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Minutes 08-25-87MINUTES OF SPECIAL MEETING OF TEE PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 25, 1987 AT 7:30 P. M. PRESENT Walter "Marty" Trauger, Chairman Robert Wandelt, Vice Chairman Harold Blanchette Marilyn Buckle Martin Jackier Simon Ryder Robert Walshak Bob Rousseau, Alternate Gary Lehnertz, Alternate Tim Cannon, Senior Planner Michael Rumpf, Assistant City Planner Chairman Trauger called the meeting to order at 7:30 P. M. and recognized the presence in the audience of Commissioner Ezell Kester; Commissioner Leonard Mann; Commissioner Dee Zibelli; Norman Gregory, former County Commissioner and Member of the Civil Service Board; Robert Foot and Virginia Foot, representing the Greater Boynton Beach Chamber of Commerce; Peter Cheney, City Manager; Pearl Wische, Member of the Community Appearance Board (CAB); and Laura Hubbard, Reporter, Sun Sentinel. Be introduced the members of the Board, the Planning Staff, and the Recording Secretary. MINUTES OF SPECIAL MEETING OF JULY 28, 1987 These minutes were to be reviewed by the Planning Staff. Chairman Trauger said they would be deferred from this meeting and taken up at the next regular meeting of the Board. The members unanimously agreed with this. MINUTES OF AUGUST 11, 1987 Mrs. Buckle moved, seconded by Vice Chairman Wandelt, to accept the minutes as presented. Motion carried 6-0. Chairman Trauger abstained from voting because he was not present at the meeting. COMMUNICATIONS None. eDistributed separately to members. (See minutes of 9/8/87) OLD BUSINESS None. - 1 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 NEW BUSINESS A. PUBLIC HEARINGS REZONING Applicant: Agent: Project Name: Owner: Location: Legal Description: Description: City of Boynton Beach Carmen S. Annunziato First Baptist Church Parking Lot (Application D) First Baptist Church of Boynton Beach 301 N. Seacrest Blvd4 The East 1/2 of Lot 127 and all of Lots 128 and 129, Block A, BOYNTON HILLS Request to rezone from R-lA Single Family Residential to C-2 Neighborhood Commercial for the purpose of implement- ing the Comprehensive Plan Evaluation and Appraisal Report Mr. Ryder observed there were several items on tonight's agenda that appeared before the BQard during the past few years. He trusted Mr. Cannon would bring the Board up-to- date on what has happened before. Mr. Cannon said he would give the history on the zoning of parcels which were pre- viously zoning requests. He explained that this was the second group of a series of 17 rezonings, and they were recommended in the Comprehensive ~lan's Evaluation and Appraisal (E&A) Report, which was adopted in December of 1986. All of the applications ar~ initiated by the City under State law. When the Land ~s~ Plan is changed, the City has one year in which to bring the zoning map into compliance with the Land Use Plan. Mr. Cannon said the land use designation had already been changed. It was the subject of h~arings held last summer. Last Fall, the Comprehensive Plan was advertised through ads in the newspapers, which are required by State law. Indivi- dual property owners were not notified at that time because virtually every property in the City was affected in one way or the cther by the Comprehensive Plan. Mr. Cannon advised that State law requires that when property is rezoned, the affected property owners be notified. The City has interpreted this to mean. the owners not only of the property that is the subject of ~he rezoning, but also all property owners within 400 feet o~f the property to be rezoned. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 Mr. Cannon said the Board and City Commission had already analyzed the land use and zoning issues as part of the adoption of the Comprehensive Plan. He emphasized that because the Comprehensive Plan and Land Use Plan were adopted, it did not mean they were fixed. If the Board had serious misgivings about rezoning a piece of property, they could recommend to the City Commission that the City initiate a land use amendment and rezoning application to bring it into what category they think is appropriate. Mr. Cannon announced that there will be another public hearing next week, before the City Commission, and the Commission will make the final decision as to whether the rezonings will be approved. Mr. Cannon explained. Mr. Cannon said the Comprehensive Plan recommended that the parking lot be brought into the same zoning category as the Baptist Church building itself. Be indicated the location of the church and the parking lot. To avoid splitting the parcel by a zoning district, this was recommended. Mr. Cannon stated ~hat the parcel has potential for use as an office building and some other type of commercial use. The underlying lan~ use has been changed to retail commercial. The application is to have this rezoned to C'2, as is the building itself. In the process of adopting the E&A report, a desire was expressed on the part of the Baptist Church, which also owns lots that Mr. Cannon pointed out, that other property owners bring ~heir prQperties into a Commercial zoning category. The E&A report recommended that the City not rezone the property, but %he City should consider an application to re- zone the property if they coul~ be tied together with the development or use of the church property. Mr. Cannon said there would have to be some type of unity of title, and he explained. Mr. Cannon thought it was worth noting that there may be some further analysis when the Boynton Beach Boulevard study is completed. There may be a recommendation to push that zoning district back along the entire frontage. In the face of the moratorium and possible report, Mr. Ryder asked if Mr. Cannon thought it was advisable that the Board act on this at this time. Mr. Cannon thought they were compelled by State law to act on the recommendation before December of 1987. He felt it was possible to table or postpone it. - 3 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 Chairman Trauger asked if anyone wished to speak in favor of the request. Clyde Worrell, 2668 S. W. 23rd Cranbrook Drive, Boynton Beach, Florida 33436, representing the First Baptist Church, wanted to go back to the original request. He said the original request dealt with the church property. Mr. Worrell showed the location of the parking lot on the over- lay and said Lots 136, 137, and 138 were also part of the church parking lot, and were part of their request to be rezoned to make it all one zoning. It was recommended that 3rd Court be abandoned, and Mr. Worrell explained. He added that the City staff, on several occasions, agreed that this was a dangerous intersection. Mr. Worrell