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Minutes 06-23-86MINUTES OF THE SPECIAL PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 23, 1986 AT 7:30 P. M. PRESENT Walter "Marty" Trauger, Chairman Garry Winter, vice Chairman George deLong Marilyn Huckle John Pagliarulo Simon Ryder Robert Wandelt William Schultz, Alternate Carmen Annunziato, Planning Director Tim Cannon, Senior City Planner ABSENT Norman Gregory, Alternate Chairman Trauger called the meeting to order at 7:34 P. M. and acknowledged the presence in the audience of Mayor Nick Cassandra; vice Mayor Carl zimmerman; Councilman Ezell Hester; Councilwoman Dee zibelli; Peter L. Cheney, City Manager; Owen Anderson, Executive Vice President, and William Martin, President,'Greater Boynton Beach Chamber of Commerce. Chairman Trauger then introduced the Board Members, Mr. Annunziato, Mr. Cannon, the Recording Secretary, and Mary April, Court Reporter for Martin Perry, Esq. READING AND APPROVAL OF MINUTES The Members concurred with Chairman Trauger's suggestion that they forego the approval of the minutes at this time. ANNOUNCEMENTS city Council Hearing - July 2, 1986 Mr. Cannon announced that the city Council hearing on the Evaluation and Appraisal Report will be held July 2, 1986 at 7:30 P. M. in Council Chambers. Local Government Comprehensive Planning and Land Development Regulation Act Mr. Cannon informed the Members they received a copy of an Amendment to the Local Government Comprehensive Planning and Land DevelOpment Regulation Act, called the Glitch Bill, which is intended to modify somewhat the language between - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 the 1985 management legislation. As he had not read the Act, Mr. Cannon did not know what it contained but was sure if the Members had questions, they could be answered by the next meeting. Chairman Trauger said they would act upon it at the next meeting. Mr. deLong commented that the Amendment was 100 pages long. The Board has had two volumes to look through, laborious minutes, and for something as important as the Comprehensive Plan, especially in view of the fact that they were having another public hearing tonight, he wanted time to digest everything so that he could intelligently vote. Mr. deLong did not see how they could have everything ready for a July 2nd Council Meeting and thought the Members needed more time. He felt it was important to the people of Boynton Beach. Mr. deLong did not feel the Members should be stampeded or rushed into a July 2nd meeting because he did not think the State had imposed that kind of time limit on them. If he was wrong, he wished to be told. Mr. Cannon explained that the problem they had was that the Council would have to hold a hearing on July 2nd, since that date had already been advertised. The Planning and zoning Board would have to make a recommendation to the city Council prior to that meeting. If the public hearing is held by the City Council on July 2nd and there is no finding as of then by the Planning and zoning Board, Mr. deLong asked if it would not simply be continued. They would meet the requirements of the ad. Mr. deLong thought the Members could all agree that a tremendous amount had been forced upon them with eight meetings, voluminous things to look at, and the whole City involved. He did not want to be rushed into it, especially when they dumped 100 more pages on him tonight. Mr. Annunziato said there was no desire to rush the Board into anything. If the Board is not ready to make a recommen- dation to Council, so be it. Council can convene on the 2nd and announce the time and place where they will continue the public hearing, and do so. The schedule is drawn up ahead of time to facilitate advertising. Chairman Trauger suggested they have another meeting this week. Mr. Ryder thought all of the Members felt like Mr. deLong. Mr. Wandelt expressed that they were going too fast. Mr. deLong pointed out that is the way mistakes are made, and - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 half the City can be on their heads if they make the wrong move. He thought it was important that they have time to think seriously about what people were telling them and make their decisions accordingly. Mr. Ryder thought the participation on the part of the public indicated they should take more time. Commencing the third week of July, Mr. Annunziato said the Council will be working on budget workshops, and he suspected they would like to have a great part of this activity out of the way because they will be very busy for four, five, and six nights. Concerning the Glitch Bill, Mr. Annunziato did not think there was anything specifically in the Bill that was related to this action. It certainly was something the Board should be aware of, but it primarily impacts on the 1988 Boynton Beach Comprehensive Plan. Mrs. Huckle believed they could not make any votes in a Workshop meeting. It would have to be a scheduled, published meeting. Mr. Annunziato advised that this hearing could be continued without being republished. Mr. Cannon was not sure the Board would have to have a published hearing to vote. It would just require a meeting. Mrs. Huckle thought they should close the public hearing after a certain time of night and set a specific date to continue it. Mr. deLong emphatically stated he would not vote on it because he wanted to look at it as thoroughly as possible. Mr. Ryder agreed that they should not vote tonight. The Members agreed with Chairman Trauger's suggestion to set another meeting tonight. COMMUNICATIONS Village of Golf Resolution re Congress Avenue and Golf Road Chairman Trauger read a letter dated June 23, 1986, from the Village of Golf, which stated that they strongly oppose any change in zoning of a parcel of land located at the southeast intersection of Congress Avenue and Golf Road. A copy of the Resolution they passed was attached to the letter. (See "Addendum A" attached.) Area 38 Kenneth B. Crenshaw, Esq., Suite C, 2945 South Congress Avenue, Lake Worth, Florida 33461, representing The - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 e Group, Inc., owner of a four acre parcel at the northeast corner of Congress and Golf Road, in his letter of June 13, 1986, disagreed that this property should remain single family or institiutional use. The owner felt it should have a C-1 or C-2 classification. Chairman Trauger read this letter into the record. (See "Addendum B" attached.) Area 23 - Northwest Corner of Seacrest Boulevard and Boynton Beach Boulevard Chairman Trauger read a letter dated June 23, 1986, from Rev. Charles E. Brannon, First Baptist Church, 301 North Seacrest Boulevard, which said the property has split zoning. It was recommended Lot 135, the only remaining lot zoned R1A between N. W. 3rd Court and N. W. 3rd Avenue be rezoned to commercial to make a block of commercially zoned lots approximately 2.75 acres in size. (See "Addendum C" attached). Coalition for Wilderness Islands Mr. Cannon pointed out that the Board has been receiving several packets of correspondence, which the Planning Depart- ment receives. He was not sure it was necessary to read all of the letters into the record but said notes should be made that the letters are in the file. There were eight or nine letters from Members of the Coalition for Wilderness Islands, including one from Dorothy Wilken, County Commissioner. That organization will speak tonight about the type of language they wish to have included in the Comprehensive Plan. Boynton Beach Veterans' Council Mr. Cannon said there was also a letter from the Boynton Beach Veterans' CQuncil signed by Charles Coleman. He believed Mr. Coleman was going to speak about upgrading Veterans' Park on Ocean Avenue or possibly moving the loca- tion of the memorial. Chairman Trauger did not have a letter from Mr. Coleman. Mr. Cannon said he had letters the Members had previously received. As Mr. Coleman was in the audience, Chairman Trauger said he would call on him later. Letters from Palm Beach County Departments Mr. Cannon said the Planning Department received letters from the Palm Beach County Planning Department, Traffic Engineer, - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 the Metropolitan Planning Organization, Director of Housing and Community Development, and Russell and Axon, Consulting Engineer for the city. All of these letters stated agreement with the Comprehensive Plan as it was transmitted. The Palm Beach County Planning Department had raised questions about conflicts between their land use plan and the city's land use plan but through conversations with one of their Planners, they worked out the misunderstandings they had. At this time, Mr. Cannon said it appeared there was no conflict between the Palm Beach County Land Use Plan and the future land use plan the city was proposing. