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Minutes 03-11-80MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MARCH 11, 1980 PRESENT Lillian Bond Wayne Drew Marilyn Huckle Simon Ryder Garry Winter ABSENT Carmen Annunziato~ City Planner Craig Grabeel, Asst. City Planner James Wolf, Board Attorney Arnold Thompson, Chairman (Excused) Fred DiSalle, Vice Chairman (Excused) Mr. Annunziato called the meeting to order at 7:35 P. M. and recommended that the Board elect a temporary chairman since the chairman and vice chairman are sick. Mrs. Huckle moved that Mr. Simon Ryder be temporary chairman for the evening, seconded by Mr. Winter. Motion carried unanimously. Mr. Ryder welcomed everyone and introduced the members of the Board and the City Planner. APPROVAL OF MINUTES Minutes of the Special Meeting of February 21, 1980 Mrs. Huckle referred to Page 8, next to last paragraph, and Mr. Beane's statements and corrected that he cannot find out if the zoning is being changed "for" his office and she clarified that Mr. Annunziato's reply meant any commercial district. Mr. Annunziato agreed and suggested inserting "commercial" before district. Mrs. Huckle referred to Page 17, and corrected Mr. Tomberg's question asking if they "should" file a rezoning request. Mrs. Bond moved to accept the minutes of the February 21 meeting as corrected, seconded by Mrs. Huckle. Motion carried 5-0. Minutes of the Regular Meeting of February 26, 1980 Mrs. Huckle moved that the minutes of the Planning & Zoning Board for February 26 be approved as submitted, seconded by Mr. Winter. Motion carried 5-0. ANNOUNCEMENTS Mr. Annunziato introduced Mr. James Wolf, Mr, Vance's associate, and advised that he will be able to address some of the questions we have regarding the Comprehensive Plan and proposed changes. MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Mr. Ryder acknowledged the presence in the audience of Council- man Joe deLong and Councilman Marty Trauger. Mr. Grabeel announced that next Tuesday afternoon, March 18, there will be a bicycle information and safety seminar. "Only One Road", a 25 minute film on bicycle safety will be shown at 2:00 P. M. in the Council Chambers. This film produced by the Missouri AAA has received nationwide acclaim and will be pre- sented by Mr. Bob Husky, President of the West Palm Beach Recrea- tion Bicycle Club. The guest speaker will be Mr. Keith Kingbay, former racing and veteran cross-country cyclist. Mr. Kingbay serves on the President's Council on Physical Fitness and Sports, the U. S. Olympic Committee for Bicycling, the National Safety Council and is a national representative for the League of American Wheelmen. He is presentlY leading a bicycle tour of Greece, Morocco and Egypt. Anyone interest in or involved with cycling, bikeways, traffic safety, etc., is encouraged to attend. Mr. Grabeel announced on Thursday, March 20, at 7:30 P. M., we will have a town meeting on the 1980 census. There will be a film on the census and there will be speakers from the district office in West Palm Beach. COMMUNICATIONS Mr. Annunziato informed the Board that he has received a letter from Mr. Joe Lattel who is involved in the development of the First Financial Plaza and he is requesting that the Planning & Zoning Board hold a special meeting to review their revised site plan. Mr. Moore has requested that the Board review these modi- fications even though it is not approved by the Technical Review Board. He explained the few modifications to the plan. He added if they were required to wait until the next Planning & Zoning Board meeting, possibly they would not be able to save the Palm Trees. If the Board wishes to review these modifica- tions, they cover closing the curb cut on Ocean Avenue, modify- ing the paving to save the Palm Trees and some changes in the lighting. Mr. Ryder referred to reviewing these prior to the meeting and stated it looks like improvement in the access. If the Board members are in agreement, this could be added at the end of the agenda tonight. Mr. Ryder continued that the regular agenda should not take too long and he would like to propose that although the public hear- ing is scheduled for 8:00 P. M. to continue the changes to the existing zoning map, possibly it would be desirable to proceed with the regular agenda and continue the public hearing after that. Mrs. Huckle moved to add Mr. Gene Moore's modified site plan request at the bottom of the agenda with the public hearing being at the end of the regular agenda, so the people will have the opportunity to speak. Mrs. Bond seconded the motion and the motion carried 5-0. -2- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 CITIZENS AWARENESS PRESENTATION Mro Grabeel introduced Mr. Gene Caputo from the Area Planning Board of Palm Beach County. In Mr. Caputo's presentation, he gave the definition and history of the Area Planning Board and explained their functions and structure. A question and answer period followed the presentation. Mr. Grabeel announced that two weeks from tonight on March 25, the speaker will be Mr. Dick Warefield with the Areawide Health Care Council. OLD BUSINESS Site Plan Approval Applicant: Location: Project Description: Village Royale on the Green, Owners League, Inc. Richard Wensing, Agent (Tabled) N. E. 1st Court Recreational Building Mr. Annunziato informed the Board that a letter has been received whereby the applicant has requested this application be taken off the table and scratched from the agenda as they are going to sub- mit a revised plan. Mrs. Huckle moved to remove Village Royale on the Green Owners League site plan approval request from the table, seconded by Mr. Winter. Motion.carried 5-0. Mrs. Huckle moved to scratch this application for site plan approval from the agenda, seconded by Mr. Winter. Motion car- ried 5-0. NEW BUSINESS Site Plan Approval Applicant: Location: Project Description: St. Andrews Club, Inc. 4475 North Ocean Blvd. (Mr. Lamb, Pres.) Expansion of existing clubhouse Mr. Annunziato informed the Board this is an addition to the clubhouse to expand the dining and lounge facilities. Mr. Grabeel explained the location. He advised that what is pro- posed is simply to extend the clubhouse into the parking and driveway area slightly. It will be an addition to the first and second stories. This area is currently zoned C-l, but is proposed to be rezoned to R-3 