recommended that it be abadoned. Mr. Worrell stated that First Baptist Church has acquired property at Woolbright Road to build a new church. He thought the highest and best use for this would be a C-1 zoning. The Church has gone so far as to negotiate with the parties in the neighborhood, where the Church would recommend that the corner could be zoned one zoning, whether it is C-2 or C-1. Mr. Worrell said the Church would agree to give it an exclusive listing to where one buyer could buy the property, if all the property owners would agree to sell to one buyer. He stated that the Church feels this would be the highest and best use of the property. Mr. Worrell told the Members the Church has gone to the point of agreeing with four other owners to offer a broker an exclusive listing. He was disappointed that they were just talking to that part of the parking lot, because they have almost 1/2 an acre of parking area that should be in the same category. Mr. Worrell recommended that they consider zoning the whole area if they can show it is their intent to have one buyer. Vice Chairman Wandelt pointed out that was not before the Board tonight. Mr. Ryder agreed and said they were obliged to give the parking area the same zoning the Church has (C-2). Mr. Worrell recommended that Lots 136, 137 and 138 be included. Mr. Wand~lt reiterated that was not the ques- tion tonight. There was disagreement. Chairman Trauger advised that the other lots should be presented by application to the Planning Department for their analysis. So they would be on record, Mr. Worrell wished to - 4 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 have Norman Gregory tell how far they have qone with the neighboring people as to the use they would recommend. Mr. Gregory would also speak on the rezoning of a lot. Vice Chairman Wandelt did not think that was necessary and adamantly stressed that was not what the Board was there for tonight. Mr. Worrell retorted that they were not going to rezone the whole area, but just that one lot. Mr. Walshak reoalled Mr. Cannon said the City was consider- ing rezoning one piece, so they could tis all of the church property into one zoning area. Mr. Cannon clarified that the church owns the three lots to the.north of 3rd Court, but they are not developed aS paved parking areas. Houses are on the lo:ts, and i% is a very informal parking lot. The City thought since the triangular piece is already paved and is used as the Church's parking lot, it should be in the same zoning. Mr. Walshak understood Mr. Cannon to say because the Church ownod both parcels, the City was tying them together in one zoning. He asked what the explanation would be for not tying the whole parcel together. Mr. Cannon responded that you would have an out parcel. Lot 135 is not owned by the Church. The recommendation in the E&A report was that this lot should be included in the rezoning application. There would have to be a unity of title tying that lot to the Church's property, so the owner could not be transferred independently. Mr. cannon ~hought it would have to take some initiative on the part of the Church. Mr. Walshak pointed out that Mr. WorreI1 had stated he had a unity of title proposal. Mr. Cannon advised that the Church would have to make an appli- cation. He informed Chairman Trauger that an application has not been submitted. It was Chairman Trauger's opinion that the Board should stick to the agenda. Vice Chairman Wandelt and Mr. Ryder agreed. There were further comments. Mr. Ryder reminded Mr. Worrell that he came before the City before on this. Mr. Worrell read a paragraph that stated it was recommended that the rezoning to commercial, beyond that which is occupied by the church parking lot, be conditioned upon some form of unity of title. That was what they were recommending. Chairman Trauger understood that the~City did not have the unity of title and said, until that time, the Board could not take action. Mr. Worroll just wanted it in the minutes that they were recommending this. He wondered if there was a time frame and inquired whether they would have to wait MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 another year. Mr. Cannon advised that they can sumbit an application any time they want to. Chairman Trauger asked if anyone else wished to speak in favor of the parking lot and not the rest of the property. Norman Gregory, 644 S. W. 3rd Avenue, stated that this was a public hearing. As such, he did not see how they could restrict the views of a citizen to express his opinion, as it related not only to this particular parcel but to that which was mentioned by Mr. Worrell. Although this was a recommen- dation by staff to be considered tonight, Mr. Gregory believed that it was within the power of the Board to extend and amend that recommendation to the City Commission. For the record, Mr. Gregory wished to elaborate on what had taken place during the last week. If Mr. Gregory was going on to the other lots, Chairman Trauger warned that he would have to rule him out of order because the parking lot was what was on the agenda for consideration in this part of the public hearing. Vice Chairman Wandelt and Mr. Ryder agreed with Chairman Trauger. Mr. Gregory wanted to go on the record to tell what their thinking is. Chairman Trauger advised what they wish to do would be in the application. As part of the public hearing, Mr. Gregory asked what the thinking of the staff was qhen they selected just that slight portion to be included in the zoning recommendation when, last year, the approved area was the topic and subject of rezoning. Mr. Ryder answered that it was an attempt to help the Church. Now they can use that for parking. Apparently, it is zoned R-lA, and they cannot use it. Mr. Gregory thought they would take the advice of the Board and come in with an application to give them an overall view of what they have in mind. As no one else wished to speak in favor of the request, Chairman Trauger asked if anyone wished to speak in opposi- tion to the request. There was no response. THE PUBLIC HEARING WAS CLOSED. Mr. Ryder moved to approve the request and to find that it is consistent with the Comprehensive Plan. Mrs. Huckle seconded the motion, and the motion carried 7-0. - 6 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 Applicant: Agent: Project Name: Owner: Location: Legal Description: Description: City of Boynton Beach Carmen S. Annunziato Hathaway Park (Application E-l) Thomas H. Hood, Darrell and Sue R. Hinson, Thompson Coal & Construction Company, John A. Weiss East side of Railroad Avenue and FEC tracks, between S. E. 8th Avenue, and S. E. 10th Avenue Lots 11 through 20, Block E, HATHAWAY PARK (Plat