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Minutes 03-27-79MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH~ FLORIDA, TUESDAY, MARCH 27, 1979 PRESENT Arnold E Thompson~ Chairman Fred F~ DiSalle, Vice Chairman Ezell Hester Gene Johnson Caesar Mauti Frank A. 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, City Planner and Recording Secretary. MINUTES OF MARCH 13~ 1979 Mr. Hester moved that the minutes be approved as written, seconded by Mr. Johnson. Motion carried 7-0. OLD BUSINESS Master Plan Applicant: Location: Legal Description: Project Description: Bruce Rollyson High Ridge Road (at Florida Pneumatic) Acreage North Boynton Industrial Park Mr. Malavasi, representing Mr. Rollyson, came before the Board and referred to two weeks ago when this Board requested him for the second time to contact the o~er of the land south of the proposed industrial park for the purpose of making an inquiry of obtaining a right-of-way for the extension of High Ridge Road. Immediately he contacted Mr. Howard Riley, President of Sand Hill Corporation, owning the land and he requested him to submit a w~ten request and he would respond. Later Mr. Riley called him and verbally accepted the conditions submitted in his letter and he will confirm this in w~ting and he also understands Mr. Riley made the City Planner aware of his consent. Mr. Malavasi then read his letter sent to Mr. Riley listing the three conditions: your company will be willing to provide an 80 ft. right-of-way for the construction of High Ridge Road, this road must be bonded by the developer to the City before or concurring with the dedica~ tion of the right-of-way, and the road will be designed to meet the standards of Boynton Beach. Mr. Ryder questioned when the road would be improved and Mr. Malavasi replied that his instructions were to ask whether Mr. Riley would be willing to dedicate the right-of-way. He then requested the Board to hear Mr. Rollyson. MINUTES - PLANNING & ZONING BOARD MARCH 27, 1979 Mr. Bruce Rollyson referred to not being a land developer, but stated he is a land user. He bought a plant in Lantana in 1975 and at this present time, they have 76 employees and need to ex- pand the business. In 1975, he encouraged his brother to purchase this land in anticipation of their business growing. He did not realize there would be as much involved getting permits. He pur- chased six acres from his brother earlier this year to extend their plant operation, then ran into the difficulties of needing plot development for an industrial park, traffic surveys, etc., which he paid for to get the approval of his six acres for his plant. Then the question of paving High Ridge Road to 22nd Avenue came up and he is not against this, but does not feel they should bear the total cost, but it should be on a proportionate basis. They are willing to pay their fair share. They do not feel they should pay for the whole thing ~ith other people benefiting. Mr. Ryder clarified that the other owner agrees to deed the right- of-way, but the question is who pays for this missing link. Mr. Rollyson stated that it is more than a missing link as it is ap- proximately 1,500 feet. Mr. Annunziato clarified that it would be from the south property line of this development extended to N. W. 22nd Avenue. Mr. Rollyson added that he talked to Mr. Taylor and he would be willing to pave half the street in front of his building, but would not go any further. Also, Mr. Fernley said they would not be interested unless the property was zoned industrial on their side. His business is a clean operation with no pollution and he invites the Board members to visit his plant in Lantana. Chairman Thompsonquestioned how many employees were anticipated with this new plant and how much traffic will be generated and Mr. Rollyson replied that w~hin the next year, they would have approximately 75 employees. They would probably have an average of one large truck going out about once every other day for the first six months and after-that, one a day. There would be small trucks and employees' vehicles otherwise. Mr. Ryder referred to Mr. Annunziato being requested at the last meeting to cooperate in arriving at a resolution and requested his report. Mr. Annunziato stated the extent of his cooperation was to act with Mr. Malavasi in contacting and coordinating with Mr. Riley. He did not get involved on a working basis as he felt it would be more expeditious for the private sector to tackle the problem. He thinks the recommendation the staff was looking towards has been accomplished. Mr. Ryder stated the matter of physical access has not been re- solved entirely and Mr. Annunziato replied the recommendation would be that the applicant for this development improve the road. Mr. Rollyson stated they do not have any land actually except for the street coming in as their property is in-land. This is another reason he feels it is unfair to ask them to pay for the development of this whole right-of-way. -2- MINUTES - PLANNING $ ZONING BOARD MARCH 2?, 1979 Mr. Annunziato stated this development is located approximately just east of Florida Pneumatic and south of Miner Road extended. It lies off High Ridge Road approximately 300 feet. It is a 30 acre industrial tract of land. Access is fmom the north from Hypoluxo down High Ridge Road. Comments on the plan from the Police and Fire Departments indicate this location is out of reach with respect to critical time needed to respond to emergen- cies and he explained. Mr. Rollyson referred to it being about two miles further to go around by High Ridge Road and asked if this required that much time and Mr. Annunziato replied it was approximately 2~ miles ~urther and explained the additional time needed. Mr. Hester questioned the zoning of the other property in this area and Mr. Annunziato informed him that the property directly west is zoned M-!