Loading...
Minutes 02-26-80MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, FEBRUARY 26, 1980 'PRESENT Arnold Thompson, Chairman Fred DiSalle, Vice Chairman Lillian Bond Wayne Drew Marilyn Huckle Simon Ryder Garry Winter Carmen Annunzmato, 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 Marty Trauger. Mr. Annunziato introduced Mr. Kevin Hallahan, the Forester working with the City,and explained he will be assisting the Board during the site plan approval process procedure. MINUTES OF FEBRUKRY 12, 1980 Mrs. Huckle referred to Page 11, third paragraph, and in- serted the addition of "radiology" out-patient area in reference to Bid Package D. She then made a motion that the minutes of February 12 be approved with this addition, seconded by Mr. DiSalle. Motion carried 7-0. ANNOUNCE~.~ENTS Mr. Annunziato referred to Mrs. Huckle!s insight listening to the testimonies of those areas not considered part of the rezoning and stated she asked whether it was appropriate for the Board to take action or listen to testimoney of those areas not included in the 96 areas marked on the map. He consulted with the City Attorney and City Manager and they felt it would not be proper for the Board to take action on anything not advertised. Any application not consistent with the 96 areas can be forwarded through a regular rezon- lng procedure to the Board for a recommendation and to the City Council for action. If not subject to rezoning by this plan, the applicant can seek recourse through rezoning and can be notified. Chairman Thompson added that he will not ask for a motion on the minutes of February 21 since this meeting is being continued tonight and we just received these minutes and have not had the opportunity to read them. MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 CITIZENS AWARENESS PRESENTATION Mr. Grabeel announced that we have with us tonight Ms. J. Studstill and Mr. Bob Brooks from Palm Beach County Housing and Community Development and their presentation will be in regard to housing opportunities. While they distributed literature, Mr. Grabeel suggested that the people present take a census pamphlet and explained how this is a very informative booklet. Also, he requested the people to com- plete the survey questionnaires in the rear of the room so we will have information on the programs they would like. Mr. Bob Brooks then showed slides of before and after rehabi- litation projects which have been done by their agency. He explained their programs and answered questions from the audience. Ms. Studstill then explained the brochures dis- tributed and the funding of their projects. Chairman Thompson referred to a motion being made last Thursday to continue the public hearing at 8:00 P. M. tonight and announced since the agenda this evening is pretty short, he would like to take care of the regular business of the Planning & Zoning Board before continuing with the public hearing. OLD BUSINESS Applicant: Location: Project Description: Village Royale on the Green, Owners League (Richard Wensing, Agent) (Tabled) N. E. 1st Cour~ Recreational Building Chairman Thompson read a letter from the applicant requesting this to be tabled until March 11. He announced this will remain on the table until the next meeting. NEW BUSINESS Subdivision Pre-Application Applicant: Cedarwood Villas Phase II (Clyde Worrell, Agent) Location: Congress Avenue at S.W. 19th Avenue Legal Description: Parcel E Plat of 10th Section, Palm Beach Leisureville Project Description: 48 Single Story Villas and Swimming Pool -2- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Mr. Annunziato informed the Board this is a pre-application in the Subdivision Regulation. This is the opportunity for the developer to meet informally with the staff and Planning and Zoning Board and present his concept. The application proposes the construction of 48 single story attached villas similar in design to Phase I of Cedarwood Villas. He read the utility and soil notes. Mr. Clyde Worrell informed the Board this consists of 4.34 acres with ten units per acre. This is a continuation of the first phase of Cedarwood Villas. The only thing which they have changed is due to the size of the property, the north set of buildings will be single depth units which will give the fee simple purchaser there a front and rear yard. These will back up to commercial property, so they will have 30' in the rear yard. They will be delu~ two bedroom, two bath units. Mr. Worre~ advised that he read the notes from the Technical Review Board and one of the requirements is the elevation must be in excess of 13' and their preliminary designs show in excess of 14' elevation. They do not have much control over the established utility roadway concept which has been accepted by the City. Phase II was planned with Phase I when the Leisureville Subdivision plat was completed. The engineering shows where they will be hooking up to sewer and water. He understands there are some requirements regarding fire hydrants, etc. and these will be worked out. Mr. Annunziato referred to the staff comments and read the memo from the Building Department that sidewalks will be required on 19th Avenue and Congress, Water Management must approve over two acres of impervious material, this will re- quire Board of Health approval, and the finish floor eleva- .tion mus~ be 13' or above. He read the memo from the Fire Marshal noting that fire hydrants shall conform to Subdivi- sion Regulation #77-36 and all water lines are to be looped. He explained the locations recommended for fire hydrants. He read the note from the City Engineer to include 22' of pavement. He read the requirements from the Utilities De- partment: 1. The water and sewer line to be extended north- ward along the east end of the property to the northern most limits of the development; off of this at the private street that runs west- ward, the sewer line should be extended west- ward to