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Minutes 09-08-81MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 8, 1981 PRESENT Simon Ryder, Chairman Ezell Hester Lillian Bond Ronald Linkous Robert Wandelt Garry Winter, Vice Chairman Simon Zive Carmen Annunziato, City Planner Tim Cannon, Assistant City Planner Chairman R~der welcomed everyone and called the meeting to order at 7:30 P. M. He'introduced the Members of~the Board, the City Planner and Assistant City Planner, and the Recording Secretary. He noted the presence of Councilman Joe deLong in the audience. MINUTES OF AUGUST 25, 1981 Chairman Ryder asked that the first sentence of the last paragraph on page 8 of the minutes be changed to read as follows: "Chairman Ryder continued~that he thought the exploration contemplated by City Manager Cheney is needed." Mrs. Bond moved to approve the minutes as corrected. was seconded by Mr. Linkous and carried 7-0. The motion ANNOUNCEMENTS Mr. Carmen Annunziato, City Planner, handed out to the Board, for inclusion in the Zoning Code, a new page concerning the modifica- tion to non-conforming lots. He said the Board should be familiar with the matter. COMMUNICATIONS Non e. OLD BUSINESS None. NEW BUSINESS A. PUBLIC HEARINGS: 7:30 P. M. MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1981 Chairman Ryder announced there would be two hearings tonight, and each had been duly advertised so that people in the immediate vicinity could reply to the proposed actions. (1) ABANDONMENT REQUEST Project Name: Agsnt~: Owner: Location: Description: Fisherman'S Landing Michael B. Schorah BLenheim, Inc. (John Bailey) The easte~nterminus of Las Palmas Blvd. Boynton Beach, Fla, 33435 Abandonment of util±ty easement Chairman Ryder noted that~kis matter had been before the Board several times. It is now at the point where it is pending approval of the final plat. Carmen Annunziato informed the Board that several months ago, comments were made about the sewer force main and the sewer gravity line, which were not located in an easement, which would have to be relocated, Additionally, there was an easement encumbering the western portions of Fisherman's Landing plat, which carried no use following approval of' the plat, in that the utilities were to be relocated by the apPlicant into the proposed pr~ivate street. At that time, Mr. Annunziato said, the applicant skid he Would come back wi~h a request for abandonment and is doing so now. Basically, the request involves an abandonment of a-n utility easement which is recorded in Official Record Book 2911, Page 590. The easement is currently unencumbered, and the utilities that should have been located in that easement will be constructed in the new proposed road. The application was reviewed .by the City Staff and comes with a positive recommendation, based on .the recording of the final plat and relocation of the sewer lines. Chairman Ryder obServed~that Perry Cessna, Utility Director, indicated he had no objections to the sewer and water lines being relocated, Carmen Annunziato, City Planner advised Chairman Ryder that the sewer and water lines would be going into a private street that will be dedicated as a utility easement and an ingress and egress easement. It does not show on the plat. Mr. Wandelt asked whether that was agreed upon when the subject came up before, and the answer was. yes. Chairman Ryder informed the Board that the point was they have reports from various members of the City Staff. The City Engineer and Perry Cessna, Utility Director, have no objections, Chairman Ryder asked if anyone in the audience wanted to speak in favor of the proposed Abandonment Request, He stated this is a proposed new-development on Las Palmas Blvd., East of Federal High- way and bordering on the Intracoastal. - 2 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1951 Michael B. Schorah, Agent, appeared to answer any questions the Board may have. There were no quest±ohs, Chairman Ryder asked if anyone else wanted to speak on behalf of the Abandonment Request, and there was no response. He asked if anyone in the audience wanted to speak in opposition to the proposed Abandonment Request and received no response. Mr. Linkous moved, seconded by Mr, Nester, that the Abandonment Request be approved~, subject~to th~ 'relocation of the City utilities and the approval of the final plat, No discussion. Motion carried 7-0. C2k LAND USE AMENDMENT-& REZONING Project Name: Agent: Owner: Location: Description: Thompson'Coal & Construction, Inc. Tomberg & Tomberg, P.A. Thompson Coal & Construction, Inc, 301 SE 10th Ave. (222.38' alon~g