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARINGS Comphrehensive Plan Evaluation and Appraisal Report~ 1986 The Board had two reports from their previous Workshop Meet- ings. Mr. Ryder suggested they go through them. As it would take at least an hour to go through the comments and since he was sure the Board would have questions, Mr. Cannon thought, rather than keeping the public audience waiting, it would be better to receive any additional public comments tonight. At the meeting where they actually vote on speci- fic proposed changes, he could go through the proposals at that time. The Members agreed they should hear the audience first. Greater Boynton Beach Chamber of Commerce William R. Martin, 1041 Coral Drive, Boynton Beach, appeared as President of the Greater Boynton Beach Chamber of Commerce and thanked the Planning Staff for the great job they did in putting together the document being discussed. Mr. Martin presented comments and recommendations from the majority of the Chamber's Board of Directors. (See "Addendum D" attached.) Mr. Ryder commented that this clinched the fact that the Board needs more time because this was the first input they - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 had from the Chamber of Commerce. Mr. Martin agreed there was a lot of material for the Board to digest. S. E. Corner of ~Congress Avenue and 23rd Avenue - Golfview Harbour Estates Kathleen Kirton, representing the Board of Directors of the Golfview Harbour Estates Homeowners Association (primarily the single family homes), wanted the Board to consider the fact that many of their homeowners were on vacation and unaware of what was being proposed. When 1-95 was constructed, Mrs. Kirton said it was agreed that 23rd Avenue would become a secondary road, not a primary road, such as Woolbright Avenue and Boynton Beach Boulevard. That was why there was an overpass on 23rd Avenue instead of an exit. There are ten acres of property at the southeast corner of 23rd Avenue and Congress Avenue, and most of it lies along 23rd Avenue, which is a secondary thoroughfare. Mrs. Kirton said additional traffic at that intersection, which will occur with lower zoning, is not needed. This street, from Military Trail to Seacrest Boule- vard, is a residential street and should remain R-1AA. Mrs. Kirton said the developer of either of these corners could beautify the corner, as Silverlake did, with a wall and shrubs. She pointed out that it certainly did not hurt the sales in Silverlake, and said the developers knew when they bought the land that it was zoned for single family homes. Mrs. Kirton said lowering the zoning along the canal would depreciate the value of many of the homes already in existence. Homes in Golfview Harbour, ranging in excess of $100,000 to $140,000 or $150,000, would be the most affected by this. There is a demand for single family homes in Boynton Beach. Mrs. Kirton read a newspaper article saying a line of home buyers crowded in front of a sales center before the doors opened. Within hours of the opening, 41 sales of single family homes were reported. This was Dateline, Boynton Beach, but Mrs. Kirton said the land is outside of the corporate limits. She read that the buyers wanted to be first to take advantage of prices of $97,000 to $115,000 being offered on the first 20 single family homes and said the homes were comparable to the size of homes in Golfview Harbour. - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 The point Mrs. Kirton wanted to get across to the Board was that there is a need for single family homes, and people want to be able to live in a home where they can have privacy. She did not think there was too much of that left in Boynton Beach and urged the Board not to do away with what the City already has zoned for single family homes. Mrs. Kirton said Golfview Harbour is unique because they have all age groups. It is a good neighborhood, close to the hospital, shopping areas, and the beach. Soon, they will be close to the post office. They can see no reason why it cannot be developed for single family homes. It might line the pockets of the developer, but it will not add to the peace and tranquility or property values of those who are presently paying taxes to the city. Golfview Harbour wanted the Board to recommend to the City Council that the zoning remain "status quo" at 23rd and Congress. For the record, Mrs. Kirton presented a copy of a letter signed by their Board of Directors. (See "Addendum E" attached.) Rezonin~ S. E. and N. E. Golf Road and Congress Avenue Don Fenton, 2556 S. W. 23rd - Cranbrook Road, Silverlake, had a petition signed by 48 residents of the Estates of Silverlake. He asked that the Board consider that quite a few members have gone away for the summer. Mr. Fenton read the petition, which protested the change of zoning. The property is now zoned R-1AA, and by affixing their names, he stressed that each resident gave testimony that he or she felt changing the zoning would negatively affect his or her lifestyle and property value. Mr. Fenton said there will be 169 homes in the area. The price range depends upon market conditions but now, he guessed they would be $125,000 to $200,000. Mr. Fenton remembered speaking to the Board before on this and recalled listening to the Traffic Consultant say there was not a traffic problem. Mr. Fenton works 9/10ths of a mile away, but the traffic on Congress at 8:00 and 9:00 o'clock in the morning and 4:00 and 5:00 o'clock P. M. makes it virtually impossible to come out of the Woolbright Corporate Center and turn north. The traffic is unbearable under those terms. Mr. Fenton said this additional change of zoning has to increase the traffic pattern. If it does not, they will lose their money and go broke, and there will be a lot of problems there anyhow. - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 Rezoning Change from R-iA to R-3, C-1 or Hiqher Joseph R. Molina, 811 S. W. 6th Avenue, appeared on behalf of the residents of Leisureville and Boynton Beach Associa- tion. The property they were speaking about tonight was Golf Road, south and north, on the east side of Congress Avenue. The property on the northeast corner is abutting the Leisureville project and the fire house. Presently, Mr. Molina believed the builder there had completed seven or eight two bedroom, two bath homes selling upwards at $70,000. He thought all of them were sold but one. These are adjacent to the fire house. Mr. Molina said the traffic is somewhat contained on Golf Road. If any change of zoning were to occur, there would definitely be an increase of traffic, which would be unnecessary, for the residents of Golfview Harbour and Silverlake. To downzone or bring in any commercial proposi- tion in that area would really be havoc for everyone around there, and it would be uncalled for. Mr. Molina noted someone said the only way you can achieve quality of land is to have low density. Someone else said Boynton Beach is fast becoming Palm Beach County's prestige address. It is the last Gold Coast town where the city fathers are carefully monitoring development to preserve Boynton Beach's coastal charm. The low density Boynton area is made even more appealing with future development plans already out of the drawing board stages, and these ideas are sold to people. People who have bought, bought thinking R-lA and R-1AA would be their adjacent neighborhoods. That is the way it should remain. Mr. Molina did not think any of the R-1AA zoning should be changed to enhance the profits of developers here. Corner of Congress Avenue and Golf Road Ruth Morsch, 1204 S. W. 22nd Avenue, heard talk about a tax base, but she wondered if there was any reason why that tax base had to be put in the middle of residential areas. If Boynton Beach needs more money from commercial buildings, she urged that it be put where it would not ruin the entire lifestyle of the people now living in single family homes, in a nice area. Mrs. Morsch bought in Boynton Beach eight years ago because it was such a nice small town, and she elaborated. She asked the Board to keep it that way and not make another - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 mistake, like the two buildings that are next to the canal and next to Sun Bank, because they are anything but attractive. Mrs. Morsch stated that she certainly would not want to live across the canal from the two buildings. In one of the letters read tonight, Mrs. Morsch heard that they think the parcel of ground over there should be commercial, Because a fire house is not compatible with the residents, they would rather put stores and buildings there and put the fire house out in the country where the Fire Department could not get to the houses when they are on fire. Mrs. Morsch stressed that commercial buildings will not do them any good by being there, but the fire house would. Mrs. Morsch agreed with the lady from Golfview Harbour that they do not need the extra traffic on Woolbright Road. She also had the same things to say about the parcel of ground on Woolbright Road, just west of 1-95, on both the south and north sides, and requested that the Board not change them to Commercial but to keep the R-1AA Residential because if it is changed, the City will have a lot of angry, disillusioned people living in the area. It will not be well for the future, and Mrs. Morsch urged the Members to give it great consideration before changing anything. If they must have Commercial for a tax base, Mrs. Morsch told the Members to put it out where there is open ground and they will not bother anybody. She called attention to the many commercial buildings sitting empty that they cannot rent and told the Members not to put any more buildings that would sit around as white elephants. Mr. deLong advised Mrs. Morsch that a large portion of the land she referred to, west of 1-95 on Woolbright, is presently zoned Commercial. Mrs. Morsch was not aware of that and asked if he was talking about the land on the north side. Mr. deLong informed her that the south is zoned for planned industrial development (PID). Mrs. Morsch said she was not talking about where the Boynton Commerce Center is but was talking about the little piece of ground that is at Leisureville on the south side. Someone advised it was on the