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Minutes 11-14-78AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: TIME: PLACE: November 14th, 1978 7:30 P.M. Council Chambers City Hall Acknowledgement of Members and Visitors. 2. Reading and Approving of Minutes. 3. Announc~ment~. 4. C0mmunications~ 5. Old Business: 6. New Business: A. Public Hearing: REZONING REQUEST Applicant: James B. Day Location: Along East side of Southerly extension of Hoadley Road Legal Description: The West 250' of Lots 57 and 58 in the subdivision of Sections 29 and 20, Township 45 South, Range 43 East, Use: Large Department Store Request: Rezone to C-~ from R1AA B. Site Plan Approval: Applicant: Florida National Bank of Palm Beach County Location: Congress Avenue, East side; 70' south of Ranch House Legal Description: acreage (see attached) Project Description: Branch Banking Facility MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, NOVEMBER 14, 1978 PRESENT Simon Ryder~ Chairman Ronald Arena Mrs. Marilyn Huckle John Jameson Garry Winter Carmen Annunziato, City Planner ABSENT Col. Walter M. Trauger, Vice Chairman (Excused) Richard Lambert (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 announced that Col. Trauger is out campaigning and Mr. Lambert had an unavoidable conflict and both are unable to attend and considered excused. MINUTES OF OCTOBER 24, 1978 Mr. Jameson moved to accept them~inutes as presented, seconded by Mr. Winter. Motion carried 5-0. ANNOUNCEMENTS Chairman Ryder announced he will use this period to give an account of the action taken by the City Council at their meet- ing of November 8 on items refer~ed to them by this Board. One of the matters advanced to the City Council was the matter of the Cogen Kirsner change of zoning and a special meeting was held by the Council for this matter since it was advertised. There was a good deal of discussion and apparen~ a good deal of resis- tance on the part of the Council to accept the densities and finally it was tabled to give the applicant the opportunity to come back with a revised plan with reduced density. Chairman Ryder referred to the site development plans and advised the plans for the Hunter's Run Golf & Racquet Club clubhouse and guardhouses were approved by the Council. Second reading of the ordinance for the residential and commercial rezoning of the Meadows on Congress Avenue was approved by the Council. Also, the ordinance for the Jarvis property on 15th Avenue was read on second reading and approved. An ordinance on first reading for the master plan of the Golf L Racquet Club was approved Chairman Ryder announced one of the items on the agenda for the City Council meeting was the change of the use of the plat of Lake Worth Mariner Village. No action was taken on the original plans and he understands the original people are out of the pic- ture. The request was to keep the original plat and build around it but they plan to build villas instead of single family homes. The plans will be submitted to this Board. MINUTES - PLANNING g ZONING BOARD NOVEMBER 14, 1978 NEW BUSINESS Rezoning Request Applicant: Location: Legal Description: Use: Request: James B. Day Along East side of Southerly extension of Hoadley Road The West 250 ft. of Lots 57 and 58 in the subdivision of Sections 29 and 20, Township 45 South, Range 43 East Large Department Store Rezone to C-3 from R-1AA Chairman Ryder announced that he would like to give a brief resume of this particular matter before asking the City Planner to provide further input. This area which is proposed to be changed is adjacent to a large tract fronting on the east side of C~ongress Avenue bounded on the south by the Villager, on the north by Old Boynton Road and on the east by Hoadley Road. The entire tract consists of approximately 16 acres. The area in question requested for rezoning is two lots. In the application, the applicant indicates at one time in addition to the large tract on Congress Avenue, this small area was part of it and zoned the same. In 1971, it was changed from R-1AA to C-1. In 1975, the City went through a general rezoning and the C-1 was changed to C-3 which was approximately the same with regard to permissive uses. This small area was given the designation of R-1AA but the applicant is of the opinion it might be in error and should have all been C-3. The applicant is seeking to regain these two lots as part of the large tract zoned C-3. He then requested, Mr. Annunziato, City Planner, to give further input. Mr. Annunziato announced that he would give his preliminary com- ments before the presentation. These two lots are approximately one acre each and are located on Hoadley Road where it dead ends into the canal.