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Minutes 07-11-78MINUTES OF THE REGULAR MEETING OF THE PLANNING $ ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 11, 1978 AT 7:30 P.M. PRESENT Simon Ryder, Chairman Col. Walter M. Trauger, Vice Chairman Ronald Arena Mrs. Marilyn Huckle John Jameson Garry Winter Carmen Annunziato, City Planner ABSENT Richard Lambert (Excused) Chairman Ryder welcomed everyone and called the meeting to order at 7:35 P. M. He introduced the members of the Board, City Planner and Recording Secretary. He acknowledged the presence of Mayor Emily M. Jackson in the audience. MINUTES OF THE LOCAL PLANNING AGENCY MEETING OF JUNE 27, 1978 Chairman Ryder'referred to Mrs. Kruse doing an outstanding job in the preparation of the minutes and stated that the description of the presentation made by the consultants is very comprehensive and will be a good guide. He announced that a workshop meeting would be held by the Local Planning Agency on July 19 at 3:00 P. M. fol- lowed by a Citizens Workshop Hearing on July 26 at 7:00 P. M. Mr. Winter moved to accept the minutes as presented, seconded by Mr. Arena. Motion carried 3-0 with Mrs. Huckle, Col. Trauger and Mr. Jameson abstaining. MINUTES OF THE REGULARMEETING OF THE PLANNING & ZONING BOARD OF JUNE 27, 1978 Mr. Winter moved to accept the minutes of June 27, seconded by Mr. Arena. Motion carried 3-0 with Mrs. Huckle, Col. Trauger, and Mr. Jameson abstaining. ANNOUNCEMENTS AND COMMUNICATIONS Chairman Ryder announced that he received a letter from the Boynton Beach Chamber of Commerce which relates to the rezoning matter and will be read during that part of the agenda. OLD BUSINESS Site PlantApproval Applicant: Village Royale on the Green, Inc. (Irving Gross) Location: 2600 N.E. !st Court Legal Description: Acreage Project Description: 2 Story Recreation Building MINUTES PLANNING & ZONING BOARD PAGE TWO JULY tl, 1978 Chairman Ryder asked if there were any new developments and Mr. Annunziato replied that there were none and stated with the Board's approval, he would like to have the ability to take this off the agenda and scratch it from the agenda and notify the applicant. Col. Trauger moved that the item of the Village Royale on the Green site plan approval be memoved from the agenda, seconded by Mrs. Huckle. Motion carried 6-0. Continuation of Public Hearings Rezoning Request Applicant: Charles L. & Linda L. Leemon, III Location: 470 N. W. 2nd Avenue Legal Description: Lots 6 thru 10 inclusive, Block 71; Lots 5, 6, 7, less 1-95 right-of-way, Block 72; Lots !, 2, 3, 31, 32, less 1-95 right-of, way, and Lots 33, 34, 55, 36, Block 73; Beverly Hills Addition No. S ALSO South t30' of Parcel B, more particularly described as: Commencing at a point 334' West of the Northeast corner of that tract of land described as the North half of Lot 5, of the subdivi- sion of the West half of Section 28, Township 45 South, Range 43 East, running thence east 50'; thence South 330'; thence West 50'; thence North 330'; to the point of begin- ning, less road rights-of-way. Use: Construction of Holiday Inn Type Motel Request: Rezone from R-iA to C-3 Applicant: Charles L. & Linda L. Leemah, III Location: 470 N. W. 2nd Avenue Legal Description: Lots 1 thru 5 inclusive, less road right- of-way, Block 71, Beverly Hills Addition No. 3 and Parcel A: Commencing 244T West of the Northeast corner of the North half of Lot 5, thence running South 165T, thence West 50', thence North 165', thence East 50' to point of beginning, of the subdivision of the West half of Section 28, Township 45 South, Range 43 East, less road rights-of- way. AND Parcel B as described above less the South 130' ALSO the West 110' of the East 244~ of the North half of Lot 5, Section 28, Township 45 South, Range 43 East, less road rights-of-way. Use: Construction of Holiday Inn Type Motel Request: Rezone from C-2 to C-3 Abandonment Request Applicant: Charles L. & Linda L. Leemon, III Legal Description: Abandonment of that portion of N.W. 4th Street lying between Blocks 71 and 73, Beverly Hills Addi- tion No. 3, bound on the South by N.W. 1st Ave. and on the NOrth by the Iwgg' exit~ramp to N.W. 2nd Avenue AND Aban- donment of that portion of N.W..~st Avenue lying between Lots 5, 6, 7, Block 72, and Lots 31 and 32, Block 73, Beverly Hills Addition No. 3, less 1-95 right-of-way. MINUTES PLANNING $ ZONING BOARD PAGE THREE JULY 11, 1978 Project Description: Request for Abandonment of N.W. 4th St. between SR-804 and N.W. 1st Ave. AND portions of N.W. 1st Ave. lying West of N.W. 4th Street Chairman Ryder referred to this being a continuation of the public hearing held at-the last meeting on June 27 and stated at that time, we heard the applicant address this Board with regard to the rezoning request. This is the property at the southeast corner of the inter- section of 1-95 and N.W. 2nd Avenue opposite Galaxy School. South of the frontage going towards N.W. 1st Avenue, the applicant has requested rezoning to C-3. The applicant has requested rezoning of a piece on N.W. 1st Avenue from 4th Street going~to 1-95 to be re- zoned from R-IA to C-3. Those present at the last meeting are aware of the fact because of the absence of three members and one member present indicating he would abstain, it was deemed advisable to defer any action. The applicant and people in opposition were heard at the previous meeting, but the Board is prepared at this time to hear them again so those