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Minutes 07-22-80MINUTES OF THE REGULAR PLANNING & ZONING BOARD MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JULY 22, 1980 PRESENT Arnold Thompson, Chairman Fred DiSalle, Vice Chairman Lillian Bond Wayne Drew Marilyn Huckle Simon Ryder Garry Winter Carmen Annunziato, City Planner Craig Grabeel~ Asst. City Planner Chairman Thompson welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board, City Planner, Assistant City Planner, and Recording Secretary. He recognized the presence in the audience of Councilman Norman Strnad, Councilman Joe deLong, Vice Mayor Ed Harmening, and City Manager Peter Cheney. MINUTES OF JULY 8, 1980 Mrs. Huckle referred to the first paragraph on Page 10 and corrected the proposal to be from C-3 to R-2 instead of C-2 to R-2 as written. Mr. Ryder moved to adopt the minutes as corrected, seconded by Mr. DiSalle. Motion carried 5-0 with Mr. Drew and Mr. Winter abstaining. ANNOUNCEMENTS Mr. Annunziato announced the Council has authorized the staff to enter into an agreement with Wallace, McHarg~ Roberts & Todd to prepare a study of the neighborhood strategy area. He explained the scope of the study and the area involved. This will be prepared under the auspices of the Planning & Zoning Board sitting as the Local Planning Agency. One of the first items would be to meet with the consultants to discuss the proposal and scope of the project. Mr. Annunziato announced that he would like to add an item to the agenda: Item 7-C - Discussion of Preliminary Plat of Boynton Central Park P.I.D. Dealing with Public and Pri- vate Roads. COM~UNICATIONS Mr. Annunziato referred to receiving communications dealing with the public hearing and Chairman Thompson announced these letters will be read into the record at the time of the pub- lic hearing. MINUTES - PLANNING & ZONING BOARD JULY 22, 1980 CITIZENS AWARENESS PRESENTATION Mr. Grabeel announced tonight we are fortunate to have a representative from the Treasure Coast Regional Planning Council and he introduced Mr. Sam Shannon, Executive Direc- tor. Mr. Shannon explained what the Treasure Coast Regional Plan- ning Council is and how they relate with local governments and other agencies. He told about the Treasure Coast Re- gional Planning Council being a voluntary organization of local governments in the four county area to look at pro- blems in the area. He explained the Council composition and told about the history of planning councils in the state. He also explained the funding of the Council and outlined in detail the responsibilities of the Council, Mr. Ryder asked if they reviewed the comprehensive plans of each of the four counties as well as the municipalities and Mr. Shannon replied affirmatively. Mr. Ryder asked how they relate to the Area Planning Board and Mr. Shannon replied they are basically the same kind of organization and ex- plained how they are multi-jurisdictional. Mr. Grabeel announced at the next Planning & Zoning Board meeting, we hope to have the County representative here to present their comprehensive plan which was adopted today. NEW BUSINESS Rezoning Request - Public Hearing Applicant: Location: Request: City of Boynton Beach The presently zoned C-2 commercial area along N. W. 2nd Avenue located west of West Industrial Avenue Rezone from C-2 (Neighborhood Commercial) to C-3 (Community Commercial) Mr. Annunziato informed the Board this rezoning request was prepared by the staff in response to a request by the City Council. It was prepared to solicit public input and evalu- ate whether consistent with the comprehensive plan. The application was processed with each property owner within the area being notified and also the property owners within 400 feet receiving notification. Chairman Thompson announced this is a public hearing and re- quested anyone wanting to speak in favor of this rezoning re- quest to please come forward, but received no response. He asked if anyone cared to speak in opposition to this rezoning request and the following came before the Board. -2r MINUTES - PLANNING & ZONING BOARD JULY 22, 1980 Mr. Mike Baird, 655 West Ocean Avenue, referred to the resi- dents of Lake Boynton Estates being in the process of forming a homeowners association and stated until that time, he will be one of the people speaking for that area. Notices were received in the mail and it was discussed at a meeting with the neighbors and they register strong opposition. The C-2 zoning is compatible with the master land use plan. The C-3 zone would also be compatible with the