~ To the south, the property is zoned Hoadley Road is not projected to go through to State Road 804 and will deadend where these lots are located. The commercially zoned property to the west is vacant. Two properties to the north are developed in a residential nature. Chairman Ryder announced that the applicant, Mr. James Day, or his representative would be given the opportunity to speak first. Mr. James Day, 3905 Ocala Road, Lantana, appeared before the Board and advised that he is the trustee of a syndicate which owns this property. Mr. Thompson will give further background as he was the original owner and had the property originally rezoned to commercial. -2- MINUTES - PLANNING $ ZONING BOARD NOVEMBER 14, 1978 Mr. Hank Thompson announced that he wanted to reit crate that this property has been held intact. He sold this property to a group. When the rezoninq map in 1975 was prepared, he was ad- vised the entire parcel was C-3 and feels this was an honest mistake. He is not asking for rezoning which did not exist. The entire parcel was C-1. Ordinance No. 71-26 passed unani- mously by the Council was done to keep the entire parcel intact. There is a ~ontract for a large department, store to fill the entire area. Chairman Ryder referred to development proceeding in the area since the rezoning in 1975 according to the zoning with new single family homes and Mr. Thompson replied that he built most of these homes. Mr. Thompson continued with giving the comparison within footage and explained it was $1,000,000 worth of homes and close to $2,000,000 worth of commercial property. He showed a survey of the property and pointed out Congress Avenue and the entire parcel which was originally zoned C-1 and through an honest error became C-3 and R-1AA. Also, Hoadley Road did go all the way through to 804 but it was abandoned. This entire parcel can be better uti- lized in a complete commercial usage. Chairman Ryder referred to the owner having 16yacres zoned C-3 and Mr. Thompson agreed and explained how the market place deter- mines the size of a shopping area. People have placed this entire parcel under contract including the small part which they thought was zoned C-3. A department store is preparing to build on this property. He thinks the small parcel was rezoned acei- dently. They are now going through the process to accomplish what they thought already existed. Mr. Winter asked the intended use of the extra two acres and Mr. Thompson replied that he doesn't know because they have not been given a site plan. Also, he is not able to divulge the name of the store. He is not sure if they want these two lots for parking. He assumes it would be used for parking as expo- sure is wanted as far to the west as possible. Chairman Ryder referred to the depth being over 500 ft. excluding this tract and Mr. Thompson agreed that it is 570 feet. Mr. Thompson continued that there has been one home built to the north of th~s parcel. Also, there have been some new homes built in Velaire and Venetian Isles. There is an urgency in- voled to use this land. Mrs. Huckle clarified that his interests do not include Lots 59 and 60, the two lots north of this parcel, and Mr. Thompson replied that the lots in question are 57 and 58. He clarified that it was all zoned together in a parcel as C-I and suddenly they find out they have an appendage which is zoned R-1AA. -3- MINUTES - PLANNING $ ZONING BOARD NOVEMBER 14, 1978 Mr. Thompson then showed a map of how the zoning was proposed in 1975 with a line drawn down the center of their property. He told about speaking against this and it was agreed the entire matter would revert to the original zoning. He thinks when the Board viewed this area at that time~ they did not realize the appendage was on the one side. Mr. Arena asked if Mr. Annunziato had investigated this matter to see if theme was some kind of mistake or if it was the intent of the City to keep these parcels R-1AA and Mr. Amnunziato replied that he has not ma~ an investigation but just forwarded the information submitted with the applieation. Mr. Thompson added that he talked to Mrs. Padgett and there seems to be a gray area because Mr. Kelly assumed the entire parcel was C-3. Mr. Arena referred to some statement being attributed to Mr. Kelly, who .was the Chairman of the Planning & Zoning Board in 1975, but stated the Board is a recommending Board to the Council and he does not see where anything Mr. Kelly said would have determin- ing factors on this piece of land. If there was something at the City Council level decided, he would like to know. Mr. Thompson informed him that he obtained minutes of the Planning & Zoning Board meeting held for the rezoning and a recommendation was made to the Council and in his 9pinion, the Council was un- aware of how the Board