members not present will have the opportunity to be brought up to date even thoughdovered in the minutes. Also in- volved i~ theaa~andoning of a portion of N.W. 4th Street and a portion of N.W. 1st Avenue. At this time, the Board would like to hear from the applicant or representative. Mr. Chuck Leemon appeared before the Board and advised that he is a Holiday Inn 6perator and owner. In 1976, he appeared before this body and presented a similar suggestionsfor this area to be approved for a Holiday Inn, but did not own all the property shown now. He took the comments and suggestions from the Board to his architect and talked to engineers and they decided to revise the plans so there would be little or no traffic on any other street other than 2nd Avenue. He acquired three additional parcels and houses to eliiminate the tra£fic on the side streets and have the entrance on 2nd Avenue. This property will have access to 804 at the exit of 1-95. Several other changes were made and the architect and engi- neers spent time in Boynton Beach so the building would fit into the town itself. They have designed something like a Spanish man- sion and not the usual Holiday Inn. In the operat~nof a Holiday Inn, there are high standards, not only in style and cleanliness but the highest moral standards. They would like to be here in Boynton Beach and think it would be an asset to the town. Ir'will put Boynton Beach on the map. There are 1,800 other Holiday Inns and he thinks Boynton Beach deserves a f~st class facility here. Mr. Annunziato asked if any access to 1st Avenue was anticipated and Mr. Leemon replied that with the revision, access to 1st Avenue would be unnecessary as far as the business operation is concerned. Chairman Ryder asked if access on ~nd Avenue was approved by. the D.O.T. and Mr. Leemon replied that his engineers have talked to the D.O.T. and they have no objection. Chairman Ryder referred to there being a sight problem with coming off the curve and Mr. Leemon replied that with the fence extension, there is a deacceleration lane with time to turn off. They D.O.T. did not express any Opposi- tion but wereiin agreement. MINUTES PLANNING & ZONING BOARD PAGE FOUR JULY 1!, 1978 Chairman Ryder referred to utilities being located along N.W. 4th Street-and N.W. 1st Avenue and stated that building would not be allowed over these areas. He asked if the piece south of 1st Ave. was still included and Mr. Leemon replied that in reference to the utilities, they are aware of them and his engineers have met with the City engineems to determine whatever is necessary. Chairman Ryder referred to the portion on 1st Avenue being for additional parking and Mr. Leemon replied that after the discussions at the last meeting, he met~with his architect and this area will be for employees~ parking only with a large buffer area and there will be no activity on 4th Street. Chairman Ryder clarified that the other residential lots would be immediately adjacent to the C-3 category. Mr. Jameson referred to the minutes from the previous meeting and stated that one of the members of the Board addressed the question about the meaning of a Holiday Inn "typeT' model and the reply at thattime was that applicationwith Holiday Inn has been accepted and verbally approved~ but 'the written franchise had not been re- ceived. It is further stated that this motel may be a Ramada Inn or chain type motel. Has there been any change in this matter? Mr. Leemon informed him that Holiday Inn cashed the $20,000 check he submitted and to him that means they are interested. It is just a matter of going through the process. Mrs. Huckle questioned where the front of the building would be and Mr. Leemon replied that it would face the east and showed a render- ing and plan. Chairman Ryder stated that if rezoned, any permissive use in the C-3 zone would be allowed. Mr. Jameson added that it could be a four story building and Chairman Ryder replied that four sto~es were con- templated at this time. Mr. Don Lambert showed a picture of the proposed motel to the audience. Col. Trauger asked if there would only be one sign and Mr. Leemon replied there would be the one sign shown and possibly a script sign adjacent to the highway. Chairman Ryder then read a letter dated July 10 from the Greater Boynton Beach Chamber of Commerce concerning the need in general of meeting~ooms and banquet facilities in Boynton Beach. Boynton Beach has a definite need for an accommodation facility with ampt~ meeting rooms and the capability to hold large banquets. Currently groups have a difficult time finding suitable meeting places and ban- quet-rooms for over 200 people. It is felt an affiliation with a facility with a national name would be an assettto the community. Chairman Ryder then asked if there was anybody else wishing tosspeak in support of this application and the following appeared before the Board. MINUTES PLANNING & ZONING BOARD PAGE FIVE J~LY 11, 1978 Mr. Ray~.