west side of the canal. Mr. deLong thought that apparently, the PID was contiguous to the other piece Mrs. Morsch was talking about. She did not know that it was part Commercial, but reiterated that they should keep the rest of it the way it is and not make it any more Commercial than it already is. - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 Comprehensive Plan Evaluation Carl Spark, 1428 S. W. 25th Place, a newcomer to Boynton Beach, has lived in Golfview Harbour Estates 1-1/2 years, and .is very pleased with living in Boynton Beach. He wished to continue living this way. As President of the Golfview Harbour Estates Association, he pleaded with the Board not to do anything with the rezoning of the two pieces of land in question. S. E. Corner of Golf Road and Congress Avenue Frederic P. McDowell, 1341 S. W. 25th Avenue, a 30 year resident of Palm Beach County and a local commercial real estate broker and mortgage broker, moved to this area after prereviewing the plan they were talking about changing. He referred to the sign above the Members and said that obviously, the needs of many were not the needs of the few that were present. By its very nature, Mr. McDowell said commercially oriented property must increase the traffic flow in the area, or the building cannot show a profit. It sometimes takes 15 minutes to make a lefthand turn into Golfview Harbour right now. The accident rate has been increasing. Five shopping centers and one major mall are already in the area. Mr. McDowell said they can see nothing that will benefit the local citizens of the area, which is what the city is made up of. Mr. McDowell asked the Board to consider the needs and wants of the many people here, keep the zoning as it has originally been, and not to make a change to the people that relied on the Board and that plan when they first came into town. Congress Avenue and S. W. 23rd Avenue Richard Kurtz, 1221 S. W. 26th Avenue, Golfview Harbour Estates, said the people before him expressed the opinion he was about to express. He referred to hearing City Officials and Boards say Boynton Beach must have a tax base. Within the last few years, the administration, Boards, and Planning Department ~have done a wonderful job in increasing the tax base, but the City is still a residential city. Mr. Kurtz said the city is getting to where they have a tax base where they can say it is helping as far as taxes are concerned. People coming into Boynton, who are giving the city a tax base, need a place to live. Little by little, - 10 - MINUTES - PLANNING AND ZONING BOARD BOYNTONBEACH, FLORIDA JUNE 23, 1986 Mr. Kurtz sees the residential character of Boynton Beach eroding. AS he sits at planning sessions and Council meet- ings, he sees they are losing some of the character of Boynton Beach. Mr. Kurtz pleaded with the Members to use their good judgment, keep the character of the City, and leave the zoning in that area. There is enough Commercial, and the city has its tax base. Lake City Trailer park William Smith, 2649 North Federal Highway, was here last week when they were talking about the parcel of land in the northeast corner of Boynton Beach, right on the City line. which is the trailer park. He asked that the Board consider a rezoning from R-3 to Commercial. Mr. Smith brought some pictures of what it looked like 20 or 23 years ago and what it looks like today. The barn the Members saw on the pictures is 40 feet high, 100 feet wide, and 300 feet long. Mr. Smith said the barn is sitting right on the Boynton Beach and Hypoluxo property lines. He told the Board to keep the pictures, and he could pick them up at any time. There was discussion. Mr. Smith informed Mrs. Huckle there are no buildings on the north side of Dimick Road. The only thing that was there was Waite's old bird farm. Mr. deLong interjected that there is! one home down by the water that can be seen from Mr. Smith's property, but it looks like it is deteriorating. There was more discussion. Mr. Smith said Dimick Road is more or less a buffer zone. Homes are on Lakeview Road, along the waterfront. Mrs. Huckle asked if the homes are between iDimick and Potterl Mr. smith answered affirmatively and added that Dimick Road is the last road in the north part of Boynton Beach. Mr. deLong remarked that there are four or five houses on tihe south side of Dimick Road. Mr. deLong commented that Mr. Smith had a real problem because it was done after he bought the property. Hypoluxo did not have the zoning restrictions Boynton Beach had. Mr. Smith asked the City for help at the time. He called Bud Howell and John Archie, Mayor of the city then, but they could not do anything about it. He even called the Mayor of Hypoluxo, who said he "did not give a damn about what Boynton Beach does." - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 Mrs. Huckle asked if Mr. Smith owns the property south of his trailer park. Mr. Smith thought it belonged to Griffith and Moore. Mr. deLong advised that it is a four acre parcel with a "For Sale" sign. Mr. Smith said he cannot do anything with the park. He told Mrs. Huckle his home is on the water. Mr. deLong asked Mr. Smith what kind of Commercial zoning he was looking for. Mr. Smith asked what C-l, C-2, and C-3 are. Mr. deLong answered that C-1 is office/professional, and C-2 is retail stores and neighborhood type community stores. Mrs. Huckle informed him C-3 is community commercial and shopping center types. Mr. Smith wanted something where they could ~actually put something in, where they would not mind a barn sitting behind them. Mrs. Huckle asked what the width and depth of Mr. Smith's property is. Mr. Smith replied that the width is 150 feet and the depth is 1,000 feet. It goes all the way down to the water. The problem Mr. deLong saw was that they would break the integrity of the four acre parcel next to Mr. Smith. If he was not mistaken, Mr. Smith believed at one time Griffith and Moore were trying to get that changed to Commercial. He recalled when they were going to put the Holiday Inn there, they became involved with the R-3 zoning, which was what stopped them. It was his understanding they already had it sold. Mr. deLong thought Mr. Smith had a serious problem. Chair- man Trauger asked if there was anyway someone in Boynton Beach could erect a building like that right up to the very property line. He hoped the City was immune to that. Mr. Smith wished something could be figured out so he could put something there. Chairman Trauger suggested a bigger marina. Mr. Smith replied that they seriously thought about another marina. Wilderness Islands Fred Cichocki, Chairman of the Coalition for Wilderness Islands, was present to answer any questions about the suggestion presented to the Board last week by Mrs. Stella Rossi, 625 Whispering Pines Road, concerning the possibility of incorporating into the conservation and coastal zone development the Wilderness Island program that is in the Palm Beach County Comprehensive Plan, as it is amended at the present time. Mr. Cichocki quoted from the document the Board received from Mrs. Rossi last week. - 12 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 The Wilderness Islands program is designed to protect the endangered native ecosystems of as many natural systems as possible, such as tropical hammocks, wet praries, sand pine scrub, etc. Mr. Cichocki thought the goal of the program was to acquire and/or protect and preserve typical examples of the original domain of the City as wilderness islands, parks, and preserves for the benefit and use of citizens and visitors. Mr. Cichocki continued that the proposal was first presented to Palm Beach County in April, 1984 and was unanimously endorsed by the County Commission. They thought it would be appropriate for Boynton Beach to follow suit and incorporate essentially the same wording into the revised coastal zone and conservation complement of the Comprehensive Plan. Mr. Cannon said the Planning Department received correspon- dence from the Coalition for Wilderness Islands, which the members had in their agenda packets. That suggestion had already been noted. Mr. Cannon said the City staff did not see any problem with putting general language in the Compre- hensive Plan to support this concept. The only problem might be implementation, as he doubted that the City would be able to fund the acquisition of the parcels or that a transfer of development rights' scheme would work within the City. These possibilities had already been diScussed with Mr. Cichocki. If it is legally feasible, Mr. Cannon said it may be possible to implement a joint City/County transfer of development rights' Ordinance, whereby the parcels would be preserved by a transfer of development rights out to parcels in the unincorporated area. He saw no problem with general language, as long as the implementation is not specified at this time. Chairman Trauger asked if Mr. Cichocki would give an example of what he was referring to. Mr. Cichocki answered, "The type of original domain that needs to be preserved in the City of Boynton Beach." He added that one of the finest examples in the County is a piece of sand pine scrub along Seacrest Boulevard, immediately east of Chapel Hill, in south Boynton. The Boynton hammock is another. There are several pieces of original domain that are equally as important as historical landscapes as a historical building in the City would be. Mr. Cichocki added that the Treasure Coast Regional Planning Council is now developing their own regional Comprehensive - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 