~with half developed as Florida Pneumatic, the property to the east is zoned M-i, and the property to the north and west is unincorporated county. Chairman Thompson announced that at this time, he would like to recognize the Greater High Ridge Road Homeowners Association. Mrs. Melba Bruce, 1820 Tom-A-Toe Road, referred to this indus- trial tract being residential until 1970 and stated that Florida Pneumatic went in there with a permit from the City. The home- owners in that area were upset because when Florida Pneumatic built, they took out hundreds of truckloads of fill. Terrible traffic congested High Ridge Road and the property owners ap- pealed to the County. Finally, the County stopped the trucks on High Ridge Road which resulted in a law suit. In April, 1973~ a court order was issued not allowing trucks on High Ridge Road except for Florida Pneumatic. A copy of that court order was submitted to the City Manager and Mayor and is on file. Palm Beach County did include in the order if the industrial develop- ment went ahead, they would give a hiatus at the foot of the road and stop all use of the industrial park on High Ridge Road. There is no other access to this area except High Ridge Road and this road is all residential development. They do not want the industrial places to roll right over them. When she addressed the Council about six years ago, she pointed out there was no access from the City and police and fire protection could not be given. Is this going to be a P.I.D. and Mr. Ryder replied this was not proposed at this time. Mrs. Bruce replied that it should be to get planned development. Mr. Ryder informed her there was an area provided in the City for a P.I.D. and M-1 areas are also needed. Mrs. Bruce continued that Florida Pneumatic sold seven acres to Lehigh Portland Cement Co. for more than they paid for all the land and this is when Mr. Field would not give the right-of-way for the road to the south. She sympathizes with Mr. Rollyson, but they do not want trucks down High Ridge Road and a court order has been issued barring this. -3- MINUTES - PLANNING & ZONING BOARD MARCH 27, 1979 Chairman Thompson clarified that the injunction is still in effect today and Mrs. Bruce replied affirmatively and stated it is a signed court order. It is fine for this development to take place, but there should be access from the south. Mr. Robert Reed, Attorney representing Mr. Rollyson, stated that he has a copy of the court order Mrs. Bruce referred to and it appears from the courtorder that Palm Beach County adopted a resolution which prohibited all truck traffic on High Ridge Road south of Hypoluxo Road. A law suit ensued with Florida Pneumatic trucks allowed to use High Ridge Road. This order indicates inso- far as the effect of that County resolution forbidding any truck traffic was held void by Judge Hewitt and he permitted Florida Pneumatic trucks to use High Ridge Road. He then read from the court order. He clar£fied that the judge in effect exempted Florida Pneumatic trucks from the prohibition of the resolution. It is his understanding at the time Judge Hewitt entered the order, Florida Pneumatic was the only truck user of High Ridge Road south of Hypoluxo Road. It seems any other business locat- ing on High Ridge Road south of Hypoluxo Road would have to be treated similar to Florida Pneumatic in the use of truck traffic. Mr. Reed continued that Mr. Rollyson~s business is the manufacture and distribution of aluminum windows and awnings which is a light clean industry. There are 30 acres subject to this master plan and Mr. Rollyson only owns six acres. To require this gentleman to pave over one-half mile of road south from High Ridge Road to N. W. 22nd Avenue at a cost of over $100,000 seems unreasonable to place upon him to be able to use his own property because of the sole reason being the reaction time of the City police force and fire department. He questions the overall trip being increased by 2~ miles and the response time doubled with the possibility of 1-95 being used. Mr. Oberle referred to 1,500 feet being the distance of the road and Mr. Annunziato clarified that there is 1,500 feet from the south property line extended to N. W. 22nd Avenue. It is approx- imately 2,100 feet from the entrance of the property to N. W. 22nd Avenue. Mr. Malavasi added that once you get to Florida Pneumatic, there is no road south. He told about the contractor vis~ting the site and clearing and grading being needed. Mr. Ryder clarified that without this link, it would require travelling throughtthe City, into the County and back into the City which does not seem logical with connection to the City being a short distance away. Mr. Reed replied they do not object to the link, but object to burdening this gentleman with the total cost. Mr. Annunziato stated th~ right-of-way is being dedicated. He added that this ia a S0 acre subdivision and the City must decide whether we want urban development without urban services. The City Council can assess property owners for the building of a road. The property owner to the south is partici- pating with dedicating the zdght-o£-way. We have