~Zompa appeared before the Board and advised that he is a real estate broker in Boynton Beach and owns three lots on this block. Two lots are building lots and would be directly in back of this Holiday Inn. He is in agreement with the letter from the Chamber of Commerce. Any time an organization has a banquet, they must go out of town to find the facilities. This is needed in Boynton Beach. If he were to lose these two lots, he would still be in favor of this Holiday Inn or something like it. He did not attend the previ- ous meeting because he thought-people in Boynton Beach, the way we are growing, would like to see a Holiday Inn. When travelling and looking fo~ a place to stay, he will ride further to stay at a Holi- day Inn. He has owned these lots since 1970 and will not be hurt by this. He owns Lots 8 and 9 on the north side of 1st Avenue and pointed out their .location on the map. Mr. Arena asked what he intended to build on these lots and Mr. Zompa replied that he intends to build homes on these lots. This will notaffect the homes as there will be a ~uffer zone. Something like this is needed badly in this City. He has been in Boynton Beach for 35 years. Every time something good comes up, some way or somehow they get beaten down. If this man needs ground, he will give him his lots free of charge. Mr. Ben Lackow, operator of the Texaco Gas Station at 433 N. W. 2nd Avenue, appeared before the Board. He has been the operator of this gas station for two years and gets quite a number of people off 1-95. They always ask where is there a good motel and some place to stay. He usually sends them to West Palm Beach. Having an investment, he feels this would be an asset to the community and himself to have something like this in the neighborhood. Mr. Arena asked if he was a resident of this area or in business there and Mr. Lackow clari- fied that he is a resident of Delray Beach, but owns the business ~there. Mr. Serge Pizzi, 1061 Coral Drive, appeared before the Board and stated that he wanted to speak in favor of the applicant. He sold some real estate to Mr. Leemon which will be incorporated into this pmoject. Even though their business has been concluded, he felt compelled to speak in favor of this application. Mr. Leemon has an excellent reputation in operating facilities of this nature. Both Mr. Leemon and the motel will be an asset in Boynton Beach. 2nd Avenue is an important thoroughfare through the City. We felt slighted when the turnpike did not provide an interchange for Boynton Beach, but now we have an interchange from 1-95 at 2nd Avenue. This is not the nicest approach and many houses should be torn down. Holiday Inn would be a good improvement. This City can use several large motels and their facilities to attract people and even for our sports complex. If we don~t have the facilities when asked for, we are bound to lose good prospects. Holiday Inn is a welcome sign to people. We do not have decentlarge banquet facilities in Boynton Beach. We should do it now. This will create a healthy economy for the City i~ogeneral. MINUTES PLANNING & ZONING BOARD PAGE SIX' JULY 11, 1978 Chairman Ryder ascertained there were no further speakers desiring to speak in favor and then the following speakers in opposition ap- pe~ed before the Board. Mr. Thomas J. Woolley, Jr., 917 Sunset Road, appeared before the Board on behalf of the residents. If he can receive assurance from the members not present previously that th~ actually read the min- utes, he will avoid repeating. The members replied affirmatively. Mr. Woolley continued that one thing that everyone is missing is there is not a%question that Boynton Beach needs a first class faci- lity. He likes tennis, but does not want a tennis court next to his house. There are areas in our town, one at-the end of 2nd Avenue where thebridge is planned and one on 15th Avenue by 1-95, bothwhich are properly zoned. These areas were shown on the overall general plan because they are downtown and at anI-95 interchange where there is no pmoblems of people living close by. This appli- cation would change a residential area where people live. This will not be a problem on east 2nd Avenue or 15th Avenue and there is plenty of room at these locations. Also, Southern Bell has their main lines in this location. The petitioner has taken the approach that they are doing the City a big favor, but want to go on t~ir p~operty rather than where is it properly zoned. He be- lives the appli!cant cannot build on the roads if abandoned. There was mention ~hat D.O.T. have no problems, but they do have a lot of problems and this must be approved by them. Palm Beach County traffic will be a problem. He checked and no petition was filed with the county and there is the possibility that no left turn will be allowed at this location. He thinks thesethings should be con- sidered with regard to rezoning to C-3. If C-3 is given and the Holiday Inn does not come, it could go down to Ramada Inn or Days Inn. Also, four stories would be allowed ahd the people would be stuck with that. Boynton Beach does need such a facility, but we have proper zoning for it on tbth or 2nd Avenues. It will be better to have it by the bridge being close to the beach and access to Route 1. The people purchased the property by the new h~r~idge with the same idea as Mr. Lee~n to build a first class facility. However, the people looked at the master plan and bought the land properly zoned. There are plans for a 100 room Holiday inn on that property. Mr. Leemon bought the property knowing what it was zoned and hopedtthe City would rezone it. There are other areas where they can build and which are properly zoned. He does not think this applicant has done enough in .proving they have done enough. They want an exception, but there are already two loca- tions zoned properly. Col. Trauger stated that in reading the minutes, he did not find who Mr. Woolley was representing and