred to a similar inci- dent ~hich happened in D~vle, Florida. The people in that ar~a got together and built a very beautiful park. He re~!erred to the beautiful wildlife in the area and the need fo~' playgrounds for the children. He wished this area could be~:ome a combination park and natural area. He requested th~Lt this property remain open for a residential development ar~a or a park. Ed] ad~ ye~ to go~ dr~ 2..~ fe~ pe¢ lo~ st~ th~ te~ pi ~ adc mol: th~ aro ope Afl th± tho ~a Walton, 308 Venice Drive, stated that she is not ,erse to business as she has been in business for fourteen ~rs. She referred to the large number of empty stores and the duplication of stores. She felt that competition is ,d but the hugh national chains and super stores are ring the small local businesses out the the area. Only out of 5 of the small businesses survive. She did not 1 that the shopping center would provide the jobs for the ~ple as promised by Mr. Fo~ey, and most of those provided ld have to be part-time jobs with no benefits and very pay. Ms. Walton stated that there would be a steady eam of s~ores eastward from ~ongress to almost 1-95 if rezoning was granted. She felt that new shopping cen- s should not be allowed until such time as they are ded. She asked that the City consider purchasing this ce of property. liam Walton, 308 Venice Drive, stated that he has lived this address for the past 12 years. He was concerned ut the increase in traffic as well as increases in auto- ile accidents and fatalities. He felt to approve the oning would be adding to the traffic problems. He saw no for another shopping center. The purchase of a home is biggest investment most people make in their lifetime. did not like what the land developers were doing to the a. He fe~t that the owners of ~he property bought the perty with the purpose of rezonlng it and never really hed to use it as it is zoned. They are only interested ~aking money. Mr. Walton wished to see the land devel- as residential. ne Bernard, 302 Venice Drive, stated that the houses in ~ area sell for $100,000 to $120,000 at the present time. felt the developer could make $8,000,000 just by ~ging the zoning, and he stated that at the meeting with residents. She was told that the property across the -i0- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYNTON BEACH, FLORIDA DECEMBER 17, 1987 gr~ hi] La] du~ la] th~ to t-h~ pet Be] Jo~ op! De ~r~ tr~ g.rc bus a ~ tri Con the for men the The May the lal from her was zoned as residential. She felt that to ~e it commercial would hurt the residents. She felt there :e too many shopping centers and there would be no quality )wth by allowing commercial zoning. She felt Mr. Foley been evasive of all questions the residents had asked She felt traffic would come from West Palm Beach, ~tana, Boca Raton and Lake Worth as well as local traffic ~ to the proximity to 1-95. ~he noted the lack of service ~es for emergency service vehicles. She also feared that boating and fishing which the residents now enjoy would be available for them. Mrs. Bernard requested that ~ beautiful spot be preserved. She presented a petition the Commission with over 1,000 names of people against ~ rezoning. (The Commissioners took a quick look at the ition and gage it back to Mrs. nard.) ephine Bernard, 400 Venice Drive, stated that she ,osed the rezoning as there are already too many shopping .ters and she felt this one was too close to 1-95 and would se major problems. Mrs. Bernard stated that all the ,rgency equipment is located at the east end - the Fire artment, Police Department and the Paramedics. The a~edics are called out at least 15 times a day and more id'~nts occur on Old BOynton Road and Boynton Beach levard. The Traffic ~epartment stated that there were at accidents from January until September 1987. Her was hit by an automobile as he crossed Boynton ~ Boulevard. Two weeks later a mother with her three ldren were crossing Boynton Beach Boulevard and one of ~hildren was hit by a car. A traffic light does not street safer. Mrs. Bernard felt that motorists only irritated by the lights. The entrance to the pp~g center on Old Boynt~n Road would direct commercial f~c through the resid~ntlal area. There are large ups of children in this area who wait for the school es each day. an in the audience (name not given) spoke about 3-5,000 )s per day at Tycoons. Between Old Boynton Road