gone on record many times supporting light industry, but the question is whether we would be acting responsibly with permitting light industry in this area without the proper services. -4- MINUTES - PLANNING $ ZONING BOARD MARCH 27, 1979 Chairman Thompson stated it also must be clarified whether the injunction will be in effect on this property. If this company cannot use High Ridge Road, then they will not have access. This could be forwarded to the City Council, but this should be answered prior to their consideration. Ms. Muriel Gordon~ 7180 High Ridge Road, stated as a taxpayer, she feels the street should be kept the way it is. High Ridge Road north of Hypoluxo Road has been paved and repaved, but their road has not been paved at all. Due to the fact this property is in Boynton Beach, she feels they should not be sub- ject to all the traffic on it. She then told about the road presently having heavy traffic and being in bad condition. They do not object to Rollyson using the road, but they are not for further development. Since the property is in Boynton Beach, they feel Boynton Beach should do something about it. Mr. Reed referred to only receiving a copy of the court order this evening and stated he does not know the exact effect of this court order and whether his client's truck traffic would be limited and if it turns out he cannot use that road, the only alternative is the link to 22nd Avenue. However, it seems un,air to saddle him with the entire cost of paving approximately one half mile when he would not be the only one to benefit. Cer- tainly Ritecowith property adjacent to the right-of-way dedicated would substantially benefit. They would welcome the opportunity to dedicate the roadway to get it paved. He respectfully requests the Board to table this matter to give them the opportunity to examine this court order entered in 1973 and to determine if there is an alternative to this link of High Ridge Road to N. W. 22nd Avenue. Mr. Annunziato concurred with Mr. Reed's suggestion and added that perhaps the applicant would want to submit to the Board some alternative proposals. Mr. Mauti questioned how much property Riteco owns as far as linking between High Ridge and N. W. 22nd Avenue and Mr. Annunziato replied that from the south property line of this development all the way to N. W. 22nd Avenue is owned by Riteco. Chairman Thompson referred to the property west of High Ridge Road being in the County and stated we must look to the County for cooperation in development and Mr. Annunziato agreed. Mr. Mauti stated if the matter of the injunction is cleared, there may be no need for this road except for emergencies and Mr. Ryder agreed and stated there is a need to get there from Boynton Beach without going through the County. Mr. Mauti stated he could not understand why a man could not build on his property. Mr. Ryder stated there must be access and Mr. Mauti replied that the owner does have access. Mr. Annunziato added that to permit construction, the City must consider access for public safety and whether there would be any liability on the City's part with per- mitting construction where they cannot provide the services. Mr~ Hester agreed this was true and stated the City should open the street since they allowed building. He does not agree that Mr. -5- MINUTES - PLANNING ~£ ZONING BOARD MARCH 27, 1979 Rollyson should foot the whole bill. The City should build the road to get the services there. Mr. Annunziato stated weare talking about a 30 acre industrial subdivision with land for sale. As far as the City participating, th~s could only be addressed by the City Council. Also, Mr. Rollyson is not footing the bill alone~ but the right-of-way is being dedicated. Mr. Hester stated when the Cityannexed the property, they should have rea- lized it was landlocked. Mr. Ryder moved to table this matter and added at the next meet-i lng, he thinks we should get a firm commitment with regard to the right-of-way being deeded to the City. Mr. Johnson seconded the motion. Mr. Annunziato suggested possibly incorporating the re- search of alternative procedures for access. Mr. Ryder and Mr. Johnson accepted this suggestion as part of the motion. 'Motion carried 7-0. NEW BUSINESS PUBLIC HEARINGS Abandonment Request Applicant: Location: Legal Description: Request: C. Herbert Cornell (A. R. Gregory, Trustee) S. W. 3rd St., 283' south of Woolbright Rd. Part of Tract 9 of the Subdivision of the West three-quarters of Sec. 33, Township 45S, Range 43 East Street Abandonment Mr. Walter Young, representing Mr. C. Herbert Cornell and Mr. A. R Gregory, referred to the location of the land and uses adjoining and advised that since September, 1978, they have been working with the staff people to develop a concept for this 1.42 acres trying to adhere to ordinances relating to setbacks, access, etc. They have taken the liberty to extend some of the concept into S. W. 3rd Street which is not involved in order to provide the greatest amount of open sBace. They will give the easements for the utili- ties and allow access to the park lands. In meeting with D.O.T., they have been assured after studying the right-of-way maps there should be no way to make a request to move the penetration from 3rd Street into Woolbright Road. The only utilization of this property would be for their property to the west or the City owned land to the east. They request the Board to endorse this proposal. Because of the size and alignment of the tract with 1-95, if they secure the