Mr. Woolley informed him that he was originally contacted by Mr. John Midgette and Mr. Lou Samyn to represent the people along N. W. 1st Avenue and Ocean Avenue. He is also representing Mr. Arnold Stroshein who bought the proper~ty zoned proper~y with plans to build a Holiday Inn. Col. Trauger questioned the progress at this site and Mr. Woolley replied that Mr. Stroshein would address this when he speaks. He emphasized that Mr. Leemon still does nothave the .zoning and Holiday Inn has not approved his MINUTES PLANNING & ZONING BOARD PAGE SEVEN JULY 11, 1978 application. Evemyone keeps hearing about the downtown area and we should keep the downtown area and have the Holiday Inn by the bmidge close to the beach. The zoD/ng shouldn't be changed because somebody has the land. It is good land and can be used. Mm. John Midgette, 460 West Ocean Avenue, appeared before the Board. He first stated that he has nothing against Mr. Leemon and noddoubt he operates a good clean motel business. The thing he would like to emphasize very strongly is the fact that on N.W. 1st Avenue, there are nice homes. People have bought retirement homes and it is re- quested to be changed to C-3 and any type of business could be put there. Would anyone like to have something like this in the front of their house? The people are present tonight to protect this from happening. A couple have spoken in favor of a motel and hells in favor also, but thinks this is the poorest spot. He then told aboutMr. Leemon turning over a house to young people for a party and how it ~disrupted the neighborhood. This is a metirement village and this area is not the proper place for a motel. He could secure 1,000 signatures of people in Leisumeville and around wanting to see a motel, but not at-that location. Mrs. Huckle referred to the area presently being zoned C-2 along 2nd Avenue just one lot depth away from N. W. 1st Avenue and questioned hit feelings about this and Mr. Midgette replied what akind of busi- ness could be built on 2nd Avenue with considering the parking quired? Mrs. Huckle informed him there are quite a few commercial uses listed under C-2 which would be allowed and Mr. Midgettere- plied that he would like 1st Avenue to stay R-iA. Mrs. Huckle stated that-she understood this, but was wondering if he had some feeling about the commercial presently zoned on 2nd Avenue. Mr. Midgette repli~ed that he had not checked into that and was just considering having a four story building facing him in the C-3 zone. Mm. Lou Samyn, 151 S. W. 25th Avenue, appeared before the Board and advised that he is a builder and has built in Boynton Beach for 20 years. He is building houses on N. W. 1st Avenue where it is zoned R-lA. He served on the Planning & Zoning Board and remembers how spot zoning was put in. They had no master plan then and wished they had so they could have eliminated spot zoning. Finally in 1975, a master plan was developed, but now we are going back to spot zon- ing. If the Board approves something like this, they may as well take the mastem plan and throw it out the window as that is all it would be good for. Chairman Ryder referred to a new home being built on the south side of tst Avenue and Mr. Samyn explained that this home was just being completed. He added that there are three more 60 ft. lots in the~e which he intends to build on immediately. It is zoned R-IA and should be. MINUTES PLANNING $ ZONING BOARD PAGE EIGHT JULY 11, 1978 Mr. Arnold Stroshein, 710 N. E. 7th Street, appeared before the Board and stated that he said everything two weeks ago, but would like to add when he acquired the site he has, it was the only parcel zoned for a motel in Boynton Beach. It was zoned C-4. No other sites were available then, but since then 15th Avenue was rezoned. He bought with the intent to build a motel complex. He has lived here most ~f his life. He has a site plan which has met Mr. Annunziatots basic approvals and is about ready to start construction. He is not interested in having a foot race to have a Holiday Inn. The repre- sentative from Holiday Inn viewed the three parcels in the City and advised him to send in his $20,000 also. He has been contacted by other people with '.smaller chains and could put one of them on this property. He feels when the time is right and Holiday Inn wants to go then we would get it. He then showed the members the site plan for his motel. Col. Trauger questioned his meaning of having a foot race and Mr. Stroshein explained how there could be two Holiday Inns in Boynton Beach, but he does not think this is good planning. He thinks we would be jumping over the fence if we constDucted two 100 room motels. We do need such a facility, but the location is the ques- tion. He thought the City needed one and bought the property pro- perly zoned for it. With building two motels at the interchanges of 1-95, it would not do anything for the downtown area. Not 'much has happened in downtown for the last 20~ars and it is needed, but he has not been able to do it until now. However, he will not have a foot'race for a chain motel. Holiday Inn would have taken the $20,000 from each of them. Mr. Leemon works for Holiday Innand knows the chairman, but he is an outsider and will hire proper management and do the best he can. Chairman Ryder referred to the location of his proposed motel and Mr. Stroshein.informed him that it is Lot 26 just east of Route 1. Also~ this property was considered for a sewage