master land use plan, but would be extremely incompatible with the residences. The C-3 zone now includes 22 items which used to be included in the C-4 zone. The equivalent of this action is to change it from C-2 to C-4. The new zoning would allow dry cleaning plants, bars, restaurants, etc. He would like the Board to consider this from the residents', neighbors', and children's point of view in the area. Please deny this application. Mr. Marvin Klepps, 1119 N. W. 8th Court, advised that he is President of the Laurel Hills and Glen Arbor Homeowners Asso- ciation and they protest this rezoning. Less than two years ago, the City adopted a comprehensive land use plan and this is a blueprint for the orderly development of the City. Much time and effort went into this plan and they honor and support this plan. They recognize the present C-2 zoning can be a start in neighborhood deterioration. They do not want their neighborhood disturbed. They do not want a C-3 zone in their area. One of their concerns is the hazardous traffic problem which would be generated. 1-95 has caused a built-in traffic problem. There are only two exits from their area and both are onto N. W. 2nd Avenue. This traffic problem has been discussed and everyone is aware of the condi- tion, 'but there has been no solution. At this time, Sky Lake is in progress. When completed, it will double the traffic onto N. W. 2nd Avenue. The Villager Shopping Center located farther west on N. W. 2nd Avenue is an example of what would happen in their area if rezoned. Records show that is an accident prone area. There is a school bus stop at N. W. 7th St. and N. W. 2nd Avenue and additional traffic is not needed. Bringing in C-3 zoning would be an improper intrusion. This is an area in the City where there are single family homes and it is not an adult community, Re- zoning to C-3 would also hurt the property values of a healthy residential area. He has petitions signed by the homeowners. They ask the Planning & Zoning Board to vote no on this proposal to rezone N. W. 2nd Avenue from C-2 to C-3. Mr. Allen Polak, 645 West Ocean Avenue, referred to being a member of the Lake Boynton Estates Homeowners Association and stated both gentlemen have stated what is on their mind. -3- MINUTES - PLANNING & ZONING BOARD JULY 22, 1980 Mr. Polak continued that this is a family area with a lot of children and he does not want bars in his back yard. He feels the rezoning on the east side of 1-95 was a mistake and doesn't think the same mistake should be made west of 1-95. He asks the Board to vote no. Mr. Robert Barnes, 110 N. W. 7th Street, told about looking into different areas of Boynton Beach before moving here and stated he chose Lake Boynton Estates. Not only did he buy his own home there, but also bought a home there for his in-laws. He has received three permits to upgrade his home and has spent over $15,000. He is a property owner who owns two homes in Lake Boynton Estates and was utterly amazed to have been remiss enough to have not seen in the mas~er plan the changing of 2nd Avenue to C-2 and C-3. He can readily assure the City that whether he is economically deprived or otherwise, that he will sell two homes in Lake Boynton Es- tates in a very short period of time if this Board sees fit to rezone this area. It is not right to downgrade this neighborhood of single family dwellings with children all over where a City park is located. He does not see why this City does not follow the examples of Delray Beach and Lake Worth with locating their shopping centers west of town. To take an area which is predominantly residential and turn it into commercial is not right. He asks the Board's indul- gence and consideration to give the utmost thought to what there is in Boynton Beach for expansion and why must they change an area which was set out 40 to 50 years ago as a residential area? Mr. Wade Stormer, 641 S. W. 1st Court, referred to having lived in his house for 16 years and stated he has spent money to upgrade it, He has one of the nicest homes in the area. He has two sons and there are a lot of children in this area and to put shopping centers along 2nd Avenue is no good. People are paying out money to upgrade the downtown area and the businesses there don't stay in business. This is a neighborhood of working people who do not say much, but they are mad now. This is just a request of a few who want to fill their pocketbooks by renting out stores. Mrs. Norman Gregory, 644 S. W. 3rd Avenue, stated she is speaking for her husband, Commissioner Gregory, and advised they have