Loading...
Minutes 11-30-87MINUTES OF THE PLANNING & ZONING BOARD SPECIAL MEETING HELD IN PINELAND PLAZA, BOYNTON BEACH, FLORIDA, MONDAY, NOVEMBER 30, 1987 AT 7:30 P. M. PRESENT Wal~ er Rob~ Har ( Mar: Marl S im~ Rob~ Gar] "Marty" Trauger, Chairman ~rt Wandelt, Vice Chairman ~ld Blanchette lyn Huckle in Jackier ~n Ryder ~rt Walshak ' Lehnertz, Alternate Carmen Annunziato, Director of Planning Tim Cannon, Senior Planner Cha rman Trauger called the meeting to order at 7:30 P. Mo He i.ntroduced the members of the Board, the Planning Staff, and the Recording Secretary. Chairman Trauger recognized the presence in the audience of Vice Mayor Ralph Marchese, and Commissioner Dee Zibelli. th~ or wou witl He tic wer pe~ 21, the C-2 ret cia tha cha son inc ini Pla Cannon explained the purpose of the meeting in regard to six applications, noting that the Board can vote to deny ~pprove the requests. He also stated that the Board Ld have to make a finding for each that it is consistent ~ the Comprehensive Plan as required by Florida Statutes. )rovided the Board Members with copies of applicable por- ~s of the Evaulation and Appraisal Report. The rezonings ~ being considered in connection with an expanded list of ~itted uses in the C-2 zoning district. On January 6 and 1988 the Board will consider amendments to the text of zoning code which will expand the uses allowed in the zoning district. The types of uses will all be small ~il uses (stores and shops) as opposed to heavy commer- [ uses as allowed in C-4 zoning. Mr. Cannon reiterated the City is in the process of rezoning as well as %glng the number and type of uses that are allowed in C-2 Lng districts. Denial of a zoning application should rude a consideration as to whether the City should :iate an appropriate amendment to the Future Land Use -1- MINv~ES - PLANNING & ZONING BOARD SPECIAL MEETING BOY'TON BEACH, FLORIDA NOVEMBER 30, 1987 NEW BUSINESS Public Hearings Rezoning 1. PROJECT NAME: AGENT: OWIqERS: LOCATION: DESCRIPTION: 2. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: 3. PROJECT NAME: AGENT: OWNER: LOCATION: North Federal Highway (U.S. 1) East side (Application No. H-i) Carmen S. Annunziato Bruce F. Merges, Philip & Gretchen Bacon, John T. & Scott K. Brown, Antonio Velardo, R. L. & Mary LaMontagne, Donald & Sue Biesendorfer, Alpine Seven Co., Inc., Ronni Kulla, F~ench American Food Co., Inc., Sunapee Enterprises, Inc., Edward & Rosa Bauer, Joseph & Vincie Tufo, Antonio & Irma Mascolo, William & Mary McCoy. North Federal Highway (U.S. 1), east side, between the Boynton Canal and N.E. 6th Avenue. ~eqUest to rezone f~om C-4 General ~o~merciai to C-2 Neighborhood ~0mmercial for the purpose of iimplementing the Comprehensive Plan ~valuati~n and Appraisal Report. Rustic Retreat Retirement Home and Adjacent Parcel (.Application H-2) Ca,rmen S. Annunziato R. L. & Mary LaMontagne, Donald & Sue Bies~endorfer The east~erly portions of 1120 North Federal Highway and the adjacent parcel t~o the south. Request to rezone from R-3 Multiple-Family Residential to C-2 Neighborhood Commercial for the pUrpos~ of implementing the ~om~rehensi~e Plan Evaluation and APpraiSal Report. Lake Addit=i_o~. to Boynton Beach, LOt 20~(A~plication No. H-3) Carmen S. /~nnunziato Sunapee Enterprises, Inc. N. E. 9th ~enue, south side, 108 ft. e~st of North Federal Highway (~S. 1) -2- MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYiNTON BEACH, FLORIDA NOVEMBER 30, 1987 Mr. Cannon explained that basically the auto related uses world become nonconforming uses as well as the bars and package stores. Beer and wine could be sold for consumption off premises. Mr. of The th~ up not Ap~ co~ r es de~ by of Cannon next explained the H-2 application which consists two parcels split by the current district boundaries. eastern half of the Rustic Retreat Retirement Home and property immediately to the south (vacant offices) makes the H-2 section. He suggested that this property should have split zoning as access to it is off U.S. 1 and it nects to private property to the east. licat~on H-3 is a small sliver of property located at the ner of 9th Avenue and Federal Highway. It could not be sonably developed for residential use. It was formerly eloped as part of a used car lot. This parcel is owned the same person who owns the portion which fronts on 1. There is a concrete block wall along the east side he ~-3 property which has been erected by the owner as a wall. This would preclude the possibility of the of a single family lot ever acquiring that