abandonment and return all the easements for access, it would be a tax benefit to the community. They feel it has good use for them and they would be responsible for improvements and access would be afforded to the City. They request favorable consideration. -6- MINUTES - PLANNING & ZONING BOARD MARCH 27, 1979 Mr. Ryder stated apparently they need this land to get the density requirements and Mr. Young replied that they plan 15 units on this tract. Mr. Ryder stated this is adjacent to a park area and the City is short in parks. There is always the opportunity at the present time to leave this in City ownership and other facilities could be built and more parking provided. In the last few months, the City has approved almost 10,000 residential units and he does not see the need to squeeze 15 units in here at the expense of giving up a public street. Mr. Young asked if he meant to use this as an additional park site and Mr. Ryder replied affirmatively as he feels it would be contrary to give up any area which could be used for a park. Mr. Young clarified that they were not arguing that access is needed and they are willing to give access and utiliza- tion of that property. Mr. Ryder clarified that the City will not have ownership and Mr. Young agreed but stated they will have an easement and they do not hesitate to recognize the im- portance of the park area to the east. Mr. Ryder stated he did not think this is in the Cityts interest. Mr. Oberle asked if it runs through to 23rd Avenue and Mr. Young replied negatively and stated it is blocked off. He clarified that they are asking for 288 feet. Mr. Oberle clari- fied that the rest of the street has not been abandoned by the City and Mr. Young agreed this was correct. Mr. Ryder clarified that this only goes to North Boulevard in High Point. Mr. 0berle clarified that if this is abandoned, this gentleman will acquire at least one half of the road and questioned what the City would get? Mr. Young explained the survey for clari- fication and pointed out the extent of their request is for 283 feet of frontage on S. W. 3rd Street. Mr. Oberle replied that this ~s a total of approximately 1/4 mile and Mr. Ryder added that it is about 1/3 acre. Mr. Young stated that it will not serve any utilization in extension and it should be returned to the tax rolls. Mr. Oberle asked if the City was going to have to forfeit this and Mr. Young replied since the City is the abutting owner to the east, they must participate in the abandonment as well. Mr. Annmnziato explained that when an abandonment occurs, the pro- perty is split down the middle with the owner on each side retain- ing ownership to the center line. The west 25 feet Of this pro- perty would be titled into this applicantts tract and the east half would go to the City. Mr. DiSalle questioned how this abandonment would benefit the community and Mr. Young replied that it would make a development pattern and return the property to the tax rolls. Also, they would insure there would be paved aceess for the west side for emergency purposes. -7- MINUTES - PLANNING $ ZONING BOARD MARCH 27, 1979 Mr. Ryder stated this would be aetting a precedent whereby a developer could acquire a public street area to round.out the acreage he needs for development. It should be compared that we have a park area which would be cut down in scope and we could not enlarge that area and we would lose parking for the ball field. Chairman Thompson requested the staff comments from Mr. Annun- zia~o. Mr. Annunziato informed the Board that information was distributed to the City staff and public utility companies. The General Services Department finds no problem. The Police Depart- ment has no objections providing ingress and egress is retained for emergency vehicles. The Acting Utilities Director acknow- ledges City utilities are located in the 3rd Street right-of-way, but has no objection to the abandonment if easements are estab- lished for the City utilities and no construction could take place over them. The Fire Marshall has no objection. A memo from the Recreation Director stated this particular street pro= vides access to the northwest corner of the Little League Park and the general area is used for overflow parking and the area adjacent to subject street has potential for future facility development; he does not ~ecommend that it be abandoned. The Planning Department has no interest in the subject street. A memo from the City Engineer stated the Utility Department and Recreation Department have an interest in the subject right-of- way. The access to two City water wells is by the subject road. The right-of-way is occupied by City water lines and also serves the City 15th Avenue ball park. He does not recommend abandon- ment of the ~ubject right-of-way unless an easement for utilities and the roadway is provided to the City for the entire 50 ft. right-of-way. Mr. Annunziato referred to the comments from the uility compan- ies and stated Teleprompter surveys show no facilities in this area. Florida Public Utilities Company have no underground gas distribution facilities located within the limits of this right- of-way. Southemn Bell indicates they do not have any active facilities in this area and do not have plans to place any in the future. Florida Power & Light Co. states they are occupying this section of S. W. 3rd Street with a major electrical feeder circuit and this facility is used to serve a large section of customers in the southeast section of Boynton Beach; they object