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Minutes 02-14-78MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, FEBRUARY 14, 1978 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Col~ Walter M. Trauger~ Vice Chairman Ronald Arena Marilyn Huckle John Jameson Richard Lambert Garry Winter Carmen Annunziato, City Planner Chairman Ryder welcomed the large audience present and called the meeting to order at 7:35 P. M. He introduced the members of the Board, City Planner, and Recording Secretary. He an- nounced that by means of tapes and minutes taken by Mrs. Eruse, everything which is stated will'be a matter of record and will eventually be on file and if anyone is interested, they can review the minutes. M. INUTES OF JANUARY 24~ 1978 ~. Lambert made a motion that the minutes of the January 24 meeting be adopted as presented, seconded by Mr. Arena. Motion carried 7-0° ANNOUNCE~NTS F~o Annunziato announced that the Treasure Coast Regional Planning Council would be holding an afternoon workshop meet- ing and an evening public meeting in the Council Chambers tomorrow. He suggested possibly that the members of the Board may be interested in meeting these people an~ the material discussed will relate to the region. ~. Lambe~t asked if it would fit into the Comprehensive Land Use Plan for the areas to the west and M~. Annunziato replied that may be addressed, but they are to come up with regional policies for land use ~ud housing. He clarified that the open house would be between 1:30 and 4:30 in the conference room and the evening meeting would be held in the Chambers from 7:30 to 9:30 P. M. C O~ ICATIONS Mr. Annunziato distributed a booklet and explained that it was a rezoning application for the development of land be- tween 1-95 and Congress Avenue north of Old Boynton Road, which will be heard at the next meeting. He requested the members to review it in preparation. Chairman Ryder read a memo from Mayor Emily M. Jackson re- garding operation under the Sunshine Law, Florida Statute 286. He added that we have conformed with that including full statements in the minutes. MINUTES PLANNING & ZONING BOARD FEBRUARY 14, 1978 OLD BUSINESS Chairman Ryder referred to the discussion at the end of the last meeting and advised that the item "Plan Review" appeared on the City Council's agenda last week. He referred to some of the local contractors having been alerted and told about them speaking and being in concurrence to remove this parti- cular function from the Planning & Zoning Board. He felt it necessary to address the Council and indicated there was a general feeling of the members of the Board that it was an important function and one which allowed everything to be displayed in the open° He also reiterated that we were con- cerned because we were not consulted. A compromise measure passed 4-1 with directions to the City Manager, Technical Review Board and this Board to confer with the purpose of delineating to the extent we will be involved in the future. Chairman Ryder referred to setting a workshop date to review the antenna heights. ~H~. Lambert asked if it could be han- dled at a regular meeting and Mm. Annunziato replied that according to the schedule for the next month or so, he thinks the reguls~ meetings will have ample public hearings and they will not be able to bring justice to this topic. After discussion, it was agreed to set a workshop meeting on Friday, February 24 at 2:30 P. M. in the Council Chambers. NE~ BUS INESS Chairman Ryder announced for the benefit of those people not familiar with the procedure, there are several items on the agenda for public hearings. In three instances, these public hearings relate to an application for a change in zoning from an existing zoning to something else. The move to rezone is not instituted by the City of Boynton Beach. The application to rezone comes from the owners of the land in question or those acting on behalf of the owners. At the time of filing an ~pplication,certain procedures must be followed such as paymng a fee, posting legal notice, notifying Deople residing within 400 ft. of the location in question, etc. The Board will hear the pros and cons in these matters. Anybody and everybody wishing to speak will be given the opportunity to speak. However, this Board makes a recommendation to the City Council and usually the week following our meeting, the matter appears on the agenda for the City Council's consider- ation and they make the final decision. Public Hearings ~ezoning Requests Applicant: ~. S. J. Jarvis Location: 900 S. W. 15th Avenue Legal Description: Acreage MIE~JTES PLANNING & ZONING BOARD FEBRUARY 14, 1978 Project Description~ To be developed under the uses permitted by P. IoD. Request: Rezone to Planned Industrial Development District from RlmAA Chairman Ryder read the above and then requested a report from the City Planner. Mr. Annunziato stated that the re- quest for rezoning is from RI~AA, which is single family classification, to Planned Industrial Development. The location is that piece of land west of the Seaboard Coast Line, east of the E'4 canal, between 15th and 24th Avenues adjacent to the railroad track~. The Planned Industrial Development portion commences approximately 400 feet south of Woolbright Road and goes to 23rd Avenue. The P~I.Do Ordinance was created approximately ene year ago and sets up the ability to take marginally zoned residential lands and afford a use perhaps more appropriate owing to the location of railroads, etc. The ordinance provides for many controls, most initiated by the owner himself concerning unified owner- ship, maintenance agreements, uses to be approved by the City, platting requirements and restrictive zoning, but light in- dustrialo For those not aware of what would not be permitted, it would be those industrial uses which have been found to be objectionable and he read the list from the ordinance~ He then explained how the location standards and design criteria for a P. IoD. are very strenuous. He then read the setback requirements. Mr. John Stewart appeared before the Board and announced he was present to present a ~isual concept of the Planned Indus- trial Development. He first comm~nded the City of Boynton Beach in their adoption of the P.I.Do Ordinance and stated it was something to be proud Of. He referred to industrial developments in the past in other parts of the country which had gotten out of hand. It is hard to make industry desir- able as far as living next to it~ however, what they will be dealing with is not really what most people consider indus~ trial. This ordinance takes that all away° There will not be any smoke stacks, etc~ What is allowed is basically offices serving industry° They are industrial in nature and there will be some light industry~ He told about a park in Deerfield Beach and explained how this would be fashioned after that one. He stressed that it would not be an eyesore like industry is thought of. He thinks the ordinance is one of the best presentation~ which could be given since it is so strict. This is the first Planned Industrial Development to co~e before the Board and with the controls, he does not see how they could go wrong with it. ~. Stewart then referred to a plat of the area and explained that the property was situated with the tracks on the east and the canal on the west. There is only one ingress and MINUTES PLANNING & ZON~G BOARD FEBRUARY 14, 1978 egress, which would be on the north. He referred to the lot layout being shown for the interior project and pointed out that there would be no lots going along the western portion by the canal. He read the uses permitted in the ordinance and stated he didn't know how much more restrictive it could be. He requested that they look at the location of the prom perty realistically. It is presently zoned R~-AA. If it is rezoned to Planned Industrial Development, a 25 ft~ Buffer will be required~ He explained how it wasn't desirable to build houses aleng a railroad track with the noise factor to be considered. If the land must be used to build houses, you could not build a $40,000 to $50,000 home along the railroad track and it would probably necessitate using the land to the maximum density such as low cost housing. He thinks with a Planned Industrial Development, there will be more open space. At 6:00 P.M., people will be gone~ It is not like a with people pulling in and out all the time, bo~ats running up and down the E-4 canal, children swimming in the canal, etco It will be a semi-industrial office park. He hopes the people realize just what is allowed° Nothing would be built which would be detrimental to the people around there. Every time a building is built, it must be approved by the Planning & Zoning Board and Community Appearance Board° The total con- cept in the maintenance of the property i~self i~ through the PoI.D.~ Ordinance and guarantee~ that ~he property will be constantly maintained and will be in a manner of a nice looking community for the area. He stressed that the Boar~s' approval was required to build every building. He suggested that the people look at the Hillsboro Plaza as it was not what he envisioned. It is just cut and dry as far as the ordinance is concerned just w~at can be done. Chairman Ryder referred to an indication of the types of industries and ~. Stewart replied they did not have this yet, but he thinks it will be similar to the Hills~oro Plaza with primarily office service type businesses, elec- tronics, etc. ~airman Ryder told about some of the members of the Board visiting the Hillsboro Plaza last year and being impressed. However, they do not have any residential developments in clo~e proximity to that development° He added that it would be attractive to be near an 1-95 inter~ change. Mr. Stewart informed him that the ~oLD. would ~e buffered with a 755 ft. canal right-of-way, 25 ft~ green buffer, and 30 ft~ setback. He added that it was rather difficult to build residential homes along a railroad track and he thinks this is a nice way to progress. Chair- m~n R~der referred to there being homes on the western side of the c~ual mhd questioned the distance between and Mr. Etewart informed him it would be over 200 fto Chairman Ryder referred to the P~t~D. Ordinance permitting a con- s~ruction height up to 45 ft. and asked if that could be MIS~TES PLASHING & ZONING BOARD FEBRUARY 14 ~ 1978 reduced in the buildings in close proximity to the canal and the green belt be w not think there wou along the canal. C stories instead of sure that could be buffer at 25 ft. wi .could be figured in M~. Stewart stated with the City and t bridge over the serve the City in of water in the Cit cannot help but inc time anything is bu transportation is ditions h~.ve to be Col. Trauger referr made in the prepare figures regarding e informed him that ~ done. They feel th with easy access tc service type office about major industr with their offices a nice climate and professional type This is what they s mont. They don't f Trauger referred t¢ stated that somebod in employment figur ferred to the zonin manufacturing visus study had been dote He referred to Deer in there; however, they would not have There have been no generated. It will Mrs~ Huckle questic Stewart informed