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Minutes 11-28-78AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: PLACE: November 28th, 1978 7:30 P.M. Council Chambers City Hall !. Acknowledgement of'Members and Visitors. 2. Reading and Approving of Minutes. 3. Announcements' 4. Communications. 5. Old Business:: e New Business: A. Public Hearing.: REZONING REQUEST Applicant: Flagship First Natiohal Bank of Boynton Beach Location: N.E. corner of Congress Avenue and WoO!bright Avenue Legal Description: The South 200 feet of the North 240 feet of the East 700 feet of the West 750 feet of the North ¼ of Section 32, Township 45 South, Range 43 East; approximately 3.211 acres less Rd R/W Use: Construction and operation of a commercial bank facility Request: REZONE from R-3 to C-1 MINUTES OF THE REGULAR MEETING OF THE PLANNING g ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, NOVEMBER 28, 1978 Pi~ESENT Simon Ryder, Chairman Col. Walter M. Trauger, Vice Chairman Ronald Arena Richard Lambert John Jameson Garry Winter Carmen Annunziato, City Planner ABSENT Mrs. Marilyn Huckle (Excused) Chairman Ryder 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. He acknowledged the presence in the audience of Councilman Joe DeMarco. MINUTES OF NOVEMBER 14, 1978 Mr. Jameson moved that the minutes be accepted as received, seconded by Mr. Winter. Motion carried 3-0 with Col. Trauger and Mr. Lambert abstaining. ANNOUNCEMENTS Chairman Ryder read a letter from the City Manager advising the annual Board Dinner will be held mn December 15 and formal invi- tations will be mailed by December 1. Chairman Ryder then reported on matters referred to the City Council by this Board and their action taken at the November 22 meeting. He referred to the rezoning request for the small tract of land combined with the large tract on the east side of Congress Avenue between 804 and Old Boynton Road going east- ward to Hoadley Road and stated this Board recommended denial of this request from R-1AA to C-3 and the Council also denied the request by a vote of 5-0. (At this time, Mr. Arena arrived.) Chairman Ryder referred to the Cogen-Kirsner property on the west side ~f Congress Avenue between 23rd and 15th Avenues and stated this matter was previ- ously tabled by the Council because it was felt generally the density was too high. The plans were revised and the density decreased and the Council approved with a vote of 5-0. Mr. Winter asked if the height was lowered to two stories and Chairman Ryder replied negatively and the plans are for three stories. He added that the density was supposed to have gone from 6 to 4~. Along with that was the tract immediately oppo- site Lindsley to be rezoned from Agriculture to C-3 which the Council approved 5-0. MINUTES - PLANNING $ ZONING BOARD NOVEMBER 28, 1978 Chairman Ryder stated on the site development plans, the Council approved the application of Florida National Bank located just south of the Ranch House. Under Ordinances, Second Reading, the Council approved the plat of Hunter's Run Golf & Racquet Club. Chairman Ryder then referred to an application being made last February for the Sandhill Development by Riteco and advised that a representative appeared and requested a six month exten- sion for this project. They still propose to proceed with the development on the east side of Congress Avenue extending on either side of 22nd Avenue to High Ridge Road. However, because of the financial situation and uncertainty of interest rates, they want to study the matter further and the Council granted the extension. Chairman Ryder referred to receiving copies of the minutes from the Community Appearance Board meetings and told about their concern of the plans for the Banana Boat Lounge not coming before their Board for review. It was explained that some plans did not come before that Board because the projects were valued at less than $100,000 and apparently there is still some uncer- tainty how these matters are to be handled. Mr. Annunziato clarified that there was some ambiguity in the direction the staff received regarding processing these applications but since that time Mr. Howell and he have determined that all applications should go to the Community Appearance Board for review. They felt since the ordinance did not specifically state the intent, the Community Appearance Board should review all plans. Mr. Winter asked if the Banana Boat Lounge was remodeled for less than $100,000 and Mr. Annunziato informed him that a new build- ing was not built and it was just a remodernization of Smokey~s Wharf. Mr. Lambert refermed to the interpretation of the ordi- nance and explained how an applicant may question this procedure and Mr. Annunziato explained that this was clarified in the form of a memo from Mr. Howell with his concurrence and copies were forwarded to the City Council. He thinks if there were any negative comments or questions, he would have been contacted. Mr. Annunziato introduced the new Assistant City Planner, Mr. Craig Grabeel, and explained that he would be working on the Comprehensive Plan and in the day-to-day workings of the de- partment. Chairman Ryder welcomed him aboard. Chairman Ryder announced that since he has been informed City Hall will be closed on December 26, the day following Christmas, the Planning & Zoning Board will follow suit and will have no meeting on that date. -2- MINUTES - PLANNING & ZONING BOARD NOVEMBER 28, 1978 PUBLIC HEARING Rezoni ng Request Applicant: Flagship First National Bank of Boynton Beach Location: N.E. Corner of Congress Avenue L Woolbright Rd. Legal Description: The South 200 feet of the North 240 feet of the East 700 feet of the West 750 feet of the North % of Section 32, Township 45 South, Range 43 East; approximately 3. 