treatment plant by the City, but it was decided to put it on the parcel adjacent to his. Chairman Ryder stated that this would be on the approach to the new bridge and Mr. Stroshein replied that it would not and ex- plained that it would be directly west and approximately 200 feet before the approach. Ms. Mildred Cooner, 429 West Ocean Avenue, appeared before the Board and advised that she grew up in Boynton Beach, left after marriage and then returned to live in a nice neighborhood. She has grand- childrenwho visit her periodically and does not feel it is sage for them to be in a neighborhood where there is business, especially traffic. There are a lot ofe~lderly people living in this area. However, they are passing on and younger families are bu~ing in this area because it is a dead end street and safe for their children. MINUTES PLANNING $ ZONING BOARD PAGE NINE JULY 11, 1978 Mr. Earle Waters appeared before the Board and advised that he owns two lots on N. W. 1st Avenue. He spoke at the last meeting and would like to add that he has been a plugger for Boynton Beach. A motel is needed here, but not in this location. It is not as if this is the last chance to get a motel in Boynton Beach. This is only the first one and he thinks we will get a lot of better offers later on. It looks like the little people versus the big money and he is the little people and they were here first. Chairman Ryder ascertained that no other people desired to speak and opened the matter for discussion to the members of the Board. Mr. Winter made a motion that the rezoning request for Charles L. and Linda L. Leemon to rezone from R-iA to C-3 be denied. Mr. Arena seconded the motion. Under discussion, Mr. Winter stated that he has to agree with everybody else as it is properly zoned on Woo!bright Road and this is an ideal location for a motel. Also, he cannot agree to rezoning residential to commercial. Mr. Arena stated that he thinks we must take into consideration that we have a situation and what we would be doing is exactly what the residents and attorney said: we are taking an area in town and would be creating a site to accommodate a motel. There is a lot in- volved as far as traffic flow, safety, traffic congestion, increase of traffic in that school area, etc. He thinks the situation is too involved, also with the utilities and easements. Although taking separately, we must look at the overall basis. No matter what is said now and they can show us pictures, etc., but it is not guaran- teed. Col. Trauger referred to the~vork and time spent in developing the master plan and admitted that in the case 1-95, some changes were required. However, with the current zoning and areas available, he does not think the necessity is evident right now to cave in the R-lA zoning to commercial zoning. Mrs. Huckle stated that her feelings were similar since being on the Board for five years and being meticulous in making the zoning in 1975. They want to protect the sanctity of residential areas and want people to plan that areas would not be disturbed. They tried to allocate areas which would not disturb residential zones. She feels commercial zoning should not be given to an existing residen- tial area. Chairman Ryder clarified that apparently nobody here is opposed to the hotel coming to Boynton Beach and the need is realized, but the question is the location. Is it going to go where proper zoning is providedoor go where the property owner wishes? As Mrs. Huckle mentioned, the current plan with C-2 fror~ge on 2nd Avenue apparently seems to be working. Most of us have been up and down the streets here and the zones compl~tment each other. There are private homes in ~ack of the C-2 zone and new homes are being built. It is one thing to rezone an area that is totally undeveloped which was done MINUTES PLANNING & ZONING BOARD PAGE TEN JULY tl, 1978 recently at !Sth Avenue and 1-95, but it is another thing to rezone an area developed according to the preconceived pattern and plan. We must provide some stability in zoning and not change from time to time. We must assure the people moving into the area that the area will develop according to plan and not according to the whim of some people. He feels this is not the area for a motel. Col. Trauger stated that 1-95 will still have t.memendous impacts on the area for the next three to four years. When the present zoning was developed~ consid(.~ration was given to th-e downtown area and the new bridge. The City does need a greater hotel and meeting room facility, but he does not wish to .dave in on R-lA because it is developing with new homes being built. He does not think it ~would be fair to the residents. Mrs. Huckle added that-recently a plan was approved for the Vintage Restaurant which will have banquet facilities and Mr. Winter added that 'they plan to accommodate 600 people. Mr. Arena stated that one point made by one of the speakers is this is the first ~opportunity at a motel and quite possibl~ will not be the last. He does not feel this is the proper site. We have the need~ but the site is not proper. Mrs. Huckle referred to Mr. Stroshein making a good point and stated that-many motels are right at the interchanges and having a motel at the bridge location, people will come ~urther into the City. Mr. Jameson referred to motels being at every intersection along 1-95 and stated he didn't think the transient moving with his family or alone was at all interested