property as for a home. Mr Cannon explained that it was proposed to change from C-4 to rather than C-3 due to the fact that the lot depth in most cases is extremely shallow (100' in most areas) and further restriction in zoning should be made. There would be very little area for a buffer needed for commerical use. Mr. the and fel C- Mr set men tic tha He Annunziato pointed out that as a part of the E&A Report, Planning staff was asked to do an analysis of lot depth lot sizes as well as ownership organization. It was that these lots lend themselves more to C-2 use than Blanchette stated that the largest piece of property 200' deep and 150' wide. He noted that with a 30' rear Pack and a 25' front setback, along with parking require- :s, the possibility of a large building would be prac- ~lly eliminated. Mr. Cannon felt that a building of more % two stories might be possible on the northernmost lots. ~mphasized that the zoning should reflect what is des%rable and not what is possible. Mr. Blanchette com- mented upon a question from Mrs. Huckle that under C-4 zonzng a 25' front setback and 20' rear setback (unless it abuts residential property - then it would be 30') and 15' on the sides. The difference between C-2 setback require- men~s is that C-2 requires 30' rear setback rather than 25' -4- MI~HTES - PLANNING & ZONING BOARD SPECIAL MEETING BOS~NTON BEACH, FLORIDA NOVEMBER 30, 1987 Mr~ Ryder questioned whether there were any plans to widen U.~ io Mr· AnnunZiato replied that to the best of his knqwtedge, there is no pla~ t° do so at least for the next fi~e Years. Pr] poi tic a$~ th, Do~ C-~ COl~ ,, loc Jac in Aft inc bee pre men rez IN Llc own zon or to opening the meeting to the public, Mr. Cannon again nted out the location of the property in the H-1 applica- n. THE PUBLIC HEARING WAS OPENED. Chairman Trauger ed if anyone in the audience wished to speak IN FAVOR of proposed zoning change. Biesendorfer, Rustic Retreat Retirement Home, 1120 N. eral Highway spoke in favor of the change in zoning from to C-2. The C-2 zoning would allow ACLF to come under forming property. He noted that his business is only andfathered" into the C-4 zoning and he would not be owed to apply for a permit and expand his property. The cel of land under the H-2 application also belongs to M_r. sendorfer. The H-2 application involves changing from to C-2. He noted that his building has been in its ation for 53 years and questioned how his property had been broken into two different zones. Gayegian, 616 and 618 N. Federal Highway, came forward response to the letter he had received from the City. er some discussion, he was told that his property was not luded in the area being considered for rezoning. He had ~ sent a letter as his property is within 400' of the )osed rezoning area. Mr. Gayegian had no further com- one else wished to speak in favor of the proposed Dning, Chairman Trauger asked if anyone wished to speak DPPOSITION to the proposed rezoning. ~d Powell, Alpine Seven Company, 1112 N. Federal Highway, ~r of the Alpine Florist, spoke against the proposed lng change. He stated that he felt the City has "put the car: before the horse" in this situation. He clarified that at :his point in time, it is not known exactly what the exp~nded permitted uses will be under the C-2 zoning. He fely that this should be defined and approved prior to attempting to change the zoning. Mr. Powell stated that under the present C-4 zoning, his property is worth more due to ~he fact that he could apply for an occupational license to ~o business as a wholesaler. He would not be allowed to do ~his under C~2 zoning. Mr. Powell pointed out that the -5- MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BO~NTON BEACH, FLORIDA NOVEMBER 30, 1987 pr( to Up, Car Mr. app aft The~ Can] gas~ fir: onl~ und~ wou~ veh: .perry north of the Boynton Canal is zoned C-3 and he felt t the.property in the H-1 application should be rezoned C'3, if at all, in keeping with the other zoning in the a. n a request by Mrs. Huckle and Chairman Trauger Mr. non listed the proposed changes to C-2 zoning: Any use allowed in C-1 districts (primarily office uses, funeral homes, banks, medical and dental offices, convalescent homes, group homes, and day care centers as a conditional use.) Automobile parts and marine hardware; camera stores; furniture stores; home furnishing stores; antique stores; flower shops; bicycle shops; luggage stores; music stores; art and ceramic stores; jewelry stores; locksmith shops; sporting goods