to bring it in with the existing use. The parking proposed is 74 and the requirement is 60. There is a question about height which will be discussed in the staff comments. -3- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Mr. Grabeel referred to the staff comments and read the memo from the Building Department noting that handicap entrance ramps are no~ shown, handicap parking is not shown, and the first floor elevation is not shown. He read the memo from the City Planner advising the following comments are applicable: 1. Height: The area in question is subject to a use change via the Comprehensive Plan from Office Commercial to Multi-Family. The height limitation on the existing zoning is 25 ft., whereas the height limitation in.the proposed R-3 zoning is 45 ft. The building addition is proposed to be 26'6" in height. The ques- tion to be answered is which set of site development criteria apply. If the C-1 site criteria apply, then the new construc- tion cannot exceed 25 ft. in height; conversely, if the R-3 site criteria apply, then the building is correctly drawn as submitted. He recommends that this question be referred to the City Attorney at the.time that the plan is reviewed by Council. 2. Sidewalks: As this is the only property located in the City of Boynton Beach located on the east side of A1A, and the adjoining local governments are not requiring sidewalks, the T.R.B. recommends that no sidewalk be required of this developer. 3. Membership: The membership of the club cannot exceed 296 members based on 74 parking spaces provided at four members per parking space. Mr. Annunziato stated the overall staff comment is this plan be approved subject to recommendations. Mr. Larry S%ahl, representing the applicant, referred to the height and stated to clarify this, he would like to show a ren- dering. He explained that the building 33' tall and they are reqUesting to come out 5' on the existing ridge line, which is 26½' On either side of this building are apartments three stories high. The expansion is primarily on the west side of the building. Mr. Ryder asked if Mr. Wolf wanted to let the height question go as suggested for the City Council meeting and Mr. Wolf re- Plied affirmatively as they have had some preliminary discus- sions~ but have not reached a final decision and would like another week to prepare a recommendation for the Council. Mr. Winter asked what happened to the steps and Mr. Stahl ex- plained that the steps were eliminated and the driveway is being lowered to allow access from the gound level and an elevator is being installed in the building. He added they are addressing the handicap problem and wii1 take care of the comments noted by the Building Department. -4- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Mrs. Huckle made a motion that the Planning & Zoning Board recommend approval of the site plan application for St. Andrews Club, 4475 North Ocean Blvd., for expansion of their existing clubhouse, including staff comments. Mr, Winter seconded the motion. No discussion. Motion carried 5-0. Applicant: Location: Project Description-: First National Bank in Palm Beach W. Gossett, Agent Southwest corner of Briny Breezes Blvd. & A1A Branch Bank and Offices Mr. Grabeel stated this zone is currently C-1 and this plan is for a branch bank and offices. He explained the location and entry to the site. Parking is provided for with just meeting the requirements including two underneath the third lane of the drive-thru, which would preclude future development of this drive-thru lane. The height will be 25 ft. Mr. Ryder clarified that the northern boundary is consistent with the Town of Briny Breezes and Mr. Annunziato agreed. Mr. Ryder asked if Briny Breezes Boulevard is a private road and Mr. Annunziato replied that he is not sure, but there is no access onto it. Mr. Ryder referred to this being zoned C-1 and Mr. Annunziato agreed and added the use is consistent with the zone. Mr. Grabeel referred to the staff comments. He read a memo from the Building Department listing the following comments: 1. The developer of this property will be required to obtain turn-out permits from the Dept. of Transportation, be- fore permit will be issued. 2. Handicap parking requirements would be two spaces. This plan shows one. 3. The two required parking spaces under the second floor overhang cannot be utilized as a drive-thru at a future date. Mr. Grabeel read the memo from the Fire Marshal requeSting that a fire hydrant be provided in front of the property and that office shall be called upon so as to determine the location before installation of the fire hydrant. The Police Department has requested they coordinate security with their department. The staff recommendation is approval subject to comments. Mr. William Gossett, representing the applicant, stated he agrees to meet all requirements by the City as outlined. -5- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Mr. Ryder asked if the offices on the second floor would be associated with the bank and Mr. Gossett replied negatively and explained they will be rental executive type offices. He added they tried to follow the architecture of the St. Andrews Club as near as possible. Mrs. Huckle referred to the drive-thru lanes and Mr. Gossett explained that two lanes will be used for drive-thru tellers and the third lane will be a double parking space. Mr. Annunziato added the planning copy has been altered on the floor plan to show that a future drive-thru lane has been eliminated. If the bank could accommodate two spaces somewhere else, that drive-thru could be opened. The plans have been modified to show that. Also, this plan constitutes the remainder of the undeveloped property in Boynton Beach east of the Intracoastal. Mrs. Bond asked if the handicap parking requirements would be met and Mr. Gossett replied affirmatively and added they will abide by all the comments. Mrs. Bond made a motion to approve the site plan of the First National Bank in Palm Beach with staff comments. Mrs. Huckle seconded the motion. No discussion. Motion carried 5-0. Other Request by Robert Hamilton, President of Mariner Village of Boynton Beach, to change a portion of the plat and plan require- ments for Lake Worth Mariner Village by deleting a portion of the private road construction Mr. Annunziato referred to this application being forwarded to the Board