Railroad Ave.) Boynton Beach, Fla, 33435 Amend Future Land Use Amendment of Comprehensive Plan from medium density residential to industrial and to rezone from C-3 community commercial to M-l_lig. ht industrial Chairman Ryder pointed out that the descript±on was puzzling because it says, ", rezone from C~3 comm-un~ty commercial to M-1 light industrial." On the other hand, it says, "Amend Future Land Use Amendment of Comprehensive Plan from medium density residential ~hich is R~2I~ GO ±ndustriat," Chairman Ryder asked Mr. Annunziato to indicate what the Board will be talking about, Mr. Annunziato handed out an analysis to the Board and asked Mr. Tim Cannon, Assistant City Planner, to present the application to the Board. Mr, Cannon advised that the property which the applicant wants re- zoned lies on the east side of the Florida East Coast Railway where S. E. Tenth Avenue borders. He said there was an undeveloped right-of-way running along the west side of the applicant's property, which serves two of the applicants lots. The third lot is served by S. E. Tenth Avenue. Mr. Cannon further advised that the lot adjacent to S. E, Tenth Avenue contains a warehouse which is a non-conforming use. The remaining two lots are vacant, There is a C-3 or community commercial district extended along the railroad. The applicant wants the lots zoned M-l, light industrial. If the lots are rezoned, the applicant will establish a carpenter and cabinet shop, and a wholesale ceramics and slip manufacturing operation. If the lots are rezoned to M-i, Mr. Cannon informed the Board all permitted uses could be established in the M-1 district. - 3 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1~81 Mr. Cannon pointed to an R~2, or duplex residential district, which is immediately east to the C-3 district. The problems of the R-2 district are addressed in the Comprehensive Plan. Mr. Cannon stated the R-2 district, along with the C-3 district, are shown as a proposed area of land use on'tke ComprehensiVe Plan. The Plan makes recommendations for eliminating the conflict~. The entire area of R-2 and C-3 are characterized as being predominateIy single family with some encroachment by multi-family and comme~c±at uses, Furthermore, the neighborhood characterizes an area that cOuld easily be pushed into a decline. Two options eliminating land use conflicts are presented in the plan. Mr, Cannon 'informed the Board that the options are fir'st of all to stablize the area as a residential neighborhood, or alternatively, allow redevelopment commercial uses. Mr, Cannon recommended that the area be preserved for residential uses for the following reasons: 1, Commercial uses would require a parcel by parcel acquisition if the opinion of the Comprehensive Plan would be practical. 2. There is an abundance of commercial use land with much better access, 3, The transition to Commercial uses would cause conflicts with residential uses for a lengthy period of time, Mr. Cannon said although the plan refers to commercial uses, any statements concerning commercial uses could be generalized as industrial uses. The Future Land Use Plan shows the C-3 strip north of Tenth Avenue, including the parcel in question, to be medium-density residential. The Future Land Use Plan shows the change, since it would'reduce encroachment on the R-3 District and help preserve the neighborhood for residential uses. Mr. Cannon noted that zoning districts ~had not been changed on the map. In other words, the present C-3 zoning north of Tenth Avenue conflicts with the Future Land Use Plan. Mr. Cannon advised that the proposed M, 1 zoning would also conflict with the Future Land Use Plan. The Planning Department agreed with the Comprehensive Plan, recommending that the applicant's request for rezoning from C-3 to.M-1 should be denied, The Planning Board believes the Policies of the Comprehensive Plan, with respect to this neighborhood, are legitimate-because: 1. There ±s a need for th~ rela~i'vely inexpensive homes such as those found in the area. - 4 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1981 2. There is an abundance of industrial-zoned land with better access that would cause less disruption to residential neighbor- hoods. 3. Industrial uses would increase noise and congestion and safety hazards due to the increased truck and auto traffic in the neighborhood. 4. The proposed use would generate loud, high-pitched noise from power saws in the carpenter and cabinet-making shops and increase the hazard of fire from the woodworking and ceramic manufacturing activities, These nuisances would tend to lower property values and reduce the des±rability of the area for resi- dential use and this, in turn, would have a consequence of reducing the incentive for owners to maintain and improve their property. 