Minutes 04-10-79MINUTES OF THE REGULAR PLANNING & ZONING BOARD MEETING HELD AT
CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, APRIL 10, 1979
PRESENT
Arnold Thompson, Chairman
Fred DiSalle, Vice Chairman
Ezell Hester
Gene Johnson
Caesar Mauti
Frank Oberle
Simon Ryder
Carmen Annunziato, City Planner
Craig Grabeel, Asst. City Planner
Chairman Thompson welcomed everyone and called the meeting to order
at 7:30 P. M. He introduced the members of the Board and City
Planner.
MINUTES OF MARCH 27, 1979
Mr. Johnson made a motion to accept the minutes, seconded by Mr.
Hester. Motion carried 7-0.
ANNOUNCEMENTS
Mr. Annunziato announced that he has now received amendments to the
plan as adopted by the Local Planning Agency which will be forwarded
to the City Council at their next regular meeting. A Public Hearing
has been set for April 25 with the City Council. In addition, sev-
eral meetings have been held with the black community regarding N.E.
10th Avenue and a public meeting will be held on April 19 to discuss
the disposition of N. E. 10th Avenue. Members of the Local Planning
Agency may find'it interesting to attend.
COMMUNICATIONS
Mr. Ryder referred to our meeting two weeks ago and forwarding cer-
tain recommendations to the City Council and stated he would like
to give a brief report. A public hearing was held regarding the
abandonment of the street adjacent to Woolbright Road and the ball
field and the Board recommendation was to deny it and the Council
took similar action; however, nobody appeared on behalf of the
applicant. In regards to the two rezoning requests from Mr.
Plunkett to rezone two parcels from industrial to commercial, the
City Council felt going along with the requests would possibly lead
for requests of consideration by others for similar treatment and
both applications were denied 4-0.
Mr. Hester replied with due respect to Mr. Ryder, he thinks this
report is a waste of time. He attends the City Council meetings
and is not concerned how the City Council votes. He votes accord-
ing to his feelings and does not need the Council vote rehashed.
Chairman Thompson replied that he feels it is important for the
Board to know what the City Council does in this regard. He is not
able to attend all the Council meetings and appreciates this report.
MINUTES - PLANNING & ZONING BOARD
APRIL 10, 1979
Chairman Thompson advised a letter has been received from Bethesda
Hospital pertaining to giving notice to employees regarding traffic
through the Chapel Hill area and he read the memo sent to all hos-
pital department heads and head nurses and posted on the bulletin
boards requesting the personnel to refrain from driving through the
neighborhood.
OLD BUSINESS
Master Plan
Applicant:
Location:
Legal
Description:
Project
Description:
Bruce Rollyson
High Ridge Road (at Florida 'Pneumatic)
Acreage
North Boynton Industrial Park
Mr. Robert Reed, attorney representing Mr. Jim Rollyson and Mr.
Bruce Rollyson, co-applicants on this master plan~ came before the
Board. He referred to this matter being tabled at the two preced-
ing meetings of the Planning & Zoning Board and suggested the staff
comments and recommendations be read again on this matter to resolve
any recollections.
Mr. Annunziato referred to the plan and stated this is a 30 acre
proposed industrial subdivision located approximately 300 feet east
of High Ridge Road extended. He explained the phasing plan included
w~th the master plan. Currently no utilities are available at this
location; however, plans are being made to construct water lines to
serve this development and if not in when the development commences,
the responsibility would fall upon the applicant. A dry,wet system
and lift station is proposed to be installed. He explained the
drainage to be on-site retention into a one acre lake. He then
read the report from the Water Management District. He then read
the staff comments noted by the various departments.