stores; paint a~nd wallpaper stores; tile and carpet stores; office supplies; art, craft and hobby shops; art galleries; bookstores; card shops; news stores: pet shops; repair and service of merchandise sold ia C-2 zoning district; tele- vision, radios and electronic equipment stores; household appliance s~ores; souvenir and gift shops; beer and wine sales (limited to consump- tion off premises); personal services; laundromat; photographic studios; automobile service stations as a conditional use; private clubs and lodges as a conditional use; grocery and food stores up to 10,000 sq. ft.; hardware stores; restaurants which include those which serve alcoholic beverages in conjunction with meals; drive-through restaurants as a conditional use; variety stores up to 10,000 sq. ft.; drug stores up to 10,000 sq. ft.; clothing and shoe stores; and lawn and garden supply stores. Cannon explained that "conditional use" can only be :oved by the City Commission after a public hearing and ~r notification of everyone within 400' of the property. ~e was some discussion regarding service stations. Mr. ion stated that automobile service stations which sell )line can have repair bays as an accessory use under a [itional use. Mr. Walshak stated that this was the ~t time he had heard that service stations were allowed · as a conditional use. Mr. Cannon clarified, as proposed ~r the expanded C-2 zoning, automobile service stations d be allowed as a conditional use and that the repair of cles would be limited to passenger vehicles. He stated - 6 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOTfNTON BEACH, FLORIDA NOVEMBER 30, 1987 th~ ob' bo~ fe~ Zo~ th~ Jan Est ret ma~ un~ th, Mr c~ to so noi poi ava zon as t this was as recommended by the P&Z Board. Mr. Walshak ected and stated that he had attended all the workshop :tings and he did not remember that this was what the rd had decided. Mr. Annunziato stated that he did not 1 there had been a recommendation to make a change to the lng regulation which provides for gasoline stations in C-2 not only as a conditional use but requires that they also have frontage on a main artery. es Richardson, 639 N.E. South Road, represented Harbor ares which borders the canal and is zoned R-1AA. The idents in Harbor Estates fear that with the rezoning they end up with a convenience store which somethimes harbor leasantness. The iHarbor Estates residents wished to keep zoning as C-4. Ryder questioned whether Mr. Richardson felt a car wash preferable to C-2 zoning. Mr. Richardson replied, "the wash is a detriment to the world at large.'~ He objected people who come to wash their cars playing their "boomer" loud in the wash stalls. He noted that from midnight to 0 A. M. the noise isn't so bad, but during the day it is rible. He has called the police frequently regarding the se, but there is nothing that can be done. Mrs. Huckle nted out that under the current C-4 zoning, all the uses ilable under C-3, C-2, and C-1 are also available to C-4 ing. If changed to C-2 zoning, building would be limited spelled out by Mr. Cannon. Joseph Tufo, owner of Joe's Drivein stated that he has been at ~is present loc~ation for the past 15 years. He was opposed to the proposed change in zoning from C-4 to C-2. He reared his property would be devalued. Mr. Tufo referred to ~he property on the west side of Federal Highway noting tha~ this property is not being rezoned. He questioned why thi~ particular property was picked out for the change and no Dt~er properties. Mr. pro imp rec fro ado was had bus ins' que: Annunziato stated that this had already been explained 4r. Cannon. First of all, an attempt was being made to ~eet the residential area to the east and secondly, to ~ove the aesthetics of the area approaching the CBD. The )mmendatlon was forwarded to the Planning & Zoning Board ~ the CRA. The Board took this under advisement and )ted it in the E&A Report. Mr. Tufo felt that the Board only giving consideration to the residential area and not taken into consideration how this would affect the .nesses. He suggested making the residential area C-4 ~ead of making the business area C-2. Mr. Tufo ~tioned how he would be able to use his property in the MINUTES PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 30, 1987 f~t~re for another purpose or to sell to someone who may wls~ to utilize the C-4 zoning. His property has 200' of frontage on U.S. 1 and is 130' deep. It is located at 818 N..