211 acres less Road R/W Use: Construction and operation of a commercial bank facility Request: Rezone from R-3 to C-1 Chairman Ryder explained the location of this property and then requested Mr. Annunziato to give further input. Mr. Annunziato referred to this being located on the northeast corner of Wool- bright Road and Congress Avenue and advised that both .of these streets are proposed to be six lane facilitiesin the future. This tract is zoned R-3 and was zoned as a ~esu!t of the Leisure- ville PUD rezonings in the late 1960's. The use was noted for a motel. Regardless of the zoning on the land, the use which was awarded as part of the PUD would still be appropriate, that being a hotel or motel site. As to whether this request is reasonable in terms of the surrounding zoning, there is commercial zoning to the west, south and east. In terms of intensity of use, a bank is a less intense use than a hotel or R-3 site with the hours limited to working days and not later than 7:00 P.M. and not on weekends. This might be considered rezoning to a more restric- tive category. If the zoning is determined to be appropriate, it should be approved subject to dedications to Congress Avenue and Woolbright Road as appropriate. Chairman Ryder requested the applicant or representative of Flagship First National Bank to present their request. Mr. Robert Griffith, 630 East Ocean Avenue, Attorney representing Flagship First National Bank, appeared before the Board. He advised the plan of the bank is to purchase this property which is under contract subject to the rezoning. The sketch on the wall is not a detailed plan but shows the functional use of the propertyand how it will be developed. He explained the plan~to have the main banking facility located on the west end of the tract, the area in the middle will be used for vehicle parking, and the extreme east end will have the drive-in faci- lities which will enter and exit onto 15th Avenue. The diagram is not supposed to be detailed but is a design the ~ank feels would afford the best use of the property and provide a facility which would be a credit to the community. He then referred to the commercial property at this corner and stated the present -3- MINUTES - PLANNING & ZONING BOARD NOVEMBER 28, 1978 plan is to try to develop the property with consideration of the Leisureville area to the south. He referred to comments being made by people in the audience and stated they will comply with all City requirements. He told about the bank completing an economical survey for the application of a bank facility and advised they have reasonable assurance the charter will be granted at this site location depending upon purchase of the property by the bank and rezoning of the area by the City. He explained how the overall plan for Leisureville did desig- nate this property for a motel and if this use was pursued, the City may be required to issue a permit for that without further zoning. They feel the bank will be a minor disturbance use adjoining a residential area. There is a natural barrier with an 80 ft. canal right-of-way to the north. If a favorable decision is given, their intentions are to comply with the rgquirements for screening and beautification. He thinks most banks in communities have always been cooperative with the spirits of the needs of the town. He explained how the banking business should meet with the peoplesf approval. He then intro- duced Mr. John Howell, President of Flagship First National Bank. Mr. Howell added that Mr. Griffith has covered the basic uses in their intent. They do have a great number of depositars and cus- tomers living in this immediate area and their primary objective is to serve their customers add that is why they are making an investment in this area. Chairman Ryder asked if he contemplated using the entire site for this facility and Mr. Howell replied affirmatively. Chair- man Ryder referred to the drive-in tellers being open longer hours and Mr. Howell replied that they would be open 8:00 A.M. to 6:00 P.M. Chairman Ryder added that in reference to the barrier, there are specific requirements when adjacent to resi- dential area. Mr. Lambert asked if he was familiar with the rights-of-way required by the highways and Mr. Howell replied that he was not at this point, but realizes whatever they do provide for egress and ingress will have to be coordinated with the proper highway departments. D.O.T. has already taken the right-of-way and a deed has been bubmitted showing this dedication to D.O.'T. They stand ready to provide whatever is needed and reasonable. Mr. Arena referred to the number of curb cuts shown on the plan and Mr. Howell replied that this would be coordinated with D.O.T. ~.