Mr. Reed stated at the last meeting, it is his recollection the dis-
cussion of the plan boiled down to the vehicular access to the plat
involved here. Discussianensued concerning the applicant's ability
to use the existing paved northern portion of High Ridge Road to
Hypoluxo Road. The High Ridge Property Owners Association brought
to light a court order entered involving Florida Pneumatic and the
County. The County passed a resolution in 1973 limiting the weight
and speed of trucks traveling along High Ridge Road and later super-
seded that with a resolution totally prohibiting trucks. Florida
Pneumatic brought a law suit against the County which resulted in a
court order enjoining the County from enforcing Florida PneumaticTs
trucks use of the roadway. He has attempted to research this matter
by contacting the County AttorneyTs office and the parties involved
in the law suit. He has serious doubts as to whether the County has
any legal authority to impose any prohibition of the applicant's use
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MINUTES - PLANNING & ZONING BOARD
APRIL 10, 1979
of the northern section to Hypoluxo Road for many reasons. The
court found that the County could not prohibit Florida Pneumatic
trucks from using this road. He does not think this Board should
be concerned about this since the northern portion of the road lies
in the ~nincorporated County area.
Mr. Reed stated it was also discussed at the last meeting the advisa-
bility of extending High Ridge Road to N. W. 22nd Avenue. The appli-
cant's property does not front on High Ridge Road, but is approximately
600 to 700 feet off High Ridge Road. A suggestion was made by the
City staff that as a condition to the Board's approval of the plan,
the applicant be required to pave approximately ~ mile from the en-
tranceway of his p~rcel to N. W. 22nd Avenue at his cost. The reason
given was the City Fire and Police Departments estimated if this road
is not put in, it would double their reaction time in case of emem-
gency or to service the property. He referred to the City PlannerTs
estimation being the distance would be increased 2 to 2~ miles~and
the time being doubled would be based on travelling Seacrest Blvd.
and not 1-95. In any event, their objection to the condition was
that it was expressed in terms this applicant would have to pay
100% of the paving and installing ~ mile of highway at a cost of
approximately $100,000 whiIe his property does not front on High
Ridge Road. He feels it is unfair to totally charge this appli-
cant with that cost. His client does not have any objection to con-
tributing his fair share for the construction. They feel the exten-
sion of High Ridge Road to the south to connect to 22nd Avenue is
needed. Where they disagree concerns who is going to pay for it.
He has searched through the City of Boynton Beach Zoning Ordinance
and Building Code and would like to know where specifically there
is some City, County or State Statutory requirement of this. Mr.
Annunziato replied he would try to find this while they continue.
Mr. Reed stated his request is this plan be approved based on the
City and applicant arriving at some arrangement for a fair contri-
bution for his client to make for the paving of the southerly exten-
sion of High Ridge Road to 22nd Avenue.
Mr. Ryder stated at the last meeting, this matter was tabled with
the suggestion that it be further studied with regard to access and
there was also the matter of getting the right-of-way. Regardless
how the cost is distributed, the City would still need the right-
of-way. Mr. Reed replied that Mr. Malavasi read a letter from
Riteco at the last meeting indicating they would be willing to
dedicate the right-of-way based on three conditions.
Mr. Reed clarified that the problem is with the cost of this road.
Riteco which owns a substantial portion of the property which would
front on High Ridge Road is not ready to develop their property.
If this applicant has to spend another $100,000 to construct a two
lane roadway, it forces him from using his own property. Rollyson
is not a land developer, but is a land user. There are 30 acres of
property and he plans to use only six acres. The business is light
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MINUTES - PLANNING & ZONING BOARD
APRIL 10, 1979
industry. In regards to truck traffic, there are signs on High Ridge
Road indicating no trucks can travel the road having a weight of 6,000
lbs. per axle and all his trucks are under that limit. For his client
to take on this additional cost prohibits him from using his property.
The County is against him using the northern road and to use the road
to the south, he must construct it! He referred to representing
another applicant and there was an argument regarding not having
enough industrial property and now he has a client who wants to
develop industrial property and the City wonTt let him.
Mr. Oberle asked why the City should be compelled to do it and Mr.
Reed replied who else should? Mr. Ryder questioned how others could
be compelled to and Mr. Reed replied that the City cannot, but he
thinks to condition this site plan on the building of a $100,000
road just because it takes the police five minutes more to reach
this property is ~not right. The police have serviced Florida Pneu-
matic since 1973. This applicant only wants to develop six of the
30 acres. The City is saying this applicant cannot use his land
unless he comes up with an additional $100,000. ~His client had a
traffic analysis prepared and it says the southern portion need not
be installed until 45% of the industrial development is completed.