improved their home and do not want the area changed. They want the neighborhood to stay as it is. Chairman Thompson read a letter from Bertha I, Hartley, 206 N. W. 6th Street, stating objection to this proposed change of zoning, He read a letter from Mrs. Raymond W, Hartley, owner of Lots 1 and 2, Block 5, Lake Boynton Estates, vehemently protesting this change. He read a letter from -4- MINUTES - PLANNING & ZONING BOARD JULY 22, 1980 Joseph & Marian Samson protesting this zoning change. He read a letter from Catherine D. Torgow stating she would vote in favor of this rezoning. He read a letter from Patricia Hartley Hallickson requesting the residential atmosphere to be retained and reject the rezoning request. Mr. Barnes came before the Board again and referred to no- body speaking in favor, but Mrs. Torgow is in favor because Mr. & Mrs. Wyckoff own some of the property and stated that he does not find these listed as owners. Chairman Thompson informed him that Mr. & Mrs. Wyckoff do own property in the area south of 2nd Avenue. Mr. Winter clarified that no communication was received from Mr. & Mrs. Wyckoff at all and Mr. Annunziato added that Mrs. Torgow owns lots 7 and 8, Block 4, Lake Boynton Estates, located at 728-730 N. W. 1st Avenue. Mr. Mike Custeau, 623 West Ocean Avenue, stated that 7th St. is the only street which goes into this area. If there are businesses on N. W. 2nd Avenue, it will create a problem. His back yard would be facing on that commercial area. He is very much against this request. Chairman ~hompson ascertained there were no other .speakers and declared the public hearing closed. He requested com- ments or ~uestions from the Board members, Mr. Ryder stated he thinks it is vital to consider when we have ~n a~pl~cation like this, which is a change in zoning and may pcss~bly downgrade, whether it will interfere with the existing developments. From what we have heard and from what he has seen in the area, apparently it will. A disas- ter has taken place with the building of the Holiday Inn and he reiterated the history of this. He thinks when we talk about changing from neighborhood C-2 commercial to community C-3 commercial, it is a major difference because, as has been pointed out, the City recently added C-4 uses, We have tried to confine C-3 zoning to areas along Federal Highway and Congress Avenue and presently have mapped many areas which will provide for C-3 uses. Just recently as part of th~ land use plan, we did take a certain piece just west of the Hartley home and east of this proposed area and changed it from C-2 to R-2 and he does not think it makes sense to gD to C-3 for the rest of the area. He noticed currently there is activity in this particular location be- tween 6th ~nd 7th Streets with some clearing taking place. It is not ~ question of not having enough C-3 zoning as we do. If we provide additional C-3 zoning, we should put it where it will not hurt. On both sides of 1-95 along 2nd Avenue, it was zoned C-2 and was compatible with private homes until Holiday Inn came along, He sees no need to make a change. The people involved have made their case known very well. -5- MINUTES - PLANNING & ZONING BOARD JULY 22, 1980 Mrs. Huckle stated she has always favored C-2 along here and has heard nothing which will change her mind. She believes rezoning to C-3 will be a detriment and is in favor of leav- ing it C-2. Mr. DiSalle stated due to the proximity of Laurel Hills and Lake Boynton Estates, he is in favor of this remaining C-2. He makes a motion to deny the request to rezone this from C-2 to C-3. Mrs, Bond seconded the motion. Under discus- sion, Mr. Annunziato referred to the motion maker entering his reasons and Mr. DiSalle stated because of the primarily residential character of this area, C-3 would be inconsistent and incompatible with the area. Mr. Ryder commented that he does not see how this differs from the concept in the land use plan as it is still commercial and Mr. Annunziato clari- fied that the future land use map provided for local retail which would fit C-2 or C-3. One of the features to consider is the proximity of 1-95 and the impact on the neighborhoods. Mrs. Huckle added that no property owner involved directly with this request has appeared in favor of this rezoning. Motion carried 7-0. Chairman Thompson informed the audience that on August 5, the City Council will hold a public hearing on this application and the people may want to state their views again at that time. Site Plan Approval Applicant: Location: Legal Description: Project Description: Summit Associates. Ltd., (Paul Hykel, Agent) Hunter's Run Golf & Racquet Club Northerly portion of Tract C Golf Course Maintenance Compound Mr. Grabeel pointed out the location and advised the zoning is PUD on this 2.69 acre parcel. He told about the four buildings planned for this site. The parking provided is 38 spaces and 30 were required. The utilities will be served through the dedicated 30' utility and access easement. Mr. Grabeel referred to the staff comments. He read the memo from the Building Official that this is subject to Water Management approval for site plan change and subject to paving and drainage calculations. The Fire Department noted that fire protection is required at the north property line for proper access. The Utilities Director noted that future plans should provide for construction of a water main in the north/south street for tie-in to proposed water main -6- MINUTES - PLANNING & ZONING BOARD JULY 22, 1980 in Coconut Lane, The Police Department noted that traffic control signs are required. The Engineering Department noted that all easements are to be recorded, the applicant must submit paving and drainage plans with computations, bonding is required for the cost of utilities and road work, and a South Florida Water Management District construction permit is required. Mr. Annunziato clarified that this request constitutes a minor deviation from the approved master plan which pro- vided housing at this location, The maintenance compound was in another location and now the intent is to construct this maintenance compound on one of the extremities. Mr. Charles Gilbert added that they felt this was best to serve this purpose rather than housing. Chairman Thompson asked if Coconut Lane is complete and Mr, Annunziato replied affirmatively, but it is not tied into Barwick Road. Chairman Thompson asked if the applicant was aware of the staff comments and Mr, Gilbert replied affirmatively, but he would like clarification of the fire protection require- ment. Mr. Annunziato informed him the fire hydrant shown is located so they cannot get to it from the building and Mr. Gilbert stated it will be put to the north along Coconut Lane. Mr. Winter questioned the reasoning for the cul-de-sac road and Mr. Annunziato informed him this will be combined with the residential developments to the south and east. Mr. Ryder clarified that this maintenance compound was planned somewhere else and is being relocated. Mr. Ryder moved to approve this site plan for SUmmit Associates, Hunter's Run Golf & Racquet Club, for a golf course maintenance compound subject to staff requirements. Mr. Winter seconded the motion. Under discussion, Mr. Annunziato commented that it might be helpful to note this is a minor deviation to the master plan. Motion carried 7-0. Discussion 'of Preliminary Plat of Boynton Central Park P.I.D. Mr. Annunziato referred to having to address some questions on the proposed final plat for Boynton Central Park P.I.D. which is located at the southwest corner of 1-95 and Wool- bright Road and stated at the time of zoning, it was agreed upon that all the property lying to the west of the major north/south road, S. W, 8th Court~ would be dedicated to the public and used as a vegetative barrier to reduce the impact of the P.1,D. on Leisureville. This appears in the plat in -7- MINUTES - PLANNING & ZONING BOARD JULY 22, 1980 the form of Tract A, which is dedicated to the public for landscaping and public purposes. It is 1,900 feet along the E~4 Canal. At the time of staff review, the Recrea- tion and Parks Director questioned the use of Tract A and whether it would be accessible by the public for recreation purposes. This brought out the question of access to this site. It was understood these were to be public streets and S. W. 17th Lane was required through Council approval to connect into the railroad at the full 60 ft. right-of- way to provide access to the 1-95 right-of-way. It was the staff's understanding these roads were to be public; how- ever, there is nothing in the dedication noting public or private. The question is whether during review, were these streets to be private or public in the Board's mind? The applicant desires to maintain the streets privately which may cause a conflict. Mr. Ryder asked if he meant 7th Court, 8th Court and 17th Lane and Mr. Annunlziato pointed out it was the roads within the P.I.D., part of 7th Court, 8th Court, S. W. 18th Lane, S. W. 19th Lane and S. W. 21st Lane. He pointed out the street locations on the map. Mr. Annunziato stated the developer has taken the