and ;tess Avenue there were 260 accidents since the first of year. He noted that the people had been paying taxes many years and did not feel that the commercial develop- :s would pay half the taxes that residents pay. He felt people have the right to deny the rezoning request. fe were no more people to speak against the request, and )r Cassandra asked if anyone wished to speak in favor of rezoning request. -11- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BHyNTON BEACH, FLORIDA DECEMBER 17, 1987 Susan Russell, 1231 Gondola Lane, works for a developer in BOyn~On Beach. She supported Via Lago. She has been leasing for Greentree II and they have 80 percent occupancy. Shy has leases pending and due back from New York any day. Retailers come into the area daily looking for space. She fe~t that another shopping center is needed. The projected growth for west Boynton is 5,000 new single family homes within the next five years. Sun Valley is building 520 ho~es.presently, Country Fair is building 398, The Courts is building in excess of 300 and Levitt just reopened Alden Ri~ge~ Young professionals are moving into t~ area, and th~ are two income ~amilies with income~ i~ excess of $8~,000. This is no longer a sleepy retirement village. Th~ p~ople here have needs and wants also. Mrs. Russell st~te~ ~hat her thr~ee children would take the bus to Galaxy El~ehtary S~hool ~ut she. drives t~em to school. She real- iz~s there is a problem with traffic on Old BoFnton Road but it is everywhere. She emphasized the need for a well pl~.nned development and r~ested that the rezoning request be approved. Mi~e Stella~ 1005 Coral Court, Treasure Island, owns two bu in~sses ~n Boynton Beach Boulevard. His print business is in the Villager Shopping Center and he chose the location as he thought it had a very high growth potential. He joined the Chamber of Commerce and feels that they have helped the growth of his business. Mr. Stella estimated t~st 7~5 - 85 percent of his customers come from Le~sur~eville. He has never had a complaint regarding the lo(arian Of his business, but he has heard many times how co~ven,ient the location is. He stressed t~e fact that his printing business needs retail businesses to keep his doors open. Wa~e Scott, 1033 Coral Drive, lives directly north and adjacent to the subject property. He spoke in support of the rezoning. He had talked with his neighbors and, with onl two exceptions, they supported the rezoning with the concessions the developer was willing to make. They liked the idea of the 50' buffer, the 8' buffer wall, and proper lighting. Mr. Scott is an architectural designer by pro- fes ' ~on, and he felt the strip of property could best be used for commercial property. He referred to the expense invDlved in clearing the property and bringing in fill dirt. Thi~ would be expensive; ~nd Mr. Scott felt that in order to develop this property residentially, the expense would be so gre~t that the developer would have to go to high density in order ~o absorb some of the costs. He felt this would be les desirable than using the property for commercial. He als felt that residential would not create as great a tax -12- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYNTON BEACH, FLORIDA DECEMBER 17, 1987 base as commercial would. Residential would still have parking lots, dumpsters, traffic, loud music, etc. Bi th, th, tr~ ha~ pc: He also did not feel that it was feasible for the City to purchase the property for the purpose of turning it into a ~a~k. He did not fe~l that some of the devHlopment allowed un~er R-3 would be desirable. He felt that the developers ha~ presented a very well designed project which is aesthet- ic~l!y pleasing. Any growth would increas~ the amount of accidents on the streets - Whether commercial or residential ~lopmento He did not feel that a shopping center would people from other cities, but felt that the center be used by the local residents. li~ sts get me~ m~ Let Wit you dec We Vi~ pe~ Lei Boy ma~ ecc L1 Martin, 1041 Coral Drive, also lives directly north of ~ project and is in the banking profession. He felt that s~opping center would fill up in t~me. He does not like [ffic, an~ moved here to avoid traffic like Ft. Lauderdale ~. Development will not stop and he did not feel that a 'son shoul~ be denied the right to develop his property. disi Russell, 1231 Gondola Lane, stated that some of the would have attended the meeting were at the Boat West Palm Beach. He has lived in Florida all his and he mentioned that this is the fastest growing :e in the Union. He spoke to someone who had felt he was :lng misleading information and he read a note from a )er of the Chamber of Commerce: "This is the last ting to fight the proposed Via Lago Shopping Center. 