Mr. DiSalle clarified that he was suggesting the City subsidize this
construction until the other developers are ready and Mr. Reed agreed.
Mr. Oberle referred to the County owning the property to the west
and suggested the people owning property in the industrial park eon-
tribute with the County to put this road in. The only thing the City
will get out of this is taxes. Mr. Reed agreed that it will substan-
tially increase the tax base. The City owes some obligation to the
owners of properties it has zoned in any section of the City. His
client is willing to pay his fair share, but he does not think 100%
is a fair share. He thinks the City has an obligation to provide
reasonable access to the northern portion. Mr. Oberle replied that
he believes the adjoining property owners in the industrial park have
the obligation to contribute their fair share with Mr. Rollyson and
also feels the County has an obligation to contribute.
Mr. Reed advised that he has a copy of the minutes of the County
Commission meeting in 1973 when this was discussed. The proposal
was made for the County to extend High Ridge Road to 22nd Avenue,
but evidently this project got lost in the shuffle.
Mr. Oberle pointed out this would be beneficial to all the residents
living on High Ridge Road if extended into 22nd Avenue~ as well as
to the industrial park.
Mr. Annunziato stated in part, he concurs with Mr. Reed. This is
a great responsibility, but the City must consider health, safety,
and welfare. In site plan review, the staff is required to review
the plan to the letter of the law providing for safe development
considering building construction, location, etc. It has been dis-
dussed and presented that this cost of building the road would be
an up-front cost. It would be a bonded improvement and the Subdivi-
sion Regulation provides for 21 months. By this time, possibly 45%
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MINUTES - PLANNING & ZONING BOARD
APRIL 10, 1979
of the development rate would be exceeded and the second connection
would be required. Possibly it should be reviewed at the 45% rate.
Mr. Reed replied whether it is an up-front cost or not, he does not
think it is fair for his client to guarantee 100% of the cost. If
not developed 45%, his client must pay 100%. He realizes the Plan-
ning Department has an obligation to uphold the police powers of the
City to protect the health, safety and welfare, but when the staff
recommends that it will cost $!00,000, he thinks that ought to have
a specific section of the ordinance or State law giving the City
the right to impose this requirement. In his own opinion, he doesn't
believe the City or the County or the State have any legal right
whatsoever to impose a restriction like this on a man who wants to
use his property. The manTs property is zoned industrial, but he
must build a $100~000 two lane highway before he can use the pro-
perty. That is taking of property which is against the constitu-
tion. The only thing he can do is take the matter to court which
will be additional expenses and time delay.
Chairman Thompson'referred to a temporary solution and stated since
the City has been granted the right-of-way from the existing High
Ridge Road to 22nd Avenue, the problem he sees is in the develop-
-ment of this property. Possibly a temporary road could be constructed
on this right-of-way. Mr. Reed replied that it is his understanding
that one of the conditions in donating the right-of-way is the con-
struction of the two lane road to meet City standards.
Mr. Reed clarified that he doesn't think anybody has indicated objec-
tions to the plan, but they are stuck with the roadway. He agrees
it should be built and the County should have built it six years
ago.
Mr. Ryder stated at the last meeting, reference was made if there
was a question of City participation, it could only be addressed by
the City Council. We cannot commit the City to this expense. He
would think we could move on this with a recommendation and the
applicant has to address himself to the City Council because that
is where the matter belongs. Mr. Reed agreed~and clarified his
request i~ this Board approve the site plan conditioned upon the
applicant working out a fair and reasonable arrangement concerning
his contribution to High Ridge Road south to connect to 22nd Avenue.
Mr. Mauti asked if his client would be willing to put something in
escrow for this purpose and Mr. Reed replied affirmatively.
Mr. Annunziato stated the connection to N. W. 22nd Avenue is critical
from the service viewpoint. The Local Government Comprehensive Plan-
ning Act does give the statutory right to the City to approve plans
with conditions. The condition to provide access for police and fire
veh~les is a strong access. Whether the City would be liable without
proper access might have to be reviewed. He concurs with forwarding
the preliminary plat to the Council with consideration given to
funding.