serve ~he eastern half of the develop- ment. 2. The water line should be extended to allow for proper installation of the fire hydrant in the center of the property with a looped line. -3- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 3. The sewer line should be laid at a depth that will allow the property to the north of this project to be served off the same line. 4. Easements must be provided where required. Mr. Annunziato explained the sewer and water lines recommended. He added that his comment is they provide street lights and an on-site traffic plan. He read the memo from the Recreation Director advis~g that per the Subdivision Ordinance require- ments, the open space dedication is 48 units @ .015/ac/unit = .720 acres. He recommends one-half credit for private recreation facilities be allowed and fee in lieu of land equivalent to .36 acres be provided. The overall staff recom- mendation is this pre-application be approved subject to comments. Mr. Worrell commented that he received these memos and he is sure everything can be worked out. Chairman Thompson asked if he was in agreement with the comments and Mr. Worrell re- plied affirmatively, other than the expensive sewer, but they will discuss that. Mr. Ryder referred to the main access being in the center of the development and asked if the access shown by the lift station was for the lift station site only and Mr. Worrell replied the lift station is at a point where they will have to work around it or eliminate that access. There is the possibility they would have to dead end the front and turn one unit around. Mr. Annunziato referred to this coming under discuss~n at the Technical Review Board and advised this cannot be dead ended because it is 12' of pavement and this is why he has required an on-site traffic plan. A loss of a unit will result if this driveway is tied into the roadway easement. Mr. Ryder referred to the note on the plan showing a 12' paved roadway in the 30' road ease- ment and Mr. Annunziato stated construction of this public roadway easement requires 22v of pavement for two way traf- fic. Mr. Winter asked if this is about the same density as the original units and Mr. Worrell replied affirmatively. Chair- man Thompson asked if the only recreation was the pool and Mr. Worrell replied affirmatively. Mr. Ryder stated that in building Phase I, they made the bike paths almost impossible to use along Congress Avenue. He would hope this would be corrected. Also whatever they are going to do on Congress Avenue in Phase II hopefully will be in better condition than they left Phase I. Mr. Worrell in- formed him that the bike path was on their property and they -4- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 had to pay to have it moved. Mr. Ryder remarked that it is narrow and in close proximity to the fence and Mr. Worrell agreed the bike path doesn't meet the requirements of the code and perhaps they have not maintained it as good as they should have, but they will clean it up before leaving the site. Mr. Ryder moved to recommend approval of this pre-application of Cedarwood Villas located on Congress Avenue and S. W. 19th Avenue, consisting of 48 single story villas and swimming pool,in accordance with all staff conditions and require- ments. Mrs. Bond seconded the motion. No discussion. Motion carried 7-0. Site Plan Approval AppliCant: Hunter's Run Golf & Racquet Club/PUD (Mr. C. Gilbert, Agent) Location: 3500 Club House Lane Legal Description: Eastern portion of Tract B-2 Project Description: 164 units (apartments & townhouses) with Community Building, Lakes and Pool Mr. Annunziato informed the Board this site plan is for a tract at Hunter's Run providing for 164 units, community building with pool and lake. This site is served by City sewer and water which were installed with Summit Blvd. The floor plans and building elevations are the same as those recommended by the Planning & Zoning Board and ap- proved by the City Council previously. One issue which resultd when the accompanying Tract B-1 went through the site plan approval concerned the number of parking spaces. Initially they received approval for 1.75, but the City Council found it necessary to have two spaces and this pro- posal shows two parking spaces per unit. The buildings are one and two stories and the gross density is 7.7, which provides fewer units than approved. The building area is 143,840 sq. feet and 15.5% of the lot, 328 parking spaces are required and proposed, the parking aisle area is 133,500 sq. feet and 14.4% of the lot, the street area is 55,608 sq. feet and 6% of the lot, the lakes and landscape area is 594,179 sq. feet and 64.1% of the lot, and the total floor area is 247,476 sq. feet. -5- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Mr. Annunziato referred to the staff comments and advised the Building Department has noted these plans indicate no additional parking for the community building and there are cases where the required parking for a unit is across the road from that unit. He added this doesn't provide an ordi- nance problem and explained the location of the spaces meet the requirements. The Engineering Department notes subject to Lake Worth Drainage District approval. The Public Works Department notes to coordinate the dumpster location with their department. He has commented to provide parking for the community building. Mr. C. Gilbert questioned how the additional parking for the community building was set forth in the code for PUD and Mr. Annunziato replied that he would have to check the code, but thinks it is based on occupancy and seats. Mr. Gilbert stated they are so overwhelmed now with parking area in this project that it seems impractical to increase the black top area. With increasing the parking to two spaces per unit, it makes the black top greater considering the aesthetics. Mrs. Huckle advised the requirement is one space for each four seats in the community