Plan, and they are drafting various proposals that deal with some innovative means of acquisition, such as transfer of development rights, etc. He said they should expect to see some model wording that might be incorporated by cities and perhaps some expert help in implementing such policies in order to gain acquisition. Rezoning Ben Uleck, 1507 S. W. 17th Avenue, was representing Leisure- ville, which has about 892 homes and 1,800 voters. They did not want the Board to change the zoning on the parcel in the northeast corner or the southeast corner. He said they knew what happened with the building on Woolbright Road that spoiled Woolbright Road~ and he expounded. Mr. Uleck said the value of property directly behind that building dropped $10,000, and 50 homes are there. If the zoning is changed on the northeast and southeast corners of Congress and 23rd, Mr. Uleck predicted that will occur. He said Leisureville does not want any of the R-lA, R-1AA, or R-1AAA changed. First Baptist Church, Corner of North Seacrest and Boynton Beach Boulevard Mr. Cannon referred the Members to a map in their agenda packets which he thought would clarify Mr. Worrell's ques- tion. Clyde Worrell, 2668 S. W. 23rd Cranbrook Drive, appreciated the Board reading Pastor Brannon's letter (Addendum C). Several color coded areas involved were in that letter. He had colored several areas to match the letter, and passed them out to the Members. The Comprehensive Plan addresses the N. W. corner of Seacrest Boulevard and Boynton Beach Boulevard. The property occupied by the church building is potentially reuseable for commercial use. However, Mr. Worrell said the residential zoning on the northern portion of this property, occupied by the parking lot, precludes commercial use. Therefore, he said it is desirable to include the entire church property in the commercial zoning district. Many parcels in the block have been developed for single family dwellings, and the proposed plan said they should remain in their present residential zoning category. Mr. Worrell took exception to one area. The blue area, on Boynton Beach Boulevard and Seacrest Boulevard, is - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 already zoned Commercial. The green on the interior street (3rd Court) is property owned by First Baptist Church that is zoned R-lA. If that were occupied by a tenant other than a church, Mr. Worrell said the R-lA property could not be used commercially in conjunction with the existing commercial area that the Members could see. As stated in Reverend Brannon's letter, if the church's property could be zoned Commercial to make it a one unit use ~by a single owner, one piece of property (Lot 135, Boynton Hills) would be left R-lA. Mr. Worrell said the Church recommended that also be zoned Commercial. Mrs. Huckle asked who owns Lot 135. Mr. Worrell thought it was owned by an investor, who is presently renting it. A couple of meetings ago, Mr. deLong recalled a woman and two of her neighbors requested that their homes be rezoned to Commercial. He thought they were contiguous to the church and!asked if their lots were in the numbers the Members were looking at. Mr. Worrell replied that they were not. They would be to the west. They did not include one area of property owners to the west of their property. Mr. deLong called attention to the white colored lots to the west in that present piece and asked how many homes are there. Mr. Worrell answered that there are four homes on five parcels. The one that is on the north side of Boynton Beach Boulevard is already Commercial. The Church does not own any of the blue commercial property running on the west side of Seacrest Boulevard. They just wanted to state the fact that it was already zoned Commercial and would be a logical part of a contiguous block there, if the property the Church owns (colored green) could be made Commercial. Mr. Wandelt asked if the Church was going to move to a new location. Mr. Worrell answered affirmatively but said the Church property the main buildings are on is zoned commercial, and the parking lot they use is presently zoned R-lA. They would not have the advantage of a single use of that property if they sold it. Mr. Worrell pointed out that they presently use all of the green the Members could see for a parking area. With the planned City Hall development, Mr. deLong thought the entire piece looked like a commercial piece and was a good location for Commercial. Chairman Trauger called attention to the little street right through the center of the property. Mrs. Huckle advised that it could be abandoned. - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 Mr. deLong noticed that directly across was Commercial, and Commercial was on both sides of that little crest at the corner. Mr. Worrell told the Board the fork is a traffic hazard. It looked to Mr. deLong like 3rd Avenue, coming in, could "Y". Mr. Worrell said they need parking very badly. There was discussion. Vice Chairman winter recalled that a couple of years back, the Church tried to abandon N. W. 3rd Court, and he asked if they were planning for that again. Mr. Worrell replied that they would like to, and they think it is a good plan. Vice Chairman winter asked if they still have tenants on the lots on the corner of N. W. 1st Avenue and N. W. 3rd Court. Mr. Worrell answered affirmatively. He did not think they did their homework the last time. Vice Chairman winter knew people in that area were opposed to the closing of that street and wondered if the same people were there. Mr. Worrell informed Mrs. Huckle that some properties are rentals, and some are owned. He thought the ones zoned Commercial rented their properties. An investor owns the property. First Baptist Church Raymond W. Royce, Attorney for First Baptist Church, of the law firm of Scott, Royce, Harris & Bryan, P.A., 450 Royal Palm Way, Palm Beach, Florida 33480, spoke to the Board on June 5th and June 12th with regard to the property the Church owns west of the Seaboard Railroad tracks, north of Woolbright Road. At the last two meetings, Attorney Royce expressed their deep concern about the difficulties they would encounter with regard to the railroad crossing, street, and change of land use that would bisect the property. He reminded the Members of their concerns and reiterated them. The Church would like to leave their present site across from City Hall and utilize the property up there. They would like to be able to do it as part of some plan where the property could be reconfigured. Attorney Royce thought one of the plans that came before the Board would allow for that possibility. Hopefully, either that plan or some other plan worked out with the City would allow the Church to reconfigure its holdings out there and develop that property for church and school purposes. - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 In one of the original plans, Attorney Royce recalled it was proposed that the property would be moved around, and the church property would be on the west side of that property. He thought it would provide a good buffer between whatever use goes in on the property near the railroad area and the residents to the west. Through some combination of park and lake and by realigning the road and perhaps using some of !that for church purposes, Attorney Royce thought they could provide a good buffer to the Leisureville residents so they would not be adversely affected by the property to the east. If they cannot do that, Attorney Royce said they would have to figure out how they could possibly utilize the property. There are presently a number of old, platted lots bisected already by a narrow street. It is an old undeveloped plat. To provide for ithe railroad crossing and the "S" shaped road the Board heard them talk about just lays another Overlay on top of what is already a grid system and just creates a spider web of liines and roadways. The law basically says that all building, development, and zoning must be done in accordance with the Comprehensive Plan. Therefore, if they work to develop the plan with the crossing and "S" shaped road and change the uses at that breaking point, Attorney Royce said the iBoard would really be locking it in. They were asking the Board not to lock it in until something could be worked out in the entire area. Attorney Royce continued that the church property would then be in two separate land uses. It would be trisected to three separate parcels of property that would include them working anything out to reconfigure the parcel so it could be used and would effectively preclude the use of the property by the church, render it useless for church purposes, hurt the church greatly, and devalue the property. Attorney Royce reminded the Members of some of the questions he had asked and suggested they be answered before any definite commitment was made to put a road through there and lock in this change. There were a number of questions relating to the industrial uses. In Attorney Royce's judgment, the Board, at its June 5th meeting, were very wise in not fixing the railroad crossing point. He asked the Board to carry through that decision that they unanimously made and not fix the road alignment and the changes in land uses. On page 4 of the staff materials, which he just saw tonight, Attorney Royce noted that the staff indicated that the - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 P&Z Board already addressed the issue of the road and cross- ing at the June 5th meeting. He read that the effect of the Board's decision on this