~ederal Highway and extends.down to 810 N. Federal. His building is 3,100 sq. ft. in size. Phi wa~ He th~ was He pec and day the the the is app att yea all was wis' otb th~ is BO] pos~ the d~a~ BOy] at ] was] eli] .ip Bacon, 1310 N. Federal Highway, owner of the car was the next to speak against the proposed rezoning. that he has tried to be a good neighbor to the in Harbor Estates. Mr. Bacon is also bothered by loud music in some of the cars which utilize his car He has called the police and has posted signs which the noise, and installed a buffer wall with a 3. He did not feel he should have to enforce the law. h~as requested that a noise ordinance be approved so that ple can be given a ticket and fined if they do not obey. Bacon noted that he provides a useful service for middle lower income people. His car wash is open 24 hours a · He is there during the day and has a cleanup man on premises for 3 or 4 hours e~ch evening, but n~ one is re all night. He noted that, according to Mr. Richardson, noise ~s not a problem during the late evening and early ~ing hours. Mr. Bacon did not wish to be a nonconforming in the City. He earns his living with the car wash and i5 years away from retirement. He wishes to improve the ~ar~nce of his busines~ and asked if he could p~t an ~active mansard around his business· His building is 10 ~s old and he questioned whet~er or not he would be )wed to make changes tb it. He felt the change to C-2 aimed primarily at automotive-type businesses. He %es to open another car ~ash west of town and asked where ~r C-4 zoning is lOcat~d~ Mr. Annunziato stated that ~e is no C-4 zoning in!the City west o~ 1-95, but there m opportunity for some C-4 in connection with the ~ton Plaza request for annexation. The E&A Report pro- ~s to expand C-4 zonin~ along Old Dixie H~ghway east of F.E.C. M-1 zoning does not permit car washes either )rding to Mr. Annunzi~to. Mr. Bacon stated that he ~s customers from Delray, Boca Raton, Lantana as well as ~ton Beach. The City and ~olfcemen wash their vehicles ~is car wash. He felt the rezoning was aimed at his car ~. He asked if anyone had any suggestions on how to ~inate the noise problem. Mr. Ryder felt the prOblem was the vacuum and not the wash it!s~tf. Mr. Bacon pointed out that the vacuum system is a q~i~t one, but some of the patron~ like to play their radios w~i~e they clean their cars. Chairman Trauger asked what the difference is between a serviCe statiOn with a Wash bay a~d a car wash. Mr. Cannon stated that the Board recom- - 8 - MII~UTES PLANNING & ZONING BOARD SPECIAL MEETING BOYI~TON BEACH, FLORIDA NOVEMBER 30, 1987 mended that car washes be allowed as a conditional use in theI C-3 zoning district. This includes most of the commer- cially zoned property along Congress and some along Boynton Beach Boulevard. Mrs qu6 per tbs the can val him bus Bui t~ J~ bou gro con to "gr Rig tha · Huckle asked Mr. Annunziato to answer Mr. Bacon's stion regarding improvements which could be made to pro- ty which was ,grandfathered in." Mr. Annunziato stated t he would not be permitted to make structural changes to building, and a limit is set on the dollar amount he spend in any one year, based on the property appraisers ue of the building. Mr. Bacon asked what would happen hurricane destroyed his building. Mr. Annunzlato told that he would have 180 days to rebuild and resume his inesso He suggested that Mr. Bacon check with the lding Official for an interpretation regarding destruc- by a hurricane. Mirisola, Appollo Termite and Pest Control, N.E 12th, 3bt his property to operate his business and allow for gth. He is nonconforming at the present time, as a ~ractor is allowed only in M-1 zoning district according qr. Cannon. Be cannot expand his business as he is also ~ndfathered in." [ardo Maldonado, 810 N. Federal Highway, owner of Ail It Auto Repair, was against the rezoning. He stated : he tries to be a good neighbor by keeping his place cle~n and tidy. He has had his business for only three yea~s and has not had a chance to do all the things he wis'~es to do with it. Mr. Maldonado stated that he works sev~n days a week and he would like to expand his business. He %oves his work and wishes to stay in the area. Most of his~customers are from the neighborhood. He helps them by going out to their homes and checking their automobiles for the~. Mr. Maldonado pointed out that Tire Kingdom and D & D Aut~ Repair are located just across the street from him and he ~as sure they create more noise than he does. Edward Schill, 902 N. Federal Highway, spoke against the rez~n~ng. He stated that