idened. }~. Stewart replied that he did ld be any problem in reducing the height hairman Ryder asked if it could be two four ~ud M~~. Stewart replied that he was worked out, but he would like to keep the th the 30 ft. setback unless that area the percentage of building on the lot. that the applicant has been very generous old about him~donating land to build the canal. This 25 ft. buffer will also ell sites and will upgrade the quality ¥. The tax base which should be generated tease the services for the City. A~j ilt or services are provided nearby where ot a major cost factor~ services and con- cheaper. ed to an economical impact survey being tion of this and asked if there were any mployment or dollar volume. Mm. Stewart detailed estimate or study has not been e location of Boynton Beach and property 1-95 is ideal for what they project for s. He referred to stories being published les in the north wanting to move south and professional people. The south offers is very desirable and it is easier to get eople to move in ~ud work in this area. re looking for in this type of develop- oresee any economical hardships. Col~ the investment going into this and y must have made an impact study either es or dollar volume generation. He re- g requirements and questioned the type of iized and Mr. Stewart replied that no rmined as it would be almost impossible. field Beach not knowing what was going with the restrictions in the ordinance, anything going in there not Wanted. ~tudies as far as money which will be be developed according to the City code. ned the total acreage involved and M~. r it was 36.2 acres. Mr. Lambert asked ~f Col. Trauger was referring to the ecoz~- nomical impact on ~he number of workers in the community and Col~ Trauger replied affirmatively. ~. Lambert referred to having a ,report from the United States Chamber of Commerce and stated if there are 500 new fulltime workers, the impact MINUTES PLANNING & ZONING BOARD FEBRUARY 14, 1978 would be approximately $4,000,000 more in personal income, $2,000,000 more in retail sales, approximately ten new re- tail establishments, and approximately $2,500,000 in bank deposits. Mr. Annunziato~~ added that having been familiar with the Deerfield Beach situation, they were projecting a buildout of at least a $50,000,000 tax base. Mr. Lambert referred to there being a sg.parate application for the area right on 15th Avenue for C-3 and askedwhy the property was separate from this P.I.D. Under the PoI.D. Ordinance, there are provisions for accessory uses and he read these. When it comes to a ~-3 zone, it is different and not under control like the P.I.D. Why was the other parcel not included? He believes the Hillsboro Plaza is similar with the property on the main highway being used for a motel and hotel and he thinks it is under unified control with the P.I.D~ which would give the City protec~ tion what would go there. Mro Stewart replied that they would like to be flexible with that property because of its location. It may possibly be a location for a motel like in Deerfield Beach to serve the tourist industry which Boynton Beach does not have like a Holiday Inn, Howard Johnson's, etc. ~. Lamber~ questioned what there is in the C-3 classification that~does not fall under the unified control of the Poi. D. Ordinance? He thinks there should be an explanation why this was separated. Mr. Stewart replied that they do not know what they are getting into as far as what is going to happen. If they came in with both as one and it is turned down, they must start all over. He is not really sure what the difference is~ He thinks they would get a better hotel site under C~3. Mr. Lambert referred to it being based on square footage under C-3 and referred to t~here being a great amount of control included in the P~i.D. Ordinance, but stated that he is concerned about the C~3 property not bsing included and not giving the City control. Chairman Ryder asked if the PoioD. was not approved, they would still be interested in the C-3 and M~. Stewart replied definitely. He added that what they envision for the C~3 property is a chain motel and possibly on the western side, a medical complex or commercial establishment of stores to service the community to the west. However, being a deve- loper, you cannot say you are going to put a certain thing there when you do not have a ~uyer. They~primarily want to make available the opportunity to develop. M~s. Huckle asked if part of the 36 acres included the C~3 area and Mr. Stewart replied negatively and informed her that the C-3 is 9.8 acres and 2.86 acres. The members of the Board and people in the audience then studied the plan. Mr. Lambert referred again to the front portion and asked if a shopping center or medical complex was permitted in P.I.D. and Mr. Annunziato replied that he thought it would be con- trary to the intent of the ordinance. The P.I.D. is to have MINUTES PLA~ING & Z ONIEG BOARD FEBRUARY 14, 1 978 light industrial, assembly and office type buildings. Shop- ping centers as such would not be a permitted use in the P.I.D. The design was to service a P.I.D. with including hotels and motels. Chairman Ryder read the uses permitted regarding accessory buildings. He added that possibly because of the connotation of a PoI.D., apparently shopping centers would not be considered as a permissive use. Also, as mentioned previously, these ~auits must be approved by the Planning & Zoning Board and City Council as~to the suitability of the particular proposal. Mw. Lambert clarified that it was separate Because a shopping center could not be included in a Po!.D. and Mr~ Stewart agreed. Chairman Ryder asked if anyone else wished to speak in favor of this application. ~o Robert A1an Black, 603 S. W. 1st Court, appeared before the Board and advised that by trade he is an architect, but came here representing the Chamber of Commerce Industrial Promotional Board. He is speaking on behalf of the City re- presenting the business element. The CoMmittee was formed by the Executive Director and wishes of the Executive Board of the Chamber of Commerce for the purpose of promoting in- dustrial uses in our City as a tax base, to bring in business, jobs, etc. They have spent 1½ years devising a brochure of information about our City and why our City should be consid- ered by non-abusive in either sound, sight~ or smell-like industries. There are standards set by the E.P.A. for light industry. They are familiar with Hillsboro Plaza and this is the type of thing they want and not what they have in Miami, Chicago or Detroit. He has heard comments in the aud- ience which are not correct. There are rules and regulations point blank in the P.I.D. Ordinance stating what can go there. This City is growing and the population is approxi- mately 38,000 people. The greatest majority ofiit is resi- dential. Unless you have a house valued at $50,000 or more and have only one child in school, you are costing the Cit~ money. He knows what he is talking about as he moved here five years ago from an industrial city. The tax base in 1972 for $42,000 was approximately $350 to $420 and now it is $750 and Up and we have not added any schools yet. Our City comprises a lot of commercial development and a lot of those businesses are doing well. The residential homes and apartment ideas in the City has raised the population very much. TT~e Chamber of Commerce has the figures of who pays the taxes and it is not residential, but it is commercial partially and industrial mostly. This ordinance will not allow noisey or dusty industries which we don't want. Our City must grow, but we cannot support ourselves as a suburb. A taxable base is needed. 25 acres is a major development. A developer must bring in sewers, water supply, provide buffers, landscaping, etc. at his cost. He is a little bit surprised that the representative did not have many facts. M i~ TES PLANNING & ZONING BOARD FEBRUARY 14, 1 978 ~. Black continued that studies have been made and estimates can be given what this project represents. Speaking for the Chamber of Commerce, they want non-polluting industry to help. This is a City of 38,000 with a potential growth of over tO0,O00 and we cannot continue to grow as residential. He suggests that this project be presented in detail with the facts given~covering all the issues. Partial truths are being stated with feelings determining what is going to hap- pen. This City has quadrupled in the last ten years and some solid feeling is needed for the growth in the next five to fifteen years. This P.I.mD. will not hurt the City, but will help and will bring money and produce jobs° The City's growth will continue solidly. We must keep our taxes from going sky high, so we can handle the taxes in fi~e years. Mr. Dominic Altieri, 708 S. W. 16th Street, appeared before the Board and referred to the P.I.D. Ordinance being developed for the good of the City of Boynton Beach with ce.rtain restric- tions on certain parcels of land and stated that :the negative parts of what would not be allowed was read; however, the people do not know what is allowed under the P.I.D. Ordinance so they can intelligently make a decision whether they shoUld be against it or not. M~. Annunziato informed him that in the writing of this ordinance, they used specifically what they did not want such as Rinker, large smoke stacks, polluting industry, traffic drawing industry, etc. He explained how it was harder to list the permitted uses with tr~ing to deter- mine what changes there would be in the future. ~They did not want to be put in the position of excluding a perfectly satis- factory use because they did not know it existed. The Ordi- nance demands that not only the site plans be approved for each use, but also approved by the City Council. If the use is objective, it could be denied and would not be permitted in the P.I.D. It is not known what a permitted use is until the application is submitted for the review of t~e plans and use. If it is not a good use, it will not be in the City of Boynton Beach. M~..