~.o!. Trauger asked if the 24 hour teller service would be avail- able and Mr. Howell replied as long as he has anything to say about it, there will not be. They do not have a machine now and do not anticipate getting one. Chairman Ryder clarified that the first unit to the eas~ would be built first followed by the one closer to Congress Avenue and Mr. Howell agreed. -4- MINUTES - PLANNING & ZONING BOARD NOVEMBER 28, 1978 Chairman Ryder asked if anyone in the audience wished to speak in favor of this application. Mr. Stanley W. Shay, 1516 S.W. 23rd Street, questioned if there was a change of plans in the near future and the bank decided not to build at this particular site, would it revert back to R-3 and Chairman Ryder replied negatively, but any other permis- sive use in C-t would be allowed. Mr. Shay requested the exact definition of the C-1 zone to be read and Chairman Ryder read this section. Mr. Shay clarified that it definitely excludes retail establishments and Chairman Ryder agreed. Mr. Shay com- mented that this would also allow a cult like Jonestown. Chairman Ryder then read the permissive uses in the R-3 zone and pointed out that apartments would be allowed. Mr. Shay replied that he personally has no objections to the bank, but should they decide to cancel, what would they be stuck with? Chairman Ryder informed him that once the rezoning is estab- lished, that is it. Mr. Shay clarified that they would have no recourse provided the bank did not proceed with the site plan and Mr. Annunziato replied that the use could not be speci- fically pinned down. Mr. Lambert added that if Flagship First National Bank does not build a bank, any of the uses read in that zoning could be put there. However, they must consider the existing zoning which would allow four story buildings which are not permitted in C-1. He thinks we would be more concerned if they were coming in for C-3 or C=4 which would be wide open to all commercial uses. The C-t zone is restrictive as to what could be built there. A shopping center type of facility could not be built. Chairman Ryder referred to living right outside the 400 ft. area and told about times when this area was in awful shape. He believes this will be a good use for the property and with the intersection being widened, it is pretty well estab- lished to be a commercial center. Mr. Shay clarified that he does not personally have any objections to the bank as planned. Mr. Fred Aspin~tl, 2382 S.W. 14th Avenue, asked if it was correct that there would not be a 24 hour banking system and Col. Trauger replied this was right. Mr. Aspinall referred to the bank not going through with their plans and asked what their recourse was if something objectionable is planned and Chair- man Ryder replied that aay change in zoning must be instituted by the owner. Mr. Winter read the uses allowed in C-t and asked if any were objectionable and Mr. Aspinall replied that cults would be. Mr. Aspinall questioned the height of professional buildings allowed and Mr. Annunziato replied the height limit was 25 ft. -5- MINUTES - PLANNING $ ZONING BOARD NOVEMBER 28, 1978 Mr. Arena stated that presently the way the land is zoned, this site can be used for a motel. The City ~entered into an agree- ment and a motel man be built. If this rezoning is granted and the City Council appro%~sd it, then the developer is breaking that agreement on the PUD and a motel could not be built. He would rather live by any uses in the C-1 zone rather than by a motel. Mr. Aspinall asked if the owner of this property owns the prope.r~y also where Campinelli has the hut and Mr. Annunziato replied nega- tively and Mr. Howell confirmed it. Mr. Shay referred to it being emphasized that the owner can ask for a change and questioned why the owner in this instance did not make this request and Mr. Annunziato informed him that the owner has given his right to request the rezoning to the appli- cant and explained. Mr. Howell added that in this instance, the owner did no~ want to go to the expense of the rezoning. Mr. Aspinall referred to this application having to go to the City Council and Chairman Ryder agreed and explained that it should appear on the agenda for the City Council meeting next Wednesday and the final decision is made by the City Council. Mr. Aspinall questioned how soon the bank would exercise its contract and Mr. Howell replied within a matter of thirty days and construction would start within 90 days. Mr. Aspinall clarified that he does not have serious objections to the plans proposed, but he is worried about if the plans do not go through for the bank. Mr. Lambert stated that we have looked very strongly at this intersection on the Comprehensive Land Use Plan and have noted this parcel to be zoned commercial. Chairman Ryder added that Woolbright Road is to be extended to Military Trail and with the