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Minutes 06-16-86MINUTES OF THE SPECIAL PLANNING AND ZONING BOARD MEETING HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JUNE 16, 1986 AT 7:30 P. M. PRESENT Walter "Marty" Trauger, Chairman Garry Winter, Vice Chairman George deLong Marilyn G. Huckle John Pagliarulo Simon Ryder Robert Wandelt Norman Gregory, Alternate William Schultz, Alternate Carmen S. Annunziato, Director of Planning Tim Cannon, Senior City Planner Chairman Trauger called the meeting to order at 7:35 P. M. and recognized the presence in the audience of Mayor Nick Cassandra; Vice Mayor Carl Zimmerman; Councilman Ezell Hester; Councilwoman Dee Zibelli; City Manager Peter L. Cheney; Owen Anderson, Executive Vice President, Greater Boynton Beach Chamber of Commerce; Steve Cohen, Sun Sentinel; and Former Mayor Harvey Oyer. NEW BUSINESS PUBLIC HEARINGS Comprehensive Plan Evaluation and Appraisal Report - 1986 Mr. Cannon informed the audience that forms were in the back of the room that they should fill out and bring to him if they wished to speak. The Chairman would use the forms to call people up to the microphone. Mr. Annunziato told the audience they were joining in an experience offered to them through the State Statutes, and that was to review and comment on the Comprehensive Plans. In this instance, they were looking at the Evaluation and Appraisal Report. It is a requirement of the State Statutes that all Plans be revisited and that an analysis be performed as to how effective the local government has been in imple- menting the Comprehensive Plan. Boynton Beach's Comprehensive Plan was adopted in 1979. The City Staff prepared a series of recommendations, which were forwarded to the Board. The Board has conducted five workshop sessions, at which time they went through each of the proposed elements as they mimic the Comprehensive Plan. When adopted, Mr. Annunziato said the Evaluation and - 1 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 Appraisal Report will become an amendment to the Comprehensive Plan and will then become the land development policy book upon which all land development regulations and applications will be evaluated. He urged the audience to become involved and to make comments and recommendations to the Board for the intent of them possibly being incorporated into the final document. 1986 Legislative Session - Mr. deLong In the interest of being as up-to-date as they could possibly be and knowing that this City is quite a bit ahead of some of the other cities, Mr. deLong said they have known for quite awhile that there may be some rather significant changes on the State level to the Comprehensive Plan. He felt what the Legislature passed should be reviewed by the Planning Department, and the Comprehensive Plan should be brought up-to-date. A lot of local cities have been lobbying for greater auto- nomy so that they are not completely dictated to by the State, and the State would have nothing to say about the City's economical ability to do some of the things the State has mandated. Mr. deLong said the changes are significant and extensive. He requested that the "Legislative Hotline" containing a "Final Report of the 1986 Legislative Session" be given to the Recording Secretary for the Planning Department's review so that when the P&Z Board sits down to vote on the Comprehensive Plan, they will be up-to-date. For instance, there were such items as pieces under five acres not being subject to the twice a year application for a Comprehensive Land Use change. Mr. deLong said it had mostly to do with the Glitch amendments, community affairs, and jurisdiction over the local authority. Recommendation That No Actions Be Taken At This Meeting Mr. Ryder thought they should consider it but should hear from the people in the audience. They should also consider the amendments that were suggested during the workshop meet- ings. The Board would hold off any motions for approval or any actions because they will have another meeting next week. Hopefully, at that time, all of the results will be in, and the Members will then be in a position to vote. There being no objection to that procedure, Chairman Trauger said the Board would accept Mr. Ryder's recommendation. - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 People Allowed to Speak Mr. deLong asked if anyone would be allowed to speak or if just people that filled out forms could speak. Chairman Trauger replied that those that filled out forms would be heard first, but anybody could speak. Tasks To Be Undertaken By The Board Mr. Cannon said the Board had to take comments from the public, which he would write down and attempt to instill into a list similar to what he passed out last week. Tonight, Mr. Cannon wanted to listen to what the public had to say. Next week, the Members will have not only the list of comments given to them last week, but there will be an addendum to that consisting of comments from the public. The Board can then go down the list and vote on each one. Chairman Trauger declared THE MEETING WAS OPEN FOR THE PUBLIC HEARING. crime Watch Group - West Ocean Avenue This group signed a petition, stating they noted the notice of land use change and were against the proposal. Chairman Trauger asked the author of the letter to explain the letter to the Board. Valerie Brooks, 434 N. W. 1st Avenue, said the group went to a P&Z meeting and were gratified to find they did not have to have an apartment complex built on the Arenado (Numero Uno Capital Corp.) property on N. W. 4th Street. They have empty lots in that area and are concerned that multiple housing or a day care center will be allowed in there. Ms. Brooks said they wanted to go on record as wanting that area to be retained as residential. Chairman Trauger asked if the Members understood where the area was. Mrs. Huckle did not and asked, "N. W. 4th and what else?" Mrs. Brooks replied, "N. W. 1st Avenue, which is the street in back of the Holiday Inn, and West Ocean Avenue in the 400 block. Empty lots are in the whole area. Last year a plan was presented by the Arenado family for a condominium complex in there. Mr. Ryder asked if this was just east of 1-95. Ms. Brooks answered affirmatively. Mr. Cannon advised that it is currently zoned R-iA. Mrs. Huckle asked if it had been targeted for a change. Mr. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 Cannon answered, "No." The group was not sure if it was or was not, and Ms. Brooks repeated that they wanted to be on record. N. E. 5th Avenue - CBD District Mr. Gene Di Pace, Lake Worth, has a business at 517 N. E. 5th Avenue, and wanted to know what is taking place with the rezoning of the area at this time. He wanted to go on record to be sure they do not lose the type of business they have there. If they are going to eliminate this completely, Mr. Di Pace was against it 100%. So many things are being changed in the City, Mr. Di Pace could not understand what was going on. Mr. Cannon asked what the name of Mr. Di Pace's business is. The business was ABC Auto Center on U. S. 1, next to Goodyear. Mr. Cannon informed Mr. Di Pace that property and all of the property along U. S. 1, up to N. E. 6th Avenue, has been zoned as a Central Business District (CBD). He believed Mr. Di Pace's business is auto sales and repair, which is not a permitted use in that zoning district. However, it is a legal, non-conforming use. If Mr. Di Pace has an occupational license at that address, Mr. Cannon said he could continue that business indefinitely. Mr. Di Pace has had an occupational license since 1970 and has an automobile repair business, but he was told that he could not sell his business unless changes are made to the new CBD regulations. Mr. Ryder told Mr. Di Pace the CBD is a distinctive district because of the downtown renovation area. Mr. Di Pace noticed they were relinquishing automobile repair businesses in the new district completely and were phasing out his entire business that has been there for 15 years. He asked where he stood with the City. Chairman Trauger informed him that he could continue his business as long as he stays in that business. If he would die tomorrow, Mr. Di Pace said his wife would have to sell the business, and he asked what she would do then. Mr. Cannon answered that the non-conforming business runs with the property, not with the owner. Therefore, the business could change ownership a number of times and still be a legal, non-conforming use. It could continue to operate as whatever Mr. Di Pace is licensed for. If Mr. Di Pace discontinues the business and the occupational license - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 lapses for more than six months, beyond that point, Mr. Cannon said it could only be used for a use which is allowed in the CBD zoning district. If Mr. Di Pace keeps the