seeing businesses a mile or two away. The traveller is looking for a modern hotel/motel to stop in with a good restaurant. The City has only two entrances to 1-95 and they will open up Boynton Beach more so than any other location. He does not see the advantage of a motel behind Kwik-Chek. How will the traveller even know there is a motel there? The motels at the interchanges are what attractsthe travellers' eye and that aspect should be considered. Mr. Winter referred to signs adver- tising the motel being placed miles ahead along the highway and Mr. Jameson replied that for the most part, the motels can be seen from the highway. Mr. Arena stated that Mr. Jameson's comment was well taken, but he thinks we must be interested in creating a situation where we are not that accommodating to the transient type. The re- sult of this would be people pu~ing off 1-95 for a room and some- thing to eat and early the next day, they are on their way. He thinks we should be concerned with the general business community of the City. The only way to help the general business community is to get people to come into the town and come to where there are stores and giving them the possibility to spend some of their tour- ist dollars. The important pointis by rezoning this site, there is no guarantee we will see a motel there. The other sites are already zoned for motels. He does not see where we should as a MINUTES PLANNING & ZONING BOARD PAGE ELEVEN JULY 11, 1978 City create a new site for a motel because we cannot guarantee it will be a motel. If we could say to build the motel and then we will resone, it may be different. What this would do is infringe into a residential neighborhood with no way of guaranteeing the people what the infringement'will be. Col. Trauger explained how the zoning was given in the area of the new bridge as an attempt to upgrade the area. Mr. Jameson explained how in all probability the property along 2nd Avenue would be entirely different in 20 years. Mr. Arena replied thatthe present development does not lend i~sel£ to that idea because single family homes are being built. As requested, Mrs. Kruse then took a roll call vote on the motion as follows: Mr. Arena - Yes Mrs. Huckle - Yes Mr. Winter - Yes Mr. Jameson - No Col. Trauger - Yes Mr. Ryder - Yes Motion carried 5-1. Mr. Winterthen made a motion that 'the request for rezoning from C-2 to C-3 submitted by Charles L. and Linda L. Leemon,~ legal, descrip- tion as printed, be denied. Mrs. Huckle se~nded the motion. No discussion. As requested, Mrs. Kruse took a moll call vote on the motion as follows: Mr. Arena - Yes Mrs. Huckle - Yes Mr. Winter - Yes Mr. Jameson - No Col. Trauger - Yes Mr. Ryder - Yes Motion carried Mr. Winter made a motion that the abandonment request of Charles L. and Linda L. Leemon for a portion of lst'Avenue and 4th Street be denied, seconded by Mr. Arena. No discussion. Motion carried 6-0. At-this time, Chairman Ryder declared a five minute recess. called the meeting back to order at 9:00 P. M. He NEW BUSINESS Public Hearings MINUTES PLANNING & ZONING BOARD PAGE TWELVE JULY 11, 1978 Annexation & Planned Unit Development Zoning Applicant: Summit Associates, Ltd., (John Planigan, Agent) Legal Description: The northeast quarter (NE%) of the north- west quarter (NW%) of the northeast quarter (NE%) of Section 1, Township 46 South, Range 42 East, less and except the north 40 feet thereof. Project:Name: The Golf and Racquet Club Chairman Ryder requested input from the City Planner. Mr. Annunziato explained the location of the site and advised that Charter World has been purchased by Summit Associates, Ltd. This developer was in- volved with Boca Lago and the plans are to develop this area similar to Boca Lago. The public hearings on this property are scheduled for the July 25 meeting. The plan for the PUD is 54 holes of golf and 4,000 units, which is a reduction from Charter World. This tract submitted for annexation represents an out parcel owned by the deve- loper. It is their intent to have it annexed and zoned according to the future plans. The staff has reviewed this application for impact on their individual departments. Most of the staff members answered the department ~review form by-indicating no additional impact as a result of this annexation. Mr. Tom Clark noted that subject tract i§ within the reserve annexation area and should be annexed. Col. Trauger questioned the size of this parcel and Mr. Annunziato informed him that it is approximately tenacres. He added that this will bring into unified governmentcontrol all lands owned by Summit Associates. The staff recommendation is to approve noting no negative impacts and the land be zoned PUD upon annexation. Mr. Cole Fitzgerald of the firm of Mgyle, Gentry, Jones, Flanigan $ Groner of West Palm Beach, appeared before the Board and advised that he was present on behalf of Mr. John Planigan representing Summit Associates, Ltd. He believe Mr. Annunziato has covered everything and he WOuld be glad to answer any questions. Mrs. Huckte referred to this piece being exempt from Charter World and questioned what was originally proposed and Mr. Fitzgerald plied that he did not know. Mr. Annunziato stated that in reading the co'urt-order, possibly this was the piece to be optionedw Col. Trauger asked if this would be single family 4wellings and Mr. Annunziato informed him that this tract has already been incorporated into the PUD application master