at the request of the administration and advised that what this amounts to is a request for reduction in the scope of the plat and plans for Lake Worth Mariner Village to the extent of the private road serving lots 33-35 not be constructed at this time because the developer is not in a position to develop these three lots at this time and they are not part of Mariner Village. This request was reviewed by the City Engineer and City Utility Director and they submitted memos. He read Mr. Cessna's comment that the Utilities Dept. would have no objec- tions providing the present or future owners are responsible for any damage to the manhole, cover or ring~ when paving is actually done, and further, the Utilities Dept. is informed to inspect same at the time of the construction. He then read Mr. Clark's memo advising the Engineering Department does not have any concern in the requested deletion of roadway improvements as long as current owners or future owners of the platted lots affected know that the improvements will be delayed. Storm sewers crossing the area that serve other lots as shown on the paving and drainage plans should be constructed. All improve- ments must be certified by the Design Engineer and agreed to by the Utility Dept. and the Engineering Dept. prior to a recommen- dation for return of the bond. This has not happened yet. -6- MINUTES - PLANNING & ZONING BOARD ~ARCH 11, 1980 Mr. Annunziato stated that he suggests this request be approved subject to these two memos. Mr. Bob Hamilton stated that the drainage which is asked for is totally unnecessary. Mariner Village is a peninsula. These lots are not on the peninsula, but are across the canal. They are not in the Mariner Village structure. They are not allowed to use the Mariner Village amenities. Water and sewer has been installed on these lots. Fill was brought in to bring them to the proper elevation and it is actually a pile of sand. He cannot understand the request for drainage. These lots are bor- dered on the north by the canal, on the east by the Intracoastal, on the south by mangroves, and on the west by a group of homes, but the topography is such that it goes away from the'west to the east. A pipe could be put on that lot, but it will serve no pur- pose. Mr. Annunziato stated this will require further clarifica- tion and perhaps it shoUld be forwarded to the Council in the current form and he will get clarification from the City Engi- neer before the Council meeting. Mr. Hamilton added that if it is found a pipe is necessary, he will put it in to comply with the staff comments. Mrs. Bond asked if these lots were part of the original site plan and Mro Hamilton informed her they were part of the ori- ginal plat, but not part of Mariner Village. Mariner Village consists of 65 townhomes on a peninsula and when these are im- proved, they will not be a part of Mariner Village. They will be sold and developed as separate lots. Mrs. Huckle moved that the Planning & Zoning Board recommend that the request by Robert Hamilton, President of Mariner Village of Boynton Beach, to change a portion of the plat and plan requirements for Lake Worth Mariner Village by deleting a portion of the private road construction be recommended to the City Council for approval with all staff comments and consider- ations to be worked out particularly with the City Engineer, Mr. Tom Clark, with respect to the storm sewer requirement. Mrs. Bond seconded the motion. No discussion. Motion carried 5-0. Gulfstream Annexation Report Mr. Annunziato informed the Board that approximately one month ago, there was a request to the City Council to serve the pro- perty south of Gulfstream Blvd. lying between Dixie Highway and U. S. 1 with sewer and water service. This developer has agreed to seek annexation to the City now. Further, the com- mercial land lying to the south along U. S. 1 has also agreed. What has occurred is two annexation requests to incorporate that land. The City Council has had on first reading an ordi- nance to annex and is now in the position of advertising that ordinance consistent with State Statutes. He is advising the -7- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Board what has occurred. The staff has reviewed the applica- tion. According to the departmental review forms, no negative impact is anticipated as a result of this annexation. Mr. Lou Preiditsch referred to living in this area and told about having difficulty when driving to enter the highway. He suggests there be a right turn lane from the southbound lane to poSsibly help this problem. Mr, Ryder informed him this would be considered when the site plan is reviewed. Mr. Winter made a motion ~to acknowledge this Gulfstream annexa- tion report and acknowledge the C-3 zoning which is consistent with the zoning in the reserve area. Mrs. Huckle seconded the motion. No discussion. Motion carried 5-0. Review Modification of Site Plan for First Financial Plaza Mr. Annunziato stated this request comes to the Board without review by the Technical Review Board. It was submitted late last week. The modifications are minor and are positive in nature. The applicant is requesting review subject to staff comments forthcoming. Their request is to eliminate the turn- out onto Ocean Avenue and save some Royal Palms at the southeast corner of the plan. He then read the letter submitted by the applicant explaining the proposed modifications. Mrs. Huckle asked if on the original site plan for this office building, was the Ocean Avenue cutout the idea of the planner for the plaza or was it a requirement of the Technical Review Board and Mr, Annunziato replied negatively and advised it was requested by the applicant. He added that he feels this is an improvement of the site plan previously submitted. He recom- mends that he be instructed to submit this to the Technical Review Board prior to going to the Community Appearance Board with approval being subject to their comments. Mr. Winter questioned the number of handicap parking spaces required and Mr. Lattel pointed out there was one in the north and two in the south, which meet the requirement. Mr. Ryder asked if they contemplated paving N. E. 6th Court and Mr. Lattel informed him that this was just recently repaved. Mrs. Huckle asked if the roadway circles around to the north and Mr. Lattel explained the driveway system and how the ele- vation was