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MINUTES - PLANNING & ZONING BOARD
APRIL !0~ 1979
Chaiman Thompson referred to members of the High Ridge Road Home-
owners Association being present and asked if they had any new or
additional comments to make.
Mr. Nell Va!entine, 1933 Tom-A-Toe Road, stated the residents are
basically concerned with the increased truck traffic and vehicle
traffic on High Ridge Road if the applicant does not construct the
road to the south. They would like the construction of this road
to be considered the No. 1 priority. They would also like to know
how the applicant plans to construct the building and how he plans
to have access with this court order in effect. The applicant cer-
tainly needs access for trucks and as it stands~ that access is not
available. They are objecting to increasing the traffic through the
residential area from north of the plant to Hypoluxo Road.
Mr. Mauti stated if the extension is opened to 22nd Avenue~ isn't
it possible the traffic would be increased to Hypotuxo Road and
Mr. Annunziato replied this was a definite possibility~and added
when Miner Road is constructed, additional traffic will use High
Ridge Road.
Mr. Mauti questioned whether the Board's review was of the road or
the master plan and Mr. Annunziato replied the connection to N. W.
22nd Avenue is an integral part of the master plan and cannot be
separated.
Mr. Ryder made a motion to approve the master plan of Bruce Rol!yson
for the North Boynton Industrial Park with the understanding access
will be provided from N. W. 22nd Avenue northward to this location
and to the extent the applicant wishes to effect distribution of the
costs for the paving, on the basis the City will obtain the right-of-
way, he addresses himself to the City Council, and including all
staff comments. Mr. Johnson seconded the motion. Motion carried
7-0.
Chairman Thompson informed the audience that this plan will come
be~6re the Council at a later date probably as a public hearing
and he suggested they contact the City Clerk to be advised of the
date.
NEW BUSINESS
Site Plan Approval
Applicant:
Location:
Legal
Description:
Project
Description:
Project Name:
First Financial Development Corporation
East side of N.E. 6th Court, between Ocean Ave.
and N.E. 2nd Avenue
The west half of Lots 39 g 42, Deweys Subdivision
Office Building
First Financial Plaza
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MINUTES - PLANNING & ZONING BOARD
APRIL 10, 1979
Mr. Annunziato referred to approving a plan at this location in the
past and advised this submission will supersede that plan submitted.
When the plan previously submitted to the City was reviewed~ the
question came up whether or not that plan would interfere with the
proposed right-of-way for the new bridge. This was taken into
account and D.O.T. has taken proceedings for the north 30' of this
property which is reflected on the survey and it is no longer an
issue.
Mr. Annunziato referred to the plan and explained it is a four story
office condo with 35 office units. Parking is consistent with the
code as are all elements of the plan. One thing which must be ad-
dressed is the height exception for the elevator shaft. The regula-
tion is 45' and the height of the shaft is Sl'. The Board can make
a finding and recommendation subject to Section 4F of the code. He
then read the comments noted by the various City departments.
Mr. Joe Littell came before the Board. Mr. Ryder referred to the
survey indicating the paved roadway being 20T in width and stated
this development will mean considerable movement on this street as
well as to the bank. Possibly the width of the street should be
increased or have entering and exiting lanes to facilitate movement.
Mr. Littell replied that he did not know this was a portion of the
site plan review requirement. They intend to widen the street and
repave it. They have discussed putting in curbs with a holding lane
for parking. These are preliminary plans.
Mr. Ryder commented that this is a great improvement over the ori-
ginal plans. Our Comprehensive Plan has asked for this particular
area to be established as a downtown area and he thinks this project
is a step in that direction.
Mr. Mauti made a motion to approve the plan subject to staff comments
including approval of the height increase to 51~ for the elevator
shaft~ seconded by Mr. Oberle. Motion carried 7-0.
Applicant:
Location:
Project
Description:
Project Name:
Ralph Biernbaum
So. of Hypoluxo Road and West of High Ridge Rd.