's fill the seats at City Hall to show our opposition. h the main entrances of the shopping center on ~ld Boynton ~ and Boynton Bea~ch Boulevard, it will be impossible for to get in and o~t. Fill the seats, please. The meeting ides whether the ~hopping center will be built or not. must pack the sea~s. Let the Council know we do not want Laigo..." Mr. Russell stated that he had gotten some ~tiDns also wit~ 653 names, and he did not go into ur~eville. Most of the people for the project a~e · ing people. He had requested the speed traps on Old ~ton Road. The buffer agreed to by the developer would the commercial p~operty desirable and he felt that the could a:lso be l~ft. He was concerned about the Mr. Russell referred to some recent pro~ects, as the new Hol~ay Inn, and pointed out that he felt itoh Beach was becoming a very beautiful town much like ~ Raton. ~e did ~ot feel that the proposed shopping create the traffic on Old Boynton Road that the ~re tactics" would have people believe. He felt the Lignment of the road with a traffic light would people from taking Old Boynton Road. He again :ed that he felt this was a high quality way to use the -13- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYI~TON BEACH, FLORIDA DECEMBER 17, 1987 property. He requested that the Commission consider the re~est.~ as he did not wish to see the R-3 use of the prop- er~y as some have proposed to use it. Bi%l Burkhart from the Village of Tequesta, who is a member of the Planning Commission 1~ that area, and running for To~n Council, stated that he has been going around the area to see what a town council does. He felt that most towns tr,' to keep spot zoning out, and he felt that in this case th~re was spot zoning. He noted that most of Boynton Beach Bo~[levard is commercial except for the subject property. Residential property cannot be sold or rented in an area wh~ ch is primarily commercial. He felt the proposed project wa~ a very nice one, and he was familiar with Bluff Square an~ Gardens Plaza. He felt these were fantastic centers. Mr see gen pet tal $8, und muc hie men pat hap bor be sar saf in pla the wou the. ~r Cassandra pointed out that the whole area Mr. Burkhart referring to was previously residential. Commissioners the past opened up the door when they allowed one strip be developed as commercial property. Now there is ther, and the third one has been requested. This causes oreeping effect. Foley responded to the questions raised by some of the cerned citizens. He felt that the people would rather the property not developed. Both residential and com- cial would generate traffic, but commercial would erate slightly more. Both sides brought hundreds of itions. ~e was proud to be a developer and noted that developer built the homes people live in, the hospi- s, businesses, etc. He stated that he would not make 900,900 on the project and found it difficult to erstand how Mrs. Bernard heard him say he would make that n when she was not even present at the meeting that h~. He apologized to everyone if he had made that state- ~. In answer to Ed Bernard's suggestions regarding bike ~s along Old Boynton Road, he stated that they would be py to provide bike paths along the commercial property ~ as well as all the way down to the Bernard's nelgh- ~ood, if the right-of-way could be acquired. This would in the spirit of being a good neighbor and would make it ~r to travel to their center. He was concerned about the ~ty of the neighborhood. He stated that there is no plan :he Five Year Plan to widen Old Boynton Road. The only 1 is to realign it, and this is presently underway. Ail lighting will project downward as explained. All hours .d be limited from 9:00 A. M. to 9:00 P. M. with the ~ption of the restaurant. ~e went on record stating that , would not have any drive-through or fast food type :aurants. He anticipated the out parcel being utilized -14- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYNTON BEACH, FLORIDA DECEMBER 17, 1987 as of be of 95 88 st( th~ st~ pet an~ Mr red int & i wit