was telling them to do it. Chairman Ryder stated he was a member of the Board at that time, but does not remember this because there were a lot of changes made. He does not know if it is entirely relevant because it is zoned R-1AA and the surrounding area has been developed in that direc- t-ion. Mr. Thompson stated that this is a commercial area for all the western areas too. Chairman Ryder ascertained nobody else wished to speak in favor of this application. He then asked if anybody wished to speak in opposition and the following appeared before the Board. Mr. Ray McElroy, 19 Velaire Drive, stated the people in this area were under the impression the zoning on the east side of Hoadley Road was residential. They have paid taxes in this area for years. If this proposal goes through, it will put this depart- ment store at his back door. He has lived there for 17 years. It will add to the congestion. The area has developed residen- tially. If this proposal goes through, it will ruin the neigh- borhood. He does not know how deliveries will be made as trumks are no~ allowed on Old Boynton Road. He did not know only two lots were residential, but thought the whole parcel was residen- tial. Mrs. Huckle asked if he thought the C-3 was R-1AA and Mr. McElroy replied that he was informed that it was residential halfway. Mr. Winter clarified that his opinion was both sides of Hoadley Road ~e residential and Mr. McElroy agreed and added that he is sure the people who built theme were of the same opinion. -4- MINUTES - PLANNING & ZONING BOARD NOVEMBER 14, 1978 Mr. Roy Roseke, 410 Hoadley Road, stated that he owns Lot 59° He has owned this property for over 25 years. Ail around, it was zoned residential. When it was rezoned, he was not notified. This is the first notification he has had of any zoning changes. Chairman Ryder informed him that City zoning changes were made in 1975 and Mr. Roseke replied that he heard about this after it was d~erwith. Mr. Arena asked when he built his house and Mr. Roseke replied that it was three years old when he bought it in 1955 and the area was all zoned residential. Mrs. Huckle stated that notices of the rezoning public hearings went out on the water bills and Mr. Roseke replied that he does not have City water. Mrs. Huckle stated that it was also advertised in newspapers. Ms. kosemarie Peterson, 420 Hoadley Road, stated that she owns Lot 60. She knew this property was commercial, but thought it was C-1. She understands it was changed to C-$ by request. It is unusual to put C-3 next to R-1AA. In order not to depreciate the two lots, they should be made C-1 to buffer the C-3 from the residential. Chairman Ryder informed her that C-1 and C-3 are not the same and Ms. Peterson replied that ~he gets the impression from the old C-1 that it was quiet business but C-3 is almost anything. She owns a home o~ Lot 60 and feels she would lose value with leaving residential abutting commercial. Chairman Ryder stated that the Board must be confined to the application submitted at this time. Ms. Peterson asked if it was unusual to run C-3 to residential and Chairman Ryder replied that it wasn't done apparently. Mr. Winter stated that Hoadley RDad is a buffer zone and Ms. Peterson informed him that it is only a 25 ft. road. Ms. Peterson referred to most of the commercial area going on the west side of Congress Avenue and stated if these two lots are changed, the rest of the lots o~ Hoadley Road should be changed also. Mr. Herbert Cole, 1249 Gondola Court~ requested the Board to deny this request. He built his home here because of the resi- dential zoning. He knows other people have purchased homes and built homes with the understanding of the residential zoning of that area. If this rezoning is granted, it will destroy the whole area. Everyone knows what stores do to a residential area. He certainly did not build his home there if it was not protected by residential zoning. How long has Mr. Day owned this property and Mr. Day replied since 1972. Mr. Cole continued that he thinks Mr. Day was aware of what the zoning was when he purchased the land. Many people live in this area to be protected by the zon- ing. Mr. Day lives in Lantana and this won't affect him. He thinks the people who invested money and built homes should receive the protection of the City. Mr. A. F. Scott, !256 Gondola Court, stated that he agrees with Mr. Cole. He bought his home in 1972. This is the first time he has heard about rezoning this parcel of land. In listening to Mr. Thompson figuring the difference between commercial and -5- MINUTES - PLANNING & ZONING BOARD NOVEMBER 14, 1978 residential, it seems like money is involved; he could get more money from commercial than residential. He is opposed to making