plan. This will be multi-family or golf course. Mr. Fitzgerald added that he believed this location would be the 18th fairway on the north course. Mr. Annunziato clari- fied that the plans submitted have included this parcel. Mrs. Huckle referred to the court order covering this property and Mr. Annunziato informed her that this may have been incorporated by some manner into the court order, but the entire plan which will be pre- Sented at the meeting of July 25 will address the court order. The plan as presented meets or exceeds the court order provisions. The attorneys are very much aware of the court-order. MINUTES PLANNING & ZONING BOARD PAGE THIRTEEN JULY 11, 1978 Mr. Arena referred to annexation requests having to meet county re- quirements and Mr. Annunziato clarified that the question is whether the requestrepresents a conflict in the County Land Use Plan and the answer is no. The plan allows three units per acre and five ur~ts in a PUD. The gross density for this entire plan is fewer than five in the PUD format. Chairman Ryder ascertained that nobody else desired to speak either in opposition or approval. Mr. Arena made a motion that the Planning g Zoning Board recommend approval of the annexation and PUD planned unit development zoning as requested by Summit Associates, Ltd., to the City Council. Mr. Winter seconded the motion and the motion carried 6-0. Abandonment Applicant: Town & Country'Squire of North Miami, Inc. (Ronald Mastriana, Agent) Legal Description: North 2.5 feet of Lots 21,22,23,24, and 257 Block 54-A, less the West 6 feet of the North 2.5 feet of said Lot 21, together with that Public Utility Easement being the South 2.5 feet of Lots 2,3,4,5, and 6, Block 54-A, less the West 6 feet of the South 2.5 feet 'of said Lot 6, all in Plat of Lake Boynton EStates Plat 4-A Project Description: Abandonment of the Public Utility Ease- ment in Lake Boynton Estates, Plat 4-A Chairman Ryder announced that this represents an assembly of a number of 'lots encumbered with easements. The request is to abandon the easement areas so the proposed project can be constructed. We have been informed that the public utilities companies and the City agree provided other arrangements are made for relocating and maintaining the present utilities. He then requested input from Mr. Annunziato. Mr. Annunziato referred to the page of the plat and pointed out that ~handonment of this easement is necessary for construction of the site plan to follow. It is a 5 ft. easement centering east and west on Block 54-A and currently in this easement, there is power, telephone7 and a 2" water line. This was brought to light in the early development of this site and the applicant has endeavored to work with the utility companies. Concerning the phone and electric, the applicant has assumed the responsibility for relocating those lines out of the easement. Concerning water, there is a 12" water main in 2nd Avenue which will be tapped and an easement dedicated on the west side of the property and a 2" line brought down and recon- nected to establish service. He then read the attached memo dated July 10, 19787 from Mr. Tom Clark. He added that construction of the water lines will be based on plans approved and payment by the owner. He explained how it was just a matter of swapping. The staff recommendation is the easement be abandoned subject to the recording of the additional easement and applicant assuming respon- sibility for relocation of all affected utilities. MINUTES PLANNING $ ZONING BOARD PAGE FOURTEEN JULY 11, 1978 Mm. Ronald Mastriana appeared before the Board and advised that he is an attorney and has a power of attorney for the applicant, Town & Country Squire of North Miami, Inc. Their plans are to construct a ~uneral home on this property in compliance with the zoning, but can- not build anything on the property uDless the easement is abandoned. They have agreed to foot the entire cost for the relocation of the utilities. They have talked to neighbors on the two lots and there are no objections as long as their utilities are not interupted and they will not have to pay additional cost. Chairman Ryder clarified that this would be done to the satisfaction of the private and public utilities and Mr. Mastriana replied affirmatively .and also, all drainage will be retained on their property so there is not runoff onto the adjoining lots. Chairman Ryder asked if anyone desired to speak either for or against this application and received no response. Col. Trauger questioned the location of this property and Mr. Mastriana informed him that it was just 'west 'of the 7-11. Mrs. Huckle asked if they owned the little piece to the south and Mr. Mastriana replied that they did not own this, but own everything else. There is a larger Spanish hous% left on that property and those people desire to stay. Chairman Ryder commented that this can only be beneficial to what's there at the present time and Mr. Mastriana replied that the neighbors agree. Chairman Ryder added that it is also properly zoned. Mr. Winter made ~a motion that the application of Town & Country Squire of North Miami, Inc., for abandonment of the utility easement in Lake Boynton Estates, Plat 4A, be approved subject to relocation of Florida Power & Light Co., Southern Bell, and water facilities be provided to the two houses on the west end of the easement and the applicant will assume all expenses for the relocation of all utili- ties