ini pre thc fel ros wou res for poi met con - a mad sar Lo± the rec the ele: Gov Cou~ dev. St. a bank or a sit-down restaurant. He would be happy to 'k with the people affected by the appearance of the backs the buildings to find an architectual treatment which is ~asing to them. He recognized the fact that there would some empty stores. Boynton Beach, however, enjoys one the highest rates of any community in the entire state - percent occupancy. What is considered full occupancy is percent. He pointed out that there will always be empty ,res as well as empty apartments and homes. He stated t he is not in this for the "fast buck" as one resident ted. He has invested between $70,000 to $90,000 in this ition. He will have $18,000,000 invested in the site n it is all over. He was not here to make a quick buck go away. Foley summarized that this project differs from the ini- 1 application in that the Xtra store is out, the 24-hour res are out, the size has been reduced from 172,000 are feet to 158,000 square feet, the hoars have been uced to from 9:00 A. M. to 9:00 P.M., there is less ensive use (as spelled out in the minutes of the Planning oning Board'Meeting), and the traffic has been lessened h the change in use. This project is very similar to the tial one. He felt that if this pro]eot were properly sented, the rezoning would be granted. He pointed out t a commercial location should have natural breaks. He t that a canal on two sides of the property, a major flway on one side, and a major arterial on the other side, ld provide four natural breaks for the transition from id~tial to commercial. He noted that this property ld have been developed as residential any time daring the ty years he has b~en coming to Palm Beach County. H~ ~ted out that it has not, and almost every other property :h is zoned residential has been developed. He felt this ~ something about the zoning. He felt it should be com- :i:al as it is on a major arterial. This property would tribute two times the amount that high density residen- [ would. This property ~ould add employment to the area ~proximately 39~ jobs. Less demand on services would be ~ - fire, education, etco The developer proposed to add ~ty factors - an additional traffic signal from ~u~eville to the proposed site. Mr. Foley is Chairman of County's Land Use Advisory Board and they wrote the most ~nt comprehensive plan for the County. They looked at economics, sewer, water, waste, drainage, conservation ~ents, utility elements, energy elements, etc. As the ~rnor's appointee to the Treasure Coast Regional Planning ~cil, he helped write ~he new Comprehensive Plan for the ~Iopment of four counties - Palm Beach Oounty, Martin, Lucie, and Indian River. He spelled oat some of the -15- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYNTON BEACH, FLORIDA DECEMBER 17, 1987 factors to consider in a comprehensive plan and noted that transportation is number 19 on the Regional Planning Co~ncll s !lst. It ls ~mportant, but not the most important consideration. He felt that waster is the most important item in the State to conserve. Residential zoning with utilization up to its capacity (199 units) would use 3,000,000 gallons of water per month, or over 30,000,000 gallons of water per year o~ six times what commercial deve- lopment would use. G~tting rid of sewage is a problem. Re~idential would generate 1,000,000 gallons per month or th~'ee times what commercially zoned property would generate. He ~recognized the fact that everyone would like to live in a pristine r~sidential environment and have the goods and ser- vic!es delivered %o the back door quietly, but reality does not allow this to happen. Well located, good commercial development is necessary in e~ery neighborhood. He felt t~ w~at he ~d to offer was a good quality product in an appropriate site and would be an asset to the commumity. Ma~or| Cassandra pointed out that he had received several ca~ds, but they are useless as they do not contain ad~res'ses. He had one letter which contained a name and address which, he included for the record. It is attached to th~ original copy of these minutes in the Office of the City Cl~rk. He reiterated that no zone change should be made on economic reasons. Any zone c~ange is made on what is pro- posed to be ~laced there and no economic considerations sh~ uld be made. Af~ er a short break, the meeting resumed at 