Book 13, Page 17) Request to rezone from C-3 Community Commercial to R-2 Single and Two Family Residential for the purpose of implementing the Comprehensive Plan Evaluation and Appraisal Report Mr. Cannon indicated the location of the property on the overlay and said that prior to 1979, the strip was zoned C-3. In 1979, the Comprehensive Plan recommended that it be zoned Residential. The intent of the recommendation was that by preventing any kind of commercial or industrial development along the strip, they would be protecting the residential neighborhood, which lies to the east. The residential neighborhood has moderate houses, most of which are in good repair, but some are starting to show siqns of deterioration. Mr. Cannon further explained. Mr. Cannon said the strip of lots the Members were looking at are undeveloped on the northern portion. He indicated the location of a single family house and a warehouse. Mr. Cannon believed the owners of a building and two lots brought an application an to rezone them to M-1 in 1981. The appli- cation was denied by the City Council. The warehouse build- ing has been allowed to continue as a non-conforming use s~nce 1975. Mr. Cannon elaborated. Mr. Cannon said there is some question as to whether even C-3 zoning is appropriate, and he added that some people tonight would tell the Board it is only good for industrial use. He pointed out that even C-3 zoning does not allow a warehouse or industrial use. Mr. Cannon said there may be some amendments to the uses allowed in a C-3 zoning district that will be suggested in Fall of this year, which will allow for wholesale uses as a conditional use in lots lying along the railroad tracks. He felt the Board Members may want to keep that in mind in their deliberations tonight. The application before the Board tonight came before the City Council in 1980. Even though the underlying land use was already changed to Medium Density Residential, the City - 7 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 Council at that time decided not to go ahead and rezone it from Commercial to Residential. Under State law, when you have a conflict between the Land Use Plan and the zoning, the Land Use Plan prevails. In effect, Mr. Cannon said it is already a nonconforming use. He repeated prior state- ments. Mr. Cannon informed the Board that the Planning Department ~as a~gued all along that it would be feasible to use these lots for some kind of residential development. They have seen duplex development further to the south, along the FEC tracks, on the west side of the tracks. Even most of them are rental properties, they appear to be in good condition. Mr. Cannon told Mrs. Huckle that Thompson Coal owns a ware- house and two vacant lots to the north. The remainder of the lots in the strip are owned by people who own property on S. E. 3rd Street. There was discussion about the lots and the warehouse. Mr. Bla~chette asked if the only access to the property was along the railroad. Mr. Cannon answered that there is a 30 foot road right-of-way running along the railroad. Mr. Blanchet~e asked if the Planning Department felt that was conducive to good planning for residential developments. Mr. Blan~hette pointed out that all they have is 30 feet. Mr. Cannon responded that it would be possible to put a paved road in hhere, but you may not be able to put a side- walk there. The City has paved roads in 30 foot rights-of- way. Mr. Cannon said it may be desirable to acquire addi- tional rights-of,way. Mr. Blanchette commented that the lots are already small. Chairman Trauger asked if anyone wished to speak in favor of the request. There was no response. Chairman Trauger asked if anyone wished to speak in opposition to the request. John Weiss, 306 S. E. 10th Avenue, one of the property owners, owns the property next to Gulfstream Ceramics. He has a single family home and a 24x30 garage. Mr. Weiss exclaimed that there is not even an alley to go through there. There Ks approximately 25 feet from the railroad track to the property line of the people. Mr. Weiss told of ceilings and his driveway being cracked by the trains going by. He expressed that rezoninq to R-2 was ridiculous and said they have been here three-times on the same subject. Mr. Weiss bought his place in 1959, has paid commercial taxes on commercial property for 28 years, and Ks grand- fathered in under M-1. There was applause. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 Mr. Weiss informed Chairman Trauger that he is right next door to Mr. Thompson's property on the railroad. The properties face S. E. 10th Avenue. Janet Folsom, has commercial property at 1213 S. E. 2nd Street, and was greatly opposed to changing and evaluating property against the owners' wishes. She stated it was robbing owners of their assets and perhaps their livelihood. Ms. Folsom said S. E. 2nd Street runs north of 12th Avenue along the tracks and ends abruptly at 10th Avenue. With a slight jog west, it becomes a narrow alley known as Railroad Avenue, barely 20 feet from the tracks themselves. It is paved for only 100 feet to serve an attractive brick office and storage building. After those 100 feet, the Avenue exists only on the map, running north to an equally no~- existent 8th Avenue that is supposed to exit east to 3rd Street. Neither have ever been paved. Ms. Folsom said the nine small lots could not meet today's residential code. They would have no frontage except the narrow Railroad Avenue, as~ their only outlook would be over the tracks to the backs of the work shops on the other side. To Ms. Folsom, a home there would be depressing and dehuman- izing. The need for housisg in this area is not so desperate as to risk that quality building, since there are still empty lots available to the east. Ms. Folsom suspected the lots had not been built on, as some homes have become so unsightly and rubbish strewn as to degrade the whole neighborhood. In contrast, Ms. Folsom said the commercial properties furnish a helpful noise buffer to the railroad, are important to the community, productive, well cared for, and safe. She urged the Board to oppose the rezoning. Darrell Hinson, 915 $. E. 3rd Street, pointed to Lot 11, 1/2 of Lot 13, Lots 14, 15 and 16, which he owns, and said he has lived there for over 20 years. If you ride down S. E. 3rd Street, you will see garbage and wrecked cars. If they zone it to Residential, it will end up like the southend of Lake Worth. Mr. ~inson wondered who would live there, and he asked Mr. Cannon if he would live there. Mr. Hinson informed Mr. Ryder that he is next door to a house that is partially dismantled, and the house has been there for five or six years dismantled. There was discussion about Codes Enforcement. Mr. Hinson said he went to Mr. Howell on April 1st, and he guessed they were working on it. Mr. Hinson stressed that this was what he is living next to. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 Mr. Hinson told the Board to zone all of it Commercial, even S. E. 3rd Street. Even though the lots Mr. Hinson owns are C-3, Mr. Ryder said they can be developed as single family homes. Mr. Hinson responded that he did not want to develop the lots. Mr. Ryder asked if anyone had approached him about developing them as residential. Mr. Hinson answered, "No", and he questioned who would finance them. Mr. Binson added that no one wants to live there. After being informed by Mr. Binson that he has owned the property since 1964, Mrs. Huckle asked if he had originally planned to develop the lots into commercial or industrial uses. Mr. Binson had no plans to develop them. Be bought them because he lived on S. E. 3rd Street, and they were directly behind him. Mr. Ryder felt that was an interesting point, since they were zoned M-1 at that time. He asked if there was no time that Mr. Binson intended to develop the entire strip under M-1. Mr. Binson answered, "No," and said he would like to sell and leave because he felt the whole south end of the City was going bad. He explained. Mrs. Buckle asked if the houses on the north and south of Mr. Hinson were*overoccupied or rentals. Mr. Hinson replied that the property north of him belongs to Mr. Hood, and it is rental property. The two houses south of him are vacant. Mrs. Buckle queried whether any houses near Mr. Binson are owner occupied. Mr. Hinson answered that Mr. ~ood lives in part of his house. Mrs. Buckle inquired whether it is more predominantly a rental neighborhood than owner occupied. Mr. ~inson indicated vacant lots on the overlay and said there are only five houses there. He thought only three houses on that street were occupied. Mr. Binson reiterated that he was opposed to Residential. Roger Barr, 1241 S. W. 27th Avenue, President of Gulfstream Ceramics, said he leases a majority of the building in ques- tion. Bis wife is Vice President of Thompson Coal & Construc- tion Company, which owns the building and lots, and Mr. Barr also represented them. At the time they purchased the building and lots, Mr. Barr said it was zoned M-1. They purchased the building and lots to expand their business as necessary. One year later, the City changed the zoning from M-1 to C-3 and never gave them a notice. They did not even know about it until some time later. Be elaborated. Mr. Barr stated that Carmen Annunziato, Director of Planning, said it should be R-2, but Mr. Annunziato would *Should be owner occupied. See 9/8/87 - 10 - MINUTES PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 not want to live there. He showed the Members photographs of the area. Mr. Barr said the only reason he had to reroof his building was because it shook so much, there were cracks in the roof produced by the railroad track. He elaborated. Mr. Barr said his buildings have sprinkler systems, are land- scaped and look 99% better than any of the houses in the area. In 1981, he proposed to build a building on two lots (which he indicated on the overlay). Mr. Barr showed the Building Department a plan of a building from which he was going to sell school art supplies. The City said it was a nice building until he got to Mr. Annunziato, who said he did not like the building and wanted to see a house. Mr. Barr referred to a Supreme Court ruling, which said if a City limits the land use from what you purchased it at, they either have to buy the land from you or reimburse you for your losses. If the City chooses to rezone'this to R-2, he said the City would either have to buy the land or reimburse the owners for everything they have lost. Mr. Walshak advised that was not what the Supreme Court said, and it was not true. He advised that the Supreme Court ruling only applied to a municipality in California and had nothing to do with rezoning of property. Mr. Ryder said the Board was told that was a specific case and did not apply to them. Mr. Barr said there is a lot of property that he has been paying a lot of taxes on. Now the Board was going to tell him he cannot use it. He tried to build a C-3 building, but Mr. Annunziato refused it. Mrs. Huckle asked how he would access his new building. Mr. Barr replied that S. E. 10th Avenue goes to the railroad track and ends. Along the front of his existing building is a paved right-of-way. From there to Mr. Hinson's property, it is shellrock. Mrs. Huckle asked if Mr. Barr was saying his new building would meet City Code. He repeated prior statements. Mr. Ryder interrupted to say that Mr. Barr's statement that Mr. Annunziato was the only one that would not approve his building did not make sense. Mr. Barr emphasized that Mr. Annunziato said it did not conform to his plan and, therefore, he was not going to allow it. There was disagreement. Mr. Cannon clarified that the Comprehensive Plan was not Mr. Annunziato's plan. It was the plan that was adopted by the City Commission. The reason the Planning Department could not accept the application was because, according to State law, where there is a conflict between the Comprehensive Plan and the zoning, the Comprehensive Plan has to prevail. Mr. Annunziato was following the law. - 11 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 Mr. Barr asked where the property owners r~ghts were under C-3. The City Commission passed C-3. They brought it back before the City Commission, and they passed C-3 again. It has been before the City Commission three times, and they said it should be Commercial property. The City keeps constantly bringing it back to get it zoned R-2. Mr. Barr stressed that it is not suitable in any respect for R-2. There is no respect under which the Board could justify putting R-2 there. He had more pictures, if the Board wanted to see them. After looking at the pictures, Chairman Trauger recommended that Mr. Barr give them to Commissioner zibelli for Codes Enforcement. If the request was denied by the City Commission, Mr. Walshak asked if Mr. Barr would be able to build his build- ing under C-3 zoning. Mr. Cannon replied that the City Commission would have to initiate an amendment to the Comprehensive Plan to allow a commercial land use plan. In 1980, When the City Commission decided to keep it C-3, they should probably have initiated a Land Use Amendment at that point to bring the Land Use Plan back in conformance with the zoning. That would be the City Commission's solution if they chose to deny rezoning. Mr. Walshak agreed with the people who had appeared before the Board, that the property is zoned properly now. Resi- dential zoning there is absolutely meaningless. The right- of-way would be undersized. The lots are landlocked, and they are up against the railroad tracks. Mr. Walshak did not think Residential in that particular area would be conducive in the City. Mr. Ryder called attention to 2nd Street, below 10th Avenue, and said it is all Commercial and developed Commercial. He felt they were faced with the suitability of suddenly coming up with an R-2. Vice Chairman Wandelt did not think the area should even be C-3. He thought it should be M-1. Mr. Barr agreed, and called attention to the fact that the lots are facing M-1. Mr. Cannon repeated his prior statement that the City is going to bring in wholesale and storage uses as a Conditional Use in the zoning district where lots abut ~he railroad track and there is no arterial. That might be a ~omDromise solution. Vice Chairman Wandelt c6mmented tha% C-3 authorizes office supply stores. 