to this abandonment unless a utility easement is granted permit- ting continued use. Chairman Thompson asked if the abandonment is granted, will any utilities have to be relocated and Mr. Annunziato replied that he did not think so. Mr. DiSalle stated there would be no en- c~aehment on the utilities and Mr. Young agreed this was correct, the easement would remain unblemished with no construction over it. Mr. Annunz~ato stated according to the site plan, the easement would be paved over and that would be contrary to the Utility I)irector~s comments. -8- MINUTES - PLANNING $ ZONING BOARD MARCH 27, 1979 Mr. Mauti asked if this is a City street and Mr. Annunziato re- plied affirmatively. Mr. Mauti clarified that abandonment means we are giving a street away and Mr. Annunziato replied in effect, it would result in half a street. Mr. Mauri clarified that we would be gaining taxes for only half a street. Mr. Oberle clari- fied that the applicants would be the sole beneficiary of the property in the abandonment. Mr. Ryder referred to the facilities and services contained in this street and stated he did not think we could abandon this in additiona_to needing park space. Chairman Thompson asked if anyone in the audience cared to speak in behalf of this. Mr. Gus Gregory explained that 3rd Street was cut off at High Point and the D.O.T. will not allow penetration into Woolbright Road according to Federal Statute. The ball field will not expand to the west. The road is not going to be altered, but will remain as is. Ail they want to do i~ claim it in the den- sity to build more attractive units comparably to High Point. Mr. Oberle referred to the applicant having plans to use half the road for parking and Mr. DiSalle added that they will be paying taxes on that portion of the road. Chairman Thompson ascertained nobody cared to speak against this abandonment. He then called for questions or comments from the Board members. Mr. Mauti commented from what he can see, this abandonment would help the density of the project, but it could also increase City recreation facilities. Mr. Ryder made a motion that this request for abandonment be denied, seconded by Mr. Johnson. Motion carried 7-0. Rezoning Requests Appli cant: Location: Use: Request: Paul M. Plunkett (Reed ~ Malavasi, Agents) South Congress Avenue (bounded on the East by Congress Avenue, North by L.W. DDD. Canal L-28, and South by S. W. 30th Avenue Office Building Complex Rezone to C-1 from M-1 Mr. Robert Reed, representing Mr. Paul M. Plunkett and Mr. John McCourtney, owners of the property, explained that two rezoning applications were submitted to rezone the M-t property fronting on Congress Avenue to commercial. The entire parcel was originally 57 acres and they are proposing 11 to 12 acres of property on Congress Avenue to be rezoned commercial with 42 acres remaining M-1. He referred to the residential properties adjoining and in the area of this parcel and stated the basis for their applications for rezoning is an attempt to upgrade the property which is pre- sently zoned M-1 to provide commercial buffer area between the -9- MINUTES - PLANNING $ ZONING BOARD MARCH 27, 1979 parcels zoned industrial to the east and the property to the west which is predom~mantly zoned residential. There is also residen- tially zoned property to the north. They feel there is a need for this commercial buffer area in that the current M-1 zoned property permits potentially obn6xious usemby the residential areas. He submitted a list he prepared of the presently per- mitted M-1 industrial uses that can presently be constructed on the property fronting on Congress Avenue compared to the permitted uses they are requesting if it is rezoned. He read some of the allowed M-1 uses such as lumber yards, tire recap- ping plants, truck terminals, machine shops, etc. contrasted to C-1 office and professional uses and commercial C-3 uses listed. He thinks the commercial uses are more in line with not only the needs of the residents of Hunterfs Run but also the Golfview Harbour Townhouse owners rather than the industrial usage pre- sently permitted. Mr. Reed then told about the history of this property being zoned industrial approximately 20 years ago and explained that this was not in keeping with the present conditions. This property was originally zoned industrial to tie to the railroad tracks so a spur could run into the industrial area; but since then,=the South Vo-Tech School has been constructed separating this pro- perty from the railroad and all around is the residential deVelop- ment. Considering the number of residential units proposed, they do not think the commercial establishments are adequate. There are no developed commercial areas from Golf Road to Atlantic Avenue in Delray Beach going south. Mr. Reed then referred to the Comprehensive Plan recently recom- mended to the City Council and stated they feel this rezoning is in line with it. To continue the present M-1 industrial zoning is not in keepi~gwith the Comprehensive Plan. The objectives and goals of the Comprehensive Plan state there could be a potential land use conflict in having residential areas abut M-1 industrial zoned districts and that is what we have here. They feel a commercial buffer zone should be established between the M-1 and residential. He referred to there being com- ments of not having enough industrial zoned land ~nd stated ac- cording to the Comprehensive Plan on Page 78, it indicates the City has over 460 acres of industrial zoned