busi- ness in operation and keeps the occupational license current, it could continue as a non-conforming use indefi- nitely. Mr. Di Pace asked Mr. Cannon to explain "non-conforming use". Mr. Cannon explained that "non-conforming use" means it is not allowed under the current zoning, but it existed at the time that zoning was imposed. If it is a legal non- conforming use, it means Mr. Di Pace can continue that business, provided he does not expand the floor area of the building. Mr. Di Pace has had the property since 1969 and purchased it according to the amendments made at that time for regulating automobile businesses. He conformed to everythng the City put before him as far as zoning, the CBD, and beautification. At this moment, he felt if the rezoning plan goes through, something will happen to the property that will cause him not to be able to sell it. Mr. Di Pace said he already tried to sell his property, and someone spoke to Mr. Annunziato. Mr. Annunziato told the person he could not promise him anything as far as selling the business and keeping it as it is at the present moment. Mr. deLong advised Mr. Di Pace that his zoning has already been chang~ed. Mr. Ryder added that it was not a result of what was happening tonight. It had already been done. When the CBD was established, there were public hearings, and people were advised that this would happen. Mr. Ryder thought Mr. Di Pace's point was well taken because probably other people present tonight were also involved. He reiterated Mr. Cannon's explanation. When Mr. Di Pace asked for that in writing from an involved citizen that works for the City, the citizen said he (the citizen) could not do that. The citizen told Mr. Di Pace he would have to continue on and take the City's word for it. Mr. Di Pace did not take that too lightly. Chairman Trauger advised Mr. Di Pace that he was reading it into the record, and a copy of tonight's meeting would be made. Mr. Ryder pointed out that what the Board does tonight would not change Mr. Di Pace's situation or anybody else's in the CBD. In other words, Mr. Di Pace said he had freedom to walk away from the Board and say he would not have any - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 problems in selling his business to anyone in the future, and he can maintain his business as such the way it has been programmed. Mr. deLong answered, "Providing you do not leave it vacant for six months." Chairman Trauger added, "or try to expand the floor area." Lake Boynton Estates, Area 44, and Area 25 Gary K. Lehnertz, 619 S. W. 2nd Avenue, Vice Chairman of Lake Boynton Estates Homeowners Association, wished to comment about the downgrading of Parcels 24 and 25, which is the area directly south of Lake Boynton Estates bounded on the south by S. W. 4th Avenue, on the east by the railroad tracks, on the south by Woolbright Road, and on the west by, he believed, the C-4 Canal. Two areas are in there. The first is Area 44, which is a residential area, zoned for single family homes, Medium Density. The Planning Staff has recommended that the Compre- hensive Plan bring that to single family homes, R-lA, Low Desity. Lowering of the residential zoned area brings that area into conformance with Lake Boynton Estates, which is the area directly to the north. Mr. Lehnertz said it also brings it into conformance with other general areas of the City, which are residential and Low Density. Lake Boynton Estates feels the lower density will enhance the future development that is sure to occur in that area and will be a general plus for the City as a whole. A second part of that is presently zoned R-3. The City Staff has recommended downgrading to an R-2 zoning. Lake Boynton Estates believes that will be very beneficial to the area as a whole. It is a very narrow strip of land, and duplexes would be far more enhancing to the single family homes than multiple story apartment buildings. That would also bring the little strip in conformance to the area north of that, which presently has duplexes. Area 25 is the area directly to the south of the residential area. There is a recommended zoning change from C-2 to C-1. Lake Boynton Estates feels it is highly advantageous, since the establishment of offices would be far more positive than unnecessary retail stores. They already have a great number of stores at Congress Avenue, Boynton Beach Boulevard, and the new Mall. If an industrial road is established, Mr. Lehnertz hoped it would be north of that commercial area and not through any of the residential areas. - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 Mr. Lehnertz moved to Boynton Beach because he thought it was a nice, suburban type of town. It looked to him like the City Staff was trying to make Boynton Beach a better place to live by lowering some of the densities. Mr. Ryder understood that Mr. Lehnertz concurred with the recommenda- tions as to Areas 25 and 44. Mr. Lehnertz answered affirma- tively and added that Lake Boynton Estates hoped the Board would take the City Staff's recommendations. Historic Buildings Former Mayor Harvey Oyer, 227 S. W. 15th Avenue, informed everyone he was born in Boynton Beach, has lived in several types of housing in the City, and owned various places. He thanked the Board for sending letters to the various organi- zations in town and said he is President of the Historical Society. At the present time, the Board of Directors of the Historical Society did not have any recommendations to make. Mr. Oyer is also a Trustee of the Historic Preservation Board of Palm Beach County, which is a Statutory Board appointed by the Governor. For those who own buildings of a historic significance (basically 40 years of age, although some are less), he said there can be some substantial tax credits for improvements. Former Mayor Oyer could not see that this Board could add to the tax problem but did foresee that there may be property developers that would acquire properties with buildings of historical significance. He thought it might be wise for the City to consider, if a request comes in, that they be allowed to restore that building and not count that building site against the total building site of the area. He thought there were ways the Planning and Zoning Department could encourage the preservation of older buildings. Mr. Oyer did not believe you should preserve every building simply because it was old. He referred to World War II and thought the City was going through a change where they can select, from time to time, historic buildings and preserve them. It will give a greater sense of identity and pride in the community. Mr. Oyer was not aware of any specific building that the Historic Board had in mind, but felt there would be requests in the future. CBD and Community Redevelopment Agency In regard to some of the properties he personally owns, Former Mayor Oyer hoped the CRA had in it something that if - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 the geographic areas are expounded, it would be helpful. The CBD allows a greater percentage of land use, but it also permits a mixed occupancy. It was his understanding that out of the CRA area, the Ordinances have not been changed. In Mr. Oyer's opinion, as a real estate broker and a human being, one of the biggest economic losses has been the loss throughout the country in the internal parts of the cities. He referred to Washington, D. C., Europe, and the U.S.A. Older Section of Town Right now, Former Mayor Oyer said the City is being faced with what he compared to buying an automobile. He has generally been a used car buyer, but said when .the City does its housing that way, abandons it, and creates slums because they have lost the living amenities in the neighborhood, they have a blight that ruins the City. He referred to institutions facing changes and called attention to a nearby church that is trying to buy and go somewhere else. Mr. Oyer was not speaking for the First United Methodist Church he belongs to but spoke to the fact that in attempts to be concerned with expansion, you can see the reluctance and fear of many people in investing a substantial obliga- tion if they feel the area around them is deteriorating. He thought a lot of the deterioration was home ownership, as opposed to absentee ownership. Swapping of Amenities, Deed Restrictions, and Setback Requirements Former Mayor Oyer thought Boynton offered an opportunity of being able to see if they can devise some plans to swap off amenities instead of having a rigid Code. He questioned whether there were any things the City could swap to encourage people to live there. If not the present owners, maybe some- bOdy else could see the advantage. Mr. Oyer went into detail. Former Mayor Oyer lives in a subdivision with deed restric- tions, and he thought the City could accomplish a great deal through deed