building and Mr. Annunziato added the other PODs required spaces at the community build- ing and Mr. Gilbert replied they will see if they can get these spaces in. Mr. DiSalle made a motion that the site plan for Hunter's Run Golf & Racquet Club, eastern portion of Tract B-2, con- sisting of 164 units (apartments and townhouses) with community building, lakes and pool, be approved subject to staff comments. Mrs. Huckle seconded the motion. No dis- cussion. Motion carried 7-0. Applicant: Location: Project Description: LJR Developments Warehouse & Office (John Diehl, AIA, Agent) S.E. corner of S.W. 30th Avenue & S.W. 14th Street Office and Cosmetology Mfg./Warehousing (Resubmission~to correct building and parking space locations) Mr. Annunizato informed the Board this is a resubmission of an approved site plan. The applicant's letter submitted clearly explains the need for resubmission. The site wasn't perfectly square and the final measure affected the setbacks. The amount of parking provided exceeded the requirements. The staff reviewed this submission and had no comments. The recommendation is this modification be approved. -6- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Mr. John Diehl advised that he was told today in reference to the transformer pad, Florida Power & Light Co. has asked that the pad be enclosed with an enclosure. The present enclosure for the dumpster is 5' and FPL wants a 9' high enclosure. Mr. Annunziato questioned how this impacts on the plan and Mr. Diehl replied it will just be the physical enclosure and the tree must be removed. They did bring the power underground and now FPL wants a transformer building. Mr. Annunziato suggested that the motion include subject to requirements of FPL. Chairman Thompson asked if this enclo- sure would be a chain link fence and Mr. Diehl replied nega- tively and explained that it will have a block wall with a chain link roof and door. Mr. DiSalle made a motion that this modification for LJR Developments Warehouse & Office located at the southeast corner of S.W. 30th Avenue and S.W. 14th Street, be approved subject to the requirements of Florida Power & Light Co. Mr. Winter seconded the motion. No discussion. Motion carried 7-0. At this time, Chairman Thompson declared a five minute break. He reconvened the meeting at 8:45 P. M. CONTINUATION OF PUBLIC HEARING FROM FEBRUARY 21, 1980 Consideration of Placinq C-4 Uses into C-3 Zone Mr. Annunziato stated it was the intent of the planning staff to take uses out of the C-4 zone and add to the C-3 zone to eliminate some of the non-conformity which would result in the changed land use. The list they recommend is: Bicycle sales and repairs Boat sales agencies Bus terminals and taxi offices Governmental facilities Marinas (including dry storage) Office supplies and office furniture stores Trade and business schools Yachtels and boatels Furniture stores - new and home furnishings He added thew was also the suggestion at the public hearing that print shops should be included in this change in use and he has no objection to that. Chairman Thompson referred to numerous comments being made last Thursday and requested new information or discussion to be brought forward from the audience at this time. -7- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Mr. Robert Beane apologized to the Board for getting a little hot last week and stated he is opposed to rezoning the pro- perty we talked about from C-4 to C-3 which makes all his tenants non-conforming. Mrs. Huckle clarified that office supplies and furniture stores covered office furniture only. She questioned why only new furniture stores would be allowed and Mr. Annunziato replied that he does not think it is the intent to include used furniture stores in the downtown area. Mr. Ryder referred to printing and sign shops and Mrs. Huckle replied the~would be acceptable. Mrs. Bond asked if they would cover printing a newspaper or printing cards and Mr. Annunziato replied it could be both. Chamrman Thompson stated the problem with sign construction is that it does requir.e overhead doors or a warehouse type facility. Printing is different from sign construction. Mr. DiSalle suggested that sign shop be taken out and Mr. Drew suggested that these be limited to being in an enclosed building or structure. Mr. Harvey Oyer stated he is opposed to changing any of this from C-4 to C-3. He appreciates the consideration for a print shop. He feels as a property owner, there is a dif- ferent approach needed to upgrade the core section of Boynton Beach which would be by establishing a downtown authority with leadership from the City regarding parking, parks, rights-of-way, etc. and the City could be upgraded mn a better fashion. In regard to second-hand shops, he thinks the Board should keep in mind as the economics and uses of an area change and a tenant moves out, the City does not stop collecting utilities, and repairs and insur- ance continue for the owner. Their problems are restrictions under the present codes which prohibit the property owner from upgrading their property because it is non-conforming. He thinks the intent is commendable, but the approach is wrong. He does not think it can be accomplished through zoning. Worth Avenue has a consignment shop; what is one person's junk is another person's treasure. He does not think the City can regulate every aspect of an individual by what is the current philosophy of a group. He is opposed to the change of zoning from C-4 to C-3. If there are some specific objectionable uses in certain areas, he thinks a better approach would be to regulate these. He realizes tire recapping and automobile shops could be better controlled by a separate classification or ordinance and give protection to existing places and control the aesthetics. He is opposed to this proposed ordinance. -8- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Mr. Bob Constant, representing the owners