corrected. Mr. Ryder referred to one area being in the right-of-way for the new bridge and Mr. Annunziato informed him the north property line is consistent with the property which has been taken. -8- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Mr. Annunziato suggested if this is going to be recommended favorably that it be subject to any staff comments which will be forthcoming. Mr. Ryder suggested that the applicant be in touch with the City Planner so when this matter comes before the Council, he will be asked whether he agrees with the re- quirements. Mr. Winter made a motion that the condominium office building of First Financial Plaza as amended be approved subject to any proposed staff comments. Mrs. Bond seconded the motion. Under discussion, Mrs. Huckle referred to the trucks having to come inside for the dumpster and Mr. Lattel agreed since this was not changed and added that everything is as originally approved except the south parking lot. MOtion carried 5-0. At this time, Mr. Ryder declared a five minute recess and then reconvened the meeting at 9:15 P. M. OLD BUSINESS (Continued) Contination of Public Hearing to Consider Amending the Existing Zoning Map of the City of Boynton Beach to Conform with the Comprehensive Plan Mr. Ryder announced this is a continuation of the public hearing started some time ago. Several hearings have been held as well as a workshop session. This hearing is confined to amending the existing zoning map of the City of Boynton Beach to conform with the Comprehensive Plan which the City has already adopted. The map indicates some 96 locations, which as a result of the Comprehensive Plan~ the zoning cate- gomies are dictated to be changed. The map shows the various locations and we have a draft copy of the proposed new zoning map on display. We are confined to discussing these changes only. Last week, the Planning & Zoning Board went over each of these changes in a workshop session. Basically they are changes in label which have little impact on the owners or surrounding areas and in some cases, they are changes which are logical to conform with the surrounding area. One matter which has had a lot of discussion is Area 49, the downtown area. A lot of people have spoken in opposition to the pro- posed change from C-4 to C-3. An attempt has been made to reduce the impact by allowing some of the C-4 uses to be in- cluded in this C-3 zoning. The Council has directed the City Attorney to prepare an ordinance to that effect. Mr. Ryder referred to having heard complaints about people not being notified properly and stated we are not required to advise each individual, but have followed the legal procedures for notifying the public. We had articles on television, in the newspapers, etc. The consultants presented the Comprehensive Plan in preliminary and final stages to the public. -9- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Mr. Ryder continued that we have come to the point where we should close after this hearing tonight and move this onto the City Council. He would like to give everybody here a chance to speak, but will have to.limit the time to not more than five minutes. Please keep to the subject at hand, which are these proposed changes and all we can act on tonight. He requested anyone wishing to speak to please come forward and give their name and address. Mrs. Dee Zibelli of the North Boynton Community Improvement Association referred to the portion being rezoned between Arthur Court and Atlantic Avenue from commercial to R-1 and Mr. Annunziato clarified this is Area 3 and we are making recommendations consistent with the plan and not rezoning. He explained this was a combination of Areas 3 and 5 with commercial along Seacrest Blvd. and R-1 zoning in the rear. Mrs. Zibelli asked if there was a possibility to raise this residential zoning from R-1 to R-lA since they are trying to upgrade this area? Mr. Annunziato replied it would be consis- tent with the plan, but the area to the north and south are R-1 and it is located behind commercial. Mrs. Zibelli told about this area having a lot of pride and making improvements to their homes and stated that R-l.means the same thing as they had along Seacrest Blvd. where the low income housing was built. Mr.~ Ryder questioned the area involved and Mrs. Zibelli informed him it is approximately five acres. Mr. Ryder added that it is adjacent to 1-95 and Mrs. Bond added that most of the lots are small and the land size isn't comparable for R-lA. Mr. Ryder clarified this entire area was C-2 and it is now being cut down with the exception of the frontage on Seacrest Blvd. The adjacent area is R-1. He thinks going from C-2 to R-1 is a distinct upgrading. Mrs. Zibelli referred to this area being zoned R-lA before 1974 and Mr. Annunziato replied that he didn't know. Mr. Annunziato explained that when sub- divided, it would allow 4½ to 5 units per acre. Mr. Ryder added that Mr. Post spoke on this property previously and was opposed to the proposal for R-1 and he was advised our proposal would remain R-l. Mr. Derle Bailey, property owner in this area, stated that what Mrs. Zibelli is trying to get across is immediately north of this approximate five acres, which is vacant and not subdivided, there are homes comparable to those homes in R-1AA zoning on Atlantic Avenue and Arthur Court. The houses to the south are comparable to R-1 but have been improved and enlarged. This land is sandwiched between comparable houses to the north and south and by zoning R-l, the lots can have 60' frontage. Mr. Annunziato agreed, but added they need 7,500 sq. feet. -10- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Mr. Bailey explained how this area could be subdivided into 75 ft. lots and this would be desirable for future employees of Motorola as this area warrants something better than R-1 zoning. He referred to other areas being zoned R-1 consist- ing of homes federally financed and how this had turned into a fiasco. He feels it is the duty of the people that work for the Cit~y and plan for the City to plan ahead. They have ap- proved Motorola and should consider the fact that we will be housing a lot of people working at the plant. Please take this into consideration before coming to a final decision. Mr. Jim Tirhorst, Manager of Gulfstream Lumber Company, referred to their property being zoned C-3 and stated they have been