restrictions and allow as much flexibility in zoning. In the older section of town, he thought one of the amenities that may very well encourage a new breed of home- owners would be to waive some of the setback requirements and allow the construction of detached garages closer to the rear setbacks. The way lots are designed in this City, it is almost impossible to have a detached garage or a detached - 8 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 garage with an apartment above it. in Australia as an illustration. Mr. Oyer gave property Former Mayor Oyer said there are many things they might consider in this community to encourage people to maintain or buy residences in the older sections and upgrade them. He did not think the answer to cleaning up the City was to put more people in air conditioned offices. Mr. Oyer wondered if green dumpsters with wooden fences around them would not upgrade the pride people can have in their homes. He thought those things were extremely important to maintain- ing the living amenities. Commercial Or Office Occupancies In Lieu Of Single Family Classifications Those in the real estate profession believe the highest and best use of a property is to be able to use it for a single family home. Events can change the desirability of doing it. Mr. Oyer said sometimes the approaches they see of trying to keep an area zoned at a high single family classification to appease others because there has been a change in circum- stances creates a situation where the people move out, and the area deteriorates. He thought in some of the areas in the community, the City would benefit by allowing commercial or office occupancies in lieu of the single family and duplex zonings. They would have greater control, as a City, in setting up job site requirements. In the change of the uses of the tenants, Mr. Oyer said the City would have better control of keeping them up to Code. Mr. Oyer said he could show the Members places around town that have been zoned for single family or duplexes to appease the homeowners close by, and it has actually become a cancer in the neighborhood. Area 23 or 24, on Woolbright Road As far as property Mr. Oyer personally owns, there are two blocks that are still zoned R-1AA. Everything else is public, commercial, or multiple family use from Congress Avenue to the Intracoastal. Except for a widow, he is the only one that has continued to live in the home he has owned since Woolbright Road was changed from a two lane road to five lanes. The other residents are either using their homes for a place of business or have moved out and put their in-laws in the place. Mr. Oyer did not think that created a desirability to improve the homes and thought that - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 particular stretch should be rezoned to some form of commer- cial or office occupancy. N. W. 3rd Court and 1st Street Agnes M. Fitzpatrick, 136 N. W. 3rd Court, has been a resi- dent of Boynton Beach since 1961. With Ms. Fitzpatrick was her neighbor, Rosa Santiago, 312 N. W. 1st Street. Also present was Matthew Earley and his mother, Velma Earley, of 126 N. W. 3rd Court. Ms. Fitzpatrick said this is the area in back of the First Baptist Church at the corner of Seacrest Avenue and Boynton Beach Boulevard. These three residences are not commercial. Boynton Beach Boulevard is commercial. Ms. Fitzpatrick requested that the three residences be zoned commercial, if any changes are made with the church or any building that may occur in the future, these residents feel it would be more feasible for anyone wanting to have more freedom in the development of that block. Ms. Fitzpatrick confirmed for Mr. deLong that they want it to be zoned commercial. She said the little road beside the Baptist Church is N. W. 3rd Court, going from Seacrest west. Low Density Areas Contiguous to Commercial and Industrial Areas Joseph R. Molina, 811 S. W. 6th Avenue, looked at the Comprehensive Plan and did not understand how they put low density housing areas in contiguous lines with industrial and commercial areas without some sort of landscape buffers, so the low density housing areas would remain stable and not become future blighted slum areas. Chairman Trauger asked which areas he was talking about. Mr. Molina did not know the numbers but saw the gray industrial areas meeting up with the yellow areas, which are low density. He knew the residential areas would become slum areas because when they are up for sale the second time around, prices and values will go down. The next corner does not want to live next to an industrial area. Mr. Cannon advised that the Zoning Code already requires that when a piece of industrial or commercial zoned property is developed, the owner has to erect a six foot CBS wall. In addition, an extra setback is usually required between industrial and residential areas. They also have specific - 10- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 regulations for industrial uses which are typically noisy and noxious. Those types of uses are either prohibited with- in 300 feet of residential property or else they require review and approval by the City Staff. Mr. Cannon thought it was unfortunate that some of the older sections of town had industrial or commercial property adja- cent to residential property without a sufficient buffer. It reflected a historic pattern of land use, which was hard to reverse at this point. Mr. Molina asked if it was possible to do something about future, undeveloped, industrial areas that will have an out- flow of traffic onto a main thoroughfare, where low density homeowners will have the same road to use, and both will be impacted with high traffic. Mr. Cannon thought most of the future development in the City would occur along N. W. 22nd Avenue, either in the ~ Boynton Beach Park of Commerce or the adjacent parcels. There will be scattered development along South Congress, across from Hunters Run. Mr. Cannon did not anticipate at either of those locations that they would have the kind of land use conflicts that happened on Railroad Avenue or adjacent to Laurel Hills. Historically, the strip along 1-95 has been used for industrial uses, and Laurel Hills happened to be built next to it. If that area was built now, Mr. Cannon thought it probably would have been developed as an industrial park. It is not possible to reverse the land use category that has been already established. Mr. Molina questioned whether those areas that do not have the industrial areas developed or spoken for will have to put a buffered landscape area between them and Laurel Hills property in their future construction. Mr. Ryder replied that the City has major industrial developments, like Planned Industrial Developments, and the CitY has the opportunity to require the necessary landscaping and buffer- ing. Where it is adjacent to a residential zoned area, the six foot high wall is required. Mr. Molina added, "and no landscaping." There were more comments by Mr. Ryder. Getting back to what Mr. Lehnertz said, when you reduce density from R-3 to R-2 along the railroad tracks and adja- cent to an industrial area, for instance, Mr. deLong thought they were encouraging future blight. As a general rule, - 11 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 when there exists a zoning as severe as M-1 and a railroad track, he said you should discourage putting single family houses or duplexes in that area, when you can build multi- family. What Mr. deLong was saying was exactly what Mr. Molina pointed out. You try to lessen the severity. The way to control it is by doing Planned Unit Developments (PUDs), Planned Commercial Developments (PCDs), and Planned Industrial Developments (PIDs). The control of the City is a lot greater in the buffering, occupancy, and certainly in the architecture. That to Mr. deLong was the heavy consideration here because the City has such an area as he and Mr. Molina discussed, and he believed the solution to that would be some sort of planned development where you would have a lot more say in the City as to how it will be done. Where the property has not been developed yet, in a situation like Mr. deLong was referring to, Mr. Molina asked what the possibility was of having the area looked as a possible recreation park. Mr. deLong replied that all possibilities exist. It is a ques- tion of acquisition costs and whether the budget is large enough. Florida Native Plant Society Chairman Trauger asked if Mr. Clarence Mock, of the Society, was present. There was no response. Day Care Centers Jill Shaw, 680 N. W. 10th Court, off Old Boynton Road in the Skylake Area, has been a resident and worked as an educator in the City at the schools and hospital since 1969, and has not seen much change in the development of child care facilities since that time. She and her neighbors