of the parcel at N. E. 1st Street and 2nd Avenue, stated they are against rezoning this from C-4 to C-3. Recently they lost a sale on this property due to the Comprehensive Plan. They were not aware of the hearing in August. He questions why an auto parts store would be objectionable on 2nd Avenue. Mr. Annunziato clarified that he is objecting to the change in land use and he is saying maybe an auto parts store should be included in the C-3 zone. We did have some discussion about auto parts and it was hoped to be permitted in C-2, but he thinks it can be permitted in C-3. Chairman Thompson stated the implementation of the Comprehen- sive Plan has enacted many changes, one of which is the down- town area. The Comprehensive Plan was approved in August, 1979. Everything we are doing tonight is to change the usage in the C-3 district to encompass some uses in the C-4 district. There were many opportunities for the public to address these changes. If there were some who were not aware of it, all the advertising procedures were complied with. A comment re- garding opposition is something we cannot consider. Mrs. Huckle referred to doing some research on this and stated she cannot find, even though the Comprehensive Plan was accepted on August 21, 1979, where there were zoning labels on anything. She would like to know where this took place. She thought the purpose of this hearing was to put zoning onto the map to correspond to the Comprehensive Plan. She cannot find anywhere where the downtown area was rezoned from C-4 to C-3. She cannot find any exact labeling done last August. Mr. Annunziato stated that technically Mrs. Huckle is correct. There was a lot of discussion to change the uses from C-4 to C-3 and some discussion came to be known as C-3. It is nec- essary to change the land use controls to reflect the desired land use types. The retail zone is C-3, but it doesn't say C-3. Mrs. Huckle continued that she thought it was the pur- pose of the public hearings on the map to find the appropriate label for the intent. It is not past fact that as of last August, downtown was C-3 or the other 95 areas were pinpointed. Mr. Ryder commented that about 1/3 of the properties are from City owned to recreation or public ownership which do not pose a problem and Mrs. Huckle agreed. Mr. Ryder clarified that we are trying to upgrade and possibly will be doing so at the expense of some unfavorable impact on some existing uses. However, he is not in favor of having a C-4 use opposite City Hall on vacant land. -9- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Mrs. Janet Hall, owner of the Sea Mist Marina, came before the Board and advised that they also l~ve on this property. She finds they are non-conforming because they live there. She would like to ask specifically since both sales and marinas were mentioned, what is the specific zoning now of the Sea Mist Marina property? Mr. Annunziato informed her the zoning represents the zoning classification of C-3. Mrs. Hall continued that at the August 22 public hearing, it was recommended the portion of land belonging to Sea Mist Marina be zoned undevelopable. This was brought to the City Council's attention. They made several trips to meetings and to Tallahassee to discuss problems of being on the water and bordering endangered lands and the result was the City Coun- cil unanimously voted that this land remain as it was zoned at the time - C-4. To her knowledge, this was never changed. It specifically mentions C-4 in the minutes. They are here to object to it being changed. The City Council voted to eliminate that property from Mr. Annunziato's proposal of lands declared unusable. Mr. Annunziato stated in the plan it states the future use of the property shall be consistent with DER approval. There is no question the use of the land did not change and that is why we are asking that it be included as a conditional use in the new retail zone of C-3 in the downtown area, the same as it exists in C-4. Mrs. Hall replied that she hopes she has not worked over 20 years to wind up being a condi- tional use. He is saying as long as she stays there and runs it, that is fine, but if she wants to lease a portion, then it is conditional and no longer legal. She built a new building about five years ago and a few years later, she wanted to close in the front portion and found out it was non-conforming because there is no setback. It is hard enough to get plans submitted according to the building codes without having the property zoned condition~so she must conform to other problems than just build according to the code. Mrs. Hall stated since this is important, she would like to read the discussion from the City Council meeting. She then read the discussion and the motion to incorporate the land lying north of 2nd Avenue, south of 6th Avenue, east of U. S. 1 and west of the Intracoastal to be left in the present category and not as represented in the Comprehen- sive Plan. The City Council saw fit to have it eliminated from the zoning and she hates to fight for it again. -10- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Mr. Annunziato replied that the point is well taken. The intent was not to change the land use on her property. Mrs. Hall disagreed and stated the intent was to change it. If they are non-conforming, they are stymied. Mr. Annunziato informed her the non-conformity dealt with the setbacks. In terms of use, we are trying to make sure she has the same rights. Mrs. Hall clarified that she wants the same rights for herself and her heirs. This land was eliminated from the Comprehensive Plan. The City Council voted to leave it C-4 and she objects to it being changed now. Chairman Thompson informed her that we are allowing for those uses currently in C-4 to be in the C-3 zone. The uses will be there, so the actual zoning should not matter. These uses will be allowed in both zonings. Mrs. Hall clarified that it would be a