on this corner at 15th Avenue and Federal Highway for 15 years and have been continuing to grow. With the present zoning, they have been grandfathered in. He can understand the concern of the City to get a master plan developed. They don't contemplate changing their form of business or selling the business. Their big con- cern is under the present zoning, and the grandfather clause, if they have a fire or change ownership, they would be at the mercy of the code. They have always been industrial and the property is on the railroad and consists of one square block. The property is industrial and should be classified that way. They are being penalized being zoned C-3 and whenever they want to do anything~ they must go through different boards to get simple things done. He would like to conduct business like in the M-1 zone. Mr. Ryder informed him this is not one of the areas designated. He would have to go through the usual proce- dure of asking for a change in zoning. At the present time, there is no change proposed in this area. Mr. Tirhorst stated his concern is if this Comprehensive Plan is adopted, it is one more nail in the casket. The possibility of getting it rezoned to M-1 would then be dead. Mr. Ryder informed him this property will continue to be C-3. As far as going to M-l, there is a procedure for doing that, but he doesn't feel such a request would meet with too much success and it cannot be considered tonight. Mr. Wolf added that it is his understand- ing, the plan is already adopted and this is to get the zoning in accordance with the plan. Mr. Annunziato further clarified that the use for Gulfstream Lumber Company is not non-conforming. It can be rebuilt and sold. It is a conditional use. He explained that lumber yards are included in the C-3 zone as a conditional use. To expand the building, a site plan must be submitted and a public hear- ing held for t~conditional use. He believes this served a good purpose in their case as the neighbors were notified and supported Gulfstream Lumber Company. The plan does not address this and there is no change contemplated. The business is not non-conforming. -11- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Mr. Lou Samyn referred to owning lots next to the dog pound being rezoned from C-4 to C-3 and questioned what uses were going to be included in the C-3 zone from the presen5 C-4 zone. He is worried his property will depreciate considerably accord- ing to what he can put in there. Mr. Annunziato read the list of uses to be added to C-3 which are presently in C-4. Mr. Samyn stated this does not cover his problem. He has had tenants in this building for the past 25 years doing automotive repairs. His tenants will be non- conforming if this is approved. He bought this building for an investment and with the understanding they would be left alone. He feels he is being put under a hard- ship with making the tenants non-conforming. The dog pound will also be non-conforming. He does not feel it is America to take somebody's property. The valuation of the property would de- crease with the rezoning. In this area is the dog pound, rail- road, fish market and they do not even have frontage. A block away, the C-4 was not touched on U. S. 1. He feels there should be some relief. He feels he is being penalized.with just singling out this one block. Mr. Ryder informed him there was no intent to single out anybody. When changes happen, somebody has to feel it. We have heard similar complaints from people in this area, but to make them happy, we would have to revert back to what is there and cannot just walk away from this downtown area. Nothing has been done on the part of private enterprise to upgrade the area and we have to start somewhere. Mr. Samyn asked if he meant his area should be upgraded and Mr. Ryder replied the general downtown area should have. Mr. Samyn commented that it seems unique this one block was singled out. M-1 is across the tracks and the other C-4 has not been touched. He asked if he has recourse to go before the City Council and Mr. Ryder replied affirmatively. Mr. Ryder referred to the Board having been involved with this for quite a time~ as the Local Planning Agency as well as members of the Planning & Zoning Board, and explained how guidance was given by the consultants with objectives to be followed. The plan itself has been approved. We are just going through the necessary procedures now to bring the present zoning regulations in conformance with the plan already adopted. As a member of this Board for many years, it would be inconceivable to con- sider backstepping at this stage. It would not make sense since the plan has been approved. We have spent a lot of time on this. He feels we have come to the point where we must go along with this. We cannot disregard all that has been done. Very little has been done by private enterprise to do any upgrading. The City is responsible for orderly growth and development. As far as housing, the City has approved 10,000 housing units and we are not lacking in housing. He thinks we have come to the point where we have to close the hearings on this and make our recom- mendation to the City Council. -12- MINUTES - PLANNING & ZONING BOARD MARCH 1I, 1980 Mr. Robert Beane referred to the downtown area constantly being mentioned and questioned the boundaries of the downtown area? Also, he understands they do not want automotive repair in the downtown area~. Mr. Ryder informed him that Area 49 is the immed- iate downtown area and generally it is from Ocean Avenue from the railroad to the waterway and north to 5th AVenue. Mr. Beane asked how far west it would go and Mr. Ryder replied it would go to Seacrest Blvd. .Mr. Beane stated that next to the railroad in the downtown area is an automotive repair and body shop and questioned why this use wasn't included in the C-3 zone? Mr. Ryder informed him it is not our intention to permit any new enterprises of that kind in this area. It would not be consis- tent with the downtown area. Those existing can stay, but we don't want new ones to come in. He would not like to see a C-4 use come into the vacant lot across the street from City Hall. Mr. Beane asked if Goodyear is in the downtown area and Mr. Annunziato replied negatively since they are north of 5th Ave. Mr. Ryder read the editorial published in the Palm Beach Post on March 3 in reference to the