these two lots commercial. Besides, they dontt know what is going to be built there. He thinks it is pretty vague and more specific facts should be presented to the people. ~hairman Ryder asked how many people in the audience lived in this area and ~bst of the people present responded. Mr. Stewart Bradel, 1251 Gondola Court, stated that he lives right across the canal from this. ~No matter what kind o£ store is built, it will be a seven day deal. Today they can hear what is going on at the Villager and he explained. This area should be left as a buffer zone. They are figuring to pave th~setwo acres so cars can park there seven days a week. It will be rough living around that area. When he moved here three years ago, he was told it was residential across the canal with the front on Congress Avenue being commercial. C~airman Ryder read a letter from Bosso & Bosso, Attorneys, stating the following reasons in opposition to this request: t) Overabundance of commercial rental property as well as vacant commercial in the surrounding area. 2) Existing traffic congestion which would increase under impending rezoning and construction and is especially dangerous to our senior citizens. 3) An abundance of similarly zoned property (R-iA) whose owners will soon be asking for like variances if this one is granted. Chairman Ryder also read a letter from Mr. & Mrs. James Court opposing this change and indicating their concern what would happen with activity of this kind going east of Hoadley Road. Mr. Jameson questioned the owners of the property Bosso $ Bosso represented and Chairman Ryder replied that he believes it is the Villager. He then declared the floor open for discussion. Mr. Winter questioned how the Planning Consultants designated this property and Mr. Annunziato replied that the concept plan notes no change in this area. Chairman Ryder stated that regardless how this happened, by maintaining the existing condition, Hoad!ey Road is a buffer but it could spill into the immediate adjacent residential area if granted. -6- MINUTES - PLANNING $ ZONING BOARD NOVEMBER 14, 1978 Mr. Thompson pointed out that this entire parcel was zoned C-1 until 1975. He does not think some people realize that. In 1975 this accident took place. He would like to know what the Planning & Zoning Board would propose for that little appendage if it does not go C-3 and Chairman Ryder replied that the Board does not propose anything but it would remain residential. Mr. Winter stated that possibly when this area was reviewed in 1975, it was proposed that this appendage not be zoned commer- cial. Mr. Thompson meplied that he went before the Board then and talked to Mr. Bushnell and Mr. Barrett and he was left with the impression that it would be zoned commercial. Mr. Arena stated that he thinks we are confronted with a situation where the attorneys, Bosso L Bosso, made some valid points. If we get into the situtation where Lots 57 and 58 are rezoned to commercial, he thinks Lots 59 and 60 will have valid reasoning for requesting rezoning for rheim property. Where is it going to stop? He cannot amswer why Lots 57aand 58 were left residen- tial and he does not think anyone can answer what happened in 1975. With the development taking place in this area~ he could not recommend this rezoning to the City Council. Chairman Ryder added that it is very possibl~ this mould set a precedent if granted. Mr. Winter stated that he spoke to the residents at Poinciana and they were concerned the road would be used commercially. He cannot see how any commercial traffic could get to that area unless using Hoadley Road. Mr. Jameson stated that hearings were held for the rezoning and the public was informed. The owner knew it was zoned residen- tial. There was ampl~ time given for the owner to appeal. Mr. Arena made a motion that the Planning $ Zoning Board recommend to the City Council the denial of the rezoning request for the applicant, James B. Day, for the west 250 feet of Lots 57 and 58 in the subdivision of Sections 29 and 20, Township 45 South, Range 43 East, from R-1AA to C-3. Mr. Winter seconded the motion. As requested, Mrs. Kruse took a roll call vote and the motion married 5-0. Site Plan Appmoval Applicant: Location: Legal Description: Project Description: Florida National Bank of Palm Beach County Congress Avenue, East side, 70~ south of Rangh House Acreage Branch Banking Facility -7- MINUTES - PLANNING & ZONING BOARD NOVEMBER 147 1978 Mr. Annunziato informed the Board that this is approximately 70f south of the existing RanCh House property on the east side of Congress Avenue. Approximately this time last year, plans were submitted for Bonvale Plaza but this is not being developed, Chairman Ryder asked if Bonvale had withdrawn their