road being widened commercial zoning is prac~ cal. Mr. Lambert clarified that the applicant is requesting C-1 and stated that there is the possibility the Board mould have recom- mended C-2 for that morner. Mr. Shay asked if it was possible for the little lot used by Campinelli to be rezoned other than C-1 and Chairman Ryder replied hardly because if the Council goes with this rezoning to C-i, there would be uniformity throughout. Col. Trauger made a motion that the Planning S Zoning Board recommend to the City Council this change in zoning from R-.3 to C-1 for the application of Flagship First National Bank located at the northeast corner of Congress Avenue and Wool- bright Road subject to the granting 6f the rights-of-way on both Congress Avenue and Woolbright Road. Mr. Winter seconded the motion. Under discussion, Mr. Lambert referred to the rights-of-way being given as indicated on the drawings and Mr. Annunziato replied that he would have to determine the -6- MINUTES - PLANNING & ZONING BOARD NOVEMBER 2 8, 1978 exact rights-of-way and check whether the full proposed rights-of- way have been dedicated. Col. Trauger referred to Congress Avenue not lining up properly according to the plan and Mr. Howell pointed out that the Highway Department took 10 feet off Congress Avenue and cut the corner to have a curve with 15 feet on Woolbright Road. Mr. Arena clarified that he does not think this suggestion would mean anything if it has been taken, but to cover ourselves it should be included. Mr. Lambert asked if we would know the answer by the time it is reviewed by the City Council and Mm. Annunziato replied that he will request Mr. Howell to provide a copy of the quit claim deed. Motion carried 6-0. OTHER BUSINESS Mr. Lambert requested an updated from Mr. Annunziato on the status of o'ur Comprehensive Land Use Plan and questioned how we stand with reviewing the plans from the County and municipalities around us. Mr. Annunziato explained that our draft plan would be reviewed for final editing and he plans to make copies and distribute to the members next week. At that point, the Board will have to decide when they will want to start conducting public hearings. Chairman Ryder asked if this would be done this year and plied that-it could happen in mid-December, but it depends on the schedule the Board wants. Mr. Annunziato then stated in reference to the Palm Beach County Land Use Plan as it relates to our plan, the County Commission is currently holding public hearings on it. There has been some dis- cussion .as to the plan not being flexible enough. He has received a copy as it applies to our reserve annexation area. Mr. Lambert questioned if the County wanted a feeling from the Local Planning Agency and Mr. Annunziato replied that the County submitted a copy of their plan to the City. He has reviewed it but has not presented it to the Local Planning Agency. If the Local Planning Agency desires to make a review of it, it can be scheduled. Mr. Lambert stated he felt the Local Planning Agency should review it for the Cityfs best interest. At some point in time shortly, somebody has to give an indication. Input has been requested regarding the area west of Congress Avenue. Mr. Lambert suggested that copies be forwarded to the members and Mr. Annunziato referred to it being a large document and suggested that he present the document at the next meeting~and the members will have received the city's draft plan by then, Chairman Ryder suggested that a schedule be considered to hold the public hearings so we are prepared. Mr. Annunziato agreed we should be able to discuss commencement dates and public hearings~ but as to the number, it is difficult to determine according to the public input. It must be treated in the same manner as rezonings. -7- MINUTES- PLANNING & ZONING BOARD NOVEMBER 28, 1978 Mr. Arena explained how it was important to review the City's plan in conjunction with the County?s plan. He also pointed out that the makeup of the Board would be changing at the beginning of the year. Mr. Annunziato stated that he planned to have the draft plans for the City forwarded to the members before the next meeting and he could make a presentation of the County plan at the next meet- ing. Mr. Lambert asked when the County was looking for some kind of indication from us and Mr. Annunziato replied that they have not presented their plan to the Technical Advisory Committee yet, but the County Commission is in the final stages of holding public hearings but he thinks there are going to be some revisions. Mr. Lambert referred to there being a deadline and Mr. Annunziato re- plied that they want our comments as soon as possible. Further discussion followed regarding review of the two plans and itwas agreed Mr. Annunziato would forward copies of the City[s draft plan to the members and make a presentation of the County's plan at the next 'meeting. ADJOURNMENT Mr. Arena made a motion to adjourn, seconded by Mr. Winter. Motion carried 6-0 and the meeting was properly adjourned at 8:40 P. M. Respectfullysubmitted, Suzanne M. Kruse Recording Secretary (Two Tapes) -8-