9:40 P. M. Mr. Annunziato represented the City and called attention to th~ staff comments/conditions which were attached to the Comzissioners' agenda packet. These were to be attached to the approval if this request for rezoning were approved. He referred to his memo dated December 3, 1987 to the Chairman and the members of Planning and Zoning Board. He referred to ~he comment which involves the link on Boynton Beach Boulevard between 1-95 and Seacrest. He noted that this proposed project would have a significant impact on that lin~ according to the recent Pal~ Beach County Traffic Performance Ordinance. Boynton Beach has not yet adopted tha~ standard, but it has been utilized to provide some basis of understanding with respect to traffic improvements. The level of service over that link is at level "D." If thi~ project was in the County, it could not have gone for- war,! because projects with this level of service would not be )ermitted or meet the traffic performance standards. It is ~esired to keep Boynton Beach Boulevard at four lanes wit ~ possibly a fifth lane for turning. The Commission has MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYNTON BEACH, FLORIDA DECEMBER 17, 1987 recently reviewed plans for the development of Boynton Beach BoUlevard which suggests that traffic be increased as a me~hod of redevelopment. He suggested that level of ser- vi~e should remain at level "D" at peak traffic time. Mr wh~ Ta~ Co~ th, pa. th~ of~ Of th~ Vic int Mr th. no' Pla the CoN li~ doe for sit fel the a i th( par mak Com eom sta tal pro ev, He fe, he do~ Foley responded that he had no problem with the 40 or so ~ditions set forth by the City Staff. He was not sure it was meant as he was a member of the County's Traffic ~k Force which wrote the Traffic Ordinance which the [nty now uses. They realized this was the one link that ~ arterial affects that goes to service "D." The municl- .ities were to set their own standards on level of ser- ~e. He stated that in addition to the $300,000 impact fee .t they would be required to pay, they were prepared to er an additional amount of $500,000 to offset the impact the traffic and try to improve the turning lanes, etc. .t would be a total of up to $800,000 in impact fees which ~y would be willing to pay. e Mayor Marchese thanked all the residents for their erest in the project. He also thanked Mr. Culpepper and Foley for an excellent presentation. After listening to Planning & Zoning Board and the City planners, he could approve this ~ind of commercial request. He felt the nning Department had done a good job and he wanted to see City stick with the Comprehensive Plan. missioner Zibelli stated that she felt everyone would e to see a park on this site. She felt that Boynton had a good job in trying to put together recreational areas the City. The decision is difficult since this property in a location which seems to call for commercial. She with the R-3 zoning, someone could live just 45' behind residents, and she would have a problem with someone in ulti-story building looking down into the backyards of ir neighbors. She also did not feel that the citizens ld like to pay higher taxes in order to pay for another · . She had some reservations and stated that she would ~ her dec~slon later. ~lssioner Hester stated that the newspapers had said that ~ of the Commissioners had been talking to Mr. Foley. He ~ed that he had spoken to Mr. Foley and that he would ~ to anyone about any issue in the City. He had a )lem going contrary to the Comprehensive Plan even though ~ything else along Boynton Beach Boulevard is commercial. ~ould like to see a park at this site too but did not that was possible. He has lived here all his life and emembered times when it was not necessary to lock your ~s. He felt a good plan had been presented and would be -17- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYNTON BEACH, FLORIDA DECEMBER 17, 1987 an asset to the community. He did not make an emotional degision and had listened to both sides. He would make his vo%e know when it was called for. Co] bo~ Pi~ a nol co! Mai the Pi~ Be ce] Bo re¸ pre or ex~ co~ it th~ blc Bo~ wou tha his prc Cit Des Bas the May amc Com to of Mot too lmissioner Mann stated that Staff and the P&Z Board had ~h turned the plan down.