Golf Course
High Ridge Country Club
Mr. Annunziato referred to a recent newspaper article regarding this
project and advised that a $107000 membership is required and 200
memberships of the 250 available have been sold. The golf course
is not used as a means to sell units. There are no open spaces in
the golf course for houses. The remaining land is not an issue at
this time. If it is developed in the futume~ it will be R-iAAA
zoning. He then explained the plan and advised it has been reviewed
by the staff and no comments were made. The recommendation is to
approve.
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MINUTES - PLANNING $ ZONING BOARD
APRIL 107 1979
Mr. Jerry Aron, representing Mr. Ralph Biernbaum, and Mr. Starkey
from Adair and Brady came before the Board. Chairman Thompson asked
if they owned the land on the~ outside and Mr. Aron replied that Mr.
Biernbaum is under contract to purchase the entire parcel. Chair-
man Thompson referred to the plans for the outside parcel and Mr.
Aron replied it would be a single family residential development.
Mr. Annunziato added that prior to construction or.any buildings,
all plans will have to be platted with the golf course incorporated
within the plat. Mr. Mauti asked if the golf course would be incor-
porated in~i~the land use as far as units per acre and Mr. Annunziato
replied affirmatively and explained the homes must meet the R-IAAA
requirements.
Mr. Hester moved that the plan be approved, seconded by Mr. Johnson.
Under discussion, Mr. Ryder commented that it is a change to get
something leaving open space and he feels this is good use for the
land. Motion carried 7-0.
Applicant:
Location:
Project
Description:
Project Name:
LJR Developments
S.E. Corner of S.W. 30th Avenue and S.W. 14th St.
Office and Cosmetology Mfg./Warehousing
LJR Developments Warehouse & Offices
Mr. Annunziato explained the location and stated this application
was allowed to pmoceed without completion of the subdivision of the
tract by Mr. Plunkett as the result of a variance. He then read
Mr~ Clark's comments regarding this plan. He read the staff com-
ments noted from the various departments and advised the recommenda-
tion is to approve the plan subject to the comments.
Mr. John Diehl, Architect, came before the Board and referred to the
sidewalk requirement and stated it is not normally a requirement in
an industrial area to construct sidewalks. He does not see the
necessity for them to a trucking depot. The school did not put in
sidewalks. Is this a site or ~ubdivision problem? Mr. Annunziato
replied in conjunction with the construction of this site, sidewalks
will be~quired. Mr. Diehl asked if this was a requirement of the
subdivider or owner and Mr. Annunziato replied this would be a pri-
vate issue for the owner to discuss with the subdivider. This re-
quirement is consistent with the subdivision regulations.
Mr. Oberle made a motion to accept the plan with the staff comments,
seconded by Mr. Johnson. Motion carried 7-0.
Subdivision Regulation Pre-Application
Applicant:
Location:
Project
Description:
High Point of Delray Builders, Inc.
West side of Congress Avenue, south of Congress
Middle School and north of LWDD Canal
568 Units, two recreation areas and lake
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MINUTES - PLANNING & ZONING BOARD
APRIL 10, 1979
Mr. Kenny Tate, repmesenting the builder~ and Mr. Nabil Hansen~
Planner and Engineer, came before the Board. Mr. Annunziato
stated this is a pre-application in the subdivision regulation sub-
mitted to the Board for review. The land in question has come to
the Board previously in the form of MeadowJ Lakes which incorporated
multi-story buildings which was the subject of a great deal of dis-
cussion. This pre-appIication is a lot layout indicating the build-
ing locations, road network, drainage, etc. Also incorporated is
the future land use recommendation arrived at by the Local Planning
Agency on the Comprehensive Plan. He pointed out that the ten acre
parcel zoned commercial has been incorporated into the plan for
residential purposes and t~n acres have been retained in the south
portion which are unplanned at this time.
Mr. Annunziato read the staff comments. He also read Mr. Cessna's
memo of January 4 and stated this system should be duplicated for
this development and explained the system. He also read Mr. Fred-
erick~s memorandum dated April 3 regarding recreational recommenda-
tions. The recommendation is the plan be approved subject to staff
comments.
Mr. Ryder referred to approval of the previous plan including the
right-of-way for the widening of Congress Avenue and the actual
construction by the developer and Mr. Annunziato agreed this defi-
nitely should be included; but in conjunction with the master plan,
a traffic analysis must be subm/tted and this will be forwarded to
the County Engineer.