position that it was his intention that these roads be private in order to limit access to the tracts of land for security purposes. The use of Tract A must be considered which will be landscaping and a drainage area. The developer is pro- posing to construct drainage retention, which is the City's responsibility for maintenance. The question is if these streets are private, then access to Tract A will be limited only to City vehicles. If they are public streets, access to Tract A cannot be limited; it would be open to the gen- eral public and possibly some use may be proper, The dedi- cation gives no indication whether public or private. It is understood because the plat did not show them to be pub- lic, they are going to be private. Chairman Thompson referred to access to the well fields and Mr. Annunziato explained this would be through 7th Court and the easement. Chairman Thompson referred to there being a parcel between the railroad and 1-95 and asked if there was any provision for access to that and Mr. Annunziato replied this parcel is approximately 15 acres. The intention is to use it for conservation and possibly expand the well fields there. He does not know what the future use may be, It may be preferable to have access for the general public, but at this point in time that need is not apparent. -8- MINUTES - PLANNING & ZONING BOARD JULY 22, 1980 Mr. Ryder suggested that the City's interest would be served by retaining an easement as it doesn't seem right to have it open for general public use because of the nature of the development. Regarding the 15 acres, would it be possible to get access just to the north? Otherwise, as long as the City has access, he thinks it would be best to keep it in a private area. Mr. Annunziato replied that securing access to the 15 acres through the commercial tract is doubtful. Mrs. Bond asked if this 15 acres would be developed and Mr. Annunziato replied the City has been petitioning D.O.T. for about 1% years to secure this parcel. He explained the procedures to be followed. The uses which are proposed now are primarily conservation and at best, water wells. It may be impossible to get a general public crossing of the rail- road. We could probably get limited easements for City vehicles only. Mr. Ryder questioned if it would be feasible to have the entrance road and 17th Lane public and the rest remain pri- vate and Mr. Annunziato replied the frontage along the canal is public, tf it is determined that roads from this point to the west and south should remain private, then public use of Tract A would be hampered and there would only be maintenance and landscaping. If the Board would like more input, he could have the developer attend a meet- ing. Mr. DiSalle suggested that the people in Leisureville be notified about this area and solicit their thoughts on it. Mr. Annunziato stated whether or not it is officially a park, it is a maintenance area and people will walk along the bank of the canal to fish. It never has been contem- plated to be developed for active recreation. Mrs. Bond asked if the portion on the north would be utilized and Chairman Thompson informed her that the two parcels on Woolbright Road are commercial and the rest is P.I,D. After further discussions it was suggested that the minutes from when the plat was approved be reviewed and this will be put on the agenda when the developer is able to appear before the Board. ADJOURNMENT Mr. Ryder made a motion to adjourn, seconded by Mrs. Bond. Motion carried 7-0 and the meeting was properly adjourned at 9:20 P. M. Suzanne M. Kruse, Recording Secretary (Two Tapes) -9- AGENDA pLANNING AND ZONING BOARD Regular Meeting DATE: July 22nd, 1980 ~TIME: 7:30 P.M. pLAcE: Council Chambers City Hall Acknowledgement of Members and Visitors. ~ 2. Reading and Approving of Minutes. ~ 3. ~Announcement. Communications. "Citizens Awa~eness, Presentation: Mr. Sam Shannon, Executive Director of Treasure Coast Regional Planning Council; topic "Regional Planning" Old Business: 7. New Business: A. REZONING ?~QUEST/PUBLIC HEARING. 8:00 P.M. 1. ApPlicant: Location: Legal Description: Request: City of Boynton Beach The presently zoned C-2 commercial area along N.W. 2nd Avenue located west of West Industrial Ave. See Notice of Public Hearing REZONE from C-2 (Neighborhood Commercial) to C-3 (Community Commercial) B. Site Plan Approval: Applicant: Location: Legal Description: Project Description: Su~it Associates, Ltd., (Paul Hykel, ag.ent) Hunter's Run Golf & Racquet Club Northerly portion of Tract 'C' Golf Course Maintenance Compound