5. It would be an instance of spot zoning for the following reasons: al It would benefit a single owner of a small isolated parcel of land, bl~ It would give privileges to the property which are not extended to similarly located property in the area. c) Rezoning would contradict the Comprehensive Plan even if the Future Land Use Plan were amended. Such an amendment would still contradict the text of the plan, Furthermor~Mr. Cannon continued, this rezoning would leave two.maybe three spot zones to the north or to the east of the parcel, 6. The lots in question are physically and economically develop- able for residential uses. They are legally developable for multi-family use up to 9,68 units per acre. This density would allow an owner to build a duplex on the two vacant lots, There are two similarly situated lots to the north'which were recently developed for single family dwellings, so resident±al de've!opment is a viable economic use for this area. 7. Ail of the C-3 district north of S. E. Tenth Avenue, including the parcel in question, should be rezoned to R-2, to bring it into conformance with the Comprehensive Plan, Rezoning to M~i would be a move in the opposite direction and a contradiction of the Comprehensive Plan. Chairman Ryder told Mr. Annunziato this was not a simple matter and'the report from the Planning Department .would serve a very valuable use in the consideration by the Planning and Zoning Board. Mr. Heater asked whether Lots 16, 17 and 18 were to be rezoned, and if any other lots were~vacant. Mr. Annunziato replied that almost all of the property north of them was vacant and zoned C-3. Mr. Linkous asked if Lot 20 was bought with the understanding it - 5 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, .1981 was M-1 zoning, Mr. Annunziato said-the question referred to the letter from James W. Thompson, President, Thompson Coal & Construc- tion, Inc., Clarksburg, West'Virginia, dated June 4, 1R81, and he read from~'.~he~!third paragraph~ "When Thompson Coal' & Constr,, Inc, bought Lot 20 it was zoned M-1 and at the present t~ime all of the occupants are M~t class .... " Mr. Annunziato could only say that in...19~76, it was zoned C-3. He could not comment on the zoning prior to'that. It~may have been M-1 prior to 1976, Mr. Linkous said, in,other words, he bought it for a specific purpose, and now it cannot be used for that purpose, Mr. Zive noted the property faced the railroad track and Chairman Ryder assured him it was zoned C-3. Mr. Zive personally felt no one would want to build a home facing the railroad tracks, Jeff Tomberg, Esq,, Tomberg- & Tomberg, P,A,, Attorneys for Thompson Coal & Construction, Inc. came before the Board, He said they were not talking about a C-3 hinging upon R-2 but about the last vested R-2 pocket surrounding commercial and industrial areas, He referred to.the map, Mr, Tomberg pointed out that C-3 and C-1 zoning are along Uo S. 1 from 2nd Avenue down to Woolbright Road. As you head West, you have the industrial area and other C-3 areas, and alt you have is the pocket from about 6th Avenue South to about 13th, which is R-2. The property previously,when purchased by Mr, Thompson, ~was M-l. Mr. Tomberg informed the Board that they ~had a public hearing last year and recommended the future use be M,1. He presented photos to show that the area was really run down, and ~d~'Mr~ ADnunziatowastelting . everybodY how horrible the area looked last year. The photos were dated in July of 1980 and are a year old. The area looks Worse now. Mr. Tomberg said the Board and the Future Land Use wants to put houses on railroad tracks, yet the City Council and the Board have heard a lot of complaints from residents about the problems with railroads. It is a very old area, and most of it can~be rehabilitated with R-2 zoning, but not all of it. There is a very strong commercial area in the pocket. It has been cohabited for many years without a complaint from the people on the east side of the rail- road track, Mr. Tomberg noted the west side had been "no blessing, but that is the City's fault for not enforcing their ordinances and zoning regulations." He remarked there were banks, offices, restaurants, and real estate offices. There is also the industrial area, whiCh has not suffered. Mr. Tomberg said the M-1 area could be better kept but that is the .function of the police powers of the City. Mr. Tomberg continued