and recording of the easement. Mr. Jameson seconded the motion and the motion carried 6-0. Site Plan Approval Applicant: Town & Country Squire of North Miami, Inc. (Rona!d Mastriana, Agent) Location: N.W. 2nd Avenue and N. W. 8th Legal Description: Lots 1 thru 6 and Lots 21 thru 24, Block 54-A, Lake Boynton Estates Project Description: Funeral Home Mr. Mastriana showed a rendering of the proposed building and the members reviewed the plan. Mr. Annunziato explained that this was to betlocated at the southwest corner of 2nd Avenue and N. W. 8th Street. The site encompasses a number of lots. If this plan is to be approved, it should be subject to the abandonment of the easement by the City Council. This represents very good ubban redevelopment MINUTES PLANNING & ZONING BOARD PAGE FIFTEEN JULY 11, 1978 as several existing older homes will be removed. He pointed out the ingress and egress to the site and explained how the parking was cal- culated at a minimum of 50 parking spaces being required and 57 spaces being provided. The zoning is C-2 and funeral homes are permitted in the C-1 zone and would carry through. The site will be served by s~wer and ~water .and on the water, the applicant indicated service from a 2?'line being extended southward from 2nd Avenue and the Water Dept. indicated a tap on the 12"line. If properties to the west 'are developed~ there is a possibility a 2" line may be abandoned, Mr. Annunziato then read the staff comments. The Fire Marshall noted a fi~ hydrant to be installed in the northwest corner 'of the property. The Utility Dept. has noted that water service is to be from 2nd Avenue as opposed to tapping into the 2"line. His com- ments are that 'the sidewalk on 8th Street which is existing has to be extended southward to the limits of the property. The cupola height exceeds the C-2 height requirement by several feet. It is provided in the code that we have the opportunity to approve such .extensions beyond the district height limitations providing appro- val is predicated upon the information in Section 47 Paragraph 37 of the Zoning Code and this must be addressed in the recommendation to the City Council. He then read the standards listed in the ordi- nance. Col. Trauger questioned how much it exceeded the limitation by and Mr. Annunziato replied that the height restriction is 25 ft. and calculated that the cupola was approximately 2 ft. higher. Chairman Ryder questioned the necessity to have it this high and Mr. Mastriana-mep!ied that it was an aesthetic reason to make it look proportionate. They would not be able to lower it, but would have to memove it. Mr. Annunziato continued and advised that all water munoff will be retained on the site through a wet well system. Chairman Ryder referred to storm well facilities existing and Mr. Annunziato re- plied that he thinks there are on Boynton Road, but these are public storm wells and not to be used for private use. The staff recommendation is the plan be approved subject to the comments listed. Mr. Arena questioned how close the curb cut ~was on 8th S~reet to the corner and Mr. Annunziat~ informed him that it is approximately ~5 feet to the intersection of the lotlines extended. Mr. Arena asked if there would be enough room and explained how a traffic situation may be created and Mr. Annunziato replied that this was addressed and it is minimally acoeptable. Theydiscussed further the traffic flow from the street and in the parking area. Mr. Annunziato clarified that the Police Dept. did consider this and felt there was no particular severe problem. Mr. Mastriana added that there would be nothing there to obstruct the view. Mr. Mastriana stated that the applicant has designed and developed approximately 400 funeral homes througha~t the United States and they are very well expertised in this field and came to this area to design a beautiful structure to benefit Boynton Beach. MINUTES PLANNING & ZONING BOARD PAGE SIXTEEN JULY 11, 1978 Mr. Winter made a m~nthat Town & Country Squire of North Miami site plan for a ~uneral home be approved subject to the staff com- ments based on the abandonment approval, seconded by Mr. Jameson. Col. Trauger referred to the height exception and Mr. Winter added to his motion that the height exception be permitted for aesthetic reasons and it satisfies the conditions spelled out in the ordinance and will not be a detriment to the area. Mr. Jameson seconded the amendment 'and the motion carried 6-0. ADJOURNMENT Mr. Winter made a motion to adjourn, seconded by Col. Trauger. Motion carried 6-0 and the meeting was properly adjourned at 9:45 P. M. Respectfully s~bmitted, Suzanne M. Kruse Recording Secretary (Two Tapes) MEMORANDUM July 10, 1978 TO: FROM: Re: Mrs. Ter'eesa Padgett, City Clerk Mr. Carmen Annunz±ato, City Planner Tom Clark, City Engineer Abandonment of 5-ft. Easement, Plat 4A, Lake 'Boynton Estates The response Of all interested parties including the Utility DePartment indicates that 'the Property'owner intends to pay for the cost of relocating all utilities and will provide the 'necessary easements for said relocations. Construction of neW water lines to serve the area would be based on plans approved by the 'City with 'the construction by the developer. Predicated on above 'I recommend approval of the subject abandonment request subject to the applicant's assumption of costs for rel'ocation of utilities and also providing the required easements. TAC:mb. Tom Clark