~ The P&Z Board had voted unani- ~sly for the denial of this request. He felt that people Lght property and felt they could trust the Comprehensive Ln. He felt that this should be changed onlY if there was :ompelling reason or a mistake had been made. He could see increasing traffic mn this area by allowing more [mercial zoning. 'or Cassandra commented that Country Fair, etc. are not in City of Boynton Beach. The City has a Comprehensive .n and the traffic impact must be considered for Boynton .ch Boulevard as well as Old Boynton Road. He was con- ned that traffic would still want to turn down Old nton Road to avoid Boynton Beach Boulevard. ,roximately $20~000 has recently been spent on Urban ign to review Boynton Beach Boulevard. Urban Design ~mmended that two places remain residential - the subject erty was one of them. The sUbject property could go PUD ~=3 if there was a developer interlested in doing so. He [ained the setbacks required for PUD and R-3 as well as mercial. The City has full control of what goes and how goes if this goes PUD. He felt by proper positioning of landscaping, the view from, Venetian Isles could be cked. He stated that traffic was the problem on Old n~on Road and on Boynton ~each Boulevard, and the impact ld be even greater than anticipated. He was concerned t Mr. Foley did not really~ show Leisureville when he gave driving tour. He pointed out that this is residential petty and just across from, the ~ite. He felt that the ~ s~Ould comply with the Comprehensive Plan. Urban ~gn ~ad also recommended this remain residential. sd upon the P&Z Board's recommendations, and on all of facts and figures from the Planning Department, Vice Dr Marchese made a motion to deny the request for an %dm~nt to the Future Land Use Element of the ~rehensive Plan to rezone from high density residential ~oc~l retail commercial (~from R-3 to CD) for the purpose ~onstructing a 158,000 square foot shopping center. [on was seconded by Commissioner Mann and Mrs. Boroni a roll call vote: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Aye Aye -18- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BO~NTON BEACH, FLORIDA DECEMBER 17, 1987 Commissioner Mann Commissioner Zibelli Mo':ion carried 5-0. Ma~,or Cassandra thanked Mr. Foley's people for the way they ac'~ed under adverse conditions. Mr. Foley thanked the Col~mission noting the developers had been fairly treated. Th,~y would have liked to have developed this project, but fel.t that the City's staff had treated him fairly. Vice Ma,'or Marchese stated that he hoped Mr. Foley would come ba~:k and develop another property in the City. Mr. Foley re]~lied that they would look for property that they could be wo~ thy of developing. After a short recess, the meeting resumed at 10:12 P. M. Mas~or Cassandra reminded the Commission that the following items remain on the table: 6B, 6C, 6D, 6E, 6F, and 6G. Th~se are rescheduled to February 2, 1988. Lard Use Element Amendment H. Project Name: Hathaway Park, Lots 11 through 20, Block E Agent: Carmen S. Annunziato, Planning Director City of Boynton Beach Location: East side of Florida East Coast Rail- road right-of-way, between S. E. 8th Avenue and S. E. 10th Avenue Description: Request for an amendment to the Future Land Use Element of the Comprehensive Plan from "Medium Density Residential" to "Local Retail Commercial" to permit those uses allowed in the C-3 (Community Commercial) zoning district in connection with implementation of the Comprehensive Plan Evaluation and Appraisal Report Tin Cannon stated that this is a City initiated application to ~mend the Future Land Use Plan for Lots 11 20, Block E of Rathaway Park from Medium Density Residential to Local Retail Commercial. The purpose would be to bring the land use plan into conformance with the zoning. He pointed out the lots on the map. In 1986 the Planning Department recom- mended that the zoning on this property be changed from C-3 to ~-2 to bring it into conformance with the Future Land Use Pla9. That recommendation was contained in the E&A Report whieh was adopted by the City Commission. However, earlier -19- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BO~NTON BEACH, FLORIDA DECEMBER 17, 1987 th~ year, upon considering the City initiated zoning appli- cation changing the zoning to R-2, the P&Z Board recommended against that rezoning and the City Commission decided against rezoning it to R-2. The. P&Z Board unanimously recom- mended in favor of ~his application and found it consistent with