land with less than 20% currently developed. Further, the Comprehensive Plan states only 12% of the City's land is zoned for commercial use and even though adequate~ the plan indicates in all too manycases the commercially zoned property is improperly located to service the areas:expanding. The Comprehensive Plan indicates the area west of 1-95 lacks adequately commercial zoned property to serve the future needs of the neighborhood markets in that area. In this area, there is a large pocket o£ residentially zoned pro- perty and it is not met adequately from the commercial standpoint. -10- MINUTES - PLANNING $ ZONING BOARD MARCH 27, 1979 Mr. Annunziato stated it is not exactly the situation as pointed out by Mr. Reed. Aspects of the plan do not support this commer- cial location. The site plan submitted in conjunction with the application is not appropriate. Mr. Delfin Menendez s~ated he agrees with all the concepts as explained by Mr. Reed. He agrees commercial use would be a better transitional use to the uses existing and proposed across Congress Avenue. There are arguments that industrial uses can be buffered or landscaped, but from experience the landscaped-area is not usually maintained in an industrial area. Definitely some- thing more pleasing would be built in commercial zoning to be seen along Congress Avenue without the noises, odors, etc. to be con- sidered from industrial. He explained how the shape of the land would allow an interesting design for commercial use rather than the typical corner square shopping center. He then showed a land- scape plan of the proposed office complex and explained how it would be heavily landscaped with divided parking. He thinks this will be comparable to the development in this area. He then showed a preliminary plan for the commercial area showing an attractive complex with neighborhood type uses with divided park- ing areas. He explained that it would be a landscaped open mall concept. He stressed that these would look nicer than any indus- trial which could be built. Mr. Ryder clarified that the question before the Board is rezon- ing and the applicant is not committed at this time to any plans. No development is being considered at this time. Mr. Oberle stated the City has spent a lot of money laying out the zoning in the City. They have spent money in research. Now, we are being asked to change the zoning so Mr. Ptunkett can dress up the front of the industrial area. If we allow one person to change the zoning laws, it will open the flood gates for everybody to come to this Board with the same application. Mr. Paul M. Plunkett then came before the Board and advised that he is not a land developer. He told about his plans for this pro- perty to have the industrial properties in the back with commer- cial in the front which is more acceptable to the public view and usage. He told about reeeivihg inquiries from a body shop and dog kennel~ but did not think they would be proper along Congress Avenue. He wants to create a thing of beauty in the front with the industrial park in the back subject to restrictions. He does not feel the highest and best use is to put several industrial buildings along Congress Avenue. Nobody dreamed Quail Ridge, Delray Dunes~ Hunterts Run, etc. would be built in this area and this has changed the character of the area. There is an industrial slum already to the south with not one tree planted. To deny this request will damage the residential area. Right now the corner of Congress Avenue and Golf Road is the center of the finest residen- tial area in all of Boynton Beach and it would be a shame to have a body shop a few hundred feet away. If they cannot build eommez~ cial, they must allow the industrial uses which come along. MINUTES - PLANNING $ ZONING BOARD MARCH 27, 1979 Mr. DiSalle s~ated that he thinks Mr. Plunkettis trying to up- grade the zoning here and he cannot see the objection Mr. Oberle has raised. He is agreeable to rezoning this. Mr. Ryder stated that at this time, we have no idea what will finally come here. Any permissive uses in the regulations are allowed. Mr. DiSalle asked if he was implying we cannot take action until seeing a site plan and Mr. Ryder replied negativel,y, but these exhibits are not binding. He explained how he felt this was commercial strip zoning and the next thing, it would be extending to the canal. There would be curb cuts every 50 ft. along Congress Avenue. Within the last few months, we have ap- proved commercial across the street for shopping for Hunter's Run without the traffic coming out to Congress Avenue. He pointed out other recently commercial zoned centers in this area. There is no lack of commercial area here. To encourage more commercial!when others have been recently approved in this area would probably result in more than we can handle and he does see this as a solution. Mr. Malavasi told about receiving many inquiries for this land to be commercial instead of industrial and stated he thinks the users will be there. There will also be a canal behind the pro- perty to serve as a buffer between the commercial and industrial. He thinks this proposal addresses the realities of today. There is a demand for professional offices. He does not agree with Mr. Oberle~s reason for not allowing a zoning change. We must address ourselves to the realities of today and Congress Avenue is not an industrial street. Mr. Johnson asked why this was not referred to when the Compre- hensive Plan was reviewed and Mr. DiSalle replied that