~ltieri stated that in the presentation an~ discussions, there should have been some uses mentioned. ~. Lambert re- ferred to working with the Chamber of Commerce and this Board and stated he was concerned with a recent report from the Palm Beach County Planning Department. This is the fastest growing area in the United States and it should be more eco- nomically balanced. He referred to the constructiion and tourist? industries being up and down and explained how the City was required to maintain their services during the year. The report encourages the development of additional industries not sensitive to the seasonal influx. Most of us are from areas where there was smoke, pollution, noise, etc. mud we came here to get away from it. The answer is not to go out and specifically zone a 50 acre tract just M-]. There are areas which permit industry with no control. We wanted -8- MINUTES P ~LANN~G & ZONING BOARD FEBRUARY I4, 1978 something with teeth in 'it and the planners have come up with the concept of a Planned Industrial Development. He explained how the review was handled almost the same way as a residential subdivision. He stressed that it is based on strict criteria. He told about some of the members, City representatives and members of the Chamber of Commerce going to see the Hillsboro Plaza and being impressed with it. He suggested that the people visit this area and he is sure they would want to build a house in the middle of it as it is so neat and well taken care of. Our P~I.D. Ordinance sets out strict guide- lines. He told about a sewing machine assembly company want- ing to locate in the City, but we did not have light industrial property zoned for it. We are in favor of having electronic assembling plants, light assembly, utilities offices and we think this Planned Industrial Development is the answer. Off- street loading facilities cannot front on a public right-of- way nor be located in the of a residential district. He believes it should be fully before saying no. Chairman Ryder stated that the ordinance was given thorough thought and we were pleased to come up with these regulations, but he did not know it would be proposed for this particular area~ Chairman Ryder announced that the time had come to.hear the opposition. He stated that over 80 letters had been received in opposition to both of these applications. They generally indicate that the people came here~ liked the peace and quiet, observed the surrounding area was zoned R1-AA which they could live with and not be subject to change. With this pro- posal, a lot of their planning is out the window. All of these letters will be on file in the City Clerk's office. They will be on file for future reference for anybody. Mrs Stewart informed them that the entire psm~cel was zoned C-3 in 1970 and i~was rezoned to R~AA in 1975. Chairm~m Ryder requested the speakers in opposition to come forward one at a time. Mr. William Meisinger, 1391S. W. 17th Avenue, appeared be- fore the Board and advised that his home was located on the western bank of the canal within 400 ft. of the property in question. Before contracting to build, he checked the zon- ing maps at the City Building Department to ascertain the building status of the property on the opposite side of the canal. Knowing it was zoned R~-AA single family residential, he signed a contract to purchase his home. As more and more people invested in homes, he was frequently asked about the property on the other side and assured them it was residen- tial and not commercial. This zoning change would not only present plans relative to an industrial complex such as an MINUTES PL~ING & ZONING BOARD FEBRUARY 14, 1978 influx of employees and materials, but it would also tend to devalue the properties he and his neighbors have selected as home sites. He claims to ch~uge the zoning is a disservice to him and the residents of Lei~ureville who are an asset and not a liability and require very little in services from the City of Boynton Beache He then stated that he has peti- tions with more than 900 signatures of people in the surro~ud- ing areas who concur with the opinions he has just stated. In conclusion, he earnestly asked the Board to consider this rezoning request carefully before ma~ing a final decision ~ud recommendation. Chairman Ryder suggested that he keep the petitions for sub- mittal to the City Council. ~o ~ena asked what question was asked on the petition which the people signed and Mr. Meisinger read the petition requesting the Planning & Zoning Board and City Council to deny these zoning requests from -R~-~ to P.I.D. a~ C-3 on the basis that when they invested in their home sites on the west side of the canal, the zoning map indicated the property in question was zoned RlaAA ~nd would be developed as such. ~ny change would devaluate the adjoining areas° Col. Trauger asked when he erected his house and ¥~o Meisinger replied that he bought the first one in 1974 and the second one in 1975. ~o Vincent Foy, 1~8 Florentine Way, appeared before the Board and advised that his home is on the canal which passes by the property in question. He agrees with the remarks of the previous speaker and would like to make ~ome statements of his own and he ~ows the views he expresses are those of many of his neighbors~ He appreciates the explanation the Board has given and appreciates the rezoning request being honored, but he would like to talk on what he believes has taken place. ~t some point, a Planning & Zoning Board sat down and considered the zoning of the property in question. They knew this area well. He told about the birds, ducks and fish being abundant in this area~ He referred to the area being attractive and stated that the Board in effect w~ted to preserve this area and zoned both sides of the canal residentia! for family dwellings. Someone wishes to change that° They fully appreciate a land owner's desire to pro- vide from his land. They h~¢e no quarrel withthat~ but that desire should not be fulfilled to the detriment of others° That desire should not be fulfilled for individual benefit when the common good is adversely affected~ They came to Boynton Beach and were attracted to Boynton Beach in gen- eral and Leisureville in particular because of its quiet and residential atmosphere. They have transferred their money to the banks of Boynton Beach, adopted the State of Florida~as their own, took steps to be permanent residents, and think their~position is deserving of serious considera- tion. They want no change in the zoning regulations. No matter how attractive an industrial area, it is still an MINUTES PLA~ING & ZONING BOARD FEBRUARY 14, 1978 industrial area. It is bound to devalue their property. It is bound to downgrade their community. They object to that and earnestly urge the Board to reject this request for a change in the zoning regulations. Mr~ Milt Danielson, 1606 S. W. 16th Terrace, appeared before the Board and stated that one of the things that has not been pointed out to any depth this evening is what~.is termed sometimes as impact loading. He believes it was mentioned there were 36 acres to be zoned industrial with possibly 500 employees. However, an industrial engineer would say if you cannot put 100 employees per acre, then something is wrong and this would mean 3~600 people. He told about coming from a small town where industrial was allowed along the highways which became an eyesore. With putting 3,600 employees into ~his tract, the only access and exit is 15th Avenue. He plained how the traffic would be backed up during the commu- ter hours. He also told about 18th Street being a dangerous intersection and referred So the increased traffic from this project. This will do nothing but damage. He referred to government figures pertaining to the number of businesses go&ng broke and asked who would maintain the l~udscaping then and added that the tax revenue would be lost. He referred to paint shop not having noise~ but had to comply with their fumes exhaust which was not enforced. He suggests that some- one should go into this thoroughly from an engineering stand- point concerning the traffic pattern, number of employees, etc. In talking about a 30 ft. setback, that is just ~/3 of the distance between home pla~ and first ba~e on a baseball field and a man in the olympics jumped ~9 ft. He thinks further study should be given to this. Mr. Fred Lewis~ 1996 Campanelli Boulevard, appeared before the Board a~d advised that he lives on the lake and with many of his friends and neighbors, he is in agreement with many facets of the P.I.D. Ordinance described~ He then read a letter written by one of his neighbors stating they are very concerned over the proposed request to rezone this pro- perty which faces their home across the canal. It explained how industrial buildings were only constructed to be func- tional. The areas are never maintained with cleanliness or beautification. This condition is part of and cannot be separated from their operations. There is oil, dirt, grease, etc. from the trucks, paper blowing around, empty beer and soda caus discarded by employees, etc. The canal will be a disposal for most of this trash. Commercial and industrial areas should be restricted and set apart from residential -ar~as. Wherever there is business, there is truck traffic ~nd ~tl~ tractor trailers. The entrance will be only a few hundred yards from 18th Street, the main entrance to LeisU~eviIle. S.W. ~Sth Avenue 'is now a busy thoroughfare and many accidents have happened at ~8th St. and 15th Ave. -11- MINUTES PLANNING & ZONING BOA~ FEBRUARY 14, 1978 Trucks make noise. For the residents of Leisureviile living adjacent, it could be distressing. The majority are senior citizens. The residents of Leisureville bought homes for a peaceful relaxing retirement~ The people with homes on the canal paid a high premium for the privilege of being on the water and before buying inquired into the z~ing of this pro- perty and found out it was single residential. It was on this basis ~md the confidence that the City officials would keep it that way that they purchased their homes. The major- ity of the residents are not wealthy and their homes are their assets and represent years, of savings. It would be heart breaking if this parcel was rezoned. It could down- grade the whole area and downgrade all the homes in Leisure- ville. It is not valid that this parcel is not suitable for homes. If well planned, the railroad could be a distance from them. The train runs infrequently now and is not objec- tionable, but it would be objectionable if a siding was built to accommodate industry. Exposure along the canal would be ideal for homes. Another concern to this area is the electrical power which seems to go out in the Leisure- ville area during times of high power useage. With the heavy use of business and industry, Leisureville would ex- perience more blackouts. They are opposed to any change and hope the City officials will justify their trust in them by rejecting the rezoning request~ M~. Joe Keene, 1716 So W. 16th Street, appeared before the Board and stated that a number of things were said by the developers which were left lying. The statement was made that a parcel of property such as this has not been satis- factorily developed for residential use. He told about Oriole Homes building homes in the $45,000 to $60,000 brack- et in a similar area in Boca Raton. He would much prefer to have small homes than industrial. He cannot believe ~that a four story building would be allowed on this property with the parcel being totally surrounded by residential developments. He referred to the map and explained that this was the hub of the entire population and they are talking about m~king this an industrial district. He thinks the ~.I.D. Ordinance is a good idea, but to take something of this nature to provide that would be providing a matter of convenience. They are only approving sites and not even the buildings. It would be giving the applicant a conver- sion with the property not even sold. He thinks if any of the members go home tonight and look across the street and see a warehouse, they will not be very happy and that is what they will have to look at~ Chairman Ryder then opened the discussion to the members of the Board. He stated he has some thoughts he would like to express and then~would give the other members an opportunity. MINUTES PLANNING & ZONING BOARD FEBRUARY 1 4, 1 978 Chairman Ryder