conditional use and Mr. Annunziato replied that it appears that way in the C-4 zone now. Mrs. Huckle stated that the way she reads the code, dry storage is the conditional use and Mr. Annunziato informed her the entire thing was meant to be conditional use. There was no intent to do away with that use. Mrs. Hall stated they do not want to be conditional or non- conforming. They have a complete marina and have had it for years and there have been no objections. All they are asking is the status of their property remain exactly as it was when the Comprehensive Plan was approved. Mr. Annunziato informed her this is what is being recommended. It is permitted in the C-4 zone now as a conditional use and will be permitted under the new modified C-3 zone as a conditional use. Mr. Dan Gurnsey, Jr, stated that the minutes of the Council meeting are clear and it states the land should remain in the same zoning category. Why are they spending so much time on it? Why don't they do what the City Council mandated on August 217 It should be left C-4. Why should it be brought up again? Most of the people present appeared at the previ- ous meeting. Chairman Thompson informed him that this parcel is included under consideration for the downtown area to be zoned C-3. Mr. Annunziato stated %he way the language reads in the min- utes, the intent is understood and it was not to make the marina non-conforming. We are not attempting to make it non-conforming. However, the intent of the language being incorporated into the Comprehensive Plan was to take into account the objection and Mrs. Hall disagreed and stated the intent was to actually eliminate her property from the plan. -11- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Mr. DiSalle referred to there being confusion in the use of language and stated'this property was non-conforming as C-4 and will continue to be non-conforming. Mr. Annunziato corrected him that it was conforming in C-4 and will con- tinue exactly the same in the proposed C-3 zone. They are not non-conforming. There may be some aspects of setbacks rendering them non-conforming which does not change regard- lng the street location and building location. As far as the use is concerned, there is no change. Mrs. Hall referred to having very adequate building codes in the City of Boynton Beach and asked that the land designated as the Sea Mist Marina properties be zoned for a marina. It seems the only sensible conforming use would be a marina since it has been that for 20 years. She asks that this property be made conforming zoning. There are no other properties in the City which can be used for a marina. If there is going to be a continual problem of conforming and non-conforming, she asks this to be zoned as a marina and this be an actual zone in the City. Mrs. Huckle asked if it could be included under the public ownership usage since this is publicly used and Mr. Annun- ziato replied there would be a conflict in the profit motive. Mrs. Hall referred to a garage or gas station not being allowed in C-3 and stated there are other zoned areas where they can locate, but a marina cannot be moved. This area should be zoned '~Marina". Mrs. Huckle advised that actually with the C-3 zoning pro- posed, it is just a label and does not change the uses. Mrs. Hall stated if they are going to put labels on things, then give them a M for Marina. She wants to be a conform- ing business. Mrs. Bond referred to there being another marina on North Federal Highway and Mrs. Hall agreed and stated this should also be zoned Marina and they should be allowed to be there legitimately. Mr. Annunziato suggested this may be something to give fur- ther study to. There is a difference relating to non-con- forming use due to setbacks or lot size, which has nothing to do with the use. The proposed C-3 offers the same posture as the C-4 offered. Mr. Drew questioned why it should be changed then and Mr. Annunziato replied that it should be to bring it in with the Comprehensive Plan. -12- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Chairman Thompson stated that one of the main reasons to in- clude this in C-3 is to eliminate spot zoning, tf this is allowed to remain C-4, it is spot zoning within the new C-3 zone. What we have done is move the designation as it was contained in the C-4 zoning to the C-3 zone and encompassed this marina in the new C-3 downtown zone. Everything will be allowed as it was before. The usage of a marina will be the same in the new zone. Mrs. Bond asked if private marinas could be included in the Recreation District and Mr. Annunziato replied that the in- tent was to separate the aspects of recreation which are private and fo~ profit. Mr. Harvey Oyer came before the Board again and stated one of the problems is the difficulty keeping track of what is going on. He attended several hearings during the past year and was never aware it had been rezoned. When there is rezoning of a specific property, the property owners should be notified. He thinks the point Mrs. Hall brough~ out is if this zone is something in C-4 or C-3 and the ordinance changes the classification of a specific business from one to another, they have destroyed some of the property values. We need to have ordinances to change according to the social patterns, but this is taking an older section which has been a C-4 area and they are trying to change it to C-3. The next Board or City Council can take out the exceptions included by this Board in C-3 and put them back in C-4. There is a lack of communication between the citizens of this community, those in business, and relationship with government. It is quite obvious there is a fear their rights are being taken away over a period of time. It is difficult to keep up with the changes going on. We cannot look at maps shown in the newspaper and determine which property is being rezoned. He tries to participate in what is going on, but it is im- possible. He