issue was that it had already deleted the recommendation for the access road and railroad crossing. Attorney Royce wanted to emphasize that and told the Members to be sure they follow through on that and carry out their prior vote. Attorney Royce said the City staff pointed out, however, that there is a present plat in there. He admitted that was true but said it is an old, outmoded plat and is not the sort of plat the City's Planning Department or any City Planning Department would encourage people to follow. It is the sort of plat where everything is cut up in little lots, etc. Attorney Royce said they understand that if a new plat is ever provided, the City's Ordinances require that a plat go to the edge of the property so it can serve adjacent proper- ties and said they would expect to observe that. He added that it would give all of them a chance to do some real comprehensive planning to determine where these things ought to be, what the uses ought to be along such a road, and where that road ought to go. Until they had a Comprehensive Plan for the whole area, by saying they should entertain this road location, which is referenced several times in the anatomy portions of the plan, Attorney Royce thought they had the cart before the horse. He stated that they would have no objection to work- ing with the City staff and working out these access problems. They already heard the situation with respect to the existing crossing being very dangerous, the narrow streets, and houses close to the roadway, etc. Attorney Royce urged the Board not to accidently or on purpose create that situation again. He told them to make sure they know what is going on on the west side of the tracks before they start locking in road locations, new plats, and things of that nature. Attorney Royce said the Board was asked to do a big, very serious job, and perhaps a thankless job, judging from the great amount of time and effort being put in by the Members, the paper they were being diluged with, and the number of speakers trying to get something. They were just asking the Board not to do them any bad damage if they could not help them until they have an opportunity to work out a plan that will be good for the entire area. - 18 - MINUTES - PLANNING AND ZONING BOARD BOYNTON iBEACH, FLORIDA JUNE 23, 1986 In summary, Attorney Royce told the Members they need a Comprehensive Plan, and a Comprehensive Plan should mean a plan for the whole area, not a partial plan or half a plan. He said they would appreciate the Board's judicial restraint in not making any changes on the proposed plan or any additions to the plan which would have an adverse effect on the church property. Tradewinds Corporation Martin Perry, Esq., 515 North Flagler Drive, Suite 701, West Palm Beach, Florida 33401, appeared on behalf of Tradewinds Corporation. He said he and Mr. Kieran Kilday made all of the remarks they thought were necessary at the hearing on June 16th. Attorney Perry noted some of the material relative to this Board's action included responses they made on the 16th. Without intending to be comprehen- sive, since he just had an opportunity to glance at the material this evening, Attorney Perry wanted to reserve the right to comment further on these at the next hearing, after further study. However, he wished to comment on a couple of things. One, which Attorney Royce commented on, had to do with the alignment of the railroad crossing road which continues to be located on the Comprehensive Plan maps as far as the Evaluation and Appraisal Report. Attorney Perry said this Board had already recommended unanimously against the rail- road crossing at the present time. If that was the case, Attorney Perry said then there was little or no reason for the alignment of the crossing road in its current configuration, as recommended by staff. That was a remark made by Attorney Royce when Mr. Kilday and Attorney Perry previously made that remark. Attorney Perry thought if the staff was willing to acknowledge that action had been taken, the staff had to agree that the alignment and configuration for the road that they were showing the plan by the land uses also need to be changed. Attorney Perry noticed there was a fairly detailed response from staff, and he assumed it was from Mr. Annunziato, relative to his comments as to Areas 25 and 44, which is all of the land use for what is known as the Lake Boynton Estates undeveloped, platted area. Specific reference is made to a comment Attorney Perry made that there seemed to be a discrimination between treatment given to Area 37. Very frankly, Attorney Perry said it did not appear that Mr. - 19- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 Annunziato and he, or whoever wrote this for the staff, were going to agree on that point. Attorney Perry thought it was clearly discriminatory. The same arguments that militated in favor of a higher density on that area opposite the mall militated in favor of it here, adjacent to the railroad tracks, 1-95, etc. They would get the same major, collector type roads, Woolbright Road and the proposed S. W. 8th Street), so it really did not make any sense. Frankly, Attorney Perry did not see how anyone would ever conclude that it was not discriminatory. Attorney Perry disagreed with most of the other comments that were made. The only thing that they would continue to ask for was the element of fairness and consideration in relationship to this property being treated no differently than any other piece of property in the City. Chairman Trauger called out the names of Mr. and Mrs. Gene Di Pace, who had wished to speak, but there was no response. Kieran Kilday, Landscape Architect, had also asked to speak this evening. Attorney Perry informed Chairman Trauger that Mr. Kilday was not present. Chairman Trauger also called out the name of Reg Munroe, but there was no response. Veterans' Park Charles Coleman, Secretary, Boynton Beach Veterans Council was present with the Chairman of the Veterans Council. Also Jack Dashev, Commander of the Jewish War Veterans Post 440, was present. Mr. Coleman said the Veterans Council was specifically interested in having a veterans park in Boynton Beach that they could be proud of. Veterans Park is now located On the north side of East Ocean Avenue, near the railroad. It is really an empty lot with overgrown weeds. There is a rock there with a plaque on it that states it is a veterans park, but no one would know it unless they read the plaque. Since the Veterans Council was organized several years ago, Mr. Coleman said they have been trying to get a decent Veterans Park. He called attention to Bicentennial Park on Federal Highway, just north of Boynton Beach Boulevard, which was the unanimous %1 choice of all the Posts in Boynton Beach. However, they were told unofficially that du!e to some technicality, this park could not be renamed Veterans Park and wanted to find out if this was true. - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 Mr. Coleman told of the veterans buried in the municipal cemetery and said they deserve more than a lot overgrown with weeds. Another suggestion was to rename Boat Ramp Park as Veterans Park. Whatever the Board decided to do, the Veterans Council requested that they not be forgotten in the redevelopment program. Mr. deLong asked if they could get an answer to Mr. Coleman's question of whether there would be a problem with renaming Bicentennial Park. City Manager Cheney did not know if it was a legal problem. Bicentennial Park was named in 1976, and a lot of people in the community were involved. City Manager Cheney also did not know the history of the deed but said the City could do that kind of research. He suspected there was a possibility that the ceremony in 1976 nami] 'k included everybody, and they may have anti~ )a' that it would stay that way. It might be a policy question, or it might be a legal question. In any case, City Manager Cheney said Bicentennial Park was available for veterans' ceremonies. It is open for every- body's use without the name being changed. Vice Chairman Winter recollected that former Councilman Dave Robert suggested it be named Bicentennial Park. Chairman Trauger recalled there was a deed restriction that if it was not used for a park~ it would revert back to the original owner of the property, There was discussion. Mr. deLong thought the point was that the present Veterans Park is so small. It is a tucked away piece of property that is not being maintained. He asked City Manager Cheney to give the Veterans Council an answer as to whether or not there is the possibility that another park, specifically Bicentennial, could be named. City Manager Cheney replied that he would do that, but he suggested that there was probably a history with a lot of people in the City relative to that Veterans Park as it is. At one time, an honor roll was there. That may also have a strong, emotional and sentimental attachment for folks who have been in the city for a long time. City Manager Cheney elaborated and stated he would hate for them to come to the conclusion that either one was named without some thought or concern about the name. Chairman Trauger wondered if they could at least have the Recreation and Parks Department clean up Veterans Park. city Manager Cheney advised that it is on a regular main- tenance schedule. AS far as any additional planting, there is not much land to do much. - 21- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 Jack Dashev, Commander of the Jewish War Veterans Post, asked if they could have some time table as to the