12 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 After further comments, Mr. Ryder stated that the Comprehen- sive Plan needs amendment. Everytime it is brought up, Mr. Barr said, in each case, the P&Z Board and City Commission have said it would be better Commercial than Residential. There was more discussion. Michael Brinkman, 957 Isles Road, owns Lot 4, Bowers Park, which is across the tracks, was here before, and he did not want to lose his M-1 zoning. Mr. Brinkman did not under- stand why the City kept picking on this one strip and isolating this one section. He wished to go on record as opposing the rezoning. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Vice Chairman Wandelt visited the area several times and could not see any way of it ever being a residential area. Mr. Blanchette felt the same way and thought it was a poor solution by the Planning Department. He expressed that there is probably a better solution down the road. Mrs. Huckle thought they should make note of the fact that Mrs. Betty Thompson communicated to the Board and Commission that she owns property there and is very opposed to the rezoning of her property. Chairman Trauger was totally amazed at the condition of the lots and the junk that is scattered through that area. He alluded to Codes Enforcement. Since this came up several years ago, and because there is no possibility of developing the undeveloped area, Mr. Ryder said if they go along this way it will continue and get worse. He thought a practical solution would be to provide for the possibility of amending the Comprehensive Plan so the area can be developed. From what Chairman Trauger listened to, Chairman Trauger believed there should be a denial of the request and a recommendation to the City Commission for an application for a change to the Comprehensive Plan. The zoning should be left C-3 with the consideration of Commercial along the rail- road to be landlocked. That was about the only solution he could see. Vice Chairman Wandelt thought it should be M-1. Mr. Cannon thought there would be an opportunity for the Board to consider an Ordinance later on in the year that will allow wholesale uses and storage at this location without allowing manufacturing, repair garages, and some of the other blighting uses that accompany manufacturing districts. 13 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 If they recommend that subsequently Huckle agreed. that it remain C-3, Mr. Ryder thought they could see some development. Mrs. Chairman Trauger felt they should recommend an amendment to the Comprehensive Plan. Mr. Walshak agreed and wanted to somehow see that Mr. Barr's application gets to the City Commission because it sounded like a good idea to him. He thought the Board should cooperate with Mr. Barr. If they leave it at C-3 and support it with the Comprehensive Plan, Chairman Trauger said there would be no reason why Mr. Barr could sot build the building. Mr. Ryder moved to DENY the request with the understanding that it will be necessary to amend the Comprehensive Plan. Vice Chairman Wandelt seconded the motion. *(Chairman Trauger advised that the motion should include that the Board finds it is not consistent with the Comprehensive Plan. Both Mr. Ryder and Vice Chairman Wandelt agreed this should be added to the motion. Chairman Trauger repeated the motion with the addition, and th~ motion carried 7-0. There was applause. Applicant: Agent: 3. Project Name: Owner: Location: Legal Description: Description: City of Boynton Beach Carmen S. Annunziato Gulfstream Lumber Out Parcels and Adjacent Properties (Application E-2) Antonia Kriegsmann, Adrien and Dilly A. Jimenez, Hildegard I. Crockett, John Weihmueller, Gulfstream Lumber Co., M. E. & Julia V. Romano, Clifford A. Littlejohn, Herbert T. & Joyce M. Shackleton East side of S. E. 2nd Street, east and west s~des of S. E. 3rd Street, south of S. E. 12th Avenue Lots 7 ~hrough 23, Central Park Addition to Boynton Beach Request to rezone from R-2 Single and Two Family Riesidential to C-3 Community Commerciial for the purpose of implementing the Compirehensive Plan Evaluation and AppraiSal Report Mr. Cannon asked the Members to recall that about 18 months to two years ago, Gulfstream Lumber requested that the parcels they own be rezoned to C-3, which would allow them *DF~I.~:L'k~D per Minutes of 9/8/87. - 14 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 to expand into the lots and use them as a storage area for their lumber yard. At that time, the Planning Department recommended that the rezoning application be denied since doing so would result in a mixture of residential and commercial uses. Mr. Cannon indicated where there are a number of single family homes and duplexes. In the E&A report, the City recommended that the entire area south of 12th Avenue be rezoned to Commercial so that the whole area could eventually be redeveloped for Commercial uses. Doing so would allow Gulfstream Lumber to apply for a conditional use to expand thei~ lumber yard and would laundromat and convenience store. explained. Mr. Cannon further If the Board votes to deny the application and keep it residential, Mr. Cannon said they might consider qualifying it by recommending that the entirety of the lots on U. $. 1 be brought into a Commercial zoning district. He explained to Mr. Walshak that the lots on U. $. 