that the remainder of the lots probably do not conform with the minimum building requirements on a lot for lot - 6 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1981 basis that would be required under an R-2 or even a C-3. They do not conform with size. Mr. Tomberg said it was zoned ~from M-1 to C-3 in~.hopes of ~oning it ~to R~2, whi~h'~was g0ing from~bad to worse. The people in that area cannot do anything to improve.the buildings. Now there will be more dilapidation, especially along 12th Avenue. There are warehouses falling apart that could be very nice sh~ps, but no one can do anything about them because they have be~ zoned out. The traffic is not so bad These are very low key industrial. . Mr. Tomberg continued that one man only makes ceramic hangings, which is a very clean industry. He may take one or two trucks out in one day, which is not much traffic. He does not have traffic like approved C-3 areas. The plac~ to correct mistakes is in the areas which are developing now not in places that have already been set. Mr. ~Tomberg observed the City has too many problems with the Board trying to change places where the zoning has already been set and too many places that will fall apart. M.r, Tomberg told the Board his client, Mr. Thompson, was restrained by the City's ordinances and regulations and could not improve his building but must sit and let it fall apart and eventually become an eye sore. Mr. Tomberg said that is what the City Planner's office wants. They paid some "highfalutin" consultant thousands of dollars of tax payers mone~, and they do not go beyond what this guy says because they paid him all of this money, and they do not want the guy to be wrong, There is no reason why the whole area should not be M-i. Tomberg info~ spot zone, A~ exception and It is not an Mr. Tomberg sl be the main bl any longer, ~ falling apart, Mrs. Bond ask~ chased their he could prow back in 1970 c was purchased 1978, he beli~ Mr, ~ed the Board if they want M-i, then they become a i ~-3 or C-4, they w~uld have to apply for a special they Won't get it. R-2 is a commercial indus%rial. area that you change from one to another Eventuall , ~id the whole area will. be commercial. U, S. 1 will ~g business district. The city does not'have one here ?he central Dusiness district ~he City does have is d whether there was any proof that when %he people pur- ~o erty~ - · it was zoned M-1. Mr. Tomberg replied that 'dePproof and referred her to the zoning ordinances ~r 1971. Mr~ T~mberg said one piece of· property i~ 1975 and the other properties were purchased in ~ved. Mr. Heater noted that Mr. Tomberg mentioned the Planning Department, Mr. Heater said he believed the City mandated that the consultant come in, so it was not really the Planning Department but the City that required someone to be hired. Mr. Annunziato said the - 7 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1981 Planning Department supports the recommendation that a consultant be hired. Chairman Ryder asked whether any other questions were to be addressed to Mr. Tomberg, He asked if anyone else in the audience wished to speak in favor of the proposal, Mr, Leonard Kanonik, 1330 S, W. 28th Avenue, appeared before the Board, On July 8, 1980, Mr~ Kanonik said he had the "bless±ng" of Mr. Annunziato and the Board-to rezone, When they went before the Council on July 15, 1980, Mr. Walter Trauger was in the hospital and Mayor Betty Riscoe was out of town, Councilman Joe deLong, Vice Mayor Edward Harmen£ng, and~Councilman Norman Strnad were on the Council. Everyone made their appeal. Mr~ Harmening ~oted for them, and Councilman deLong and Councilman Strnad voted against them. Three months later, Counc±lman~Strnad left town. He should have excused himself from voting, according to Mr. Kanonik, because his son lives in that neighborhood, Chairman Ryder asked if Mr, Kanonik had been subject to public hear- ing and Mr. Annunziato answered, "Yes." Mr. Kanonik ad¥ised--the Board he purchased the property from Mr. Thompson and %hat was why he recalled all of this. He added' that he rents one of the ware- houses, and he wanted to purchase it last year, but the deal fell through. The way the zoning is now, Mr. Kanonik said he could not even put a nail in a board. Mr, Linkous asked whether the matter came before the Board last year. Mr. Annunziato interjected ~hat he would like to clear up a misconception. He advised that maintenance can occur for non- conforming uses and you can maintain non-conforming uses, Attorney Tomberg advised Chairman Ryder that the vote was 6-1 or 5-2, and Chairman Ryder was