planning in Boynton Beach. Mr. Samyn referred to the value of his property being decreased about $75,000 and stated maybe the City should have sent him a postcard for 15¢ telling him the City was going to take this one block. It should have been more than the newspaper ad for something like this. He served on the Planning & Zoning Board and it did not operate this way. The proper notification should be given so the people can defend themselves. Mrs. Bond asked how the people were notified when he was a member of the Board and Mr. Samyn replied the people were notified by mail if the zoning was going to be changed 15 years ago. Mrs. Bond asked why he didn't come before the City Council and request them to proceed with this same system and Mr. Samyn replied that he pro- bably should have. Mrs. Huckle stated if she personally had enough influence over the Comprehensive Land Use Plan, which the attorney has advised has been passed, she would not have wanted to take the property along the railroad track and try to incorporate it into this area. The railroad' has been there and doesn't invite a lot of uses. She does not think it would be a tragedy if the C-4 zone would drop down into a one block depth. It seems a C-4 buffer be- tween the tracks and the C-3 downtown area is a logical step in planning, particularly because there is M-1 on the other side of the tracks. This is her sixth year on the Board and she has been told by a variety of different consultants that zoning should be graduated from one use to another, so they compliment each other. The fact the track is here, it invites only certain uses. There is also the noise factor, dirt factor, etc. -13 - MINUTES - PLANNING & ZONING BOARD MARCH il, 1980 Mrs. Huckle continued that she would not like to sit in an office next to the railroad. Right along it is C-4 along the highway with uses as objectionable as what are along the railroad tracks and it does not make a lot of sense to have that small area along the track from 6th Avenue down to 3rd Avenue out of the C-4 zone when its uses were attracted to that area originally. The City even put their dog pound there. However, as the attorney has indicated the intent of the Comprehensive Land Use Plan was put into law last August. If we are labeling the downtown area as Mr. Beane requested, she thinks we should properly label every nook and cranny of the downtown area. She does not think it is proper addressing an area which people can do little about. They cannot do much to landscape it and cannot do much about the dirt and noise. She thinks one block of buffer is a very sensible way to bring the zoning into a comprehensive appearance. She would not want it to loop all the way to 2nd Avenue. Mr. Wolf stated that what is being said isn't necessarily fall- ing on deaf ears. The Comprehensive Plan has been adopted, but there is a procedure to amend the plan. What is being said might be true, but the proper procedure would be to go for amendment of the plan and rezoning at that time. Once it is adopted, it does not mean the Comprehensive Plan will remain forever. The strict issue being addressed tonight is the Comprehensive Plan has been adopted and State law requires the zoning to be in con- formance with the plan as quickly as possible and we cannot adopt zoning ordinances inconsistent with the plan. The Board is addressing each particular area to see what is consistent with the plan. It has been interpreted that C-4 isl not consis- tent with the downtown area. The gentleman has every right to come in and say the Comprehensive Plan is wrong and~ request a change. It is adopted now and we do not have an amendment to the plan before the Board tonight. Mrs. Huckle asked if there was a time period after adoption of the plan and Mr.. Wolf in- formed her it can be done any time and the man can file an application tomorrow. Mrs. Huckle clarified this would be done one lot at a time or a group of people could make the request with contiguous properties and Mr. Wolf agreed, as long as the procedures in the statutes are followed. Mr. Beane~ clarified that he would have to come before this Board and Mr,. Wolf agreed and the City Council. Mrs. Huckle asked if they are essentially C-3 now because the plan is adopted and Mr. Wolf clarified that the zoning stil~ states on the recordi it is C-4, but according to the plan it is C-3. Mrs. Huckle s~tated that technically they could ask for rezoning tomorrow ann Mr. Wolf clarified they would have to seek an amendment of t~e land use plan to allow the property to have a C-4 zone. Mrsi. Huckle asked if it is sold tomorrow, would the property ha~e to be sold as C-3 and Mr. Wolf replied that basically it wouldI as C-3 is being adopted to be consistent with the plan. It clannot be kept C-4 because it is not consistent with the plan. There are pro- cedures which the people can follow. -14- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Mrs. Bond clarified that as long as he still owns the property and still has a C-4 business, we cannot force him to go into a C-3 use and Mr. Wolf agreed it would be a continuing use; it would be a legal non-conforming use. Mr. Ryder stated at the last meeting~ the Chairman made a recom- mendation that Area $9 go from R-3 to REC and Mr. Annunziato agreed and added this would be consistent with the plan. Mr. Ryder stated when we formulate a recommendation, we should refer to the list of City-wide rezonings and Mr. Annunziato agreed. Mr. Annunziato explained his intent per Chapter 166 of the rezon- ing procedure is to advertise the map with the areas outlined along with the proper language and the list. Mr. Ryder suggested that the Board move in the direction of making a recommendation. Mr. Samyn referred to being under a restriction right now and told about his tenant having a beautiful automotive repair shop and would like to sell a few cars, but when he applied for an occupation license, City Hall would not approve it. The City has already imposed this. This is not C-4 even though it has always been C-4. It has been C-3 for several mOnths as his tenant was turned down by Mr. Annunziato. Mr. Annunziato clari- fied that it was not by him and explained the request was for an occupational license for a used car sales license which is permitted in C-4. According to the language in the plans that use was found to be inconsistent with the intent of ithe