continued that the residents of Leisurevi!te have been there for eight to nine years and number collec- tively together about 5,000 people. Over these years, they have been continually cOn£rontedwith the change in zoning. He came hero in 1972 and long before serving on this Board, he got involved in these rezonings. There were rezonings on Route 804, Congress Avenue, 15th Avenue and 23rd Avenue, which covers the area surrounding Leisureville. It has been a matter of concern for these people because where they lived adjacent to undeveloped areas, this continually haunted them. He feels, as many people expressed, that a Planned Industrial Development is great and is needed, but does not feel it be- longs here and cannot see the area go from R1-AA to P.I.D~ or C~3~ M~o Arema referred to C-2 and C-4 zoning being in this area on ~5th Avenue backing up to Leisureville properties and questioned why the rezoning request was for C-37 He does not see how the Planning & Zoning Board or City can deny this particular request looking at the nature of that parti- cular area. Somewhere along the line, it was designated as a commercial area. As far as the P.I.D., he thinks most of the people speaking against it might not realize when this ordinance was drawn up, the Planning & Zoning Board and City Council knew there were..certain parcels of land in the City zoned RI, R1-A and R1-AA that really were not properly zoned which would have to face some requests for rezoning in the future. Rather than have someone come in and prove the best use would be an industrial use, we asked how we were going to control it owing to the fact of having residential commun- ities abutting and were led into the P.I.D. Ordinance. He feels the only possible type of residential development in this area would be a low cost development. He does not think it is suitable for a condominium development. He thinks if more people were made aware of how a Planned In- dustrial Development is going to work, we would find more people in favor than opposed to it. We are not sa~i'ng we are giving the rezoning~and they can build what they want. If this is rezoned to P.!.D., each individual parcel of land that is sold, the owner must submit a siteplan stating the nature and type of business° It was not designed for ware- houses. This is causing a major problem. He thinks the developer did give a poor presentation and should have had more facts and figures. He thinks there are a lot of buffer zones and setbacks which may be changed around. He thinks at this point, which he is sure most of the people in the audience have to agree, they are not familiar with the Planned Industrial Development and we should make it our business to make them more aware of what ~ Planned Indus- trial Development is and how it works and get more input from the developer. -t3m AGENDA PLAAqNING AND ZONING BOARD Regular Meetin~ RE-VISED 6/18/76, .Date: ~ Time: Place: June 22, 1976 7:30 Council Chambers City Hall 1. Acknowledgement of ~lembers and Visitors. 2. Reading and Approving of Minutes. 3. Announcements. 4. COmmunications. 5. Old Business: e New Business: 1. Bethesda Memorial Hospital - Re~zonfn§ 2815 South Seacrest Blvd. Rep. Robert Hill, Assistant Administrator 2. Discussion of Ordinance No. 76-20 (Proposed) Regarding zoning ordinance and public hearings thereto. Rev. 3/19/76 MINUTES PLANNING & ZONING BOARD FEBRU~qY 14, t 978 ~. Lambert referred to the traffic and stated that under the current Rt-AA zoning, he believes it would permit approxi- mately 200 to 250 single family residences so the traffic may or may not be an issue. He asked if a traffic analysis had been made and I~r. Annunziato informed him that the appli- cant has agreed in writing to provide whatever improvements would be required by a traffic analysis. There at least would be a traff±c light at the intersection. M~. Lambert asked if anyone was with the applicant who could answer questions about the traffic impact° M~. Danny O'Brien, Resident of 0'Brien, Suiter & O~Brien~ appeared before the Board. He referred to the mention of approximately over 200 homes being allowed and stated that the daily traffic figure for such a single family area would be 1,400 trips in and out° He explained how each residence was based on 7 trips per ds~ M~. Lambert asked if a traffic analysis had been ~one for the P.!.D. presentation and Mr. Annunziato replied that he requested it to be done by an independent traffic engineering corporation. M~ Lambert questioned the prelimi- nary research dome and Mr. O'Brien informed him there was a traffic statement made. M~. Lambert stated that he would like a comparison between residents versus industrial and Mr. 0'Brien replied that this could not be compared until the traffic analysis is completed. He explained how the multiple use for the C~3 must be studied by a traffic engi- neer. He added that his office did make a traffic statement, but ~. Annunziato requested a traffic impact analysis. ~. La~ert clarified that a C-3 shopping center would mean hun- dreds versus a light manufacturing company employing 20 people and ~r. 0'Brien agreed it was based on the uses. M~. Lambert asked if it would be based on the maximum uses and ~. 0~Brien replied affirmatively and also on the eco~ nomic factors, types of businesses or industries. He ex- plained how it would be based on what this area needs and could support. M~. Lambert asked when the an~sis would be completed and Mr~ O'Brien replied that it was supposed to be here tonight and he would say within a week or two, the study should be completed. ~. Lambert requested that the topics on the checklist on Page 8 of the P.I.D. Ordinance regarding the procedures for zoning land to P.I.D. be discussed. M~. Annunziato c!ari~ fied that the request was to review the documents submitted in regards to zoning land P.I.D. He advised that Mr. Jarvis has submitted a warranty deed stating all the lands are or,ned by ~. Jarvis as trustee and the City Attorney has approved these. The second thing require~ is an agreement to comply with the ordinance and complete the requirements as required and a letter was written~to him by Mr. Jarwis and approved by the City Attorney stating he would comply with Section 4 which is the building and legal document section. The plan was submitted and copies are on display and were submitted to the members. He explained how the plan requirements had been met. The last requirement is the traffic impact study M I~YJ TES PLA~rNING & ZONING BOARD FEBRUARY 14, 1978 and he request~d that and it is in the working and has been for the last three weeks. M~. Lambert questioned where it left us with waiting for that report as the traffic must be considered. He is concerned with this project and wants us to go over everything~ Our duty is to give the City Council a complete report. _Mr. Annunziato replied that he think~ this is a valid ~gument and perhaps, all the facts have not been presented. He~i~this traffic analysis and also the economic feasibility should be submitted for consideration. Col. Trauger stated that he is quite concerned with the P.I.D. Ordinance we have developed. He has great confidence with the control in this dOcument; but feels in order for us to make a recommendation, we need the complete input. He insists they make an economical report from what they see today plus the traffic analysis. This is something this City needs vitally to continue growth and to sustain itself. -This industrial development is~needed, but where it is to be located must be decided. He strongly believes we need it and cannot go too long without it. Leisureville presented these same problems to the City of Boynton Beach when it was developed regarding the traffic pattern. He believes a traffic analysis or economical forecast should be pre- sented to gi,~e this Board a final analysis for recommenda- tion and does not believe we are at that point now. M~. Arena stated in line with what ~. Lambert and Col. Trauger said, there are a couple things about the plan it- self that he questions and a couple recommendations he would like to make. On the back section where there is a 25 ft. easement, he thinks it possibly should be considered to be a minimum of a 40 ft. easement. Chairman Ryder plied that we got into that area earlier by asking the appli~ cant if that was negotiable. Chairman Ryder announced that if it is the consensus of the Noard that they don't have all the information they would like to have before acting, perhaps possibly the applicant would care to withdraw the application at this time. ~. Arena replied that he would like to make a few points and then possibly the Board may want to table this application, so the applicant does not have to re-apply. ~. Arena again referred to the landscape buffer and stated he would like to see a 40 ft. landscape buffer in the back and have the back lots limited to two story buildings. He would like to see the westerly C~3 portion changed to C-I for that particular area because of its close proximity to Leisureville. He thought he would bring it out now, so th~ answers could be given. He clarified that in question were the 40 ft. buffer, two story buildings on the back parcel and changing C-3 to C-I. He added that he would like to make a motion to table this. MI~0TES PL~N~ING & ZONING BO~RD FEBRUAR~ 74, 1978 Chairman Ryder stated he would like to hear the feelings of the applicant in reference to these requests. Mx. Stewart referred to a lot of people in Leisureville bringing up the fact that they bought the.ir houses and property with the sub- ject property across the canal being zoned Ri-AA; however, he alluded to the fact that it was C-3 in 1970 and rezoned to R1-AA in 1975. The property was purchased C-3. A traffic impact analysis is necessary and he is in agreement to sub~ mitting one. However, if the City of Boynton Beach wants a Planned Industrial Development~ there are very few areas with access to 1-95 with a four laned road going to the pro~ posed Planned Industrial Development~ He does not think there is a better situated piece of property with b~tter access. The traffic impact analysis will show what traffic to expect and how to accommodate it. If a Pl~uned Industrial Development is located in any other part of the City, there will be quite a traffic problem. Ha understands most of the objections, but believes industry is necessary for this area~ They would like to postpone this application. Mr. Lambert suggested making some recommendations to give the applicant an idea of what we are looking for. Chairman Ryder replied that Mr. Arena just made them and M~. Lambert disagreed. Mr. Arena clarified that his recommendations were in conjunction with the others. Chairman Ryder suggested the.