one of the dissenters, Chairman Ryder said they should confine themselves to the present action. Mr, Zive asked Whether the area north and south of the property was taken or empty. Mr. Kanonik replied that Gulfstream Ceramics, a cabinet shop, a contractor's offices, Gulfstream Lumber, and a gun shop were there. Mr. Zive thought the area should be commercial more than anything else and said his personal view was that the Board should vote in favor of the proposal. Chairman Ryder remarked that a visit to the site would indicate that the R-2 area is predominantly developed in that way. Mr. Zive replied that he knew it was below Tenth Avenue and he doubted whether anyone would want to build residential property there. ~MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1981 Mr. Darrell Hinson came before the Board and stated he owned Lots 1~, 15 and 16, which are north of the property. He said he also lives at 915 S. E. Third Street, which is in front of the property. Mr. Hinson said the lots were no good for residential use, and he would like to see the whole thing in M-1. Last year, when all of this star~ted,.Mr. Hinson said he went to Mr. Annunziato's office and asked him to look at the property, and he refused. He said he owned the lots and lived there since 1964, Mr. Hinson said if the Board wanted to know the truth, they should just go and look at the lots. He said he would like.to get his zoning changed but he did not have the money to afford a lawyer and come to the City. He repeated that he went to Mr. Annunziato's office and was refused, and all he wanted was just for someone to go by and look at what is down there. Mrs. Bond asked if Mr. Hinson wanted his lots changed to M-1 also. Mr. Hinson said he wanted it changed to anything they could use. Mr. Hinson showed Mr. Linkous where he liv~d.-~on'.the plan, and said it was just on Third Street, in front of the lots in question, or to the east of the lots. He told the Board he owned half of Lot 13, all of Lots 14, 15 and- 16,~all of~Lot 7 and half of Lot 8. Mr. Roger Bart, 1241 S, W. 27th Avenue came forward and said he ran the ceramic business that is on the properHy in question. He told the Board he would like to expand~his business to hire some people in the community, but the City is making it difficult and he guessed the City did not want them to hire anyone, Mr. Barr said there seemed to be a lot of misunderstanding as to what is on the property. Mr, Barr pointed out where Mr. Hinson lives and stated he owned the lots behind his house, Mr. Barr's father-in-law owns lots, and Mr, Barr showed the Board~where their warehouse was located. He advised the Board that they make no noise, and'do not stir up any- thing in the community, All they do is make hobby ceramic and want to expand in order to serwe the schools of Palm Beach County, Mr, Bart said they sell to the schools Crayola crayons, art products, and ceramics, none of which would cause any 'problems. They only help the kids in the schools. Mr. Barr informed the Board that when they bought all of their property, it was zoned M-1 and it was on the real estate agreement at the time the property was purchased. He showed that there was a cabinet shop, gun shop, and a~-lawn maintenance whets a guy dumps junk all over the place and built an illegal fence. Next to that, (,someone gave him a permit) he has concrete forms and trucks all over the place. He has barbwire hanging over what is supposed to be a City sidewalk that he tore out and never replaced. He pointed out a warehouse, Walt's Automotive, Sylvia's Ceramics, a body and fender shop, all of which are industrial use, - 9 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1981 Mrs, Bond asked how many houses are on the different lots east of Mr. Barr's house. She wondered if they were all residential. Mr. Barr said there were a few vacant lots but there were a lot of residential. He stated they were very small homes, and there were some duplexes, but he said there was no way he Could build a duplex on a 50 foot lot. He asked Mrs. Bond if she would like to rent a duplex, if he built one facing the railroad. He emphatically told the Board no one would buy a duplex facing the railroad and if he built one, all he would be creating would be a garbage can. No one wants to live where their coffe~cups shake off the table. Mr. Bart continued by saying the lots are too small_for residential use. You cannot even bUild on a 50 foot lot. He asked the Board to look at the Code. The lots are also facing the railroad tracks. He said there was a green metal building %hat looked better than 90% of the residential area there. Mr. Wandelt asked about the access to the homes. Mr. Barr advised the Board that no trucker would go on 8th because it does not go through to U. S. 1. 