the Comprehensive Pla~. If the City Commission apl~roves the application, it will be sent to the Florida De]~artment of Community Affairs and they will have 90 days to review it and they will then transmit it back to the City. Th: ho~ th~ ho~ pre wa] s was a PUBLIC HEARING. No one wished to speak in FAVOR, ~ept for one man in the audience who stated he would not ~ak if no one spoke against the issue. k Hatch, 804 S.E. 3rd S~reet, stated that this is his .e town and he located his property on the map. He liksd neighborhood and noted that approximately 1/3 of the ~es have children living there. He wished to see the perry remain residential. There are not adequate side- ks provided so the children must play in the streets. Ma~or Cassandra was concerned because this was the first ti~e he had heard anyone speak against this rezoning. Mr. Hatl~h noted that some of t~e residents had attended the mee~ingsf but had to leave before this project came before th~Commission due to the la~teness of the hour. ! Ma~or Cassandra stated that there were many reasons for not leaving this area as residential - no roads back there, alleyways, etc. He felt Mr. Hatch was too late in coming fro fou As CLO Com sho and Nith his complaints. missioner Hester asked Mr. the ar8a to be rezoned. houses from this area. Hatch how far his house was Mr. Hatch replied that he was here was no further discussion, the PUBLIC HEARING WAS ~ED. ~issioner Mann strongly felt that the Comprehensive Plan ~ld not be changed unless there is an obvious error made, he felt this was the case in this situation. Vic~ Mayor Marchese made a rez~)ning from R-3 to C-2. motion which carried 5-0. motion to approve the request for Commissioner Hester seconded the Lan~ Use Element Amendment and Rezoninq I. Project Name: Agent: Watersedge and adjacent parcel Carmen S. Annunziato, Planning Director City of Boynton Beach -20- MI~-UTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BOYNTON BEACH, FLORIDA DECEMBER 17, 1987 Location: Description: East side of North Federal Highway, between Shooter's Restaurant and Boat Club Park Request for an amendment to the Future Land Use Element of the Comprehensive Plan from "Local Retail Commercial" to "High Density Residential" and rezoning from C-3 (Community Commercial) to R-3 (Multi-Family Residential) in connec- tion with implementation of the Compre- hensive Plan Evaluation and Appraisal Report Mr ex! on Co~ du~ ant it, M~r in Mr. thc ar~ Mr amE ap! com zon tia Wat tia sug cha the att was Annunziato pointed out the 10 acre tract on the map and ~lained that it is directly south of Shooters plus 2 lots U.S. 1 to the Intracoastal or all of the vacant land be- ~en Shooters and Watersedge. .missioner Zibelli asked, since this is going to referen- ., why make the change at this time? Mayor Cassandra wered that the people could say they do not want it. The ing change would still be necessary. If the City buys there would have to be another change made. City ager Cheney explained that the City must get it lined up case they do not buy it. Annunziato stated that there are two processes, even ugh they were talking about the same properties, which unrelated. Cannon explained the application, which was made to nd the Land Use Element of the Comprehensive Plan for roximately 1/3 of the three parcels from local retail mercial to high density residential. There would be a lng change proposed from C-3 to multiple family residen- 1. The H&A Report recommended that the front part of the ~rsedge project be changed from commercial to residen- l. During the course of the public hearings, it was ~ested that the frontage of the top two parcels be ~ged from C-3 to R-3 also. The Land Use Plan adopted by City Commission showed that change. The applicant's )rney brought up the question of whether that decision properly advertised. In order to resolve that question, it ~as decided to go through the Land Use Amendment and Rez~ning Application process once again. The P&Z Board reviewed this and made a unanimous ~ecommendation to approve the~applications and made a finding that the Land Use Amendment and the zoning were cons{stent with the , Comprehensive Plan. The letter from the applicant s attor- -21- MINUTES - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BO~NTON BEACH, FLORIDA DECEMBER 17, 1987 n~, ~atricia Rathburn, is attached to these minutes as Exhibit A. Attorney Rathburn