~ applicant g~t a copy of the minutes and P~. Stewart agreed. M~. Lambert suggested that a further guideline be given to the applicaut than giving them a copy of the minutes or have them listening to the tape. He thinks the other members and City Planner should speak~ He clarified that he just re- ferred to the 500 employees previously based on a Chamber of Commerce report. He suggests making a list of what we want these people to come back with. Mr. Annunziato clarified that M~. Lambert requested a traf- fic impact analysis and that is ~uderstood. He referred to Col. Trauger requesting an economical analysis which would p~ovide information on the tax base, number of workers, etc. He added that these are things that professionals in the field can provide. He referred to ~@. Arena's comments tak- ing into consideration that Lei~ureville is a sensitive area and he suggested that possibly a 40 ft. landscaping buffer ma~ be needed, whatever construction on the westerly lots should possibly be limited to 25 ft. high, and the request for C-3 zoning would amply be served by C-~ zoning. He then stated that his concerns for this plan are for the citizens of Boynton Beach. He does. not think the City would be dis-served by zoning this to P.I.D. With having a parti- cularly sensiti~e area requires particu~larly sensitive solu- tions. He thinks we will have more and clearer information at a later date. ML~J TES PLANNING & ZONING BOARD FEBRUARY 14, 1978 Mr~ Lambert referred to the documents relating to unified control pertaining to landscaping and Mr. Annunziato formed him that the agreement to comply with Sections 4A and~B binds the successors also. Mro Lambert asked when this would be submitted and Mr. Annunziato informed him that the agreement has been submitted and approved by the City Attorney; however, the actual document has not been sub- mitted yet. Mr~ Lambert asked at what point in time that was required and Mr. Annunziato replied before the land is officially rezoned. Mr. Lambert clarified that before for- wardin~ the request to the City Co~ucil, it should be sub- mitted and Mr. Annunziato replied that he did not think it was necessary but is a good idea. He added that what the agreement means can be provided for. ~. Arena clarified that this section means that at no time in the future the City will not have to maintain that land in any way and Mr. Annunziato agreed. Mr. Stewart referred to these deed re- strictions and unified coatrol requiring a stack of docu- ments which are quite expensive and stated they would like to see the means agreement accepted, which is approved by the City Attorney, subject to the zoning.~ Hea're9uests that the applicant not be made to spend a lot of money for no reason at all with not having the assurance of the rezoning. Mrs. Huckle stated that her only comments on the whole situ- ation is that she is very enthusiastic about the P.I.D. Ord- inance. She definitely thinks the City needs a Planned In- dustrial Development. The representative has pointed out that there ~re not many locations like this which are con- venient to the interchange, but she does not believe this is the proper location for something of this type. She is not impressed with having one access out of this development~ She does not care to have it centrally located in the middle of Boynton Beach. She thinks there will be traffic generated by the industrial uses in spite of the fact of the industrial uses being well protected. She has visited the Deerfield Beach Park and was extremely impressed~ but she does not like this location for it. M~. Arena again stated his motion to table this application, seconded by Col. Trauger. Motion carried 6-~ with Mr. Winter dissenting. Applicant: Mr. S. J. Jarvis Location: 900 S. W. 15th Avenue Legal Description: Acreage Project Description: To be developed mader uses permitted by C-3 Zone. Request: Rezone to C~3 from Rl=AA Chairman Ryder read the above and stated if they feel this second item is related, he would like the appropriate motion. MIN~JTES PLANNING & ZONING BO~RD FEBRUARY 14, 1 978 M~~. Lambert suggested discussing some of the members' feel- ings and Chairman Ryder replied that in a sense, we have. Mr. Annunziato suggested asking for recommendations or ob- jections and holding the public hearing sin~e it was a sepa- rate application. He thinks we are familiar with the loca- tion and arguments and suggests opening this to a public hearing. M~r. John Stewart appeared before the Board and stated that he thinks we have discussed this whole parcel thoroughly enough~ The Eoard has requested this parcel to come in as C-~ since it is across from parcels C~2 and C-4~ They will take a good look at this and see what can be done. He re- quests this also to~be tabled. Chairman Ryder asked if anybody wanted to speak in opposition° He added that the letters and petitions submitted refer to both applications. M~. Fred Lewis appe~ed before the Board again and referred to zoning being a transient thing. NOw they are planning to change it into two sections. He does not understand what the basis is for changing the zoning in the first place. Zoning is supposed to be for the protection of the people. Certain members of this Board seem to be hardened in their attitude towards the feelings of the people in Leisurevilleo He won~ ders if the members would enjoy having a Planned Industrial Development with 45 ft. high buildings in their back yards. In reference to the agreements which are supposed to be bind- ing for years hence, they get lost in the files. Shrubbery goes to pot, etc., nobody polices it and this is exactly what will happen° Col~ Trauger replied that he resented the remark against the Board being against Leisurevilleo Nobody is against Leisureville. There are a good many other areas in t~wn besides Leisureville~ We are not discriminating against Leisureville~ High Point or other areas, but we want the facts. Another gentleman appeared before the Board and stated that it seems the members of the Board feel the people of Leisure- ville are against Planned Industrial Developments or anything regarding commercial enterprises~ There is nothing further from the truth. However, what there is now of residential area, they would like to keep it that way. They feel there is enough land available that is under commercial zoning specifications that can take care of a Planned Industrial Development that would be within what is planned. Let's not take residential areas and rezone to P.I.D. just because someone requests it while there are other lands readily available, it is without question they would support it and would not be present against it~ but they certainly are against a residential area being rezoned when there is enough area for industrial. MINUTES PLANT.~ING & ZONING BOARD FEBRUARY 1 4, 1978 Mr. Leo Feinstein appeared before the Board and stated that he lives within the 400 ft. discussed tonight ~ud needless to say, he certainly does not want an industrial area in his back yard where he looks out and neither would anyone on the Planning & Zoning Board want it. He is fully aware that this Planned Industrial thing is a necessary thing for Boynton Beach; however, nobody would be opposed to it if it were properly placed. Mr~ Lambert interrupted him and advised that the matter before the Board now is the change in zoning to C~3 on Woolbright Road and not the industrial park° Mr. Feinstein agreed and continued that when he bought his land, he paid $6,000 for that particular location. He assumes by keeping that area residential, the owner would be able to charge at least $7,000 for a lot because so mar~ people tried to buy water front property in Leisureville and were willing to pay $7,000° The Board is considering taking an area that has been turned over.to retired people who have paid their dues and spoiling it for them~ He can understand the three young men being for industry, but please consider the people° There is very little they ask from Boynton Beach and they pay handsome.~ in taxes° Just leave them have their serenity for the few years they have left. It is not conducive for industry~ He referred to Mro Annunziato Being a paid City Planner and stated that there is a lot of territory in Boynton Beach and asked if it would be difficult to locate a place for a Planned Industrial Development? Mm~ Annunziato informed him that a Planned Industrial Development is applied for and not something you can force on somebody. Mr. Feinstein re- ferred to him being paid to plan for the City and Chairman Ryder replied that was not ~ Annunziato's particular job. M~ Milt Danielson appeared before the Board again and stated that 99% of the people here do not understand the fine print in the Planned Industrial Development Program. It is a fine program, but they must consider what happens if these compan~ les go broke. Mr. Lambert interrupted him stating that they were not speaking on the Planned Industrial Development. Chairman Ryder agreed they were not speaking to this subject and suE~ested they move along. He added that they realized this could get to be an emotional situation and requested the people to keep in mind that the members on the Board are vol- unteers and are trying to do the job. He added that the mem~ hers of the Board were certainly unhappy with the inferences made about their motives. ~Letters have also been receiv.ed with a cynical attitude~ With regards to the City Planner, it was the best thing that happened to retain someone on a permanent basis and he explained how he gave the Board direc- tion and continuity. He then announced that further discus- sion from the floor was closed. Mr. Jameson asked if these applications would have to be re- advertised and Pk~ Annunziato replied negatively and advised that the date could be set tonight. After discussion, it was MI~YJTES PLANNING & ZONING BOARD FEBRUARY 14, 1978 agreed to discuss these applications further aS the first meeting in March on March 14. Mr. Annunziato clarified that the public hearings have been held and there will be further discussion by the Board at that time. M~. Lambert referred the applicant to look at make absolutely sure it is what they want. Possibly it should be researched about including it in the Planned Industrial Development. Mr~ Arena added that the only reason he men~ tioned looking at the parcel as C-1 was because of the uses envisioned for it. The C-1 classification would handle them. Mr. Arena made a motion to table this rezoning request until the March 14 meeting, seconded by ~o Lambert. Motion car~ ried 7-0° At this time, Chairman Ryder declared a five minute recess. He called the meeting back to order at 10:30 P. M. Applicant: Ansell Jefferies, Jr. Location: 710-730 North Seacrest Blvd. Legal Description: The South half of the East hal~ of Lot 2, of subdivision of West half of the South East quarter of Section 2~, Township 45 South~ Range 43 East, less the South 125 feet thereof, and Lots ~ thru 12 inclusive Block ~, Palm Beach Country Club Estates P~_oject Description: Townhouse Development Request: Rezone to R~3 from R-2 Chairman Ryder read the above and called on M~. Annunziato for a report° Mr~ Annunziato explained that this was located on Seaorest Blvd. between N. E~ 6th and N. Eo 7th Avenues on the east side~ The request is from R-a to R-~. What he thinks brought the request about was the need to gain some flexibility in design of living units~ The R-2 requirements will not per- mit any t~pe of multiple family development. He th~uks it would be a benefit to the City and in accordance with the new Comprehensive Plan~ When reviewing this, the benefits would be derived in terms of open space~ designs, access, etc. It would be a benefit to the City to rezone to R~3. One unit per acre woul~ be the difference in density. ~. Ansell Jefferies, 1509 ~ 44th Street, West Palm Beach, appeared before the Board and advised that he has worked for the Palm Beach County Housing Authority and Co~nity Develop- ment and told about receiving federal funds~ He told about making studies of this area and there being a need for hous~ lng, They have federal funds to demolish some of the struc- tures below standard, but basically cannot do that because there is no place for the people to go. This project will assist the Eoynton Beach Housing Authority in executing their MI NU TES PLANNING & ZONING BOARD FEBRUARY 14, 1978 charter and responsibilities. There are also federal funds to assist in projects of this type° It will start develop~ ment in an area where no substantial development has taken place in ten years. He is not proposing low cost housing. He explained how the materials and contractors' rates were the same no matter what the location~ Maintenance will be taken ca~e of so the area does not deteriorat~.