feel there is a growing need for quality care in all of Boynton. Ms. Shaw said a few of them feel they would rather have child care facilities in the neighborhoods, where they would be convenient to homes and safety, rather than having them off busy thoroughfares. She did not feel having a day care center in a residential area was much different than having a public school in your neighborhood. There would be less traffic because there would be much less children and events in the evening. Ms. Shaw wondered what was being proposed. - 12- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 Under the City's Zoning Ordinance, Mr. Cannon said day care centers can be located either in a duplex zoning district, multiple zoning district, or any commercial zoning district. They are conditional uses in all of those zoning districts. They have to have specific approval from the City Council after a public hearing and notification to the surrounding neighbors. In the Evaluation and Appraisal report, since there are so many single parents in the City and since such a large number of families have two wage earners, Mr. Cannon said they proposed that day care centers also be allowed in the single family districts, subject to conditional use approval, and subject to a certain minimum lOt size which has not yet been determined. It seemed the Planning and Zoning Board was not in favor of the Planning Staff's recommendation and that some of the Members of the Board had misgivings about day care centers in single family districts. If there were plans for commercial Day Care Centers, Ms. Shaw asked where they could be. Mr. deLong answered, "In new office buildings." There is such a need for day care centers that more and more office buildings and corporations like IBM and Xerox are building them into their operations While a lot of people may think it may not be a good idea to put day care centers in an R-lA area, Mr. deLong said the State has mandated that you can put them in residential areas up to five children. There is now a change in the verbiage. Instead of being consistent with, you can now say comparable with, or in furtherance of, the Comprehensive Plan. There is now an argument as to whether or not you could disallow them and test this State law, in view of the recent changes this Legislature made, or whether or not the State law would prevail, and then you could put them in residential areas up to five children. Ms. Shaw asked if it would be easier to start centers in Boynton Beach. It did not seem to her that there had been much change. From discussions in the workshop meetings and discussions with the Planning Department, Mr. deLong said the tendency is to liberalize the day care type of operation because there is a need. Ms. Shaw asked if people have come to the City saying they would like to have a license to open up a center. There were further comments by Mr. deLong. Mr. Wandelt said liability insurance is the biggest deterrent. It seemed to Ms. Shaw - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 that there were centers all over the adjoining communities, but Boynton has a handful, and "a ton of people" need the services. Ms. Shaw said they would like to see more happen with it and was glad the City was looking to making provisions for them. Chairman Trauger did not remember any applications for day care centers being denied in the last year. Several years prior to last year, Mr. Wandelt recalled several had been approved, but they never materialized. Mr. Cannon informed the Members they would have an applica- tion next month on N. W. Seacrest Boulevard. There was discussion. Martin Luther Kin9 Boulevard William N. Gager, 459 West Ocean Avenue, was with the West Ocean Avenue group. He noticed they have let the areas around Martin Luther King Boulevard decline, and he wondered what the City was going to do and what he could do as a citizen. He thought it should be cleaned up and that there should be decent housing for people who deserve it and want it instead of them having to live like trash. He was concerned because it is a blighted area. Chairman Trauger agreed that it is a problem with absentee ownership, and he expounded. North Boynton Area Mr. Gager asked if there were any plans for the North Boynton area. Chairman Trauger said there have been considerable committees working to upgrade and improve the area. He told of Rid Litter Day and efforts by Councilwoman Zibelli, the Community Appearance Board and the Community Relations Board. Chairman Trauger thought it was better visibly today than it was two or three years ago. Mr. Ryder said some public housing had also been established in the vicinity of Seacrest Boulevard. Mr. Gager asked if that was really the answer because it looked like there was a breakdown in that area. In the City's growth, he thought they should also take care of those areas and not forget them. Mr. Gager was just getting involved in his community and admitted he was ignorant about City planning, but said he is open to learning what can be done. - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 Chairman Trauger asked Councilwoman Zibelli to come forward. Councilwoman Zibelli invited Mr. Gager to a meeting of the North Boynton Community Improvement Association, at the Clubhouse, N. W. 22nd Street and Miner Road, on Wednesday evening. She noted one of the priorities of the Planning Department is to look at the north end. She said the NBCIA is going to work with the City and get things done. Council- woman Zibelli went into detail about what she intends to do and about future plans of the Association. Mr. deLong thought it would be important for Mr. Gager to know this is the Comprehensive Plan's E. and A. Report, which can be viewed in the Director of Planning's office. He also informed Mr. Gager he could buy a copy and said it very extensively tells what the City has done in that area and has attempted to do. Mr. deLong stated that the City: knows there is a long way to go there. Just to give Mr. Gager an idea, in addition to subsidized housing, Mr. deLong said 74 of 100 dwellings have been rehabilitated in that area since the Comprehensive Land Use Plan was adopted. Under Section 8 of the new construction pro.gram, 89 dwellings have been constructed in the vicinity of N. W. Seacrest Boulevard and 8th Avenue North. Mr. deLong believed greater park acquisition was planned in that area than in any other area of the City. He had further comments and said there are still slums slated for demolition. With the Federal budget being tightened as it is, Mr. deLong said cities have their problems, and this City is trying to find solutions. Corner of 23rd Avenue and Congress Avenue (Area 39) Kathleen (Mrs. Kelley) Kirton, 2526 S. W. 13th Court, noticed on the map this area was shaded for High Density, and she asked what High Density consists of. If that property were placed in the High Density residential category, as a result, Mr. Cannon advised it would then be zoned R-3, which is multiple family, and the City's apartment category. Mrs. Kirton asked if he meant villas, townhouses, and that type of thing. Mr. Cannon answered that the type of ownership was not specified by the zoning regulations. It was possible that if it were placed in that category of zoning district, it could be developed for apartments, rental apartments, or townhouses. Mrs. Kirton lives in Golfview Harbour and was concerned about this because most of the land that she was referring - 15- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 to is on 23rd Avenue. Ail through 23rd Avenue, there are single family homes. The homes in Golfview Harbour, backed up to this land, are very expensive single family homes. Also, across the street is Silverlake With many homes in excess of $200,000. If the developers of Silverlake could buffer their area with a wall and landscaping, Mrs. Kirton believed the developers of these two parcels could do the same thing. Mrs. Kirton has contacted people living in multiple housing. Many of them are not happy and want to go back to single family homes. Mrs. Kirton wanted the Members to realize that they have to have areas in Boynton Beach with single family homes. Not everyone can live in multiple housing because they lose a lot of privacy. Mrs. Kirton saw no reason why either of these corners could not be landscaped and beautified the same as Silverlake has done and thought it would enhance the beauty of the City. Most of this land goes out to Quail Ridge and Delray Dunes. In the other direction is Golfview Harbour. Mrs. Kirton reminded the Board Members that this has been zoned R-1AA for many years. Many residents invested money there, thinking it would be single homes. A lot of people on the canal in Golfview Harbour are elderly, and Mrs. Kirton did not think they would like it, if they knew High Density