12th or 5th are the only access'to U. S. 1; they are existing routes, and most people would use 5th as it is the only way to get to 1-95. Trucking is not heavy and will not be any more than what is there now. Mr. Barr presented a listing showing the property was M-t when it ~was bought. He said it does not give them integrity in the purchase of their property. John Weiss appeared next and said he owns the existing property, Back in 1960 when it was purchased by his family, it was zoned M-1. His family died and he is the present owner. He 'said the people operating the warehouses are no trouble at all. He lives on Lot 1R. Mr. Linkous commented that Mr._Weiss is speaking very highly of the applicant because there is a driveway between Mr. Weiss' house and the warehouse. Mr. Linkous asked him again if he had no objection to ~the proposal, Mr. Weiss replied that he had no objection because the warehouse does not bother him. There is no noise and-no dirt. Mr. Bryan Kanonik, who lives at 1330 S. W. 28th Avenue, came before the Board and informed them that he and his father have one of the warehouses. He pointed out that most ~of the buildings in the area are more than slx years'old, which was when the zoning changed. Everything was built for M-1 zoning, He also pointed out that the noise levels are not that great, as it is just light industrial and not heavy industrial. Mr, Kanonik said there would be more noise from U. S. 1 than from the light industrial area. - 10 - MINUTES - PLANNING'AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1981 Chairman Ryder asked whether anyone else in the audience wished to speak in favor of the proposal, He said he would-tUrn now to people who wished to .be heard in-opposition to the application, Chairman Ryder read a letter addressed to the Board, which was signed by about thirty residents, as follows: "We, the undersigned, do protest and object to the re- zoning of lots 17, 18 and 20, Block E, Hathaway Park, Boynton Beach, Palm Beach County, Florida. Records in Plat Book 13 - Page 17, Palm Beach County Records. We do here in on this eighth day of September, 1981 wish it to be known that we do not wish this area to be re- zoned from C-3 to M-1. We request that the Planning and Zoning Board of the City of Boynton Beach deny the Appli- cant, Thompson Coal and Construction, Inc. and Jeff Tomberg Esq., Agent for above said Company, their request. We base our request on the fact that our neighborhood is now a multi dwelling zone with-business and homes in compliance with ~e zoning laws of C-3. We are older, retired folk, business people and young folk, some with children, all attempting to improve our property and or maintain our 'residences in good repair. We like and would like to continue to have a relatively quiet commercial area, as this now is, in which to live. We feel the rezoning request would be detrimental to our neighborhood and open the way for other industrial enter- prises as outlined in section of M-t industrial district regulations and provisions Pages 1932-1933 of the City of Boynton Beach Code." Chairman Ryder asked that the letter be a part of the records. Attorney Jeff Tomberg strongly objected to the letter being a part of the records if the names had not been crosscheCked with people who live in a 400 foot square. Mr. Annunziato commented that the 400 feet was never the radius the City ever had but it should be acknowledged as to whether the people llve in the area, Mr. Annunziato felt that was something the City Clerk should do. Chairman Ryder informed Attorney Tomberg that the people are specifically advised within the 400 foot area, but he could not see where it meant that anyone else in the immediate vicinity could not lodge a protest. He told Mr. Tomberg the'addresses were primarily on S, E. 3~d Street in the 900 block. Chairman Ryder asked if anyone wished to speak in opposition to the application? - tl - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1981 Mary Douglas Vlamynck, 910'S. E. 3rd Street, came forward and told Chairman Ryder and the Board that she wrote the letter of protest and gathered all off'the signatures, She informed the Board she bought, hsr.