he does not think the Comprehensive Plan was intended to be a rigid un- changing instrument. He does not like the alternatives o~ lumber yards~ boarding kennels~ etc. He does like the idea of C~i. Mr. Mauti referred to C-1 and C-3 zones allowing 40% coverage and stated M-1 zone allows 60% coverage. He cannot understand where there would be more curb cuts into Congress Avenue. An abundance of uses are allowed in the M-1 zone. He would rather see commercial than industrial. Mr. Annunziato stated this attack on our plan is exactly what we anticipated and there will be numerous attempts to locate commer- cial on Congress Avenue. The City must take a firm positive stance against commercial located on Congress Avenue unless consistent with the tenants located in the Comprehensive Plan. Commercial should be located where it has the greatest amount of access. There are few land uses as obnoxious as strip commercial. -12- MINUTES - PLANNING & ZONING BOARD MARCH 27, 1979 Mr. Annunziato continued that considering commercial from aestheW tics, tra£fic and leasing viewpoints, it tends~-~to be troublesome for a city. In reference to buffering, just what is being buffered? To the west there is a 4 lane 120 ft. right-of-way with median and then commercial sites. Just how much commercial is needed? It is a known factor that 'we require the necessary buffers to protect a residential area. Concerning the permitted list Mr. Reed distri- buted, this is not a complete list but is biased with comparing the worst and the best. The Board is in power to make reasonable requests and make findings whether uses are appropriate in giving locations. Buffering should be addressed by the Board and he explained. Landscaping was mentioned as not being well kept in industrial areas, but this is also true in strip commercial. This request does not meet the locational criteria proposed in the Comprehensive Plan. This will result in a dangerous situation with traffic from the school and school buses. He read the estimated trips for light industrial and commercial. He clarified there is 12 times as much traffic anticipated from commercial as from light industrial. This request will result in the loss of M-1 lands which means a loss of jobs. The C-S portion is across from the City park and how much traffic do you want across from a City park? Ample commercially zoned lands do exist to serve the needs. There are 67 acres of current vacant commercial land located within one mile. When developed, there will be 600,000 square feet of commercial floor area in one mile. The Board must resist addi- tional strip commercial locations on Congress Avenue. He thinks this will be the forerunner of many requests. The Board has the choice to make when making a recommendation to the Council whether Congress Avenue will look like a commercial highway with traffic or will it be well planned? Most important, this request is not consistent with the Local Planning AgenCy's recommendation for future land use at this location. We have made a recommenda- tion and we should not change the recommendation within three weeks. This rezoning request should be denied based on these facts and being inconsistent with the Comprehensive Plan and we should resist the attempts to put commercial on Congress Avenue. Mr. Malavasi added that in regards to Mr. Reed's list being biased~ it is easy to throw numbers of traffic around but there must be comparison. He does not think traffic is a valid point. A traffic study was prepared and they question the harm the impact would be compared to the existing traffic. Mr. Annunziato stated that our land use concept proposal for Congress Avenue is consistent with the proposal in Delray Beach with commercial at intersections. Mr. Malavasi replied that he does not agree that twelve times more traffic would be created by commercial. The existing conditions in that area must be con- sidered. Mr. Annunziato replied that the impact is being put on Congress Avenue at a dangerous location and there is still the question how much commercial is necessary to serve the population of this area. Mr. Malavasi stated there is a need for industrial. Mr. Annunziato stated he thinks there will be many attempts to rezone land on Congress Avenue. -13- MINUTES - PLANNING $ ZONING BOARD MARCH 27, 1979 Mr. Mauti stated he agrees residential should not be changed to commercial, but is favorable to changing industrial to commercial. Mr. DiSalle added that he doesn't follow the logic with objecting to a professional building, but it being all right for a distri- bution center. Mr. Ryder explained that we must be concerned about the impact on the Comprehensive Land'UsD Plan. He thinks we have to be consis- tent and sees no reason for any change. Mr. Hester replied that he sees no change for the City because this proposed Land Use Plan has not been approved and has not become effective yet. He explained that we are concerned about the zoning. Mr. Mauti made a motion to approve the C-t commercial change, seconded by Mr. DiSalle. No discussion. As requested, Mr. Annunziato took a roll call vote on the motion as follows: Mr. Mauti - Aye Mr. Johnson - Aye Mr. DiSalle - Aye Mr. Thompson - No Mr. Oberle - No Mr. Hester - Aye Mr. Ryder - No Motion carried 4-3. Applicant: Location: Us~: Request: Paul M. Plunkett (Reed & Malavasi~ Agents) South Congress Avenue (Bounded on the East by Congress Avenue and on the North by S. W. 30th Avenue Shopping Center, Open-Mall Type Rezone to C-3 from M-1 Chairman Thompson referred