~ He is talk- ing about a place for people to live and it will have an ef- fect on economics and the crime rate. This site presently has garbage dumped on it and with starting a project of this type, it will show the people that the area is being re- claimede With R-2 zoning, it will only permit t4 duple~ units. The land cost is too high to develop duplexes. If the area is rezoneS, a quality d~velopment could be built. It will not ~e the kind of development that is there now. This is the time to start a turn-around and it must be started some place. He does not believe it is economically feasible to develop that property unless the zoning is changed. ~. Lambert questioned the anticipated square footage per unit on this and Mr. Annunziato informed him that 750 sq. feet is the minimum. ~. Lambert questioned the require- ment for R-2 and Mr° Annunziato informed him it was also 750 sq. feet. Mr. Jameson asked if they were going to be sold as condomin~ iums or rental units and M~ Jefferies replied that the ori- ginal thoughtwas rental units, but they will attempt to sell ~ t them fzrs . He added that there would be government subsidies for the renters. Colo Trauger clarified that the Boynton Beach Housing Authority would subsidize a portion of the rent and M~ Jefferies agreed along with federal funds° Col~ Trauger asked if federal funds were ~aranteeing a loan for construction and M~ Jefferies replied affirmatively under HUD~ Mro Lambert referred to there being some problems of density on a few streets in that area and stated he thinks the pro- blem m~~ be of having too many people in too small s~u area. He does not want to create the same problem just because of HUD money. This rezoning will almost double the amount of units allowed° The R-2 zone is set up to have some open space and parking area~ With this rezoning~ it ~eans going to 50 units instead of a possible ~4 d~plexes. Mr~ ~nnunziato agreed they should be concerned~, but clarified the request was for a 44 unit housing de~lopment. He then asked how many duplexe~ could b~ built and Mr. Jefferies informed him there were ~4 duplex lots~ ~. Annunziato clarified that 28 units were allowed and with rezoning~ ~6 ~dditional units could be designed. He added that with the greater setbacks required by R~3~ there will be greater amounts of open space, but the height must be considered and he suggests discussing the plans with Mr. Jefferies. MINUTES PLANNING & ZONING BOARD FEBRUARY 14, 1978 Chairman Ryder referred to the height of the buildings planned and Mr. Jefferies informed him that a two story building was planned. N~o Annmnziato referred to amenities and .Mr. Jefferies informed him there would be a recreation area with clubhouse and if authorized, a wash house facility. He explained how it would be a manager type situation to take care of referrals from the Housing Authority and other government agencies. He explained about the government requirements and social services. ~. Annunziato stated that in evaluating the zoning currently on the land, it must be considered whether it has been suc- cessful and promoted development° Mxo Jefferies has pointed out that the zoning in that area has not been successful and not promoted investment. He has discussed this with the Planning Consu~I~ants and they have foo~d as long as the land has been zoned R~2, it has not prompted investment nor reduced the problems. Chairman Ryder added that it was also in an area in need of housing. ~. Annunziato added that he also thought the two story concept was well taken. ~. Winter asked how it could be confined to two stories with a 45 ft. height being permitted and Mr~ Annunziato replied that the harmonious design clause mu~t be considered and it would not be in harmony with the neighborhOod to have four stories~ He added that the use could not be denied, but when iyou get into the impact of a four story building in a one sto~y neighbor- hood~ that is sound footing to demand two stories. Mr. Lambert stated that he thinks we are talking ~bout den- sity as we cannot contract zone and ~. Jefferies informed him that the land under the present zoning will accommodate a 9.68 density, but it will not permit any option on devel- opment. They could only build duplexes. Duplexes would have some open space, but there would also be a maintenance problem. Chairman Ryder asked if anyone in the audience wished to speak in favor of this application. ~. Danny O'Brien appeared before the Board and explained how the cost for anything higher than two stories would be too expensive. He added that he was in agreement that they could not contract rezoning, but he thinks a condition could be placed on the petition for rezoning. ~%~. Lambert clari~ fled that he was not asking for a condition, but was trying to ascertain the maximum density allowed. Chairman Ryder asked if anyone in the audience wished to speak in opposition to this matter. Mr~ Vernon Thompson, Jr., 2535 S. W. 12th Street, appeared before the Board and stated he is opposed to this because of several points. He feels to lower the density from R-2 to -22 ~ MINUTES PLANNING & ZONING BOARD FEBRUARY 1 4, 1978 R-3 will create a slums. He advised that the building to the south belongs to him and is worth approximately $35,000~ He referred to reading about government subsidized properties across the country and stated that it works for awhile, but then the government has to destroy it~ He believes~.~to change the zoning which the C~y~oned to upgrade the area would be an injustice to the City of Boynton Beach and the people in that neighborhood. The developer is able to build, but wants to double the density. Instead of enhancing what we would like to see, to grant this rezoning would be destroying the area. When comparing duplexes to a 44 unit building, how can you s~y a slum is not being created? When low income people are jammed in, how can we be sure it will last? In reference to being needed in the area, he would like to think in the City of Boynton Beach that no area is closed to the communit~y. The people do not have to live in that area, but can live anywhere~ He told about a church being built to the south of his property with a value of $250,000~ which is re- _ocat~ng there £rom ~ a high density a~d slum area. To ke~p down the slums, he requests this zoning be denied. The developer can still build, but the density will be kept down. M~. Lambert referred to the theory of the property being zoned R~2 for several years and not sparking any develop- ment and asked why the property zoned R~3 across the street was still vacant? Mr~ ~nnunziato informed him that there are discu~sio~currently to activate plans for that property. M~. Annunziato stated he thought M~. Thompson had raised some important issues. He clarified that he did not intend to state that areas were closed to people in the City. With respect to the other R~3, it is being activated. This is a hard decision to make. It does not appear the zoning is working, but he feels strongly about M~. Thompson's state~ ~s~ Huckle referred to the same argr~ment being applied to the recent case with Dr. Simon and stated that the Board felt it would be spot zoning to make a change. There is R-3 across the street~om this particular lot, but it is small in relation to the R-2 this particular piece is part of. Due to the fact one of our arguments in Dr. Simon's case was we were not interested in spot zoning at least ~util the Comprehensive Plan is prepared, she think~ the argu- ments may will parallel in these cases. Mr. Annunziato re- plied that he agreed to a degree~ but thinks the question is different. This is referrirgto housing strategy and not the location of a doctor's office~ Mrs. Huck!e stated that there is~housing on NOrth Seacrest Blvd. that is boarded up and not being used. Co!. Trauger agreed and referred to the situation in the North Seacrest Blvd. area being created by ~23- MINUTES PLANNING & ZONING BOARD FEBRU~RY 14, 1 978 bad planning. There is a need for housing in this area. No other funding has come along and federal funds are avail- able. From the size of~ this project, he thinks the project as presented has merit to developing this area; however, this is risk~ Mr. Lambert referred to the possibility of this being re- zoned and asked how soon construction would start and ~. Jefferies informed him that they were ..h~ping the project would be completed in 15 months. Mr~ Lamhert~stated that he agreed with Col. Traugero A man is willing to develop an area not being developed at the pre~ sent time. We can designate zoning classifications with hopes that it will be developed, but he thinks he is going to lean towards allowing this to happen for no other reason tha~ the man is willing to do it~ We want to help that particular area. This is the first man who has come before us with some hope. ~. Arena referred to leaning towards it not going to work and stated we should look around the country and see tha~ it has not worked. He told about television programs showing that they last for a couple years.