Mr. Ryder referred to the public park area and Mr. Annunziato re-
plied that he talked to Mr. Frederick and it is felt it would be
better for the applicant to offer a recommendation to us for what
he feels would best serve the residents of the development.
Mr. Ryder referred to this development being more satisfactory than
the previous plans and stated these are low profile single,Story-
buildings. He believes this would be a good project for this parti-
cular area.
Mr. Tate referred to building in Boynton Beach and Delray Beach
and stated they would like to build on these 90 acres now. They
have taken Mr. Annunziato~s comments in hand with these plans.
Coneern/ng recreation, on the plan they have shown approximately
two acres and it is their desire to increase the on-site recrea-
tion requirements to meet the demands of Mr. Frederick. The plan
is to develop two separate condominium sections with recreation
areas on the north and south sides of the lake.
Mr. Ryder questioned to what extent the streem would be dedicated
in the project and Mr. Tare replied that it is their intention to
keep as many streets private as possible. High Point ~f Boynton
Beach and Delray Beach have private streets. They would like to
keep Congress Boulevard private, but Mr. Annunziato may have some
comments regarding that.
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MINUTES - PLANNING & ZONING BOARD
APRIL !0, 1979
Mr. Annunziato replied that it is felt a connection to Knuth Road is
important as eventually Knuth Road will extend north to Boynton
Road.
Mr. Annunziato referred to the public recreation dedication and
Mr. Tare replied they would like to increase the on-site recrea-
tion to meet the residents' demands. Mr. Annunziato informed him
that only ~ credit could be taken for the private recreation and
Mr. Tare replied that he would discuss it further with Mr. Annun-
ziato.
Mr. Ryder asked if there was any objection to dedicating Congress
Blvd. and Mr. Tare explained there would be a public throughway from
Congress Avenue to Knuth Road.
Mr. DiSalle made a motion this pre-application be approved subject
to staff comments, seconded by Mr. Hester. Motion carried 7-0.
Discussion
Screening of Open Storage
Mr. Bert Keehr, Deputy Building Official~ came before the Board and
stated he would like to make some recommendations and ask for some
guidance. He suggested addressing the screening of open storage
yards and read Section 8, Page 53. He stated the Building Depart-
ment has a problem enforcing the screening situation due to the
fact of people wanting to get into the wrecker business. They need
an area to store wrecked~rs or whatever. Under our present ordi-
nance, it does call for open storage yards to be adequately screened
from view. However, when talking about open storage are we talking
about new and used boats, new and used cars~ trucks parked overnight
at a business or materials? He is recommending that at least there
be a change for the M-1 area that open storage not be required to be
screened for several reasons. If open storage must be screened, it
presents a security problem and some of the owners and an officer
from the Police Department are present to confirm this situation.
Mr. Keehr continued that exterior storage is also prohibited in the
C-4 zone and he read Section 6, Page 29. Again, this has caused
confusion ~s to what is meant regarding open storage. Some clarifi-
cation is needed.
Mr. Keehr advised that under the old ordinance, it did state what
was meant by storage and in most cases, it meant materials and not
cars, trucks, recreation vehicles, etc. Under the old Ordinance
No. 62-9, storage did not have to be screened in the M-1 zone.
Under C-2 in the old ordinance, it did say outdoor storage must
be screened such as required today in C-4.
Mr. Keehr stated he would like to propose that the Board deals with
excluding the screening of open storage yards in the M-1 zone and
requested the Board to hear from the citizens owning property and
having problems.
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MINUTES - PLANNING & ZONING BOARD
APRIL !0, 1979
Mr. John P. Kneibel, 517 Industrial Avenue, General Contractor, came
before the Board. He stated about three months ago, he acquired M-1
property which is fenced in. He applied for an open storage yard,
but was turned down because according to the code it must be screened
in. This area is 400 x 400~ which is quite an area to be screened.
He did not ask for a junk yard. This yard was to be used for the
parking of trucks and he told about a man parking seven trucks there
because he couldn't park them in a residential section. As he
understands now, the area must be screened or the trucks removed.