was recommended. She wished to go on record as requesting that it be left "as is" and saw no reason why it could not be. It might aid the pocketbook of the developer to put it into High Density, but Mrs. Kirton said it did not do much for their tranquility. Mr. Wandelt informed Mrs. Huckle this was Area 39, and it was very similar to Area 35. He believed Mrs. Kirton was referring to the section along Golf Road. Mrs. Kirton informed them that she was referring primarily to 23rd Avenue and all four corners on Congress Avenue. She was talking about the one adjacent to Leisureville and across the street. There was more discussion. Wilderness Islands Mrs. Stella Rossi, 625 Whispering Pines Road, as a resident and Charter Member of the Coalition for Wilderness Island, requested that the Board incorporate into the revised Compre- hensive Plan the Wilderness Island's proposal, which is to preserve and protect the very few remaining Florida native ecosystems within the City. - 16 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 This proposal was adopted by the County Commissioners on May 3, 1984 and will be incorporated into their plan. Each Member had a copy of the proposal. Mr. Ryder noted that the Board had a copy of a letter from Dorothy H. Wilken, County Commissioner, which supported the proposal. Chairman Trauger asked if this had been considered completely in the Comprehensive Plan. Mr. Cannon replied, "Not explicitly." He wanted to ask Mrs. Rossi if there were any specific sites they had evaluated in Boynton Beach. Mrs. Rossi answered that they had looked at one. Only a few are remaining. Mr. Cannon wondered if they could give the Planning Department a list of potential sites. He thought if they had that language in the Comprehensive Plan, the City should also know where the potential sites are. Mrs. Rossi said the Palm Beach inventory is being done now. Boynton Beach will be included in it. However, they would like for the City to go along with Palm Beach County in adopting the proposal. Chairman Trauger wanted Mrs. Rossi to name a specific one so the Board could get oriented. A woman in the audience interjected, "In back of Leisureville." Mrs. Rossi said there is a tract at the south end of Boynton Beach, off of Seacrest Boulevard and the Seaboard Railroad track. A study is being done. There was confusion as to what areas Mrs. Rossi was referring to, and the Members could not get oriented. Mrs. Rossi wanted the Board to accept the proposal into the Comprehensive Plan in advance. Mr. deLong thought Mrs. Rossi wanted the Board to consider coastal conservation areas in the E. and A. Report, and that she was talking about coinciding With that. Mrs. Rossi concurred that was correct. She added that Palm Beach County accepted the pro- posal, and the Coalition wanted the City to go along with the County. Infill Growth Between Leisureville and Seaboard Air Line Railway - Woolbright Place PUD and Woolbright Place PCD Kieran J. Kilday, Landscape Architect, 233 Almeria Road, West Palm Beach, said the parcel of property known as Wool- bright Place PUD and the Woolbright Place Planned Commercial are both under consideration, requesting in the new plan a down zoning of the residential in the commercial portions of these projects. Mr. Kilday knew the Board had seen many plans which were presented before them, but he thought it was important for - 17 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 them to consider a few things because they were talking about the long range plan and something being done to that acreage of property. The City's goals and objectives indicate trying to do a plan where all of the pieces fit together for the residents of Boynton Beach. In this particu- lar case, Mr. Kilday reminded the Board that they were not talking about two separate, distinct tracts of land. They were talking about a very disjointed parcel of property made up of five separate property owners. Mr. Kilday said the goal from Day 1 in developing the PUD and PCD proposals was to take all of those different proper- ties, which have existed there for some time, and try to put them together in a plan that takes out the bad parts of the way things existed there and creates something better. His concern about tonight's proposal was that it would attempt to lock in more severely that separate ownership situation that is out there now and create less incentive for trying to work out an ultimate solution. Mr. Kilday believed there was an ultimate solution to be found for that property. Mr. Kilday drew attention to a map and said the City has Moderate Density planning within Leisureville coming up to this property. He pointed out the property, a railroad right-of-way, industrial property, and then 1-95. The normal configuration would be that the area to the west would get denser as it comes to the east, closer to 1-95 and those other mixed, non-residential properties. Mr. Kilday said Moderate Density seemed to be proper, and that was the density Leisureville developed in. Mr. Kilday said the High Density strip which runs along the railroad track is probably a mistake today, and the recommen- dation to go to Moderate Density is probably a mistake too for the following reasons: If they go to Low Density, Mr. Kilday said they are trying to promote single family develop- ment within this area. What they are doing in going to the Moderate Density along the railroad track is saying that at the end of each of those streets, you can now bump up to a higher density. If it goes to a higher density, Mr. Kilday said it will probably be rental housing that meets the minimum standards because of its relationship to the railroad tracks. What happens is your worst housing surfaces at the end of the street, and that housing then starts affecting the single family neighborhood the City is trying to promote. Mr. Kilday referred to Mr. Molina's statements about buffer- ing and interfacing and said the solution is to promote a MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 PUD of some type on the site. A PUD would get rid of the strip along the railroad, would provide the buffering between it and the industrial, between it and the single family to the north, and between it and Leisureville. The ultimate PUD probably has not been presented yet, but Mr. Kilday thought they needed to try to keep an opening for some sort of PUD proposal in this specific area because he thought that would be best. In addition to the church property, Mr. Kilday said the City has an approval for a single family development running up the west side of the property. If that single family develop- ment, which is a single ownership piece of property, gets going, (the City has a plat approved for that parcel) Mr. Kilday did not see the PUD coming about but saw further development in the duplexes ending at the end of the street. People will come in and determine what they can market. He advised that you have to worry about ten years down the road. Mr. Kilday urged the Board to strongly consider maintaining Moderate Density in there. He thought there was probably a lot of validity for taking High Density off of the track by just making it a Moderate Density throughout the entire parcel. Hopefully, a PUD will come through and resolve all of the other mismatch that has occurred on it. With regard to the commercial area, Mr. Kilday said they still have the dilemna in that if they are going to be servicing the industrial property to the east of them on the other side of the railroad track, they need to figure out how that industrial property is going to be served. Last week, it was determined that it might be premature. On page 178 of the plan, Mr. Kilday noted the verbiage was in the plan that would lock in that road. If the Board had concerns, they should look at it. Mr. Kilday's concern was that if they take the plan with the squiggly office complex shown on it, (they drew the squiggly line for industrial), and it is not the intent, some verbiage needed to be put into the plan. With regard to the actual use of the commercial property, Mr. Kilday again wanted the Board Members to look at the overall area. Currently, everyone knows the most impacted intersection in Boynton Beach is Boynton Beach Boulevard and Congress Avenue, and he explained. Mr. Kilday thought there was validity and the plan had many goals and objectives in talking about putting some sort of retail commercial in an - 19- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 area to service the neighborhood. The plan further goes on to say the City is trying to get a residential community and commercial community to dove tail together. Mr. Kilday thought the reasons listed in the plan which basically concern traffic were probably wrong, or a new study needs to be made. Traffic considerations of a professional office are such that the