1 are split. The majority of the lots are in a Commercial zoning district. The back 50 feet of each of the lots were in Residential. Mr. Ryder asked if there was an application at one time to close 2nd Street. At the time Gulfstream Lumber applied for rezoning, Mr. Cannon recalled they also applied to have a portion of 2nd Street abandoned. This was strictly an application for rezoning, and the application for abandonment would have to be initiated again. Mrs. Huckle asked if S. E. 3rd Street runs between the two parcels. Mr. Cannon answered affirmatively. ~rs. Huckle asked if the abandonment of S. E. 3rd Street has not been a part of their consideration in the overall scope of the building of the property. Mr. Cannon replied that the abandonment of those streets was not addressed in the E&A report. That was something Gulfstream Lumber would have to initiate. Chairman Trauger was trying to recall why it was not changed to Commercial when Gulfstream previously appeared before the Board. Mr. Ryder reminded him that there were residences on the other side. Mrs. Huckle thought it was recommended that the whole area be looked at the next time they consider the Comprehensive Plan instead of piecemeal. There was discussion. - 15 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 Chairman Trauger asked if anyone wished to speak in opposi- tion to the proposal. Howard Nicholson, 1121 S. E. 4th Street, said his condominium is on S. E. 12th Avenue. If Gulfstream gets the right to put their lumberyard there, they will not be able to open the windows because of the dust and noise of the trucks. There is another two story, eight family apartment close by and a lot of small houses around there. Mr. Nicholson said he has lived there for 14 years. He alluded to garbage at Lil' General. Mr. Nicholson was opposed to the rezoning. Chairman Trauger asked if anyone wished to speak in favor of the request. Bob Allen, General Manager of Gulfstream Lumber, thought it was a great idea. He wanted to clear the air of a couple of things they proposed a couple of years ago. He pointed to the property Gulfstream owns. Two years ago, they asked for rezoning of five lots only and the abandonment of a street. They did not attempt to have other property rezoned. Mr. Allen also wanted to make it clear that they acquired property in that area because it came on the market, or they were approached by the homeowners of the property. They have never tried to buy property from somebody in a neighborhood unless they were approached first. Mr. Allen thought it made good sense for the property to be rezoned for C-3 Commercial and for a Conditional Use for lumber stores to utilize. Two years ago, they had plans prepared that he thought would be accepted to the Beautifi- cation Committee. Mr. Allen hoped the Board would consider what the City Planner recommended to them. In response to a question from Mrs. Huckle, Mr. Allen showed on the overlay the property Gulfstream owns. Mrs. Huckle asked if some lots had private residences on them. Mr. Allen indicated the lots with residences. Mrs. Huckle asked if Gulfstream has made any offers on the other properties that are not theirs. Mr. Allen pointed to a property on the over- lay and said they have had some negotiations with that owner. Chairman Trauger asked if anyone else wished to speak in favor or opposition to the proposal. There was no response. THE PUBLIC HEARING WAS CLOSED. Mrs. Huckle wondered if any other owners listed on the agenda were in the audience. Mr. M. E. Romano was present but did - 16 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 not wish to speak. Mr. Cannon confirmed that all of the people had been notified. Mrs. Huckle found it interesting that there was so little input from the property owners. Mr. Ryder moved to approve the request and to find it consistent with the Comprehensive Plan. Mrs. Huckle seconded the motion, and the motion carried 7-0. Applicant: Agent: Project Name: Owner: Location: Legal Description: Description: City of Boynton Beach Carmen S. Annunziato Golf Road and Seacrest Boulevard N. W. corner (Application F) Rosanne L. Patrick and Grace Schraut N. W. corner of Golf Road and Seacrest Boulevard Lots 43, 44, and 45, Westchester Heights (less return curve area in Lot 45, as in O.R. Book 2772, p. 1252) Request to rezone from R-2 Single and Two Family Residential to C-1 Office and Professional Commercial for the purpose of implementing the Evaluation and Appraisal Report From a zoning standpoint, Mr. Cannon said the three lots that are the subject of this application are lots that were left over when the Ridge Pointe Villas PUD was created. The PUD was developed, and a high CBS wall was put around the development, which resulted in the creation of a very isolated parcel of land located at a minor intersection. It seemed to the Planning Department that since the other three corners were zoned for C-1 uses that this also is a suitable location for C-1 uses. Right now, the two lots on the corner are vacant. A small right-of-way separates the two lots from the day care center. Chairman Trauger asked if all three lots are under the same ownership. Mr. Cannon replied that the day care center is under one ownership, and the other lot is owned by one person. The Planning Department's recommendation was qualified by stating that any development on the three lots should be limited to one story buildings. If there were two story office buildings there, they could look down into the residences of Ridge Pointe villas. Mr. Cannon informed the Members that the height of the buildings there would be limited because it is in the Comprehensive Plan. If the height was any higher, Chairman Trauger said the view would be obstructed, and it is a dangerous corner. 17 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 Vice Chairman Wandelt asked if it would be possible for the Board to restrict the buildings to one story. Mr. Cannon replied that the restriction is already in the Comprehensive Plan. C-! zoning allows two story buildings, but it is restricted to one story in the Comprehensive Plan, which supersedes the zoning regulations. That did not seem right to Mrs. Huckle. Mr. Cannon discussed it with Mr. Annunziato before, and Mr. Cannon added that his viewpoint is that you can use the Compre- hensive Plan to fine tune development regulations. Be explained and said the County already does that. Mr. Cannon further explained. Mrs. Buckle was sure that before the city Commission passes it, they will have the legal opinion of the City Attorney. From read~ng the Local Government Compre- hensive Planning Act, it did not appear to Mr. Cannon that there~was anything in the Act that prohibits local govern- ments from making v~ry specific recommendations about specific parcels. Chairman Trauger asked if anyone wished to speak in favor of the proposal. Robert Foot,. 