plan. Mr. Samyn stated he is being denied the use of the property. Mr. Samyn referred to having recourse by making an application and Mr. Wolf informed him the specific procedure will have to be established by the City Council, but he can make ~application with the City Clerk and it will be processed. Also ~in defense of Mr. Annunziato, the law says once a Comprehensive Plan is adopted and he had to follow the law. Mr. Samyn stated if he had been notified in August, possibly something could have been done and Mrs. Bond agreed. Mr. Samyn suggested again that the owners should be notified by mail to give them a chance to defend themselves. Mrs. Bond agreed and stated only a little map was in The Post and many people don't read The Post, but subscribe to the Sun Sentinel and she thinks it should be in both newspapers. Mr. Annunziato informed her that the City Council made a policy decision over a year ago to run all advertisements in The Post. Mrs. Bond commented that she doesn't personally read The Post and if she had property, she would be questioning the advertising. -15- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Mr. Wolf advised that the legislature when they passed the Com- prehensive Planning Act in 1975 said there are certain ways you have to notify the people and the City followed those ways. The City Council could make more restrictions. Mr, Annunziato added the advertisements which appeared in The Post were in addition to what is required. They were effective as people have been here objecting. Mrs. Janet Hall, Sea Mist Marina, referred to the plan being passed, but stated she still could not find out today what the difference is between C-3 and C-4. She doesn't see anything which makes her feel better with it being changed from C-4 to C-3, especially since this was passed as C-4 in August. She requests that her property remain C-4. Mr. Annunziato clarified the marina will remain the marina. If it remains C~4, it will receive the same.benefits as when the use changes are adopted by the City Council for C-3. Mr. Ryder announced that he thought it would be desirable at this time to close the hearing and make a recommendation to the City Council. Mr. Winter made a motion to close the public hearing, seconded by Mrs. Bond. Motion carried 5-0. Mr. Ryder referred to the recommendation to be made and asked if it should refer to the list of locations and specifically Area ~9 and Mr. Annunziato replied affirmatively that the recom- mendation should include any changes to the proposed list. Mrs. Huckle asked what happened to the parcel Mr. MOore asked about in the north end of the City, Area ~7 and Mr. ~Annunziato advised that he checked the plan and explained that the single family designation was extended from the Intracoastal to U. S. 1. There was no error in the map. Mrs. Huckle referred to every- ~ing along U. S. 1 being C-3 for a 300' depth and questioned why that was rescinded in the Comprehensive Plan and Mr. Annunziato informed her there was vacant land and the trailer court lying east of the zoning line. The trailer court was made non-conforming in 1975 and the commercial land was undeveloped. The intent was to redevelop the area in single family houses. Mrs. Huckle questioned single family homes along U. S. 1 and Mr. Annunziato replied this was correct and it could be done with some buffering. Mrs. Huckle asked if the comments were addressed from the first hearing and Mr. Annunziato replied negatively. Mrs. Huckle re- quested these to be reviewed. Mro Annunziato referred to Mr. Moore's objection to the change in use and zoning from C-3 to R-1AA on the property on the east side of North Federal Highway and Mrs. Huckle requested the Board members' feelings about this objection. Mr. Ryder replied the Board has gone through this. -16- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Mrs. Huckle asked if the attorney had located the annexation agreement Mr. Post referred to and Mr. Annunziato informed her that we have not been able to and neither has the developer been able to provide a copy of said annexation agreement a letter expressing Mr. Field's desire, but no soli~ binding the City. A further agreement provided for park which was not provided. Mrs. Huckle clarified researched this and Mr. Annunziato replied affirmatl added a representative of the applicant was in City to find the same agreement. They have been asked t, for action if they find it. Mrs. Huckle clarified ' is obstructing the proposed change and Mr. Annunzia' this was correct, as far as can be determined. There was agreement a four acre that he has [vely. He Hall trying submit to us zhat nothing zo agreed Mrs. Bond referred to Mr. Moore's objection of the zoning remain- ing R-2 on the property south of the water plant and requested M-1 and stated this is the area where Seaway Villas!is being built and she doesn't think it would be compatible to zone this area M-1. Mr. Annunziato read through the objections listed from the previ- ous meeting. He added that some questions were als0 asked. Mr. Moore questioned the bulkhead line and a memo has b to the City Manager for legal clarification as to tl the Comprehensive Plan. Mr. Beane questioned the il Comprehensive Plan has on uses made non-conforming . forwarded to the City Manager for legal clarificati, Beane questioned the uses in the downtown area and fied the land subject to change in the downtown are. available all uses in the C-3 zone currently plus al sequently added. Mr. Oyer referred to a Downtown D. Authority and the potential exists in the plan subj ther study. ~en forwarded ~e impact on ~pact the ~nd memo was )n. Mr. it was clari- will have %y uses sub- ~velopment ~ct to fur- Mr. Drew referred to there being questions about the notifica- tion and stated even though it was legally correct, probably some statement should be considered by the Board to forward to the City Manager to the effect that we agree legally we may be correct, but perhaps it was insufficient. He thinks the City Manager should bring this to the City Council's attDntion. Mr. Wolf agreed this was proper and suggested that possibly the Board forward a recommendation to the City Council as to what they feel would be proper notification. Mr. Ryder ~dded that he would not like to say the legal notice was not sBfficient, but they should explore whether the present method Of advising people is