overall traffic is less, and it dumps tr~affic on the roads at those peak times when traffic is at its worst. Mr. Kilday thought there should be some validity within the PCD Ordinance that the City would allow some sort of mixed use on this property. Last Thursday, Mr. Kilday said the point came out as to whether they would be allowed every use in the C-3 zoning district if they go PCD. A PCD was recommended in the plan, but it said a PCD that only allows office uses. The PCD Ordinance is set up that says they can allow every use in the PCD or the C-3 district, but you can also have a PCD where you restrict most of the uses from that district. Mr. Kilday thought PCD was the way to go, but saying PCD as a special office type was only closing the door on that matter. He did not want to see the door closed on any sort of future rehabilitation. Chairman Trauger looked at the map and asked what the cluttered area was, south of what Mr. Kilday was talking about. Mr. Kilday answered that it was zoned R-3. Mr. Cannon advised that it was Golfview Harbour Estates. Property Owned by First Baptist Church Raymond W. Royce, Attorney at Law, 450 Royal Palm Way, Palm Beach, Florida, appeared on behalf of First Baptist Church of Boynton Beach. The church owns a parcel of property located north of Woolbright Road and west of the Seaboard Coast Line Railroad. Attorney Royce appeared last Thursday and spoke about their concerns for the railroad crossing and the proposal before the Board at that time to fix the location of that crossing and the route of that access road because the access road went through the church's property. They asked a number of questions, and the Board had a number of questions. At the conclusion, Attorney Royce thought the Board generally felt there were a lot of unanswered questions, and the Board voted unanimously not to fix that crossing point or that route. - 20 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 Attorney Royce noted two things tonight from a quick perusal of the plan and from the maps. #1 was, as Mr. Kilday pointed out, the redesignation of the property west of the railroad tracks and just north of Woolbright into an office type designation. Attorney Royce noted that the northern boundary of that proposed change and the boundary which would separate that use from the residential use proposed further north was the same curvy line that they talked about last week. ~2, Attorney Royce noted on page 179 there was reference again to this same access road. He thought it was very clear that the proposed changes, as shown on the City's map and as referenced on page 179, were an effort and an attempt to do exactly what the Board voted not to do last week. He believed the proposal would put the church property into at least two different zoning categories. The proposed access road and the ultimate extension and construction of S. W. 8th Street, mentioned on page 178, would cut the church's property into three separate parcels. Attorney Royce said this obviously would create some very severe planning problems for any future use of the church property. It adversely affects the value of the property, diminishes its usefulness, its value, and potential for use by the church. It was a proposal to change the zoning cate- gories in this area and, in essence, to rezone and lock in office use for church property and, in effect, choose the route which the Board so wisely chose not to choose last week. Attorney Royce suggested some questions that need to be fully answered, as follows: 1. What sort of industrial uses are we talking about? He knew it was already industrial in the Land Use Plan and had some personal feelings about that. If that is going to be the use, they had to recognize (by choosing this route and making the designation of different uses) that they were locking that in and probably expanding the use. 2. What kind of uses will be allowed? What kind will be prohibited? 3. What will the limits of these uses be? What are the hours of operation? What are the smoke effects and the noise? 4. What buffering? 5 Are there going to be new railroad sidings? 6. How many tracks is the access road going to cross? - 21- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 8. 9. 10. 11. 12. Is there going to be a railroad yard there? What is the intensity of uses there? How many warehouses? How many factories? How many square feet? How many employees? Attorney Royce asked the questions because they directly relate to traffic impact and impact of an access road that is going to go right through his client's property. 30. 31. 13. How many total trips are going to be generated by this use? 14. How many trips per day? Per hour? 15. What is the peak load? Is the peak load for those trucks the same as it is for the school children that are coming home and the people going to work that live west of the railroad tracks? 16. Wheat kind of trucks are we going to be talking about? Will they be carrying freight and hazardous waste? 17. What limits are there on trucks going through residen- tial neighborhoods? 18. What is the weight of the trucks? How does this affect the specifications of that roadway? Is that roadway going to have to be extra thick or extra wide? 19. What is the length of the trucks. 20. What is the design of the road, the speed limit, the width of the right-of-way? 21. Will there be sidewalks on both sides of the road? 22. What are the signalization locations? 23. What is the impact on S. W. 8th Street? 24. What is traffic impact on Woolbright Road? 25. What is the direction split of these trucks? How many of these trucks are going to go left and how many are going to go right? 26. What roadway improvements would this access road in this location dictate to the City, and who is going'to make those roadway improvements? 27. Will we have to have these double left hand roads and bridge widenings and strengthenings and things we talked about the other evening? 28. What are the levels of service going to be? 29. Who is going to build the road? Who is going to pay for the road? Is there any liability to the City? What is the total impact on the City, the residents, and all of the neighbors? - 22 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 After these questions have been answered and totally considered, then Attorney Royce thought the City could start a real Comprehensive Plan change. He pointed out that they can only amend the Comprehensive Plan twice a year now, as that is the new State law, and it is a complicated process. The plan change will have to be reviewed by this Board, the City Council, and then sent to Tallahassee for review by the Department of Community Affairs. They have a minimum 90 day turnaround before they will review it and approve it. Then it has to come back, and further public hearings have to be held by the City Council. The Department of Community Affairs may very well ask these kinds of questions or may want to know why this kind of data is not included in this plan. Attorney Royce agreed with the sign on the wall behind the Members and said he was not in favor of the Department of Community Affairs making decisions that this Board and City Council could make. To be responsible, evenhanded and fair, he said local govern- ment has to answer some of these questions and carefully consider the impact that the proposed changes will have on the property of the church, as well as the other neighbors and residents in the area. On behalf of the church, Attorney Royce asked the Board not to approve the proposed changes relating to office on the curvy line they talked about and not to approve the proposed access road or location, as suggested or addressed on page 179, until those questions are answered and until the whole question of what is going to happen on the west side of the railroad tracks is resolved. Attorney Royce emphasized that this is a Comprehensive Plan. He went into detail and stressed that it should not be a hasty plan but should be a comprehensive, well thought out plan. Changes should only be made after very careful consideration of these kinds of issues. He reiterated that the Board was very right last week when they made the decision they made with respect to this access road. Attorney Royce told the Members they would be right again if they would del.ay or defer the matter until such time as all these questions as to what is going to happen in this area can be comprehensively answered, and the entire area can be comprehensively planned. - 23- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 Property Located at Northwest Corner of 1-95 and Woolbriqht Avenue Martin Perry, Attorney at Law, 515 North Flagler Drive, West Palm Beach, Florida 33401, representing Tradewinds Development Company, said their concerns were threefold as far as the Comprehensive Plan was concerned. 