2400 S. W. 1st Street, showed the location of his property on the overlay. A year ago when this issue came up, he said they were not notified. As members of the Chamber of Commerce, they were advised this was up for consideration tonight. At that time, the Chamber monitored what the P&Z Board did to be certain there were "no hooks" in the action and that any development of the property would be C-1 as oppposed to duplex properties. Mr. Foot was concerned about the nursery school. As a neighbor, it is quiet at night. In terms of long term deve- lopment of his neighborhood, Mr. Foot said professional office buildings on the piece to the east of the right-of- way would be fine. When the Board rezones the nursery school property itself to C-l, he said it would basically grandfather in the school's use of that property, which he understood was now a non-conforming use. There would be limitations on their expanding the use of that lot. Mr. Foot preferred not to see the nursery school expand on that lot, particularly with any abandonment of the r~ght-of- way that is there, and wanted to see some control maintained in that aspect of it. If that could be done by maintaining the existing zoning on that one lot, he thought it would benefit the neighborhood. At the same time, Mr. Foot - 18 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 realized the Board was working with spot zoning, and he explained. Mr. Foot supported the rezoning of the lots between Seacrest and the right-of-way. Mr. Ryder called attention to the fact that the roadway, which divides the two sections, was not under consideration. Mr. Foot. Mr. Foot presumed that the Board controlled the access to the property, and he asked that they keep it away from the intersection. As the Board considered the piece diagonally across the corner, Mr. Foot recalled that they were Concerned about ingress and egress. For this piece to face on Seacrest is not enough to provide egress and ingress, and he showed on the overlay where it would make sense to have ingress and egress. Chairman Trauger asked if there was any way of protecting that parcel from the expansion of the nursery school. Mr. Cannon answered that day care centers are a conditional use. in both the R-2 zoning that exists there and also in C-1 zoning. I.f the nursery school wanted to expand, they would have to go back to the conditional use procedure, which would require notification to all of the property owners in the area. If C-1 zoning meant that the highest and best use of the property should be a professional office building, Mr. Foot said the nelghborhood would be happy to see it go that way. Chairman Trauger asked if anyone else wished to speak either in favor or in opposition to the request. Hugh Robinson, 9-A Ridgepointe Drive, President of the Association at Ridgepointe, said Ridgepointe does not want anything that will overlook their area. They definitely do not want a convenience store, gas station, or anything of that sort. Mr. Robinson said Ridgepointe is violently opposed to it. Therefore, they would rather see the zoning stay R-2 because it would eliminate future problems. Mr. Robinson showed how close their wall is and said all of their buildings looking in a certain direction would be involved. The residents did want better conditions on the lot. Mr. Robinson said 30 people from Ridgepointe were represented tonight, and they are concerned. Mr. Ryder informed him that R-2 permits two story buildings. Under c-l, they would not get that. Mr. Robinson thought that was a good point. Mrs. Huckle advised that C-1 also would not allow convenience - 19 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 stores or gas stations. It would be offices and professional buildings. C-1 is a very protective use. In the event it would be a one story office building, Vice Chairman Wandelt asked if Mr. Robinson would still be opposed to the request. Mr. Robinson thought a doctor's office or something on that order would be advantageous. The nursery school was there before Ridgepointe. There were further comments. Jerry Bauer, Secretary, Ridge Pointe Woods, 23 Ridge Pointe Drive, asked about an ambulance company. She said that is a concern because ambulances are very noisy. Chairman Trauger replied that the ambulance company is already at one location. Ms. Bauer argued that they could buy the two lots and expand on that corner. Vice Chairman Wandelt advised that it is an ambulance route. Ms. Bauer retorted that it would be a lot noisier for the ambulances to go screeching out on their corner than to come down 23rd. Chairman Trauger did not think she had to worry about that. Ms. Bauer did not think 23rd was a "minor" intersection, as Mr. Cannon said. Mr. Cannon explained that neither Seacrest nor Golf Road are arterials. Ms. Bauer considers 23rd a very busy street, and she did not see why the Police do not monitor it. If they build a professional building on the two lots, it is not too much of a distance from the corner of Seacrest. Ms. Bauer wondered how people will make a left turn onto 23rd and how they will turn the corner when it is backed up with people trying to get into the lot. Mr. Cannon told Ms. Bauer those questions would have to be addressed at the time of site plan approval, and he explained. Ms. Bauer asked more questions, which were answered by Mr. Cannon. Ms. Bauer asked if the land was under consideration for development. Mr. Ryder answered that the Board did not know. They will know when a site plan comes through. Clifford Painter, Vice President, Association at Ridqepointe, 22-B Ridqepointe Drive, said Ms. Bauer brought up his concern about traffic. If a tenant is in the area with a lot of customers, it will cause a lot of problems. Sometimes doctors' offices have people parked all over the grass. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. - 20 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 After giving examples about traffic, Mr. Ryder said the question was to what use it would be put. Under C-l, he did not see traffic becoming a consideration. What is happening across the road will get worse. Someone asked what is coming. Mr. Cannon replied that a two story office building will be on the southeast corner. Mr. Blanchette asked if a turning lane northbound on Sea- crest will be required at that time and also a turning lane coming south on the property they were discussing. Vice Chairman Wandelt understood it was a County Road. Mr. Cannon advised that it would have to come up at the time of the site plan. He elaborated. Mr. Blanchette said that anyone that lives in that section knows they have a problem trying to make a southbound turn off of 23rd. There was more discussion about traffic. Mr. Cannon said they are both County thoroughfares, a~d he expounded. There was further discussion about traffic. Mr. Walshak did not know what the Board could do, other than discuss it. He said they could suggest to the City Commission that they forward a letter to the County Commission, as it is a bad situation. Mr. Ryder thought that would be appropriate when they get a site plan. There was more discussion about traffic. Mrs. Huckle moved to approve the request with the limitation of one story buildings for the purpose of implementing the E&A Report and finding it consistent with the Comprehensive Land Use Plan. Mr. Jackier seconded the motion, and the motion carried 7-0. 