~property two%_or three ysars ago. Mrs. ~lamynck definitely thought it would be a detriment to the whole'neighborhood if the application was approved, .as it would open the neighborhood to many uses, including dog pounds and kennels, A number of the people who signed the petition were present with Mrs, Vlamynck. Mrs. Effie DuBois, who lives at 815 S, E. Third Street, told the Board she owns three tots and her house faces the railroad, She stated she was used to trains and~they did not bother her. She did not like the remark made by Mr, Tomberg last year when he said they were living in a "ghetto". She told of some lots owned by Edith Hood that are like a junk p±le and the City has never made her mow or clean the lots. Mrs, DuBois felt all that was needed were some more businesses, and they would fix up the.neighborhood, Mrs, DuBois said she is retired, owns her home, and tries to keep the property presentable. She thought the City could clean up some of the lots, City Manager Cheney entered the meeting, and Mr, Linkou$ asked him if he was aware of all of this. Mrs. DuBois said some lots have high grass, fleas, and rats. Chairman Ryder said the City does take care of that and people are cited, City Manager Cheney said he would bring it to the attention of the appropriate person. Mrs, DuBois said it was noisy on the east side of the railroad, Mr, Wandelt asked Mrs, DuBois what she would suggest to be built in those lots that are vacant, She replied it-~didn'~ make any difference. Chairman Ryder closed the public hearing, as no one else wished to speak, Chairman Ryder noted that apparently, the people who sent the petition in opposition feel the commercial development has taken place and probably can be extended, He said they do not seem~to have found it too objectionable and evidently have been living with it, Chairman Ryder felt the concern was that if you go to M~i, the intended use is one that apparently would not impact unfavorably on the area, but you open up the field to any of the perm±ssive uses under M~i, which is a valid concern, Chairman Ryder complimented Mr, Annunziato, City Planner, on the comprehensive report which he had prepared, He said the Board had the pros and cons and the conclusion. The conclusion said the adjacent R-2 district w~s a very solid, stable residential area that should be preserved to the extent that residential areas could be developed. Rezoning of the parcels to M-1 would be in the interest of spot zoning. Chairman Ryder said the final conclusion of the report was, "The request for amendment of the Future Land Use Plan from Medium Density Residential to Industrial and rezoning - 12 - MINUTES - PLANNING AND' ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1981 from C-3 to M-1 should be' denied." Mr. Wandelt asked how many building permits had been granted for residential in the area. Mr. Annunziato said in the last 2-1/2 to three years, according to his memory, he woDld say one duplex and two single family homes.. The single family homes were to the north of 8th Street and the'duplex was on the east side of 3rd Street. Mr. Wandeilt felt the area was not too desirable for residential use. Mr. Annunziato informed him there was not too much vacant land left, and the dates on the single family homes were in 1979. Mr. Zive wondered if any builders were interested in building property on that area. Mr. Annunziato did he know whether any land was for sale. He great deal of land available for developmen most of the lots were owned as through lots roads thrOugh 3rd Street. There are non-cc the City, The issue involved is that you h bring them to a buildable size, not know of any, nor did stated there was not a t. Mr.~ Annunziato said , through non-existent nforming lots all over ~ve to combine lots to Mr, Linkous pointed out that you cou!d~not build on those lots as small as they are on the extreme north portion. Mr. Annunziato repeated they could not be built on individually but in combination with other lots. Mr. Zive asked whether there would be a greater possibility of building duplexes on the property facing the railroad or building residential. In Mr. Annunziato's opinion, the only businesses that would locate there would be those that do not require a lot of public access. . Chairman Ryder pointed out'~that in consideration of the Comprehensive Land Use Plan, the City recognized the fact that there are substantial areas already zoned M-1 in the northern part of 'the City and particularly on South Congress Avenue. He felt it would be a mistake for an intrusion on this kind of M-1 in the middle of town. Chair- man Ryder said in consideration.of the Land Use Rlan, it was anticipated that future development in the category of M~i would be directed towards the large areas that are largely u~developed. Chairman Ryder thought it would be a mistake to establish