deter- mination of the two parks. He questioned whether they could have an answer in a month, two months, or three months on the legal ramifications. The other ramification was to add the name "Veterans" so Bicentennial Park would be called Bicentennial Veterans Park. Chairman Trauger advised that the questions should be before the City Council rather than this Board. City Manager Cheney did not know what would be involved but said the City would do everything as soon as they could. It will depend on the City Attorney. Chairman Trauger recommended that Mr. appear with his problem in Public Audience, before the Council, at their next meeting. Two years ago and 1-1/2 year ago, Mr. Dashev appeared before the City Council on the same thing, and they are still wait- ing. He would like to have an answer in a week but said he would go the three months. Mr. Dashev felt the park with a little stone on it wals a disgrace to veterans. He did not know what sentimental value could possibly have to any veteran. If %t just meant moving a rock, they could move the rock to Bicentenniial Park. Lake Boynton Estates - Areas 25 and 44 Gary Lehnertz, representing the Lake Boynton Estates Home- owners Association, reaffirmed that the vast majority of the homeowners wholeheartedly support the recommendations of the City Planning Staff to downgrade what they now have from a Medium Density housing to Low Density housing and to down- grade R-3 to R-2 for the section along the railroad tracks. The homeowners purchased their homes with the understanding they were going to live in a single family home area. By approving the staff's recommendations, Mr. Lehnertz said the homeowners feel the Board would reaffirm the homeowners decisions to move, live in this area, and raise their families. Downgrading the zoning would not put in roads, a railroad crossing, and would do nothing other than say this is a place where they want single family homes. Lake Addition Barbara Bradshaw, 1010 N. E. 7th Street, lives in Lake Addition, which extends along the Intracoastal Waterway. They were not included when the rezoning for the downtown - 22- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH' FLORIDA JUNE 23, 1986 redevelopment was changed. At the moment, in that area, they have four City blocks that are spot zoned. They have High Density on both sides, and they are Low Density, R-lA. They would like Moderate Density in that area because they want to upgrade the area. Ms. Bradshaw said they have nothing but single family homes, and the area is not doing anything. She thought it would be advantageous to the City to consider Moderate Density. If you go down 10th Avenue, from the Dutch Mill to the Intracoastal Waterway, Ms. Bradshaw told Chairman Trauger there is a vacant land area. She and her neighbor own homes there. There is a lot of undeveloped property. Ms. Bradshaw and her neighbor wanted the Board to consider some- thing in the townhouse idea. High Density is on both sides of them. R-3 is on one side and on the other end is a five story building with many units. On N. E. 7th Street, a number of lots are zoned for townhouses. She and her neigh- bor are sitting along the Intracoastal Waterway in spot zoning. They are also bordered by Mariner Village. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. B. COMMENTS BY MEMBERS Chamber of Commerce Mr. Ryder asked to what extent the Planning Department had the opportunity to consider the recommendations made by the Chamber of Commerce, as he felt it was something they would have to give a lot of thought to. Mr. Cannon replied that they did not have any input from the Chamber until tonight. He thought they would put the Chamber's recommendations in a form like they did with the other comments. That way the Board can make a motion to take specific actions on the issues they raised. Boynton Beach Boulevard Task Force and Rail Net Chairman Trauger is Chairman of the Task Force and said they have had several discussions or presentations on a high speed rail net, which would come up the Seaboard Coast Line Railroad. The Chamber of Commerce mentioned a portion of this. Chairman Trauger said the great question is where the railroad station will be and where will the parking lot be for the station. The plan is definite that they will be closing the turnpike for the modernization for the lower end. The rail net is to relieve that traffic pattern and - 23- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 provide transportation for people. Beyond that, for the future, the same route is being looked at for a so-called "bullet train", as the population of South Florida supports it, between Miami, Disney World, Orlando, and perhaps to Jacksonville. Chairman Trauger thought they should take a good look at that. Mr. Cannon informed him that the Planning Staff made the recommendation in the transportation element that the City assist the Department of Transportation (DOT) in finding a site for the railroad station's parking. Chairman Trauger said the City has to point DOT's noses to the place the City thinks would be the most appropriate for it to be and the land use element before they get locked in. Mr. Annunziato advised that decision will be made within the next month. They have been in contact with DOT almost on a weekly basis, discussing potential sites for a "park and ride". One of the problems is that DOT does not have funding to purchase land. Therefore, they are looking to existing opportunities for dedicated land. Mr. Annunziato continued that there are four or five sites the City has led DOT to. One is the surplus right-of-way between Woolbright Road and Golf Road, along 1-95, which would require construction of a structure, to access from the Golf Road bridge. Another concerns the existing rail- road station, which is occupied by Four Steel. Mr. Annunziato said they also talked about the industrial areas north of Boynton Beach Boulevard, zeroing in primarily on the Boynton Beach Park of Commerce, which offers an oppor- tunity for labor in and traffic out, as well as the oppor- tunity to access an interchange some time in the future. DOT is in the process of contacting developers. Mr. Annunziato said they further advised DOT that there is property available north of Miner Road, on the east side of High Ridge Road, which is central between 22nd Avenue and the existing Hypoluxo Road interchange. DOT informed the City they did not have money to purchase the land, so it is something the City is working on. Mr. Annunziato did not suspect the facilities would be grand (perhaps just some benches in a covered area). Comments and Recommendations There was discussion as to what the Board should do, since they were not going to take any action tonight. Chairman - 24- MINUTES- PLANNING AND ZONING BOARD BOYNTONBEACH, FLORIDA JUNE 23, 1986 Trauger asked if anything presented tonight would add to the presentations that were already included in the agenda packets the Members had. Mr. Cannon said the recommendations from the Chamber of Commerce were the main ones. He also thought the input tonight should be summarized. Mrs. Huckle thought they should have an opportunity for the minutes to be typed and distributed so they could look at them before they have a meeting. Mr. deLong wanted to go over the Chamber's comments, and Mr. Ryder wanted to look at the Planning Department's recommendations. Mr. Annunziato did not think there was any way they would have the minutes before the Council meeting. Mrs. Huckle said Chairman Trauger would be away for the month of July. Mr. Annunziato said there was a problem that would affect them if they allowed this to extend too long. He called attention to the 90 day review period with the State and said it would make a lot of sense to adopt the Evaluation and Appraisal Report in the calendar year 1986 because they are only authorized two amendments per year. Mr. Annunziato said they have to be thinking not in terms of July but November, as to when Council will finally conduct public hearings on ordinances to adopt the Evaluation and Appraisal Report. It is difficult to get a firm handle on when the Council can gain a posture to adopt ordinances to affect the Evaluation and Appraisal Report. As they get into November and December, it becomes difficult with the holidays. If the City exceeds the 1st of the year, Mr. Annunziato said they would then be "out at sea" with respect to plan amendment requests submitted by applicants. Then they will be out of the twice a year sequence because then they will have already consumed one plan amendment in the calendar year 1987. Mr. Annunziato said it would be desirous to have this in final form before the end of the year. With that in mind, if they take 90 days away from that and travel time for things getting mailed back and forth, and there is not as much time as it looks like there might be. Mr. Annunziato said the Planning Staff would meet with the P&Z Board at a time available to them. There was discussion. - 25- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 complement of the Board present. If they met on June 30th, Mrs. Huckle asked Mr. Annunziato if he could prepare a recommendation for the City Council for July 2nd. Mr. Annunziato answered affirmatively. He said the problem was the Council would not have much opportunity to react, but Members of the Council were present at this meeting. Mr. Annunziato said it would be the matter of typing the informa- tion and having it printed out. Mr. Annunziato said the Council could conduct its hearing, and they could take advantage of the