thinks the whole procedure has been wrong. He doesn't think the Board intended to hurt the individuals, but that is going to happen. Mr. Robert Beane referred to the mention of spot zoning and stated that 2nd Avenue is shown all the way to be C-3. However, Mr. Annunziato says it is C-3 or C-2. The Holiday Inn piece is spot zoning. Mr. Annunziato clarified the Com- prehensive Plan calls for either C-2 or C-3. There was never any action taken by the City Council to effect a change in zoning from C-2 to anything along 2nd Avenue west of 1-95. It is called local retail and can be C-2 or C~3 depending on the location. -13- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Mr. Wendell Hall referred to the City Council voting unani- mously to keep the Sea Mist Marina in the C-4 zone and asked if there is going to be any change made, who would make that change and Chairman Thompson informed him the City Council has the authority to make a change after due public hearing and all other procedures are followed. Mr. Ryder questioned including auto parts stores and Mrs. Huckle replied that major repairs would have to be excluded and it could be left as written in C-4, but refined for C-3. Mr. DiSalle clarified that it should be strictly retail sales. Mr. Drew referred to basically tearing the C-4 zone apart and stated it might be simpler to leave it zoned C-4. Mr. Ryder informed him this would defeat the intent to upgrade the area. Mr. Drew pointed out that we are taking almost everything from C-4 and saying it is all right. Mr. Ryder stated this matter of the downtown area got a lot of consideration. It was not initiated by us. It is some- thing we were mandated to do. Every City in Florida had to prepare a Comprehensive Plan. In order to have the proper study, we had consultants working on it over a year. If we start kicking this around, we will not accomplish what we intended to do. He knows some people feel they will be hurt, but we cannot do something like this without affecting some people. To see all our work go down the drain is not the way to go. This was approved by the City Council. What we are doing now is making changes compatible to the Comprehen- sive Plan. Mr, Drew agreed that it is a beautiful study and he is aware a lot of time was spent preparing it. He thinks it is obvious from what we are running into now from the list submitted and the additions proposed that there is a definite problem in the C-4 area and he doesn't know if it can be resolved with discussion now. We may be held to improving the downtown area, but he doesn't think we are going to do it with adding uses. If C-4 will suffice in the downtown area, why take the list of 13 uses and change it? Mr. Ryder informed him the intent of going from C-4 to C-3 was to eliminate the undesirable uses and protect certain existing uses. It is not the same to leave it all C-4. That would mean not doing anything to get a more favorable development downtown. Unfortunately, it has been left alone by the City and private enterprise. Mr. Annun- ziato added that the impact on other C-4 lands in other sec- tions of the City must be considered with changing the uses. If we eliminate uses from C-4 to satisfy the needs of down- town, it will not help overall in the City. Chairman Thompson added that all the uses included in the new C-3 zone and in- cluded in the present C-3 zone will be uses which can be in the C-4 zone. All the commercial zones pyramid into the C-4 zone. -14- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Mrs. Huckle referred to small equipment and tool rental (homeowners' use) being appropriate for the C-3 zone and Mr. Annunziato replied that he has no objection to that, but we will have to cope with the issue of outdoor storage. If it is limited to no outdoor storage, it would not be offen- sive. Mr. Ryder commented that if it is not already in this area, it should be forgotten as we are trying to carry over existing uses. We talked about auto parts and print shops because they exist. Mrs. Huckle informed him that she is not addressing only the downtown area as it will apply to any C-3 or C-4 zone. Mr. DiSalle stated he thought we were talking about C-3 as it specifically applies to the downtown area and Chairman Thompson clarified that it is to provide uses in the C-3 Community Commercial District which is not specifically downtown. Mr. Annunziato added these changes will be City-wide wherever there is C-3 zoning. Mrs. Huckle requested comments from the Board members regarding the in- clusion of this usage. Mr. Ryder stated he is against it. Mrs. Bond commented that she cannot see herself renting any- thing and believes it pertains to large equipment. Mrs. Huckle referred to many household items being available for rental and stated it is a very nice service. Mrs. Bond stated she wasn't in favor of it. Mr. Winter stated he is in favor of it. Mr. Drew stated he is in favor of it as long as it is controlled. Mr. DiSalle stated he thinks it should stay in the C-4 zone. Chairman Thompson stated from what Mrs. Huckle has suggested, he sees no real problem as long as it is contained within the building with no out- side displays or outside storage. This will be added to the list. Mr. Drew questioned if any of the businesses which are objec- tionable had been considered to be included if in a com- pletely enclosed building. He explained how a gas station or automotive repairs could be architecturally pleasing within an enclosed building and without outside storage. Mr. Annunziato replied this was addressed. The intent was to try to upgrade our central City. The actions of the con- sultants and expressed by some of the businesses was keeping the uses which are heavier commercial may act to hinder redevelopment. Chairman Thompson referred to many of these uses being on small parcels and stated when the setbacks are met, it may be impossible to have a large enough building to enclose