adequate. Mr. Wolf clarified that it was legally sufficient. However, what is laid out in the statu~e is the minimum requirement and the Council can adopt a morD stringent procedure. Mr. Drew requested that a direct statemDnt be for- warded to the City Manager. Mr. Annunziato suggested that public notification be addressed at another time so a recom- mendation could be made on expansion and he will prepare a basic legal procedure for the members' study, -17- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 Mrs. Huckle stated that according to the Florida Statutes, the advertisement shall not be placed in the newspaper where the legal notices or.elassified advertisements appear and Mr. Annunziato informed her the map didn't appear in the legal ad sectiOn. Mrs. Huckle added that she was led to believe the map advertising was a courtesy, but the wording sa~ an advertisement shall also contain a map and Mr. Annunziato replied that is at the Council level. This map will be advertised again. The re- quirements will be met. Mr. Wolf clarified there will be two public hearings before the Council and we will meet the require- ments. In the future, one hearing will be before the Planning & Zoning Board and one before the City Council. Mrs. Huckle clarified that there will be two more hearings before the City Council and Mr. Annunziato agreed and stated there will be a hearing prior to the ordinance to amend and a hearing on the ordinance to adopt. Mrs. Huckle stated the local governing body shall hold two public hearings on the proposal and Mr. Wolf replied this is what is going to be done. One hearing could be on the first reading of the ordinance and there will be a second public hearing. Mr. Annunziato added there will be at least two hearings prior to adoption of the ordinance. Mrs. Huckle asked if the people will be able to express themselves and Mr. Wolf replied the public will be given the right to speak at the hearings. He added because there were some complaints about the map, they felt it would be better to hold two public hearings before the Council. In the future, hopefully there won't be any controversy and one of the public hearings will be before the Planning & Zoning Board. Mr. Ryder announced that a motion was needed to amend the exist- ing zoning map and ordinance of the City of Boynton Beach to conform with the Comprehensive Plan, specifically with the modi- fications of the City-wide rezoning consisting of 96 items and also Item 9 should be REC instead of R-3. Mr. Winter so moved, seconded by Mrs. Bond. Motion carried 4-1 with Mrs, Huckle dis- senting. Mr. Annunziato requested Mrs. Huckle to state her reason for objecting so he could make a statement to the City Council and Mrs. Huckle replied that she is not required to and prefers not to. Mrs. Huckle referred to what actually exists on the properties and stated the property near High Point was requested to be re- zoned to R-3. They came before the Board and the audience was packed in opposition and the Board turned it down. The opposi- tion was so strong,the people withdrew their application before it went to the City Council. However, the Comprehensive Plan as adopted shows that entire piece as R-3, which they requested. Why did they have to come in for rezoning if the Comprehensive Plan shows R-37 Mr. Wolf stated that technically the Comprehen- sive Plan does not change the zoning. The Comprehensive Plan is more general. It will tell you in most cases several zoning categories allowed in a particular section. What the law says -18- MINUTES - PLANNING & ZONING BOARD MARCH 11, 1980 and the Attorney General issued an opinion on,is that you cannot rezone property inconsistent with the plan and it is the duty of the cities to rezone property to be consistent with the plan as soon as possible. Technically these properties have not been re- zoned. The law says further there shall be no development permits issued inconsistent with the plan. Development permits are building permits, variances, etc. Although not technically rezoned, the plan is under the zoning. Technically these pro- perties have not been rezoned yet, but cannot be used inconsis- tent with the plan. That is why the Attorney General issued the order for the cities to rezone the properties as soon as possible. Mr. Annunziato referred to this specific property by High Point and stated it shows a maximum density of 10.8 units per acre. The categories on the Land Use Plan deal with densities and not zones. A PUD would be consistent with the plan as long as it didn't exceed 10.8 units per acre. Mr. Annunziato referred to trying to implement the plan in an orderly manner and Mr. Wolf added that probably some mistakes have been made, but the people will have to ask for amendments. ADJOURNMENT Mr. Winter made a motion to adjourn, seconded by Mrs. Bond. Motion carried 5-0 ~d the meeting was properly adjourned at 10:45 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretarv (Three Tapes) -19- 1. 2. 3. ,5 o AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: March llth, 1980 TIME: 7 - · 30 P.M. PLACE: Council Cha~ers City Hall Acknowledgement of Members and Visitors. Reading and Approving of Minutes. Announcement. Communications. ~lzens~Awareness,, Presentation: ~r. Gene Caputo, Ar~ea Planning Board of Palm Beach APB & Local Government" County - "The 6. Old Business: Continuation of Public Hearing 8:00 P.M. Public Hearing to consider amending the existing zoning map of the City of Boynton Beach to conform with the Comprehensive Plan. Site Plan Approval: 1. Applicant: Location: Legal Description: Project Description: New Business: Village Royale on the Green, Owners League Inc TABLED (.Richard Wensing, agent) ' N.E. 1st Court See Survey Recreational Building ae o Site Plan Approval: Applicant: Location: Legal Description: Project Description: Applicant: Location: Legal Description: P~o.jg~t Description:. Other: St. Andrews Club, Inc. 44.75 No. Ocean Blvd. (Mr. Lamb, Pres.) See Survey Expansion of existing Clubhouse First Nat'l Bank in-Palm Bch (W. Gossett, S.W. corner of Briny Breezes Blvd. & A1A See Survey Branch Bank and ~-' O~tlces agent) Request by Robert Hamilton, President of Mariner Village ?~ of Boynton Beach to change a portion of the plat and plan re- quirements for Lake Worth Mariner Village by deleting a portion of the private road construction. Gulfstream Annexation Report.