he had spent much money putting a fen,!e around the property with a nice hedge and trees, as well. as a brick wall between the business and the residents. He ]~as an auto repair business for foreign ears. He felt tha~ he couId provide a needed service and did not want to see the zoning changed. Mr. Schill bought his property a yea~ ago and is waiting to open his business until his son arrives early next year to he%p him. He clarified for the Board that his property is the site of the old Party Liner Boa~ building. MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 30, 1987 Phi ese dot 60( fac to~ are the the des ap] llip Bacon came forward and asked why the 100' depth was ablished for commercial property when the Master Plan was e. He noted that in other areas, commercial goes back '. He felt this was hard to understand in light of the Boynton Beach has had such a time in developing a down- area. Mrs. Huckle felt that the residents were in the prior to businesses developing and Mr. Bacon agreed a few were but most were not. Mr. Annunziato stated he had questioned why any commercial should be ignated along U.S. 1, noting that the center of the City ears to be moving westward. Jo! Mirisola stated that no one wants to live on U.S. 1. He has been in Boynton Beach for 31 years and business has always been conducted along U.S. 1. As cha CL~ Mr it Am oct as bec, Bla~ exp~ sta' add~ thai R-3 Chai sev sid out Trat oust Mr. "put area vide dist App~ the one %ge in ~ED. else wished to speak for or zoning from C-4 to C-2, THE an opposition to the PUBLIC HEARING WAS Blanchette asked if the ACLF was a conditional use or if ~as a protected use in the zoning as it is now. Mr. .nziato stated that the only way the retirement home is lpied now Ks because it was an existing nonconforming use motel. Mr. Biesendorfer cannot expand currently ~use residential uses are not permitted in C-4. Mr. ~chette clarified that the retirement home is presently a ~nforming use and Mr. Annunziato agreed. He cannot ~nd but would be allowed to make repairs. Mr. Annunziato ~ed that if the zoning was changed to C-2 he could add an ,tional building after meeting design criteria for con- onal use. Mrs. Huckle stated that this property is pre- .ly partially in R-3 zoning. Mr. Biesendorfer stated approximately 67 percent Ks in C-4 and 33 percent is in rman Trauger stated that he had driven in this area ~ral times during the past week and noted that the east looks better than the west side. Mrs. Huckle pointed that the railroad was on the west side. Chairman ger noted that the businesses try to please their omers as well as the residents. Walshak stated that he agreed that the Board was ting the cart before the horse." He stated that this under consideration was recommended for C-2 zoning pro- that the number of retail uses allowed in C-2 zoning rict was expanded. The law contains what Ks in the ndix A zoning at the present. Mrs. Huckle stated that two should go hand in hand. Mr. Walshak felt that the - 10 MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 30, 1987 pez est re¢ las the shc Ann tic Boa The Corn Com it fin iss Mr. abo to tha fel lig not Com: the the cha~ po~] bef~ plal haw Lehl exp~ see! it. sid Mr s pro the was ment felt was for zoning should be expanded prior to rezonzng this pro- ty. Mrs. Huckle pointed out that the time frame had been ablished. Mr. Walshak suggested that this rezoning uest be tabled until the zoning changes have been made. irman Trauger pointed out that this issue went through December with the public hearing, etc. He suggested t when considering the rezoning before the Board they uld assume that C22 zoning has been expanded. Mr. unziato stated that the reason behind having use regula- ms precede rezoning was that the City wanted to have the rd's recommendation after they had reviewed the uses. next step involves having both issues go before the City mission at the same time. He pointed out that the City mission realizes that the rezoning had associated with the change in uses. The City Commission will make the ~1 decision, and what matters is that they act on both les in concert. Ryder stated that he felt the Board should be concerned at the residents in this area as well as what may happen :he development of the downtown area. He was concerned the downtown area develop in an orderly fashion. He that the Planning Department had not taken this issue tly. Mr. Annunziato stated that this recommendation did originate from the Planning Department, but the City ~ission