advertising. Mr. deLong asked if he read somewhere that they had until 1987 to do this. Mr. Annunziato answered that they do not have to adopt the Evaluation and Appraisal Report at this time. It can be adopted in connection with the new Comprehensive Plan. However, the decision was made a year ago or less to go forward because of the great amount of investment that had allready been made in the document. It seemed foolhardy to stop. With t~hat kind of time, Mr. deLong asked why they were groveliing for days of a week. Mr. Annunziato said he had to u~dersltand the nature of the document. If they would say to wait until this time next year, a lot of the data would be dated,~ and it would then become unreliable or unappropriate. They are already dealing with a certain amount of dated information. With thay kind of timing, Mr. deLong questioned if all of this would be outdated in August. Mr. Annunziato was think- ing if they changed it to September 1, if you take out September, October, and November and a week on either side, they would be talking about three weeks in December to amend it. He did not believe the Council would be able to act that quickly on an ordinance adoption process. It seemed to Mr. Annunziato that they should allocate about two months towards this to feel comfortable with what the effect of all of this means in terms of Ordinance adoption. If you take two months off of the end of the year (November and December) and drop back three, it would be August 1, which Mr. Annunziato said was the realistic time frame. If possible, Mrs. Huckle wanted to go ahead with it now while they had it fresh in their minds. She did not think they had that much additional input tonight. There was more discussion. -26- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1986 Motion Vice Chairman Winter moved, seconded by Mrs. Huckle, to continue the meeting until June 30, 1986 at 7:30 P. M. Motion carried 7-0. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 9:35 P. M. (Three Tapes) -27- OFFICE OF THE MAYOR AND VILI~,AGE OFFICE THE COUNTRY CLUB OF FLORIDA (305) 734-2918 VILLAGE of GOLF GOLF ROAD PALM BEACH COUNTY FLORIDA, 33436 SECURITY DEPARTMENT (305) 734-2918 WATER & SEWER DEPARTMENT (305) 732-4710 BILLING (305) 734-2918 HAND DELIVERED ON June 23, 1986 Mr. Simon Ryder, Chairman Planning and Zoning Board City of Boynton Beach 120 East Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Mr. Ryder: The Village of Golf strongly opposes any change in zoning of a parcel of land located at the southeast intersection of Congress Avenue and Golf Road. I On October 2, 1984 the Village Council of the Village of Golf passed a resolution entitled, "RESOLUTION OF THE VILLAGE OF GOLF, FLORIDA, EXPRESSING AN OBJECTION TO REZONING A PAR- CEL OF LAND FROM R1AA TO C-2 AND THE PROPOSED LAND USE AMEND- MENT FROM MODERATE DENSITY RESIDENTIAL TO OFFICE AND RETAIL COMMERCIAL AS REQUESTED BY CHARLES PUTNAM AND ASSOCIATES. We are enclosing a copy of the aforementioned resolution and respectfully request that you take the contents of this re- solution into consideration during your deliberations at the meeting to be held on this date. Very truly yours, Donald H. Gustafson, Treasurer On Behalf of absent Mayor Blunt DHG:ltl Enclosure CC: City Council of Boynton Beach ADDENDUM "A" (Page 1 of 2) RESOLUTION OF THE VILLAGE OF GOLF, FLORIDA, EXPRESS- ING AN OBJECTION TO REZONING A PARCEL OF LAND FROM R1AA TO C-2 AND THE PROPOSED LAND USE AMENDMENT FROM MODERATE DENSITY RESIDENTIAL TO OFFICE AND RETAIL COMMERCIAL AS REQUESTED BY CHARLES PUTNAM AND ASSO- CIATES. WHEREAS, the city of Boynton Beach Planning and zoning Depart- ment will conduct a public hearing on October 9, 1984 to consider a request by the applicant to rezone from R1AA (Single Family Residential) to C-2 (Neighborhood Commercial); and WHEREAS, the applicant is also requesting a proposed land use amendment from Moderate density residential to Office and retail commercial; and WHEREAS, the property in question is located at the South- east intersection of Congress Avenue and Golf Road; and WHEREAS, the traffic at the corner in question is already very heavy; and WHEREAS, the traffic on Golf Road would be intensified; and WHEREAS, Golf Road is presently~'in need of repair and is a two-lane road; and WHEREAS, citizens in the surrounding area should be entitled to keep their property as a strictly residential zone, as the Boynton Beach Planning and Zoning Board planned. NOW, THEREFORE, Be it Resolved by the Village Council of the Village of Golf, Palm Beach County, Florida: 1. That the Villsge of Golf strongly objects to the rezoning and amending the land use amendment of the property herein de- scribed. 2. That the City of Boynton Beach consider the objection of the Village of Golf at its public hearing on October 9, 1984. 3. That the Village of Golf is prepared to transmit a copy of this Resolution to the City of Boynton Beach. 4. That this Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED on thisd~./~f day of .~.O~~ ., 1984. ATTEST: APPROVED: Mayor .. , Village Clerk (Page 2 of 2) LAW OFFICE KENNETH B. CRENSHAW PROFESSIONAL ASSOCIATION SUITE C 2945 SOUTH CONGRESS AVENUE LAKE WORTH, FLORIDA 33461 TELEPHONE (305) 439-6100 June 13, 1986 Mr. Marty Trauger, Chairman Comprehensive Planning Committee City of Boynton Beach Boynton Beach, Florida 33435 Re: Proposed New Land-Use Recommendation for 4 Acre Parcel at the NE Corner of Congress and Golf Road (Area 38 in Plan) Dear Mr. Trauger: The undersigned represents The Roundtable Group, Inc., the owner of the above described four acres. While the above property is presently projected as private Governmental/institution uses on the existing land use plan, it is at the current time zoned for single family residences. The new comprehensive land-use plan suggests that the property is arguably consistent with the policies for the location of commencial uses, however the recommendation is to have it re- maining primarily single family residence or low rise apartments, or for institutional uses. As attorney for the owner I disagree that this property should remain single family or institutional uses merely because other property around it is not developed. As a matter of fact, Silver Lake Subdivision has on the southeast corner a buffer zone con- sisting of berms surrounding a single family residence. On the northwest corner, that property, although vacant at the current time, is currently part of a planned unit development, for which sacrifices were made to establish commercial zoning on the north end of the property. Returning to the four acre parcel, this parcel has currently adjacent to it a small fire house, which is not consistent with single family residences. Also, the four laneing of Congress Avenue, as well as all of the additional accesses developed by the four laneing, would clear'ng indicate that the northeast corner (Area 38) would be em~re properly zoned in a manner which ADDENDUM "B" Mr. Marty Trauger, Chairman June.~13. 1986 Page 2. is consistent to the C-1 or C-2 zoning classifications. By such a zoning modification, the tax base for Boyton Beach would be increased, and the surrounding properties would be benefited by having such zoning uses being implemented. I might also point out that the southeast corner is in fact separated from the existing residential property by a canal, and it too probably should be classified of a C-1 or C-2 nature. As attorney for the owner, the owners feel that by having a C-1 or C-2 classification, the residential character of the neightborhood would not be substantially changed, since any commercial development would be geared solely to the neigh- borhood itself. To speculate that unacceptable levels of traf- fic would be genreated is purely conjecture, since even with a residential use substantial traffic would likewise be created. Thank you for your attention to this matter. Respec~lly submitted, ~ Kenneth B. Crens aw KBC:jg cc: Mr. A. Clyde Worrell, Vice President The Roundtable Group, Inc. 'FIRST BAPTIST CHURCH' "The House Where Love Lives" Charles E. Brannon Pastor Larry Poe Associate Minister in Music Carolyn P. McDuffie Principal Christian Academy Phillip C. Conner Associate Minister In Education And Senior _Adults June 23, 1986 Mr. Marty Trauger, Chairman .Comprehensive Plan Committee City of Boynton Beach .Boynton Beach, FL 33435 Re: Area 23 N.W. corner of Seacrest Blvd. and Boynton Beach Blvd. (l'st Bap. Ch.) Dear Sir: This property presently has split zoning., The 100'+- on both cross streets are zoned commercial (color code blue). The interior lots on N.W. 2'nd Court are zoned residential (A1A) (color coded green). If the land use of the church buildings changed to commercial with the present zoning the parking areas could not be used in any way because of the R1A zoning. We recommend'that the remaining lots in the church porperty be zoned commercial to allow common use of single ownership. For good future planning after the church's property is zoned commercial, (Boyntonhills subdivision, lots 100-105 and lots 127-129 & 136-138), we suggest that lot 235, the only remaining lot zoned R1A between N.W. 3'r'd Court and N.W. 3'rd Ave. be rezoned to commercial also to make a block of commercially zoned lots approximately 2.'75 acres in size. This acreage will give the city a major corner to allow the changing land use Dian to make a significant impact on the appearance of that corner. Rev. Charles E. Brannon /drp ADDENDU~ "C" 301 North Seacrest Boulevard · Boynton Beach, Florida 33435 · (305) 732-5151 BEAUTIFICATION COMMITTEE~ 