stated that she felt that th~s rezoning would be considered spot zoning. Mr. Cannon stated that since there is one person who ow~s this strip of la~d from Federal Highway to the Intracoastal, it would not he, considered spot zoning. It is one of the few parcels left where one person owns the entire strip from U. S. 1 to th~ Intracoastal. The ownership of other parcels in this ar~a is fragmented. Ma' Mi~ der of ca~ He Co,missioner Mann asked when the property last changed hands, and Mr. Cannon answered that it was approximately two yegrs agio. Commissioner Mann asked if at that time the zoning was C-3, and Mr. Cannon answered.affirmatively. In answer to another question from Commissioner Mann, Mr. Ca~non stated that it could be argued that this is not spot zo~.ing due to the ~ationale for changing from C-3 to R-3. He explained this is a unified parcel which runs from. U. S. 1 o ~e 'Intracoastal. He felt this was not spot zoning. or Cassandra asked if anyone wished to speak in FAVOR of rezoning. e Greenhouse, 618 N.E. 20th Lanm, stated that as a resi- t of Watersedge, he would like to see the recommendation the Planning Department and the Planning and Zoning Board ried out and have the property rezoned from C-3 to R-3. felt a beautiful community could be built on this site. y Attorney Rea read the letter dated December 17, 1987 m Patri¢ia A. Rathburn, Esq., which was delivered at 7:25 · on this date. This letter was addressed to Carmen unziato and is attached to these minutes as Exhibit A. cit frc P.~ Ann As ~o one else wished to speak in favor or against the pro- POsed reZoning, the PUBLIC HEARING WAS CLOSED. Com Fur to mot Com rea pro May did to ~lssioner Hester made a motion that the amendment to the ~re Land Use Element of the Comprehensive Plan from C-3 R-3 be approved. Commissioner Zibelli seconded the nissioner Mann stated that he had heard no compelling on to grant this request. He felt that if this was his perry and he had bought it two years ago with the C-3 ~ng, he would see no reason to change it. )r Cassandra noted that not think it important tiscuss it. the people who own the property enough to appear at the meeting -22- MI~TES BO~NTON - CITY COMMISSION/PLANNING DEPARTMENT PUBLIC HEARING BEACH, FLORIDA DECEMBER 17, 1987 A As Cf~ Rec Yote was taken and the motion carried 4-1 with Commissioner in voting against the motion. there was no further business to come before the ~mission, the meeting properly adjourned at 10:37 P, M. EST: orol~Ig Secretary three Tapes) CITY OF BOYNTOH BEACH ViCe MaYor commi s s ioner /~ om~issioner -23- LAW OFFICES ATKINSON, JE , DINER, STONE & COI4EN A PROFESSIONAL ASSOCIATION KENNET~ C. ]ENNE. ti JESSE H. DINER ADELE L STONE JAY CO~ N DAVID ~A. BLACK H2tND- DELIVERED Carm~ S. Annunziato, AICP PI'am lng Director City vf Boynton Beach 120 sst Boynton Beach Boulevard Boynt~n Beach, FL 33425-0310 December 17, EXitIBIT A POST OFFICE DI~W£R 2088 1~6 T,a~ S~R~r 1987 'r~= t:~) 920-27,, File #t9-0423-87 Re: 4atersedge and Adjacent Parcel/Land Use Amendment ~nd Rezoning. Dear Rr. Annunziato: Ptea~ be advised that the undersigned represents Shooters of Boynt )n Beach, Inc., the owner of Lots 8 & 9, Sam Brown Jr.'s HypoI~xo Subdivision. It i~ not possible for my client to be present in person at tonig t'~-City Commission meeting. He has therefore requested that this letter be submitted to the City Commission for their consiteration with regard to the proposal for land use amendment and r~zoning of the subject parcel. I would therefore appreciate your cooperation ~n presenting to the City Commission at their meeti:~g tonight, my client's opposition to the proposed land use amen~ ~ent and rezoning. My c ient's position with regard to the rezoning and land use chang~ from CommerCial to Residential remains as previously stated in my presentations on August 6, 1987, September 1, 1987 and Sep- tembe:t 15, 1987, that the land use change and rezoning of this prope~:ty from Commercial to Residential is not warranted. I refer you ) my statements contained in the minutes of those meetings, which minutes are incorporated herein by reference. Once again, my client requests, based on the severe economic hardship this would cause and his belief that the City's action constitutes spot zoning;, that the proposed land use amendment and rezoning from C-3 to R-~ be denied. Sincere~/yiurs ,~ /] cc: ity of Boynton Beach City C ~