5. Applicant: Agent: Project Name: Owner: Legal Description: Description: City of Boynton Beach Carmen S. Annunziato Old Dixie Highway Frontage (Application G) Jack Pica, Langston Bay Co. of Fla., Inc., Spada Land Company, Kay Cee Association of Boynton Beach, Inc. Gulfstream Associates, Ltd. Lots 37, 38, 39, 41, 42, 48 and 49, A~ended Plat of Trade Wind Estates Request to rezone from C-3 Community Commercial to C-4 General Commercial for the purpose of implementing the Compre- hensive Plan Evaluation and Appraisal Report - 21 - MINUTES . PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 Mr. Cannon said there has been piecemeal annexation in these areas over the years. Up unil the E&A report, he did not think much thought was ever given to the zoning in that area. Mr. Cannon explained, then said they would see more annexation of lots that front on Old Dixie Highway, but which do not run through to U. S. 1. He said they found the land uses tend to he hea~ily in favor of retail and office use on U. S. 1. Old Dixie Highway is mostly a mixture of storage and repair.garages and is probably not an appropriate loca- tion for C-3 Zoning, because C-3 is intended to be a highly visible commercial zoning district oriented toward retail and office uses. Old Dixie H~ghway is a two lane road, pro- b~bly only has'about 1,00D ~rf~s per day, and is not ver~ visible f~om any major th0ro~ghfa~e. About two years ago, Mr. Can.non said there was an applica- tion to rezone a lot owne~ by Spada Concrete. Spada wanted to zone the lot M-1. At that time, the question came up as to whether this strip of lots should be zoned M-l, C-3, or C-4. In doing the analysis that went into the E&A report, it seemed to Mr. Cannon and Mr. Annunziato that it would be better not to establish another M-1 zoning district east of 1-95, since the land use patterns in the area east of 1-95 tend to be more intimate. There are smaller lots, and land uses are closer together. Mr. Cannon said C-4 would allow repair garages and a few other heavy commercial uses, which should be sufficient to develop that strip of lots along Old Dixie Highway. He showed on the overlay where an owner will put a boat parts store, the lot of Langston Bag Co., the lot that was occupied by Spada Concrete, and the Knights of Columbus hall. Mr. Cannon showed Mr. Ryder the location of Gulfstream Mobile Home Park. Mr. Ryder questioned why that should go to C-4. Mr. Cannon thought the mobile home park would be redeveloped eventually as a commercial use. It is for sale. Mr. Cannon informed Mr. Ryder that the entire row of platted lots along Old Dixie Highway will be rezoned to C-4. He added that all mobile home parks are non-conforming uses in the City. Vice Chairman Wandelt asked if the Langston Bag Company is now C-3 and will have to be changed to C, 4. Langston Bag owns a lot that fronts on U. S. 1 and a lot that fronts on Old Dixie Highway. The lot that fronts on Old Dixie High- way will be changed to C-4. Vice chairman Wandelt noted - 22 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 it was not indicated on the map. Mr. Cannon indicated the Langston Bag property and further explained. In answer to a question by Chairman Trauger, Mr. Cannon said as lots are annexed into the City, the ones in the County will be zoned C-4. The ones fronting on U. S. 1, which are in the County, will be placed in the C-3 zoning category. Chairman Trauger asked if anyone in the audience wished to speak in favor of the rezoning. There was no response. Chairman Trauger asked if anyone wished to speak in opposi- tion to the request. Richard Ehrhardt, 3595 Gibbs Road, observed that Gibbs Road was not on the map, but said it is near Spada's property. He knew the property had been cleared, but he said they had a noise, pollution, and traffic problem there for about a year. Mr. Ehrhardt told about the problems caused by Spada and did not want to see the property return to something like that. That was under C-3. Chairman Trauger thought Mr. Ehrhardt could thank the City Manager for getting the lot cleaned up. There was discussion. Mr. Cannon informed Mr. Blanchette that Spada Concrete established their operation~egally. Action by the Codes Enforcement Board removed them from that property. He told Mr. Ehrhardt that C-4 zoning does not allow for contractors storage. Mr. Ehrhardt did not want the property to revert back to something like Spada had. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. Mrs. Huckle thought it was unusual that there were not more property owners to speak for or against the request. That being the case, it seemed to her the project would be a good one to rezone. Mrs. Huckle moved to approve the request and to find that it is consistent with the Comprehensive Plan. Dr. Jackier seconded the motion, and the motion carried 6-1. Mr. Blanchette voted against the motion. NEXT MEETING Both Vice Chairman Wandelt and Dr. Jackier announced that they would be out of town for the next meeting and the meeting of September 8th. *Should be illeqally. See 9/8/87 Minutes 23 - MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1987 MEDIANS Mrs. Huckle asked if the City agreed to maintain medians just down to Sun Wah Restaurant. She drove to Gulfstream and said the medians are in a "mess". From Sun Wah north, they are "gorgeous". City Manager Cheney said the City probably maintains them down to Sun Wah. FENCE AT THE GROVE (FORMERLY ZILL'S) Mrs. Buckle recalled that at a meeting she attended, they talked about the different properties and how they have developed. At the last Commission meeting, she understood t~e fence at The Grove was to be repaired. Children were biking through there. It seemed to Mrs. Huckle like it was a liability for someone. City Manager Cheney said this did not come up at a Commission meeting. Through Codes Enforcement, he said the City has tried to get the property owner to resolve that problem. The City has a bond. The developer is to come back in with another proposal and new plans for that property. The City is trying to get it taken care of. There was discussion. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 9:45 P. M. (Three Tapes) - 24 -