plans and Mr. Annunziato replied negatively, but they will expire. Mr. Arena referred to different plans being submitted for this area and asked what would happen if Bonvale does not go down and Mr. Annunziato replied that it is his understanding the principals have taken back their money. He noted Mr. Lassiter was present in the audience andaasked if he could give definitive information. Mr. W. G. Lassiter, owner of the property, appeared before the Board and advised in regards to Bonvale, they have dropped out, gotten their money back and the contract is void. He then ex- plained that the same location was kept for the 70 ft. entrance drive off Congress Avenue. The site where the bank is planned was never part of Bonvale but is an out parcel. Mr. Arena referred to the physical entrance to this property from Congress Avenue andMMr. Lassiter explained that the 70 ft. drive would be used leading to the area for future expansion of the sh~pping center. Mr. Annunziato pointed out there would be an ~entrance on Congress Avenue on the south side of the property. Mr. Winter referred to there being a problem with southbound traffic entering from Congress Avenue and Mr. Annunziato agreed there was previously and stated it would have to be approved by the County Engineer and a permit must be secured from the County. Mr. Annunziato then explained the plans to include drive-in teller windows and office and pointed out the entrances and a 30 ft. easement shown connecting the shopping center. He also reviewed the layout of the site and pointed out that 27 parking spaces have been provided with 5 for em~oyees. A landscape plan has been provided and will be reviewed by the Community Appearance Board for recommendation to the City Council. He then referred to the last page of the plans and explained there was a problem with the availability of sewer and water and it is requested the bank tie in with the private systems serving the Ranch House. The staff had concern about this as it would be impossible to meter the flow of the water and impossible to provide fire protection. The staff has no objection regarding the sanitary sewer if it can be worked out to tie into the pri- vate sewer line. Mr. Annunziato then read the staff comments. The Building Department has made notations on the check list. The basic zoning criteria is okay. The directional sign is too large as only 144 square inches is allowed. The finished f!ooreeleva- tion should be 12 feet. Signs have to be provided for the handicapped and ramps and bathroom facilities must meet the handicap code. The turnouts are the responsibility of the County Engineer. Mr. Winter questioned the limitof the direc- tional sign being one square foot and Mr. Annunziato replied that this is according to the code. -8- MINUTES - PLANNING $ ZONING BOARD NOVEMBER 14, 1978 Mr. Annunziato continued that the Fire Department requires the water main to be extended and fire hydrants provided for water protection. There is no fire protection on the site. It would be the responsibility of the developers that fire protection be provided at the developer's expense. Mr. Annunziato stated the Engineering Department has requested 10 feet ~f.'right-of-way be dedicated on Congress Avenue to bring the road into a full 120 ft. section. The pavement for the park- ing lots is to be 6'T crushed rock and 1~t asphalt minimum. Runoff must be provided for the west parking lot. Turnouts to be ap- proved by the County. The Utility Director has noted that water cannot be taken off the existing line feeding into Ranch House. Ail sewage to be private plumbing and maintenance. The Police Department has noted that there be a stop sign and no left turn at the exit on Congress Avenue and a stop sign at the exit on Ocean Avenue. Mr. Arena questioned where the stop sign should be on Ocean Avenue and Mr. Annunziato replied where this 30 ft. easement would intersect. Mr. Arena referred to there being no traffic and Mr. Annunziato clarified that it would be required when it is developed. Mr. Annunziato stated that the recommendation is the plan be approved subject to the comments. Mr. Winter referred to the size of the sign being small and not seeming logical and Mr. Annunziato informed him that if it is not correct, the ordinance will govern. Mr. Herbert Gibson, attorney representing Florida National Bank, appeared before the Board and introduced Mr. Bill Jordan, Vice President of Florida National Banks in charge of construction of all bramches. He understands the job of this Board being an advisory Board to the Council since he is Chairman of the Plan- ning & Zoning Board of West Palm Beach. They intend to comply with all reasonable requirements. Many of the comments made by the staff are things they can