to covering this information and ascer- tained nobody desired to speak further. Mr. DiSalle made a motion to approve the rezoning to C-3 from M-I, seconded by Mr. Mauti. No discussion. As requested, Mr. Annunziato took a roll Call vote on the motion as follows: Mr. Mauti - Aye Mr. Johnson - Aye Mr. DiSalle - Aye Mr. Thompson - No Mr. Oberle - No Mr. Hester - Aye Mr. Ryder - No Motion carried 4-3. -14- MINUTES - PLANNING & ZONING BOARD Site Plan Approval MARCH 27, 1979 Applicant: Location: Project Description: Bethesda Memorial Hospital 2815 S. Seacrest Blvd. Replacement Dietary Addition Mr. Robert Hill, Assistant AdminisE~ator, told about the present construction and explained this would be a pent house floor with mechanical equipment. Mr. Annunziato explained that the original plan was approved in July, 1977, and this is the addition of a third floor dietary addition to be on top of what was approved in 1977. He added that this will exceed the height limitation and re~d Section 47 Paragraph F, listing provisions for height excep- tion. Mr. Annunziato referred to the staff comments and noted the City Engineer has commented details and drainage structure computations are required. He thinks the parking situation should be addressed. Mr. Hill explained that hospitals required government approval before making a capital expenditure over $150,000. He then ex- plained that the dietary department vacated would be utilized for expansion of medical records department, medical laboratory and business office space. They do not have approval from the govern- ment to go ahead with this yet. This relocation will cause no impact on the parking situation as there will be no additional staff or patient areas. It is simply a relocation and updating of physical facilities. Additional parking is not required for the expansion of the dietary department or future utilization of abandoned space. Their next need wi~ be for additional inpatient beds and at that time~ additional parking facilities will be added Mr. Mauti referred to residing at the corner of 24th Avenue and 2nd Street and told how the traffic from the hospital congested this street and ignored the stop signs. After discussion, Mr. Hill stated he would circulate a memo to the hospital staff re- questing them to utilize Seacrest Blvd. or adhere to the stop signs. After review of the plan, Mr. Hester moved to approve the plan with staff comments, seconded by Mr. Johnson. Mr. Annunziato suggested the recommendation be included gra~t±ng the height exception as provided in Section 4-F. Mr. Hester included, seconded by Mr. Johnson. Motion carried 7-0. Master Plan Applicant: Location: Project Description: Mariner's Way (Bob Hamilton, Agent) East End of N. E. 12th Avenue 4.75 acres, 32 units, Townhouses -15- MINUTES - PLANNING & ZONING BOARD MARCH 27, 1979 Mr. Bob Hamilton came before the Board and stated he has read the staff comments and finds nothing adverse. Mr. Annunziato referred to this being before the Board previously as a pre-application and explained the name was changed to Mariner's Way for clarification. He then read the City CBngineer's seven recommendations. The Police Department notes street lights are required. The Public Work, s Department notes no underground garbage cans will be per- mitted. He has commented to coordinate with City Departments. The Recreation Director has noted there be a fee in place of land. The recommendation is to approve subject to comments. After review of the plan, Mr. Johnson made a motion to accept this subject to staff comments, seconded by Mr. Oberle. Motion carried 7-0. ADJOURNMENT Mr. Mauti made a motion to adjourn, seconded by Mr. DiSalle. Motion carried 7-0 and the meeting was properly adjourned at 10:15 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Three Tapes) -16- AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: TI~: PLACE: March 27th, 1979 7:30 P~M. Council Chambers City Hall Acknowiedgeme~t of Members and Visitors° Reading and Approving of Minutes. 3. Announcements~ 4. Communications. 5° Old Business: A. Master Plan: Applicant:~ Bruce Rollyson Location: High Ridge Rd. (at Florida Pneumatic) Legal Description: Acreage Project Description: North Boynton Industrial Park 6. New Business- A. Public Hearings: ABANDON~VzEN T REQUEST Applicant: C. Herbert Cornel! (A.R. Gregoryr Trustee) Location: S.W. 3rd Street, 283' south of Woolbright Rd. Legal Description: Part of Tract 9 of-the Subdivision of the West three quarters of Sec.33, Township 45S, Range 43 East. Request: Street Abandonment REZONING REQUEST Applicant: Paul M. Plunkett(Reed & Malavasi, As Agents) Location: South Congress Avenue (bounded on the East by Congress Avenue, North by L.W.D.D. Canal L-28r and South ~by S.W. 30th Avenue; Legal Description: See Survey Use: Office Building Complex Request: Rezone to C-1 from M-1 Applicant: Paul~M. Plunkett (Reed & Malavasi, As Agents) Location: South Congress Avenue (BoUnded on the East by Congress Avenue and on the North by S.W. 30th Avenue Legal Description: See Survey Use: Shopping Center, Open-Mali Type Request: Rezone to C-3 from M-1 Site Plan Approval: App!idant: Bethesda Memorial Hospital L~cation~ 2815 So. Seacrest Blvd. Legal Description: See Survey Project Description: Replacement Dietary Addition Planning & Zoning Agenda Page 2 March 27th, 1979 C. Master Plan: Applicant: Mariner's Way. (Bob Hamilton, Agent) Location: East end of NdE. 12th Avenue Legal Description: See Survey Project Description: 4.75 acres, 32 units, Townhouses