has acted twice on the issue - with respect to a~option of the Redevelopment Plan and with respect to adoption of the E&A Report. The Planning Department was 'ged with the implementation of the action. Mr. Walshak Lte~ out that the E&A Report states specifically that )re the rezoning is done, expanded C-2 uses should be in :e. Mr. Annunziato stated that the City Commission will ~ an opportunity to act on the two together. Mr. ~ertz p~inted out that the P&Z Board had approved .riding the C-2 uses at its last meeting. He felt it now ~ed reasonable to approve the rezoning to go along with Mrs. Huckle noted that the Commission will also con- r the two in this order. Huckle stated that all the neighbors within 400' of the osed rezoning were notified of the public hearing and ads had appeared several times in the newspapers. She surprised that few residents were present to make com- s. She was interested in protecting the residents but they should have been present to give their input. She ted out that the C-2 was a more protected zoning and she surprised the residents were not present to support the eing. The business people presented several good cases their businesses. She felt businesses were very ssary for the federal highways although she was not in - 11 MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 30, 1987 favor of four story buildings on the highways. She stated tha~ the proposed change was a very serious situation for the/businesses. She was in favor of the rezoning from the aes bui fei in~ out thetic point of view and to limit the height of ldings. She also wished to protect the residents, but t the Board would have t? take into consideration the estments made by the businesses in the area. She pointed that this is a commercial zone and the businesses are rly well kept. Mr. Walshak made a motion to deny the request to rezone application H-t (U.S. 1, east side, between the Boynton Canal and N.E. 6th Avenue) from C-4 General Commercial to C-2 Neighborhood Commercial for the purpose of implementing the Comprehensive Plan Evaluation and Appraisal Report in( [ding recommending an appropriate amendment to the Plan. Motion was seconded by Dr. Jackier. Mot carried 6-1 'with Mr. Ryder voting against denial. )n H-2 Con deration was next given to application H-2 which was a request to rezone from R-3 to C-2. Mr. Cannon indicated on th~ map that H-2 is the back portion of the 2 parcels which frcut on U.S. 1 which were included in H-1 This is the location of the Rustic Retreat Retirement ~ome. THE PUBLIC HEARING WAS OPENED. Do aid Biesendorfer asked what advantage there would be to rezDning the back portion when the request to rezone the frc~t portion from C-4 to C-2 was denied. He pointed out that the zoning would still be split on his property. He wished to have his zoning consistent but noted that this would not be possible at this time. Mrs. Huckle noted that the City Commission must still vote on the issues, and the decision made by the P&Z Board was only a recommendation to the City Commission. Lloyd Powell stated that if the zoning for application H-2 was changed from R-3 to C-2 the Board would be recommending approval for "spot zoning." Mrs. HUc{le could see no advantage to rezonlng the H-2 parcel at thi point. As Mr Fed the Eva o one else wished to speak, THE PUBLIC HEARING WAS ~ED. Walshak moved to deny the request to rezone from R-3 to application H-2 (the easterly portions of 1120 N. ~ral Highway and the adjacent parcel to the south), for purpose of implementing the Comprehensive Plan Luation and Appraisal Report and requested the Future 12 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYI~TON BEACH, FLORIDA NOVEMBER 30, 1987 Lan~ Use Plan be amended. Motion was seconded by Mrs. Huc~le and carried 7-0. AppLication H-3 APE ex~ of foz ope mad de~ sas As the Mr. APE of the re¢ Fut tis car lication H-3 was then pointed out on tbs map. Mr. Cannon lained that this parcel is a small wedge shaped portion lot with a 40' frontage on N.E. 9th Avenue. It was merly joined to property which fronts on U.S. 1 and was rated as a car lot. He pointed out that the request was e for rezoning as the parcel could not really be eloped as single family housing. A concrete brick wall ~ocated along the east side of the property and precludes being made part of the single family lot line to the o one wished to speak in favor of or in opposition to request, THE PUBLIC HEARING WAS CLOSED. Walshak moved to deny the request to rezone property in lication H-3 (N.E. 9th Avenue, south side, 108 ft. east U.S. 1) from R-lA to C-2 for the purpose of implementing Comprehensive Plan Evaluation and Appraisal Report and ommended that an appropriate amendment be made to the ure Land Use Plan restoring the property back to residen- 1. Motion was seconded by Vice Chairman Wandelt and ried 7-0. After a short break, the meeting resumed at 9:40 P. M. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: S. E. 23rd Avenue (Applicatin I-l) Carmen S. Annunziato Phyllis Spano, Louise Thompson, Susie Sporysz, Frank Bork, Thomas C. & Lynn A. Thomas, A. S. & Katherine David, Larry & Phyllis Galsky, Alta Johnson, Frank & Edna Rella, Ray DeFrances, Dwane & Violet Folsom. S. Eo 23rd Avenue between F.E.C. Railroad and South Federal Highway (U.S. l) Request to rezone from C-3 Community Commercial to C-2 Neighborhood Commercial for the purpose of implementing the Comprehensive Plan Evaluation and Appraisal Report. PROJECT NAME: Lot 23 - Crestview (Application I-2) MIi%~UTES PLANNING & ZONING BOARD SPECIAL MEETING BOYSITON BEACH, FLORIDA NOVEMBER 30, 1987 AGENT: OWNER: LOCATION: DESCRIPTION: Carmen S. Annunziato R. M. Carrera & D. Asuncion 323 S.E. 23rd Avenue Request to rezone from R-3 Multiple-Family Dwelling to C-2 Neighborhood Commercial for the purpose of implementing the Comprehensive Plan Evaluation and Appraisal Report. PROJECT Ni~ME: AGENT: OWNER: LOCATION: DESCRIPTION: Lot 20 - Crestview (Application I-3) Carmen Annunziato Ahmad & Farita Naeen 2226 S.E. 3rd Street Request to rezone from C-3 Community Commercial to R-3 Multiple-Family Dwelling for the purpose of implementing the Comprehensive Plan Evaluation and Appraisal Report. Mr. Cannon stated that applications I-l, I-2 and I-3 were all related and explained t]/e rationale behind the applica- ticns at one presentation. All lots front on S.E. 23rd Avenue on the north and south side between U.S. 1 and F.E.C. tracks with the exception of the lots in the vicinity of the intersection of S.E. 23rd and U.S. 1. He stated that the rationale for cutting the line on the north side is due to the long narrow lot which is occupied by a hotel and the line was simply continued southward. The rationale for the rezoning IS due to the fact that there is a mixed residen- tial area to the north which consists of condominiums, rental apartments, duplexes and a few single family homes. This is a mixed and changing neighborhood and the Planning Department felt that intensity along S.E. 23rd Avenue should be decreased to preserve the value of the neighborhood. The lot depth is approximately 140' which does not allow for mu( buffer. S.E. 23rd Avenue is s narrow two-lane~ road with a traffic pattern of apprloximately 7,000 trips per day. It is a minor collector roa~ ~ather than an arterial road. C-3 zoning is usually found~ a3~ong arterial roads. The pre- dom.inant use in the area is residential. There are some off'ce buildings and a few vadant lots. Application I-2 congists of a doctor's office~ The property to the north of thi~ is an apartment buildi~g~ Application I-3 is one of the~series o~ three duplexe~ which appear to have b~en built at 9bout the same time. Th~ rationale for rezoning from commercial to residential iS ~hat if the property w~re deve- loped for commercial use there would be an intrusion of the residential neighborhood. ~There was further dzscusSzon. 14 - MINUTES PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER Phs (k ha ar~ of Sh~ pe~ yet th~ he~ the Sh~ out li~ tr[ has hi~ bec pe~ is] to keE wb git CaE wee son do wit an ex] C-~ pla the shc As Mr by C-: llis Spano spoke against the rezoning of Lot 23 C plication I-l). She lives at 333 S.E. 23sd Avenu lived there for 23 years. She has seen a change a causing it to become more comercial. On the ot the tracks all the land is used for office buildi ~0, 1987 ~estview and in the %er side ~elt the rezoning would decrease the value of he pro- ty. She also felt the traffic had increased in recent rs. Mr. Blanchette clarified that Ms. Spano was against rezoning primarily because she felt it would decrease property value. She pointed out that this was one of streets which ~o through to Military Trail, and she felt at some point in time this street would be widened. would like to get out of the area. Mr. Walshak pointed to Ms. Spano that it would be almost impossible to ut~- e her property as C-3. Mr. Blanchette stated this was e due to the width and size of the lot. DeFrances stated that he owns parcels 16 and 17. He houses on both his lots. The