The yard is neat. It is hidden from view from 1-95. Both streets
going into this industrial section are dead end streets. The police
protection has been excellent; but if it is screened in, there will
be problems.
Mr. Ryder asked if he borders any residential ares and Mr. Kneibel
replied negatively as there are none in that vicinity. Mr. Maut~
stated at the north end of Industrial Avenue, there is open storage
of old cars with no screening but just a chain link fence. Mr.
Keehr informed him that under the old ordinance, storage areas did
not have to be screened. Anything prior to 1975 did not have to be
screened. They have a difficulty proving whether the storage was
used prior to that date. Open storage yards in use prior to 1975
are grandfathered. He went down both streets and noted every situ-
ation and wrote letters to every property owner~requesting they show
proof for the use of storage prior to the changing of the ordinance
or screen it or move the cars out. Several people came to his office
in response to this and consequently he felt this should be addressed.
Mr. Mauti asked if he was saying the ordinance is being abused and
Mr. Keehr clarified that they need some guidance what is meant by
open storage. He can realize the intent of screening and can
appreciate the need in certain areas, but does not feel it is needed
in the M-1 area. This industrial area does not abut any residential.
Mr. Mauti referred to being able to see residences when driving
north along Industrial Avenue and told about open storage being
in view of these homes. Mr. Keehr a~reed and advised that he did
send a letter to the owner in reference to this. However, if the
wrecked cars are screened, it could invite thievery according to
the Police Chief.
Mr. Mauti explained that open storage in most codes applied to
building materials and equipment. He thinks it is being abused
with considering a junk yard as open storage. Mr. Keehr replied
that junk yards are not allowed in the City. The definition Mr.
Mauti referred to was included as open storage in the old ordinance.
However, it is not clear in the new ordinance. Mr. Annunziato read
the definition of open storage and stated by this definition, any-
thing stored whether building materials or wrecked cars would re-
quire screening and that is the problem. There is a question of
what things should be screened and in what zones.
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MINUTES - PLANNING $ ZONING BOARD
APRIL 10, 1979
Capt. Ed Hilliary, Division Commander of the Patrol, stated he was
present at the request of the Chief to address whether or not screen-
ing of an area such as Industrial Avenue would make it a higher crime
area. It is obvious if they can patrol an area with a spot light
shining through a chain link fence, they can see more. Any time they
have a f~enced area they cannot see through, they do not know what is
going on on the other side and it makes their patrol less efficient
for the people they are trying to protect. When they cannot see an
area, they cannot protect it. Mr. Ryder questioned if they wanted
to see what is going on in an area where there are wrecked cars and
Capt. Hilliary replied that this is property and it belongs to some-
body and has value.
Mr. DiSalle suggested that the purpose of fencing be defined. Mr.
Keehr replied that the purpose of fencing in this case is to screen
from eye view. Fencing also protects the property.
Mr. Ryder suggested getting input and reviewing the minutes and
possibly arranging for a future meeting or workshop to discuss
this further.
Mr. Jerry Greenfield came before the Board and stated he owns two
parcels on Industrial Avenue. He told about upgrading the property
and buildings with landscaping. These properties are assets to the
community. He told about some of the property owners installing
security lighting and upgrading their properties. He invites each
member of the Board to visit his properties. Part of the problem
in this area is the Port-O-Lets Co. which have portable toilets
setting outside and sludge trucks parked out front discharging.
This place should be screened. However, the bamboo fencing used
to screen is worse. If the City requires screening and causes him
to lose financial effort in his property in eliminating protection,
then they must stand responsible for any financial loss because they
required the fence. This is an industrial area, but the fences re-
quired are making it worse.
Mr. Johnson replied that he is very familiar with this area and
agrees some places look good and some look terrible. There is
also a problem with houses on N. W. 7th Street backing up to
this area and they have to look at junked cars. He thinks there
should be a buffer zone along the residential area.
Mr. Greenfield added if the City requires the Gulf Oil Co. to
close in their place, it could create a fire hazard. There should
be some way the City could provide for cleaning up these areas.