~and then get boarded up. Col~ Trauger told about one he was familiar with which is t4 years old and neat in every respect. M~. Arena agreed that certain ones had succeeded, but we should look at the program as a whole and he does not think it works. He thinks if the government had a way to get out of it, they would. Chairman Ryder referred to there being a lot of talk about doing some- thing in this area~ but nothing has happened. He can see where some of the people presently living in this area want to remain. He sees something laying fallow and there is need for housing. Fir.Vernon Thompson, Jr., appeared before the Board again and asked if they would gamble in their communities whether it would work? He does not want to gamble next to his pro~ perty. The City of Boynton Beach gambled on North Seacrest Blvd. It was pointed out that this was the best area to be developed and look what we have. There is a need for other types of housing other than rental apartments. If they really want to do something for the people, they should give them a combination. In reference to the economical part, it is a different story. ~e c~anot afford to gamble in the City of Boynton Beach and why gamble in this area? They should follow through what was worked out and upgrade the community to R~2 which was approved. He requests that it not be degraded right now. The property has been there for five years undeveloped, but are they willing to take a chance to make it an eyesore in years? He would rather see it remain as it is rather than have it an eyesore. ~24- MINUTES PLANNiNG & ZONING BOARD FEBRUARY 14, 1978 M_r. Lambert asked if there was any input from our local Hous- ing Authority and ~. Annunziato replied negatively. ~s. Huclale made a motion that the Pl~uning & Zoning Board recommend to the City Council that they not approve the re- zoning of this property as described on the application Sub- ~itted by Mr. Ansell Jefferies, Jr.., for the location at 710-73'0 North Seacrest Blvd. ~. jameson seconded the motion. As requested, ~s~ Kruse took a roll call vote and the motion carried 6-~ with Chairman Ryder dissenting. ~bandonment RequeMt AppliCant: Fred and Laura BenSon AND Carl and Mary Sh~i Location: Portion of S. W o 2nd Street Legal Description: That portion of S. W. 2nd Street lying between Lot 19, Benson Heights subdivi~ sion and Lot 8, Westchester Heights sub- division. Chairman Ryder read the above and requested information from [~. Annunziato. Mr. Annunziato requested the members to look at the plot plan distributed with the agenda to familiar- ize themselves with the location. He explained that it was to abandon portions of S. W. 2nd Street between S. W. 25th Ave. and the hospital. The intent would be to reduce the traffic to the hospital now detouring through this residential area. This request was forwarded to the City staff. The recommenda- tion of the Police Department is that this not be ab~mdoned. He read the report of the Police Department conducting a sur- vey showing there were ~2 to ~5 vehicles going at the traffic speed of 25 mph. This is a street used by emergency vehicles to get to the hospital. With the widening of Seacrest Blvd.~ this detour will be eliminated. The recommendation of the Police Department is not to approve. M~. Jameson questioned the span of time during which the survey was taken and ~ Annunziato informed him that it was not listed. Chairman Ryder asked if anyone wished to speak in favor of this request. ~. Carl Shuhi, S. W. 25th Avenue and 2nd Street, appeared before the Board and referred to there being a traffic pro- blem going through this neighborhood. He told about the three shifts of hospital employees using the street seven days a week, plus visitors, doctors, and delivery trucks using it also. There are approximately 50 children in this area and the traffic does not travel at a~low speed. He does not know of anyone who will speed when they see a police- man with radar. He explained how it was ~ot conducive for being an emergency route with not beir~ a direct route. He believes the hospital is in favor of abandoning this. He told about it not actually being a shortcut and not being used by the Police or Fire Departments. ~25~ MI lfJ TES PLANNi~ & ZONING BOARD FEBRUARY 14, 1978 Mrs, Huckle referred to the report submitted by the Police Department stating that abandoning this section of the street would eliminate an emergency route to the hospital and asked if quite a few emergency vehicles used this route and Mr. Shuhi replied that he has never seen any and added that he was sure if their records were checked, it would verify that they go directly down Seacrest Blvd. to 26th Avenue, M~s. Huckle referred to ambulances having regular routes to follow and ~ Shuhi agreed and Stated that this was not one of them° Chairman ~yder questioned the objectionable traffic referred to and ~. Shuhi replied that the street is used by the hospi- tal employees. Chairman Ryder clarified that the alternative would be to go to the traffic light at Seacrest Bl~d. and 23rd Avenue and stated that this street seemed to be an im- portant means of access and circulation with Seacrest Blvd. being worked on. ~ Shuhi stated that the cars are avoid- ing the light at Seacre~t Blvd. and, if traffic is going to be backed up, why sRould it be on a residential street and not the main one? Chairman Ryder stated that evidently this was a route to tlhe hospital which must be given some consid~ erationo Nobody wants traffic going by their house, but it cannot always be eliminated. He does not think it is advis- able to close a needed street~ Mr. Annunziato then continued with reading the staff recom- mendations and stated that the Fire Department~ City Engineer and Utility Director objected. The General Services Dept. did not object~ The Utilities object ~n!ess easements are granted in return. ~s. Huck!e stated that she noticed that the Fire Marshall objects on the same basis as the Police Department, but the applicant claims that emergency vehicles do not use this street. Chairman Ryder stated that there must be an alternate route to get to the hospital in, case there is a tie-up on the main route. ~. Winter told about a situation with an emergency being i~nvolved and traffic was backed up from the light at Seacrest Blvd. and he showed the people this short cut to the hospital. He is afraid he would have to vote against this request. Y~. Shuhi questioned how the intersection was blocked and Mr. Winter explained how it was caused by the traffic light and time was of the e~mence. ~. Shuhi replied that was only one example and Mr. Winter replied that it saved a child's life. M~. Shuhi stated that 50 children live on this street and there is a lot of traffic. Mrs° Huckle referred to M~. Cessna's comments and asked if the water line was insurmountable and M~. Annunziato replied negatively~ but there must be an easement. ~26- MIff~UTES PLA~ING & ZONING BOARD FEBRUARY 14, ~978 Chairman Ryder asked if anyone else desired to speak in favor. Dr. Robert Ra~rn, 301 So W. 24th Avenue, appeared before the Board and advised that he was. speaking on behalf of ~. Fred Benson, his father-in-law, and lives next door. He stated that this street was built by Me. Benson and dedicated to the City about 24 years ago, The present road connecting to it goes to the hospital. He told about this being used for a route to the hospital when it was built. He further told about construction plans at Bethesda Hospital to build a new emergency room to the east of the hospital. He pointed out that 2nd Street would no longer serve emergency vehicles and added that it is only one block long and really not a thor- oughfare in any means. Living in the neighborhood, they have watched the traffic and do not care what the policeman has said. He has seen people tearing through the neighborhood because they are late for work and knows exactly when to ex- pect them at the change of shifts. These people are not thinking of anything except getting to the hospital in a big rush. He has discussed this matter with the police force and hospital people over the last ~5 to 20 years and they are sympathetic. The administrators of the. hospital have stated that this road serves no usefu~ purpose. It was built merely as an entranceway to a man's private property. Chairman Ryder referred to people usin~ the road and Dr. Raborn clar~ ified that it was not used for emergency purposes as referred to by the Chief of Police, but as a matter of convenience for the employees. He explained how it was a round-about way to get to the hospital and clarified that it was only used as a convenience for people trying to save 200 ft. of driving to Seacrest Blvd. a~ud miss the light. He added that with Sea- crest Blvd. being four-laned, possibly 23r~ Avenue will be three lanes at this intersection eliminating the traffic problem. Chairman Ryder suggested that possibly then may be the time t~..consider this~ Dr. Raborn stated that they have asked the City for assis- tance and for assistance with the traffic problem, but they said they cannot install a traffic bump, etc. He w~s advised to come before this Board, follow this proceeding, p~f the $250 fee for the Board's opinion, but it does not solve their problem. The policemen have arrested people for speeding in the past, but they still cut through our neighborhood and the only way to stop it is to close the street. Easements will be given as requested. This abandonment is absolutely needed and the only way to correct this problem. Chairman Ryder then ascertained that nobody desired to speak in opposition to this application. ~s. Huckle referred to 3rd Street being closed in the Hi~ Point area and told how that Street was used by many people taking their children to school. This has taken place in the ~27~ MINUTES PLINN!NG & ZONING BOARD FEBRUARY 14, 1978 City on streets used more. ~. Lambert replied that he does not believe this street in High Point was submitted for depart- ment head recommendations nor by the Planning & Zoning Board. ~5~. Jameson agreed and stated that it was approved by the City Council. ~. Lambert remarked that he would love to have his street be a dead end. Recommendations have been made by people in the City being paid in their respective areas and they have re- quested this not to be abandoned. He thinks the important two people are those involved in the traffic situation, the Police and Fire Departments~ ~s. Huckle referred to the testimony disagreeing and ~. Lambert replied that it was stated in the report. F~ Arena stated that he basically agreed with Mr. Lambert. He can feel for the situation and knows traffic can become unbearable and at times get out of hand as far as safety for the residents of the area, but he thinks the main concern of the Board should be for the resi~ dents of the entire community. There are a lot of people living to the west and if the Police and Fire Departments feel this will be used as an emergency route, there is a possibility. With the construction on Seacrest Blvd., emergency vehicles may not be able to get through and may use this street more. He thinks the request is reasonable, but possibly the timing is bad. After Seacrest Blvd. is widened~ possibly the Police and Fire Departments will feel differently. Mr. Lambert made a motion that this request for the abandon- ment of that portion of S. W. 2nd Street as noted on the application be recommended to the City Council to be denied. Col~ Trauger seconded the motion. Motion carried 6-1 with ~s. Huckle dissenting. Conditional Use Applicant: Thomas Eoffey Location: 2280 North Federal Highway Project Description: Boat Sales Agency M~. ~nnunziato informed the Board that this application is presented based on the requirement for a conditional use for a boat sales agency. The conditional use requires a plan to be submitted and copies were forwarded to the members. Easically it is a p~king lot surrounded by landscaping for the display of boats and a parking lot for 12 automobiles with access off Las Palmas. He read the staff comments stating that the Building Department requires the handi~ capped requirements to be met, the Utility Department has noted that the existing building must be tied into the sewer available at Las Palmas if possible. He then explained how the requirements for the conditional use must be met as per the standards on Page 48-E of the Zoning Code. MIS~U3TES PLA~[it~G & ZONIng- BO_&RD FEBRU~_RY t 4, 1978 