C-3 line is drawn around property. He questioned with~C-3 zoning all the way down of him, next to him and across from him, why his pro- ty should be zoned C-2. This put his property on an and. Mr. DeFrances~ pointed Out that C-3 zoning was next R-3 zoning. He questioned ~hy a small parcel had been C-3 when his largez parcel was to become C-2. Mr. unziato stated that problems created lines are drawn. The to keep lines as straight possible. Mr. ~ed that he could buy the cel next to his Perna) and this would e him a nice large parcel of C-3 zoned property. Mr. non explained why th~ boundary lines were drawn as they e. Mr. Ryder questioned why Mr. DeFrances had not done ething with the pEop~r.ty while it was zoned C-3. irman T~auger asked ~hat har~ the change i~ zoning would o Mr. DeFrances. Mr. DeFr~ances agazn pointed out that h C-3 zoning on three si~es~ of him, he would be left on island with the CL2 zoni~g.~f his property.. Mr. Cannon lained that a strip shoppin~ center would be allowed in as well as C-3 zoning. He asked how Mr. DeFra~ces ~ned to develop his property. Mr. DeFranc~es explained he would probably want to develop it as a str~p ping center. Mr. DeFZances requested that his property in zoned as C-3. no one else wished to speak in favor of or in opposition the proposed rezoning, THE PUBLIC HEARING WAS CLOSED. Ryder felt that adequate justification had been provided the Planning Department to rezone the area from C-3 to Mr. Ryder moved to approve the request to rezone S.E. - 15 - MINUTES - PLANNING & ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA NOVEMBER 30, 1987 23~ pos Ap~ Wan Ap re( Avenue (Application I-l) from C-3 to C-2 for the pur- of implementing the Comprehensive Plan Evaluation and raisal R~port. Motion was seconded by Vice Chairman delt and carried 7-0. lication I-2 s is the office of Dr. Carrera and Dr. Asuncion. The uest is to rezone from R-3 to C-2. Ms. Spano spoke in favgr of the request as she saw no reason not to grant the request. She felt the zoning would bring the property more in ~ine. with other zoning in the area. Mr. Naeem also sta~ed that he was in favor of granting the request. ! As Lo one else wished to speak for or against the rezoning re( ~est, THE PUBLIC HEARING WAS CLOSED. Mr Com it Dr. App . Huckle moved to approve the application to rezone lot ~rom R-3 to C-2 for the purpose of implementing the .nrehensive Plan Evaluation and Appraisal Report and find nonsistent with the adopted plan. Motion was seconded by Jackier and carried 7-0. [ication I-3 Cannon located the property described in Application on the map. Abm. R Naeen stated that he opposed the rezoning of his pro- per~y at 2226 S.E. 3rd Street as he had hoped t? buy the lot nex~ to his for the purpose of providing a nursing home. His property is next to Ms. Spano's property. He requested tha~ the property at least be changed to C-2. He stated tha~ he is very happy in Boynton Beach and wishes to stay her~. Mr. Annunziato stated that a nursing home is tied int~ certificates of need and are permitted only in commer- cially zoned areas. Group homes would be allowed in com- mer~ial zones as well as R-3 with conditional use. Mr. whi< sta~ spa( and Wal~ R-3. Mr s. Ryd~ pr o~ appz ~n clarified that he was speaking about a nursing home ~h would be tied into certificates of need. He also ed that he might want to use the building for office ~e for doctors. The building has about 2,800 square feet Mr. Naeen owns lots 18 and 19 as well as 20. Mr. hak pointed out that lots 18 and 19 are already zoned Mr. Naneen desired to have all three zoned C-2. Huckle felt that lot 20 should also be zoned R-3. Mr. r noted that this property is adjacent to residential erty and should be rezoned to R-3. Mrs. Huckle moved to ove the request to rezone from C-3 to R-3 for the put- -16 - MI~TES . PLANNING & ZONING BOARD SPECIAL MEETING BOSTON BEACH, FLORIDA NOVEMBER 30, 1987 po~e of implementing the Comprehensive Plan Evaluation and Appraisal Report. Motion was seconded by Mr. Ryder and carried 7-0. Deflinition of Family Mrs r e¢ ~t~ AD, Up¢ P. · Huckle stated that at the last meeting she had a uest that the City Planning Staff change the definition the word "family." She quoted from a dictionary which res that: "Family cannot consist of one person alone." ily has to be a group of related people, etc. She gested that the Planning Staff look again at the defini- of "family." OURNMENT a motion by Mrs. Huckle the meeting adjourned at 10:30 M. gy Cr essman ording Secretary Three tapes) - 17