1. Attorney Perry objected to any change in the current Comprehensive Plan that affects that area, which is the subject matter of a lawsuit currently pending against the City, relative to what they believe to be the wrongful denial of a PUD application. Based upon the language set forth in this E. and A. Report relative to that residential land, (and he could cite pages) in his legal opinion, Attorney Perry said they thoroughly reflected an effort to deny his client the equal protection of the law. Attorney Perry stated that his client was being treated differently, with respect to his property, than other similarly situated pieces of property. One in particular specifically noted in the Comprehensive Plan was a 104 acre parcel opposite the Boynton Beach Mall. The recommendation for that parcel is that it stay in the Medium Density range. In support of that recommendation, in this plan is the statement that it is easily accessible. Attorney Perry suggested that their piece is much more easily accessible. They are right on 1-95 at Woolbright Road. It is near a high activity center, and he suggested that they meet that. In addition to that, Attorney Perry said the other parcel does not have a railroad as its eastern boundary. It does not have an industrially zoned piece of property lying opposite the railroad, and it does not have 1-95 on the other side of the industrial park. Ail of the factors that mitigate in favor of a higher density for that 104 acre piece are here in a greater concen- tration, and Attorney Perry suggested that it was a denial of equal protection for his client. 2. As to the commercial, Attorney Perry recalled they talked the other night about whether or not the Winchester request included a request for alignment of the industrial access road. After a significant number of comments, there was a decision not to consider the crossing. For this evening's purposes, he suggested that, as pointed out by Mr. Kilday and Attorney Royce, there is clear, specific, straightforward language throughout the plan, in at least three or four places, that identifies this access road. - 24 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 Attorney Perry stated that they do not object to Mr. Winchester's property having access unless their PCD and PUD are not going to be approved in some form or shape because if not, and if with what they are to face here is single family residential, with that railroad coming through it, they will object, because it does not make any sense to run a railroad crossing through a single family neighborhood. That leaves them with the commercial. 3. Attorney Perry said the City had a recommendation that the C-2 that currently lies along Woolbright be extended northward to conform to the current line on the maps, which they were objecting to, and that all of that additional land be allowed to go to Office/Professional. From the very language also set forth in the plan, he said that made absolutely no sense. Language in the E. and A. Report says "neighborhood and community commercial should be loCated at major intersec- tions of arterial and collector roads." Attorney Perry said that was what this is. They have 1-95, Woolbright, and the proposed S. W. 8th Street. In addition to that, statements in the Report reflect that the buildout for professional offices is some 25 to 30 years. There is a gross oversupply of professional offices. Notwithstanding that and notwith- standing that this particular area lends itself to neighbor- hood community commercial, there is a recommendation of a significant, additional amount of Office/Professional. Attorney Perry suggested that hit back to ~1, "Is this the right planning they were talking about, or is this an effort to deny this property owner the equal protection of the law because he fits in areas where otherwise in this City, you will allow him to do what he is asking to do?" Shooters Restaurant Reg Moreau, 3033 N. E. 32nd Avenue, Fort Lauderdale, one of the partners in Shooters Restaurant here and in Fort Lauder- dale, objected to the rezoning of their property because about six months ago, they purchased Lot 7, which was zoned C-4, for a great amount of money. They did that because it was zoned C-4, and now the City was proposing to change the zoning beneath their restaurant and also the lot they just purchased. That will devaluate the property. If they looked at the map, Mr. Moreau said the Members would see the frontage of Lots 8 and 9, which they also own, are - 25- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 zoned C-3. If the City really wants to keep everything continuous, the back of Lots 8 and 9 should also be zoned C-3 so that the entire frontage and depth of the four lots would all be C-3. Mr. Moreau thought they could probably live with C-3 if the entire lots were zoned C-3. Mr. Moreau informed Mr. deLong that Watersedge is on the south side of the last lot, but the front half of those lots are all zoned commercial. They are not developers but are restaurateurs, and they actually bought the property to protect their position with the parking. They are trying to develop that property and obtain extra parking. If you look at the front half of Lots 8 and 9 already being commercial, Mr. Moreau said it would make sense to zone the back halves commercial. Developers from Miami and Fort Lauderdale have looked at the property, but every time they start to negoti- ate, the developers go to the City and find out that the back halves are not Commercial, and they abandon the idea. Mr. Moreau thought people at Watersedge would be better off if both the front and back halves would be zoned C-3, so something beautiful could be done with the property. Mr. deLong asked what the intended change in that area is. Mr. Cannon replied that they were proposing that the property now zoned C-4 be rezoned to C-3. It was formerly zoned as a marina, and the City does not think C-4 zoning is appropriate at that location. Mr. Cannon could not see where the owners would need that C-4. Mr. deLong did not think the owner objected to that. Mr. deLong asked if the tentative plans were to zone it other than C-3. Mr. Cannon answered, "No." Mr. deLong questioned whether part of it was presently zoned residential. Mr. Cannon believed one lot north of Watersedge was zoned R-3, and said they are not proposing to change anything but the property now zoned C-4, which includes Shooters and the lot to the south of it. That property will be zoned to C-3 and will still allow for restaurants, hotels, and just about any retail use. Mr. Cannon confirmed that they are propos- ing to leave the residential zoned residential. Mr. deLong pointed out that was just the back halves of the lots and not the frontage on Federal Highway. He asked if Mr. Moreau was asking that the back portion also be zoned C-3. In order to take away their C-4 on Lots 6 and 7, Mr. Moreau said they were suggesting that all of the lots be made C-3, which would mean they would all be the same, and they would be continuous instead of spot zoning, where they - 26 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 have C-3 in front of some R-3 and some Commercial. He thought a development on the property, if the entire thing was C-3, would make a lot more sense to the residents of Watersedge and to them. Mr. deLong observed that there are certain problems there now with noise levels. If they keep that residential, the City will probably have a lot more problems of the same nature. While it may not be C-3, he suggested they look at C-2 in that area. Mr. Moreau said it was a possibility. He thought if they could bring in some examples of some well designed small shopping plazas for day time use, it would probably be better for the people at Watersedge. Mr. Wandelt asked if Mr. Moreau was primarily concerned about parking. Mr. Moreau replied that their original reason for buying the property was the fact that they had to buy all three lots in order to purchase the one. The one lot is C-4, which substantially raised the value of that lot because it is the only C-4 lot up there that is on the water. If the City takes away that classification, it will affect the value of the land they purchased. Mr. Moreau was suggesting a compromise he thought would be good for the community, most of which are the people from Watersedge. The front halves of the lots are zoned C-3 anyway, and he told the Board to just zone the back halves of the lots C-3. It does not look right to see Residential locked in behind C-3 zoning. Mrs. Huckle noticed it said the portion of Watersedge com- munity, which fronts on U. S. 1, should be changed from its present Commercial designation to High Density Residential. That was the reverse of what Mr. Moreau was suggesting. Mr. Moreau was not talking about the property in front of Watersedge. It was the next lots north