it. Also, there have been other areas of town designated to receive these types of businesses. If we are going to have a downtown area, it should not have automotive repairs in the middle of it. There are businesses that do not and cannot enhance the downtown area and these are the ones which should be moved to another area. -15- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Mrs. Huckle referred to businesses in a shopping center in the C-3 zone and stated the minimum lot area is 15,000 sq. feet and asked if that particular usage must have that area and Mr. Annunziato replied any one particular use located in a shopping center does not need 15,000 sq. feet. There is no minimum size in a shopping center and the whole shopping center area is considered. Mrs. Huckle stated an individual business by itself requires 15,000 sq. feet in C-3 but only 5,000 sq. feet in C-4 and the frontage is 75 feet in C-3 and 50 feet in C-4. She thinks it is important to know there will be these requirements for those uses being transferred from C-4 to C-3 on individual lots. Mr. Annunziato informed her that he has discussed the possibility for rewriting the zoning code to take into account this. Mr. Robert Beane referred to automotive places not being allowed in the downtown area and questioned if the area included Goodyear and Chairman Thompson replied he was not sure where the line was drawn and if Goodyear was located in the area. Mr. Beane stated that he definitely is in the area and questioned why he was being cut off and Chair- man Thompson informed him these boundaries were determined by the consulting firm. Mr. Annunziato informed him the line for the downtown area was drawn at 6th Avenue North. Mr. Beane stated this would include Goodyear and if they were aware of this, they wo~d be here. Mr. Annunziato stated if this is true, they will be legal and mn-conform- ing. Chairman Thompson asked if there were any other comments pertaining to the proposed list and Mr. Annunziato read it again. He asked if it was the intent of the Board to have a marina owner submit a master plan and go through the procedure or only do this if they plan to have additional dry storage and Chairman Thompson replied that he didn't think so. He quest±oned what the reason would be for doing it for dry storage and Mr. Annunziato replied because of the height of the building, location, and impact on sur- rounding areas. He suggested having two categories: marinas and marina ~facilities with dry storage as a condi- tional use. Mrs. Huckle moved that the Planning & Zoning Board approve the use changes as amended to Section 6-C as amended by Ordinance 79-7 of Appendix A to permit the following uses in the C-3 community commercial district: -16- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 Bicycle Sales and Repairs Boat Sales Agencies as conditional use Bus Terminals and Taxi Offices Governmental Facilities Marinas Marina Facilities with Dry Storage as conditional use Office Supply Stores Trade and Business Schools Yachtels and Boatels Furniture Stores (new) and Home Furnishings Printing Shops Sign Shops in fully enclosed building Auto Parts Stores, retail Small Equipment and Tool Rental (Home owner use with no outdoor storage or display) Mr. DiSalle seconded the motion. No discussion. Motion carried 7-0. Consideration of Amending the Existing Zoning Map of the City of Boynton Beach to Conform with the Comprehensive Plan Mr. Annunziato advised that he made an attempt to try to classify the comments of the public hearing and he has listed these on the sheet submitted. He also made an at- tempt to clarify some of the questions and/or objections raised at the hearing. Mrs. Huckle stated that she has been studying this since the last meeting and spent four days doing research. She prepared a map and went through the items of change. Even thouqh she reads The Post, she missed the ad and nobody in her family noticed it either. She went to The Post office and got a copy of the ad. Out of the 96 changes, there are many just relabelling community owned to recrea- tion or publicly owned. She found 26 areas that have defi- nite property zoning changes, district changes. It occurs to her by virtue of the fact the audience was so tiny and the people expressed the feeling they got here by accident, and different people she has talked to since never saw the notice, she doesn't feel action should be taken. She doesn't think the people who own these parcels know this is going on. Not that it has not been rightfully advertised, but when a small parcel is rezoned, notices are sent to people within 400 feet, etc. They may go along with this, but this is a massive change and she does not have the feeling for it and cannot make a recommendation on an audi- ence this small and the input so little. She feels it should be re-advertised to jump out of the newspaper or the people owning property should be sent a letter. She then sub- mitted the ad from the paper and pointed out that it is very hard to read. She knows this is complimentary -17- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 and not required, but it is almost impossible to even find the words Bo~nton Beach on the ad. It could be Lake Worth, Deerfield Beach, or any city from what she can read. She will disqualify herself from further action on this map. The people in this City are not represented from what we have here. Chairman Thompson referred to the City following all the re- quirements and stated with 96 changes, if we are going to notify anyone in particular, we should notify everyone. Mr. DiSalle added when the Comprehensive Plan was being dis- cussed, it was properly and fully advertised and the turnout was the same. It was well publicized that the Comprehensive Plan was under~scussion and there would be a public hearing. He just does not think there is enough interest on the part of the citizens. Chairman Thompson stated as far as changing the