such an area there. Mr. Wandelt dimagreed, as he felt it was a very undesirable area for residential and the only use for the area ~Ould be M-1. He said he would not build a duplex in,~.that area and rent it out to someone. Mr. Linkous moved that Lots 17, 18, 19 and 20 be granted M-1 zoning. He based the motion on the fact that Mr. H±nson lives in back of the applicant and one of the lots was zoned M-1 at the time it was purchased. Mr. Zive seconded the motion. - 13 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1981 Although it is unfortunate the City has all of this haphazard zoning, Mr. Hester said he could not vote for-the granting of M-1 zoning because M-1 will open the area up, and again it will go back to spot zoning. Mr. Hester felt C-1 zoning should take care of that particular area because of all of'the things covered by M-t. Chairman Ryder said the property had been zoned C-3 and has been developed to a great extent commercial. Apparently, Chairman Ryder said, the people are aware of that and are reconciled with that arrangement. He agreed that residential use along~the railroad might be questionable but thought development could proceed under the lines of commercial or C-3. ~hairman Ryder repeated the' motion was to grant the request, M~s. Ramseyer, Recording Secretary, took a roll call Vote on the motion as follows: Vice Chairman Winter - No Mr. Hester - No Mr. Zive - Yes Mr. Wandelt - Yes Mrs. Bond - Yes Mr. Linkous - Yes Chairman Ryder - No The motion carried 4-3. Chairman Ryder said the final determination will be made by the City Council. This is a recommendation. SUBDIVISIONS Preliminary Plat Project Name: Agent: Owner: Location: Descri!~tion: Bethesda Park Burl Gentry Summit Investment Golf Rd. at 1-95 NE Corner Preliminary Plat Providing for the construction of sewer, water, paving and drainage facilities to serve 48 units, plus recreational facilities. Chairman Ryder advised that the matter had been before the Board before with regard to the master plan. .He said it was on the north side of Golf ROad, opposite the new Ridgewood Estates development and abuts High Point. Carmen Annunziato presented the preliminar~ plat which is to pro- vide the construction of the sewer, water, paving and drainage and recreational facilities to serve 48 units located in the north- east corner of 1-95 and S, W. 23rd Avenue. Mr. Annunziato said the application came with the following recommendations: Engineering Dept.: "t. The traffic impact fee is $9,600 as per Charles Walker's letter of September 16, 19.80. - 14 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 1981 "2. A stop sign should be shown at the intersection with S, W, 23rd Ave, 3, Deta±ls for cul-vert headwall should be added. Dedication should include driveways and drainage easements, Cost estimate should include quantities of materials and unit prices, The cost shown for the recreation room is low. The P, & Z. Board called for a westbound decelera~ tion lane, No construction is shown for this although striping is shown as requested by Charles Walker in his letter of September 16, 1980. The book and page number should be entered for the offsite utility easement. 8. Condominium documents are to conform with Jim Wolf's letter of September 10, 1980 Approval is recommended subject to above." Police Dept.: "Subject to traffic signs." Recreation Dept.: "Fee in lieu of land dedication." Mr. Annunziato advised that an appraisal was received, which was performed by Salvatore J, Gallo, a Real Estate Appraiser and Consultant. The land· value is shown as $47,894.73 per acre. Mr. Annunziato said it was staff's recommendation that the preliminary plat be approved subject to staff comments, and the land value be set at $47,894,73 per acre. Mr. Wandelt noted it was in a highly wooded area and asked how it would be affected by the Tree Ordinance. Mr. Annunziato said they would have to conform with the ordinance. Chairman Ryder asked if a survey should be required regarding clearing of the trees, and Mr. Annunziato replied; "Yes." He also told Chairman Ryder he was correct in assuming the forester will be brought into the-picture. Mr. Wandelt wondered if they plan any bulldOzing and Mr. Annunziato did not know. Mr. Hester moved to approve the preliminary plat, subject to staff comments· The motion was seconded by Mr. Winter, and carried 7-0. - 15 - MINUTES - PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 8, 19.81 ADJOURNMENT Mr. Wandelt moved, seconded by Mr, Zive, to adjourn. The motion carried 7-0, and the meeting was properly adjourned at 8:55 P. M. Respectfully submitted, - 16 -