accommodate into the entire pro- cess and hopefully they can arrive at a site plan meeting the needs and get off to a good start. Mr. Gibson stated he would like to answer some of the questions indicated in the comments so their status will be understood. As part of the agreement with the sellors, it is included that they will provide an acceptable easement agreement for the 70 ft. easement appearing on the plans and they will provide the 30 ft. easement to Ocean Drive. The Ocean Drive easement is temporary in nature. The projection for this property is to be a shopping center site and the plans for the overall develop- ment may require the relocation of this easement. TemPorarily it will give them the ability to have a road for customers to come off West Ocean Drive. There has been a slight modification to the plan at the request of the developer. He distributed copies of the revised plan and discussion followedd -9- MINUTES - PLANNING $ ZONING BOARD NOVEMBER 14, t9Y8 Mr. Annunziato clarified that two minor additions were shown on the revised plan and explained the entrance onto Congress Avenue. He advised that Palm Beach County would have to approve this. Discussion followed and it was agreed the comments noted would cover this with approval being required from Palm Beach County. Mr. Gibson then pointed out that the 30 ft. easement would now run parallel to Congress Avenue coming along the east end of the parcel. Mr. Annunziato commented that this was an improvement. Mr. Gibson stated theyare willing to cooperate in bringing_ water in a manner which will be acceptable. However, in regards to a fire hydrant, he would like to know the location. A fire hydrant would serve everybody along there and they would be willing to pay their share of the cost and attempt to insure it will come in along with their other improvements. Mr. Annunziato informed him the engineers would have to work out the location in connec- tionwith the City Engineer, Utility Director and Fire Marshall. As far as funding of the fire hydrant, he does not think the City is involved. Our responsibility is to protect the public by making sure there is fire protection. Mr. Gibson clarified that they were not opposed to having that protection, but are concerned with paying their equitable share which can be worked out. Mr. Gibson stated they were also concerned about the 10 ft. right-of-way to be donated on Congress Avenue. He does not think this is a legal condition. He thinks it is taking of property without the condemnation process. They are willing not to build there: but don~t think it is fair for the City government to require them to donate the right-of-way in order to get their building permit. This is supported by Florida law. It is not legal to impose this requirement. Chairman Ryder ex- plained that the final decision would have to be made by the City Council. Mr. Annunziato explained how with the revised entrance, additional turning lanes may be required on Congress Avenue plus sidewalks are Required by ordinance. Chairman Ryder added that the County would like to have uniform right-of-way and Mr. Gibson replied that the County has the ability to pay for it. Chairman Ryder crated that the decision would have to be made by the Council. Mr. Gibson referred to the sign noted and stated he did not think a directional sign that small would be sufficient. If there is an ordinance requiring this, he thinks it needs some attention. He thinks somebody in the Building Department did not focus on the right requirements. Mr. Annunziato informed him that the requirements of the ordinance must be met. Mr. Arena referred to the traffic flow on the site and further discussionabout this followed. -10- MINUTES- PLANNING $ ZONING BOARD NOVEMBER 14, 1978 Mrs. Huckle asked if a left turn would be allowed from the south- bound lane of Congress Avenue and Mr. Annunziato replied that he did not see how it could be avoided unless a median was put in~ but this must be approved by the County. Mrs. Huckle referred to a stacking lane and Mr. Annunziato replied this would be a consid- eration for northbound and southbound. Further discussion followed about the traffic flow and congestion entering the shopping centers. Mr. Winter made a motion that the Planning & Zoning Board recommend to the City Council site plan approval for Florida National. Bank on their proposed application subject to all of the staff comments including the 30 ft. straight line right-of-way to the rear of the property. Mrs. Huckle seconded the motion and the motion carried 5-0. ADJOURNMENT Mr. Arena made a motion to adjourn, seconded by Mrs. Huckle. Motion carried 5-0 and the meeting was properly adjourned at 9:15 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Two Tapes)