Something should be done about the odor of the port-o-lets. Most
of the area has been improved at the owners' expense. It is not
fair to ask a policeman to ride through that area at three o'clock
in the morning and try to ascertain what is happening in that area
if it is screened. Mr. Keehr replied that he will look into the
situation at the Port-O-Let Co. and did write a letter to the owner
regarding screening.
-12-
MINUTES - PLANNING & ZONING BOARD
APRIL !0, 1979
Mr. Mauti suggested having the City Planner with the Building Dept.
come up with a new ordinance which would control some of these
areas~ but would not require screening. The people who keep their
property nice should not be compelled to screen it. Possibly junk
yards should be abolished and Mr. Annunziato replied that they are
not permitted now. Mr. Mauti referred to a yard being full with
cars with no movement and Mr. Johnson replied that the definition
of a short length of time is not clear and it is an unsightly mess
in this area.
Mr. Annunziato suggested possibly an immediate answer would be to
provide a landscaped buffer at the extreme western edge of the right-
of-way to give the residents in Laurel Hill immediate relief. There
are several types of inexpensive hedges which would grow quickly
offering immediate relief.
Chairman Thompson referred to a substantial amount of industrial
being developed and asked if a buffer is required when abutting
residential and Mr. Annunziato replied affirmatively, that a 6'
wall is required. He added there have not been many requests for
outside storage~ but most of the plans are for warehouses without
open storage.
Mr. Annunziato suggested that possibly a closer look should be
taken of this. It is a difficult problem and may require addi-
tional input and some thought on everyone's part. Possibly along
West Industrial Avenue a heavy foliage barrier could be planted
along the west. Chairman Thompson added that the port-o-let situa-
tion and wrecking trucks are a problem and must be considered.
Mr. Oberle suggested that all the members investigate this fur-
ther and discuss at a workshop meeting at a later date. Mr.
Annunziato referred to the agenda for the next meeting being
light and suggested further discussion could be scheduled for
the next regular meeting with the possibility of making a con-
crete recommendation.
Mr. Oberle made a motion for each member to investigate this
and table this until the next regular meeting, seconded by Mr.
DiSalle. Motion carried 7-0.
ADJOURNMENT
Mr. DiSalte made a motion to adjourn, seconded by Mr. Johnson.
Motion carried 7-0 and the meeting was properly adjourned at 7:30 P.M.
Suzanne M. Kruse
Recording Secretary
(Two Tapes)
-13-
, AGENDA'
Regul ar Meeting
DaM: '..April 10th, 1979 .
Place: · Council Chambers - City
'~ 1. Acknowledgement of M~k~rs and Visitors.
Reading and ApprovAl_of Minutes.
3. Announcements.
Old Business:
A. -'Master-
1:
Applicant: Bruce Rollys0n
Location: -High Ridge Rd. (at Florida Pneumatic)
Legal Description:
Acreage
Project. Description:
North Boynton.Industrial Park
6. New'Business:.
A. Site Plan Approval:
Applicant: ~FirSt Financial Development Corporation
Location: East..side of N.E. 6th~Court; between Ocean Ave
and N.E. 2nd Avenue
Legal Description:- The west half of Lots 39 & 42, Deweys Subdivision
Project Description:
Office-Building
Project Name: FIRST FINANCIAL PLAZA
4
Applicant: Ralph Biernbaum
Location: So. of Hypolux0 Road and West of High Ridge Rd.
Legal Description:
See Survey
Project Description:
Golf Course
Project Name: HIGH RIDGE COUNTRY CLUB
3. 'Applicant: LJR Developments
Location: S.E. corner of S.W. 30th Avenue and S.W. t4th Street
Legal Description:
See Survey
Project Description:
Office and Cosmetology mfg/warehousing
Project Name: LJR DEVELOPMENTS WAREHOUSE & OFFICES
B. Subdivision Regulation Pre-Application:
1.-' Applicant: High Point of Delray Builders, Inc.
Location: West side of Congress A~enue, south of Congress Middle
~chool and north of LWDD Canal 926
Legal Description:
See Survey
P~oject Description:
568 units, two recreation areas and lake
C. DiscusSion:
Screening-of. open storage