3.2.3.4.1.2. Native Vegetation/Exotics A. Tree planting program for rights-of-way and the. Adopt A Street Tree Program should be encouraged and the Council requested to provide budget funds to carry out the program. B. Enlarge the program to require landscaping and irrigation in the rights-of-way which abut developments. Where median strips are adjacent to developments and new paving is being provided, curbs should be constructed to comply with DOT requirements for median~p~ings. C. Encourage home and property owners to plant flowering trees and bushes to provide color in otherwise vanilla settings. guch as Azalea, Hybiscus, Oleander, Bougainvillea, (see attached~ list). D. Wherever possible Dumpsters should be hidden from public view by bushes and flowering shrubs. E. Public schools and public buildings should be required, if possible, or encouraged to meet standards of beautification on their properties. F. The City should establish a system where''owners of property are required to keep standards of outside neatness and trash confinement. If property is not kept in satisfactory manner, City can have clean up done and cost assessed against property owner s. 3.2.3.4.2.2. Policies Regarding Agricultural' Lands Whenever possible the City should encourage the preservation of agricultural lands within the City and its reserve annexation area. ADDENDUM "D" NAME Yellow Tabebuia African Tulip Buttercup Tree Geiger Tree Golden Rain Tree Golden Shower Jacaranda Orchid Tree Dwarf Poinciana Royal Poinciana Yellow Poinciana Queen Crape Myrtle Red Silk Cotton Schizolobium Silk Floss Tree Yellow Elder Pink Trumpet Frangipani FLOWERING TREES COLOR Yellow Red Yellow Orange - Red Yellow Yellow Bluish - Purple Pink, White, Lavendar, Rose Red, Orange, Yellow Orange - Red Yellow Blue - Pink Red, (Pink or Yellow) Yellow Pink, White, Lavender, Red Yellow Lavender White, Pink HEIGHT 20-25' 40-50' 25' 15-20' 30-35' 20-30' 35-45' 20-30' 12' 30-40' 30-40' 30' 50-75' 25-35' 30-50' 15-20' 20-25' 10-20t 3.3.2.3.2 ' P l'anned ~In~d~s'tr~i'al· 'D'eVelop~en't s Goal for future designation of PID's should be continued. Land now designated as PID and M-1 will be exhausted by year 2000 or before. Designation of future land to hold future job producing industries should be kept as a top, priority item.. Types of industries and business permitted in planned districts must be flexible or new types of businesses will be automatically excluded even when they do not have an adverse effect on the area or neighbors due to the length of time now required to make changes in the Comprehensive Plan. (The recent denial for a Gymnastic Training Center in Boynton Commercenter is a good illustration of an opportunity lost to locate a clean service industry of a new type needing the use of an industrial/warehouse type building because of cost constraints.) 3.3.4.4.4. C-2 Uses Complete review, revision, and'expansion of permitted uses should be undertaken in order to provide location opportunities to a greater number of businesses. Boynton Beach's expanding population presents a growing local market that should have the opportunity to shop at home. Economic ~Imp'act ' 'Industrial''and Commercial Properties Adequate, decent housing, in a variety of sizes, styles, and prices is an absolute necessity for a vibrant, growing, successful and alive' city. However, the fact remains ~hat bedroom communities, with rare exceptions, do not have a tax base large enough to support the governmental services demanded by their citizens without tax rates that are extremely high and out of the reach of all but the wealthy. Boynton Beach is not one 'of these exceptions. It must have -2- western boundary to anything short of the E-3 Canal minus the excluded area, automatically breaks its pledge. To do this does not present Boynton Beach in a favorable light, l~'/ -2- and must seek the tax base provided by industry and business in order to pay its bills and provide its services and programs. This fact must be realized and acknowledged by the citizens, government, and boards of Boynton Beach. Industrial and commercial property needs to be provided and protected from encroachment by other's for it provides the tax base and dollars needed to make Boynton Beach work. Ail need to respect the fact that life in Boynton Beach is a two-way street not a one-way street. 3.5 3. ~5.3:3.4. Page 157~ 3.5.4.1. Page 158 3.5.5.2.3. Page 161 3.5.6.2.2. ~-~'Page 163 Traffic and Circulation Collectors Knuth Road should be added as a collector road. ~ Con~es ted Streets Military Trail from Boynton Beach Boulevard to Golf Road has been widened and should not be classified now as a Congested Street. Military Trail north of Boynton Beach Boulevard or south of Golf Road should be classified as Congested. City Knuth Road should be added to a list of major street maintenance by City. Street Improven~ts Boynton West Road - West of 1-95 4 Road will be 6 laned in 1986 not '4 laned. Road needs to be 4 laned to U.S. 441 and not to the Turnpike by year 2000 S.W. 15th Avenue West of 1-95 4 Road should be extended to Jog Road instead of Quail Lake West Subdivision. 3.5.7.4.2.2.3. Page 172 22nd Avenue and Con ,gress Avenue ~ Intersection will soon need a left turn signal. 3.5.8.8. Page 176 & 177 Suggestion should be made for a location for co~mter rail service station parking facilities. Needs to be in place within three years. Comprehensive Plan must push for all roads in the Boynton Beach area to be developed to the widest extent possible and secure the necessary right-of-way and funding to build them to capacity. 3.8.4. ~'Pages Annexation Policies 210~ &' The limitation of annexation is based on policies designed to square 211 ~ ' off the western boundary of the City at Lawrence, Knuth, and Barwick Roads. This proposal is based on an advisory referendum held in 1984 in which 1/3 Of the registered voters went to the polls and by a large majority indicated they were not in favor of expanding the City to the West. On July 3rd, 1969, a reserve annexation area was established for Boynton Beach in House Bill 2694 as a special act of the State Legislature. The effect of this legislation was to preclude the incorporation of amy additional cities, towns, or villages in the reserve annexation area. The reserve annexation area lies between Hypoluxo Road, the Intracoastal Water- way, the LWDD-L3~0~Canal, and the E-3 Canal with the exception of the Town of Hypoluxo in the northeast corner and Pine Tree Golf Club, Quail Ridge south-of Woolbright, the Village of Golf, Delray Dunes, Indian Spring, and the open land south of Woolbright Road in the southwest corner. On May 16, 1972, the City of Boynton.Beach, in order to efficiently implement the Plans for Regional Water Supply, Treatment and Distribution, and Regional Sewage Collection, Treatment and Disposal accepted the designation as set forth in the Plan. The Utility Service area basically includes the area between Hypoluxo Road, the E-3 Canal, and the LWDD-L30 Canal except the UDC development Parkwalk, Indian Spring, Delray Dunes, ~Village of Golf, and Quail Ridge south of Woolbright Road. The result of the special state legislation and the County Utility Service agreement is to establish an area in which the City has given its word to provide water and sewer service and to annex the land in an orderly manner as provided by Florida state law. As developments request water and sewer service in this area, the City requires the developer to sign a contract to reques~t annexation at the time the development becomes contiguou: to the City. ~ However, the City, by proposing annexation policies to restrict the Cii:v., ~.:~f Bovnton ,:,'c:'t=-,=~u~ To 14hom :i.t may (]orHEerrl:l 0DDo$itioD to,, R~: High, Density and/or Commprcial The Bc-,ard o-~ Gol..Fview Harbor H~meo~.~ner's As!~.ocia'kic, n as been advised ... .-t4 ] - - . a re-,'_:'.oniFlc] propc, sal b'.,/ F,~nor Corpnration. The re-zoning proposal ~s Yet changinq 't:he southeas'b corner o-~ GoI-F Road -'-r~ - - ::.'., .~' L.:iDngreiss" - Yrem single - ~-- ven C~e -Family homes to c:ommercial. ]-here has been a long tnistory o¥ this intent by M:ilnor Corporation. ]'here has been ar'-; equally ic,.nq o~position to 'tinzs in'kent by tine ~ .... ~ · - . , ,,~m_owners o~ Go t '~ v i et,, ........ ~ ._,~ · .- ~::-:p ,='=..:..~, ,. :i. n.'.~ Gal vi. aw Har!:.,ar res:~ den'ts t,,,:c, ul cl i ~. ke to record a .,=ormaZ[ cq::.',posi i.- .....4 ,::::,~"~ a,::~., ai nsi"_ ~',_,:zs ~'' ' re-zisni i-'~(~ attempt. (,ge +'eel :~.' '",.: i s z' n the besi: in't:er,:-:;.:,st c::,.~: the maior].i: ..... .., y U, ---nc= ,i'-~,h~LJ.'/'~!i,af, ~=.-. Ir] GOiV:LE, V~ H..'.:irb(21'"~. thai: the nei q].., ,,_.,:_.,, ,,u,:.¢u r'~¢.'.':= Pr"eser'ved a-..'~.~.~¢ am~. 1 y c on c (-'_.?D 'b = -r~.- - - a c c)m m e r c i .:'::'~. 1 ............ ' ....... F'~'k =' ' ~...~r u.--' :I ~=-u_. .-'..._i O (::)l...~E' Fiei ~F'li:3,-',~'-?];":£-~ .?-JC, U.]....:i E.:~-.':r..i ...... ,.'E~.£) I J. S h <7.:'; p e r fi] <9.~] -" '"' .......... ~-~F~ ~.. ....', Eontr E~l C) i"- ,, Ageing, :l.e't us s"i':.a'ke 'L".ha'~: the Board repres,~;-.',n'~.:ir.'.,(.;:j the Homeo~,-~.ners o--F Gold,-- ~ ~1 e~--. H.~i~'['~('"q,- E~F"e c3j:]piBsed i':o 4-t~ . ....... . . ~:~. ~ i-~-zoP, l!]q o-f ti"ie '-]~.ou'.'~he..'£~!.z.'~ (:orner o,~ {30]..{: R(:'.,~'..'~c:i and ,t::.':c:,r"~,'_:.;ire,:-:~,s Aver"~ue= Me hope th..'~.t (3,'._q," ,::::,ppos:~t:~c,r'~ Mi Ii be aorlsid...';.~re,..:1 ..-'.:',.r'id s::.u.i:.',por-.i.-.'.c..-.:,d i-:)y 'the C'ity (s.F :(.-?,oyr-~tc, n :E-:,;..'~,ach. Patri chi a S?~,., :(.:-::iDard Mem::,,:-'~,r ADDENDUM "E"