zoning, it might be a benefit to have a workshop meeting to further discuss this. Mr. Ryder agreed this should be considered. Mr. Ryder stated that he thinks what we have done is legal and he would not consider sending notices to all the people. What is warranted is a future workshop meeting so the mem- bers of the Board can go into each item, so we have a basis to vote. He recommends we have a workshop meeting on this. We have heard from the people. He moves to set up a work- shop meeting to continue further discussion on the map. Mrs. Bond seconded the motion. Under discussion, Mrs. Huckle asked if there would be further publicity and Mr. Ryder replied it would strictly be a workshop meeting. Chairman Thompson referred to not completing the work of the public hearing and Mr. Annunziato agreed the hearing should be continued. Mr. Annunziato added that he thinks it should be continued as a public hearing, so we would have the opportunity for new information from the public. Mr. Ryder agreed. Mr. Annunziato asked if there were any other suggestions for notification and added that mailing notices would be expensive. Mrs. Huckle stated that this City does not have a daily newspaper and we cannot assume everyone reads The Post. Mr. Annunziato replied this point is well taken. The policy has been set by the City Council to publish the legal notices in The Post. It was the City Clerk's effort to publish the notice on Saturday as she felt it would reach more people. These changes are the result of the Comprehensive Plan to bring into line the zoning on the map with the uses approved on the plan. It may cause more confusion to re-advertise. Mrs. Huckle commented this was no reason not to tell the people. New labels were put on -18- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 by the Comprehensive Plan. We are now going to put exact specifications of a zone on the map which was not done last August. There was conversation of what they felt was good for downtown, but when putting on labels, it applies to building, selling property, expanding property, etc. Mr. Ryder stated that applications must comply to the Compre- hensive Plan. Mr. DiSalle stated if we disagree with the changes, then we disagree with the Comprehensive Plan. Agreeing with them is just a matter of form and he questions why another workshop meeting is necessary. Mrs. Huckle asked why a public hearing was being held then if this is fact? Mr. Ryder added that the City Attorney stated the land use plan as approved is in effect even if we don't act on this and Mrs. Huckle asked why we are having public hearings to review the map then? Mr. Ryder referred to it being helpful to go into this fur- ther and suggested having a workshop meeting on this. Mr. Annunziato clarified that it would be a continuation of the hearing and Mr. Ryder agreed. Mr. Annunziato suggested possibly holding the meeting during the day, but several members were unable to attend. Mr. Ryder clarified that he didn't think it was necessary to hear from the people fur- ther, but the members of the Board should have a chance to study and discuss the map. Mr. DiSalle suggested that the public hearing be continued at the next Planning & Zoning Board meeting and Chairman Thompson agreed with the workshop to be held in between. He asked if another notice had to be advertised and Mr. Annunziato replied that statements to the press can be made and announcements on the radio stations. Mr. Annunziato stated that he understands Mrs. Huckle's concern. It has been a problem that the people were not relating to the future land use element of the Comprehen- sive Plan. He is not sure we can violate the plan and make changes now. Mrs. Huckle commented that the people should be able to change it if they are ~ainst it. Discussion followed of when to hold the workshop session and Mrs. Huckle advised that she would not attend as she has done her homework on the map with doing four days of research. Mr. Ryder moved that we continue this matter of the zoning changes at the next regular meeting on March 11 at 8:00 P.M. and in the interim have a workshop meeting on Wednesday, March 5 at 7:00 P. M. Mrs. Bond seconded the motion. Motion carried 6-1 with Mrs. Huckle dissenting. -19- MINUTES - PLANNING & ZONING BOARD FEBRUARY 26, 1980 ADJOURNMENT Mr. Ryder made a motion to adjourn, seconded by Mr. DiSalle. Motion carried 7-0 and the meeting was properly adjourned at 10:45 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Three Tapes) -20- DATE: TIME: PLACE: 1. 2. 3. 4. 5. AGENDA PLANNING f~D ZONING BOARD Regular Meeting February 26th, 1980 7:30 P.M. Council Chambers City Hall Acknowledgement of Members and Visitors. Reading and Approving of Minutes. Announcement. Communications. "Citizens Awareness" Presentation: "Housing & Community Development" by B. Seaman,J.Studstill & Bo Brooks Palm Beach County Office of Housing & Community Development Old Business: Applicant: Location: Legal Description: Project Description: ?. New Business: Village Royale on the Green, Owners League, Inc., (Richard Wensing, agent) N.E. 1st Court See Survey Recreational Building A. Subdivision Pre-Application: Be (TABLED) Applicant: Location: Legal Description: Project Cedarwood Villas Phase II (Clyde Worrell, agent) Congress Avenue, at S.W. 19th Avenue Parcel 'E' Plat of 10th Section,Palm Bch Leisureville Description: 48 single story villas and swimming pool Site Plan Approval: Applicant: Location: Legal Description: Project Description: Applicant: Location: Legal Description: Project D~scription: Hunter's Run Golf & Racquet Club/PUD (Mr. C. Gilbert,agt) 3500 Club House Lane Eastern portion of Tract B-2 164 units (apartments & townhouses)with Community Building, Lakes and Pool LJR Developments Warehouse & Office (John Diehl,AIA,agent) S.E. corner of S.W. 30 Ave & S,W. 14 Street See Survey Office & Cosmetalogy ~fg/Warehousing (resubmissiOn to correct building and parking space locations.