of that. Mrs. Huckle reminded him that he referred to the fact that it would be good for Watersedge as well, and she asked if he could explain his assumption. If you look at it the way it is now, Mr. Moreau said the front is Commercial, and the back is R-3. If something beautiful and decent is planned for that property rather than just throwing up some condominiums in the back and having a noisy front, he was sure it would be more accept- able to the people of Watersedge. Mr. Moreau explained that you can do a lot more with something that is larger for commercial development than you can if you are just doing these different cuts. - 27 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 Mr. Moreau told Chairman Trauger to remember that the C-4 lot can be used for anything and does not have to be used for parking. They bought it for parking, but they also want to put something else on the lot. Mr. Moreau continued that you cannot pay millions of dollars for a piece of property just to park cars on it. Chairman Trauger said the Board would take this under advisement. Chairman Trauger had no more requests from people wishing to speak and asked if anyone else in the audience wished to speak. City Map and High Ridge Road Marion Peirano, 120 S. W. 8th Place, was delighted to know she could buy information about the plan. She had a 1986 map of the City, which she thought was already outdated. She asked whether High Ridge Road had been annexed and said it was not shown on the map. She was informed that parts of High Ridge Road have been annexed. Watersedge and Shooters Michael Greenhouse, 618 N. E. 20th Lane, who lives in Waters- edge, next to Shooters, asked what C-3 and C-4 are. Mr. Cannon replied that C-3 basically allows for offices, shopping centers, restaurants, marinas, and, he believed, boat sales were allowed as a conditional use. C-4 zoning allows all of the uses that C-3 allows, plus a number of heavy commercial uses, including wholesale; automobile repair; the sale of tires, batteries, etc.; roofing; and electrical supplies. As he stated earlier, Mr. Cannon did not think C-4 zoning at that location was appropriate, and it was hard for him to conceive of any use the owner would want to put on that property where he would need C-4 zoning. C-4 is a heavy commercial zoning district similar to what is further to the south (the automobile strip along U. S. 1). Mr. Greenhouse referred to the area just north of Watersedge and south of Shooters, that they were just talking about. He thought two lots were in there, but now it was sounding like there were three lots. Mr. Greenhouse asked how much rear portion there was, in proportion to the front. Mr. Cannon imagined that it was about 200 feet. Mr. Greenhouse understood Mr. Moreau was proposing that it all be changed to C-3, so he would be able to put up a restaurant. He - 28 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 recalled awhile back, there was talk about putting in some type of hotel that had no restaurant or bar, but it was "killed" just before the meeting they were to have regarding it. Mr. Greenhouse questioned whether a hotel would fall into that C-3 designation, if it had no restaurant and bar. Mr. Cannon answered affirmatively, and added that Mr. Moreau could not put a hotel on R-3 zoning. Mr. Greenhouse was not a representative of Watersedge, but as to Mr. Moreau's request that the Board consider making the whole thing C-3 so that something completely commercial could be put on that property, he suggested they make it all residen- tial so that it would be more in line with Watersedge. Mr. Greenhouse suggested that the Board take the Commercial zoning off of the front of Watersedge and zone it to High Density Residential and that they do it to other pieces of property, which are adjacent to Shooters and Watersedge. Mr. GreenhOuse asked that the BOard at least give Watersedge an opportunity to organize and get a feeling as to their community before something is done. Areas 38 and 39 Charles Putnam, Land Use Planner in Boca Raton, representing Milnor Corporation, said Area 39 is a piece of property located on the Southeast Corner of Congress and Jog Road. Area 39 is just south of Area 38, yet in the text, there is a reference to the fact that Area 38 has some commercial potential and might appropriately be reclassified in that manner. Mr. Cannon confirmed that was correct and added that the Planning staff recommended that Area 38 and the west half of Area 39 be changed to a High Density Resi- dential classification. Mr. Putnam was informed by the Board that Area 35 in the text was incorrect and should be changed to Area 38. Mr. Putnam pointed out that Areas 38 and 39 are the only properties in that intersection which are uncommitted to some kind of development right now. Even though the north- west corner is vacant, it is part of a planned project. He had worked on that many years ago, and they called out for commercial development on the intersection and made a swap to transfer that commercial development up to the Woolbright Road intersection. Mr. Putnam also worked many years with Milnor Corporation to try and create a piece for commercial development in Area 39. He said they feel very strongly that the intersection should be classified for commercial development. - 29 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 Mr. Putnam asked the Board and the City to take a hard look at this area and the geography of that section of the City. It is at the intersection of two major arterials, If you look at all of the other intersections in the City, he thought they would see that most of them are either commer- cial, industrial, or high density. However, they are not single family, which is the designation that has been carried for some time. Mr. Putnam said the group was pleased the City was recognizing the high density of this intersection with their proposal of high density residential but felt, even with that designation, the only thing that will be attracted to the area will be a lower family of multi-family. As Congress Avenue is developed to its full profile at this controlled intersection, they think it will be more appropriately designated as commercial, and he asked the Planning Department and Board to take another look at that proposed use. Bill Smith, Owner of Lake City Trailer Park, at the north- east end of Boynton Beach, said the park has been there for 45 years. He bought it in 1959 and has made a lot of improvements since that time. Mr. Smith asked the Board to consider changing the zoning to Commercial. Mr. Cannon believed it was now zoned Commercial in the front and Single Family in the rear. When he bought the park, Mr. Smith said there was a marina, which was an open area. About eight years ago, someone else bought the marina and put a boat barn there that is 40 feet high, 100 feet wide, and about 300 feet long. It runs from U. S. 1 down to the water, and Mr. Smith said his property abuts up against it. It has been a non-conforming situation ever since Mr. Smith bought 'the park. If the City ever wanted to get rid of the park and put homes there, there was no way they could do it. If it was zoned Commercial, Mr. Smith was sure they could sell the property. If nothing is done, he said the park will be there for another 100 years. Unless the barn is eliminated, there is no way Mr. Smith will be able to do anything with the property. When Mr. Smith approached the City about the barn, they said they could do nothing about it because it is in the City of Hypoluxo. He is sitting in a residential area with no way to get rid of the mobile home park he is trying to sell. - 30- MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA JUNE 16, 1986 Chairman Trauger asked how many tenants were there. Smith estimated he has about 40 tenants. Mr. Mr. Smith informed Mr. deLong the property is 150 x 1,000 feet deep. Mr. Smith's home is on 150 feet at the end of the property, on the Intracoastal. Next to him is a vacant lot that belongs to Griffith and Moore. Next to that is where Waite's used to have an alligator farm. The front is more or less surrounded by Commercial. Mr. Smith said Dimick Road is a buffer zone at the area where it goes Commercial. He was sure a hotel or some sort of Commercial use could go in there, and they would have no problem with their neighbors. With what the Legislature just passed, Mr. deLong said Mr. Smith may have some problems. If the zoning were changed, Mr. Smith was sure things would happen there. As no one else wished to speak, THE PUBLIC HEARING WAS CLOSED. ANNOUNCEMENT Chairman Trauger announced that the hearing would continue on Monday, June 23, 1986 at 7:30 P. M. and would then be before the City Council on Tuesday, July 2, 1986 at 7:30 P. M. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 9:50 P. M. (Three Tapes) - 31-