Chairman Ryder asked if the requirements had been satisfied and ~r. Annunziato replied affirmatively. He added that one item which might be raised would be the access from Las Palmas since there is commercial property across the street. ~. Lambert clarified that no buildings would be constructed and ~. Annunziato agreed and stated it would just be a fenced-in area for display of boats, landscaping, and addi- tional psmking for twelve cars at the ream of the building. Mr. Jameson referred to the sewer connections and M~. Annun- ziato explained that if these Buildings are tied into the sewer, it will be from Las Palmas and if it is possible with the slopes, etc. that they can tie in, then it is a requirement of this plan that they do. However, it may be impossible if the sewer line is not deep enough, there may not be enough space to afford a gravity flow. Chairman Ryder asked if someone was present to speak for the applicant. M~. Tom Boffey~ 1!35 So W. 24th Avenue, appeared before the Board and told about contacting ~7 of the 27 pro~ perty owners within the 400 ft. area and advised that they gave their apyroval. Of the remaining ten, six live out of state and he could not reach four. Easically all the people are in favor of this boat sales agency. M~. Winter referred to this being applied for about a year ago and not allowing it on the basis that a boat sales agency could not be on U. S. ~ and Mr. Jameson informed him that the previous request was for reclassification to C-4 which was denied. Mr. Lambert asked if he had reviewed the recommendations made by the department heads and ~ Boffey replied negatively and added that this was the first he had heard them. Mr. Lambert clarified that there were only two things in question: a parking spot for the handicapped and the sewer connection if possible. ?@. Eoffey replied that he would look into the sewer connection to see if it is feasible. M~. Jameson asked if he was given a choice in this matter and Mr. Annunziato replied that he had no choice, but it must be determined whether it is feasible to tie in and if not feasible, he does not have to tie in. M~s. Huckle referred to the C-3 zoning category stipulating only new boats and clarified that he would not be permitted to sell used boats and M~. Boffey agreed. I~. Annunziato added that there was a C-4 area in the back permitting this. Chairman Ryder asked if there was any opposition to this ap- plication. ~29~ MiA~3 TES PLA~ING & ZONING BOARD FEBRUART 14 ~ 1978 N~o H~rb Shubert appeared before the Board and told about dogs being kept in this boat yard to protect the boats and stated that they created a hazard° Chairman Ryder asked if the dogs were loose and Mr. Shubert replied that they were in the enclosed area behind the fence. He added that the dogs will tear you apart if you go over the fence. It is a numsance with the dogs. Also, there is a road going through from Las Palmas into the boat yard and he doesn't see the necessity for this as the people should drive in from U~ So He does not want an increase of traffic on Las Palmas or the dogs in that boat yard. I~. Lambert asked if he was familiar with the uses allowed on this property and M~. Shubert replied that he was new in the area and had not had the time. ~. Lambert stated that there are more objectionable uses and ~. Shubert replied that he did not want to object and he is referring to the dogs and access. Mr. Lambert read the various uses allowed. Mr. Shubert stated that there would be no noise from some of them. He clarified that he was just stating what was objectionable to him and he does not want the noise from the traffic and dogs. M~. Arena asked where his house was l~- cated and ~. Shubert replied that it was three houses away. Col. Trauger moved to recommend to the City Council that the conditional use for Thomas Boffey, 2280 North Federal High- way, be recommended for approval based on the criteria set forth by the City departments and the criteria for evalu- ating the standards, l~. Winter seconded the motion and the motion carried 7-0. Site Plan Approwal Applicant: Cranbrook Lake Estates, Inc. Location: S.W. Corner of Golf Rd. & Congress Avenue Legal Description: Acreage Project Description: Recreational facilities~ model homes and gate house. Chairman Ryder announced that this is a P.U.D. in the R-I~A zoning category. M~. Annunziato informed them that this is the first phase in the application. He read the staff com- ments requiring the parking lots to ~eet the handicapped re- quirements and paving and drainage pl~us to be submitted. He stated that this does conform to the P.U.D. and recommends approving subject to the staff recommendations. The members then reviewed the plan. Chairman.Ryder asked if anyone wished to speak on this matter and Mr. Art May, Construction Manager for Cranbrook Lake Estates', appeared before the Board. Mr. Lambert asked if there had been any deviation from the original plan and Mr. Annunziato replied negatively and advised that this plan ~30~ MINUTES PLANNING & ZONING BOARD FEBRUarY 14, 1978 conforms to the P.U.D. approved. ~. Lambert referred to the recommendations made by the Technical Review Board and ~. May replied there would be no problem~ Mr. Arena asked if i~there was supposed to be another gate house on Congress ~venue and M~r. M~y replied negatively and stated there would only be one on Golf Road. Mr. Annunziato clarified that this was reviewed prior-to the P.U.D. being approved and it con- forms to the P.U~D. submitted. Col~ Trauger moved to recommend to the City Co~ucil that the site plan be approved for Cranbrook Lake Estates, Inc,, lo~ cated at the S. W. Corner of Golf Road and Congress Avenue, recognizing the comments of the Technical Review Board. Winter seconded the motion and the motion carried 7~0. Applicant: DeMarco and Sons, Inc. Location: 1521 Neptune Drive Legal Description: Acreage Project Description: Warehouse ~. ~nnunziato informed the Board that this was for a ware- house in the M-1 zone on Neptune Drive. The plan meets all the zoning requirements. The staff has noted that a side- walk and handicapped spaces must be provided. The City Engi- neer required a cross section to be provided to determine drainage. The Engineer has requested that it be connected to the existing sewer subject to their inspection. Approval is recommended subject to these recommendations. ~o DeMarco, 2030 N. W. 2nd Avenue, Boca Raton, appeared be~ fore the Board. Col. Trauger referred to the kind of ware- house amd M~. DeMarco informed him it would be a book binding business. Chairman Ryder asked if he was operating in this area now and ~ De~rco clarified that he was the contractor and the company was moving in from Ohio. ~. Lambert asked if he had any comments about the requirements from the Tech~ nical Review Board and Mr~ DeMarco replied that he had no objections. Chairman Ryder referred to usually dealing with the owner and ~.. Annunziato explained that the owner re- quested M~. DeMarco to represent him. Col. Trauger asked when it was planned for construction and Mr. DeMarco replied right away~ ~. Lambert referred to the sidewalk require~ ment and asked if the other places have sidewalks and Annunziato replied that he did not know. Mr~ Lambert asked if it was required and Mr~ Annunziato replied affirmatively, but added that he believed the Technical Review Board could gi~e relief. The members reviewed the plan. Mrs. Huckle moved that the Planning & Zoning Board recommend approval of the site plan to the City Council for the DeMarco and Sons ~arehouse located at ~521 Neptune Drive subject to the staff comments, seconded by Mr~ Arena~ Motion carried MINUTES PLANNING & ZONING BOARD FEBRUARY 14, 1978 Applicant: Ist Financial Plaza - Gene Moore Location: No E~ 6th Court between Ocean Ave. & N. W, 2nd Aven~e Project Description: Reconsideration of approved plan owing to right-of-way taking M~. Annunziato referred to this being reviewed previously and explained how the plan had been altered to reflect the 30 ft. taking on 2nd Avenue~ He stated that the staff comments are basically those existing when it was approved initially. The Building Official requested additional plans for the thre~ story building. The applicant is to provide paving and ~rainage plans with elevations. The Utilities requested the existing sewer line to be extended to service the pro~ petty. The staff recommendation is to approve it as advised. The members reviewed and discussed the plan. I~. Annunziato pointed out that basically the building was the same size smd !1 additional parking spaces have been provided. M~. Arena made a motion that the plan for the 1st Financial Plaza located at ~ E. 6th Court between Ocean Avenue and N. W. 2nd Avenue be recommended to the City Council to be approved subject to staff recommendations. ~s. Huckle seconded the motion and the motion carried 7-0. ADJOURNME~T ~s. Huckle made a motion to adjourn~ seconded by Mr. Jameson. Motion carried 7-0 and the meeting was properly adjourned at 12:15 A. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Five Tapes) ~32- AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: TIME: PLACE: February 14th, 1978 7:30 P.M. Council Chambers City Hall 2. 3. 4. 5. Acknowledgement of Members and visitors. Reading and Approving of Minutes. Announcements~ communications. Old BUsiness: A. Set work-shop date: Antenna Heights 6. New Business: A. Public Hearing: (1) Rezoning. Request Applicant: Mr. S. J. Jarvi~ Location'~ 900 S.W. 15th Avenue Legal Description: acreage Project Description: to be developed under the uses permitted , by P.I.D. Request: Rezone to Planned Industrial Development District from R1-AA Applicant: Mr. S. J. Jarvis Locatlon~ 900 S.W. 15th Avenue Legal Description: acreage Project Description: to be developed under uses permitted. by C-3 zone. Request: RezOne to C-3 form R1-AA Applicant: Ansell Jefferies, Jr. Location~ 710-730 North Seacrest Blvd. Legal Description: The South half of the East half of Lot 2, of subdivision of West half of the South East quarter of Section 21, Township 45 South, Range 43 East, less the South 125 fe~t thereof,.~..~9~s 1 through 12'inclusive __Block 1,1P~lmBeaGh Country Club Estates. Project Description: Townhouse Development Request: Rezone to R~3 from R-2 (2) Abandonment Request Applicant: Fred and Laura Benson AND Carl and Mary Shuhi Location: Portion of S.W. 2nd Street Legal Description: That portion of S.W. 2nd Street l~ing between Lot 19, Benson Heights subdivision and Lot 8, Westchester Heights subdiVision. · (3) .Conditional Use Applicant: Thomas Boffey Location:' 2280 North Federal Highway Legal Description: see file Project Description: Boat Sales Agency Planning and Zoning Board Agenda Page 2 2-14-78 B. -Site Plan Approval -Applicant: Cranbrook Lake Estates, Incu Location: S.W. Corner of Golf Rd. & Congress Avenue Legal .Description: acreage PrOject Description: Recreational facilities, model homes and Gate house. Applicant: DeMarco and Sons, Inc. Location: 1521 Neptune Drive Legal Description: acreage Project Description: Warehouse Applicant: 1st Financial Plaza - Gene Moore Location: N.E. 6th Court between Ocean Ave. & N.W. 2nd Avenue Project Description: Reconsideration of approved plan owing to right-of-way taking~