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Minutes 06-14-77MINUTES OF THE REGULAR MEETING OF THE PLAhq~ING & ZONING BOARD HELD AT CITY HALL, BO~NTON BEACH, FLORIDA : 0 TUESDAY, JUNE 14, 1977 AT 7 3 P.M. PRESENT Simon Ryder, Chairman Col. Walter M. Trauger, Vice Chairman Ronald Arena Marilyn Huckle Richard Lambert F~ry Schorr Garry Winter Carmen Annunziato, City Planner Chairman Ryder welcomed everyone and called the meeting to order at 7:30 P. Mo He introduced the members of the Board, City Planner and Recording Secretary. He then introduced Mr. Gene Moore, the City Attorney, in the audience. Minutes~.~ of May, 24~ 1977 Mm. Arena referred to the next to last page, where he said he could not accept ~. Preiditsch's comments with thanks a~ corrected that he believed he said: "Why couldn't we accept ~. Preiditsch's comments with thanks". Chairman Ryder re- ferred to Page 5, last paragraph, in relation to the Lake Worth Marina Village and Mm. Reynolds referred to the previ- ous site plan and suggested that the addition of "proposed by-Mm. Edward~~ be added for clarification. He then referred to Page 8, second paragraph, last sentence, in reference to he was trying to get the Board to change the ordinance, the "he" should be changed to ~. Preiditsch. Col. Trauger moved that the Minutes of the Planning & Zoning Board of May 24, 197.7, be accepted as amended, seconded by Mr. Lambert. Motion carried 6-0 with ~s. Huckle abstaining since she was absent. PUBLIC HEARING Parcel #t - The S½ of Lot 3 and the $½ of Lot 4, Laurel Hills Recorded in Plat Book 21, Page 38 Palm Beach County Records Location - 315 N.W. 7th St. & 316 N.W. 7th St. Applicant- Robert G. Beane Request - Rezone to C-2 from R-lA Use - Per C-2 Commercial uses Chairman Ryder referred to this application before the Board previously and finally they reached the decision to recommend approval, but it was a split decision. There were discussions about whether this could be done without public hearing and those in opposition were primarily opposed to approval because of no public hearing. He then asked if there was any chanEe at this tinge in regards to this application and ~. Annunziato MINUTES PI~&NNING & ZONING BOARD PAGE ~%~0 JUNE 14, 1977 replied: no and clarified that his recommendation to the applicant was to come in for technical rezoning. Also, no letters have been received. Mr. Lambert added that the first time Mr. Beane came before the Board, it was not for rezoning but there was a dispute of the zoning line running through two homes and according to the ordinance, the Planning & Zoning Board had the authority to move that line. However, the City Council felt in this particular instance that it should have a public hearing. Chairman Ryder added that even though a line is being moved,' it is actually rezoningo Mr. Robert G. Beane appeared before the .Board and advised that he contacted the people owning the adjoining property and they have signed a letter stat¢~gthey do not object and he submitted this to Mr. Annunziato. Chairman Ryder asked if anyone in the audience wished to speak on behalf of this proposed change and received no re- sponse. He then asked if anyone wished to speak in opposi- tion to this proposed zoning change and received no response. Mr. Lambert made a motion that the Beane request for rezoning from R-lA to C-2 located at 315 N. W. 7th St. and 316 N. W. 7th Street be recommended to the City Council for approval, seconded by Mr. Arena. No discussion. Motion carried 7-0. PLATS Final Plat of Cranbrook Lake Estates S. W o Corner of Golf Road & Congress Avenue 169 Lots M~. Annunziato informed them that this. was the final look the Planning & Zoning Board will have of this plat. All the requirements have been met. It has ~en reviewed in its final form by the staff. The bond amount has been settled upon. Approval is recom~ended. Chairman Ryder stated that he understood it has been approved by the Drainage District also in regards to location of the canal and Mr. Annunziato replied this ws~ correct. ~@. Lambert referred to Lots 24-25 and 42-43 and the radius stated and asked if it was required or to pick up frontage and ~. Annunziato informed him it was the frontage design. Col. Trauger referred to there being narrov~ lots and Mr. Annunziato informed him that they averaged about 80 ft. ~ud explained that it came through as a PUD master plan rezoning and act- ually the applicant has increased the size of the lots. He added that the~ do meet R-1AA requirements. M~s. Schorr referred to the 6 ft. side setbacks and Mr. A~nunziato told about the Board working with Mr. Cogen on this and under a PUD, there are no side setbacks. However, MINUTES PLANNinG & ZONING BOARD PAGE THREE JUNE 14, 1977 6 ft. was agreed upon by the applicant and Board. The idea behind a PUD is not to be structured too restrictively. With the design, he does not think it will be a great consideration. He does not think there will be small units on these lots. Mrs. Schorr asked if they were City streets and ¥~. Annmnziato informed her they were private streets built to City standards. Mr. Lambert referred to the bottom drawing and the utility easement being shown to the building line in the rear and M~. Annunziato clarified that if it was built to the maximum setbacks, the utility easement would be to the rear of the unit, but that would be a tremendously large unit. Mr. Lambert stated that it would prohibit a pool and fence and ~. Annunziato agreed it would, but pointed out that a house Cbuld be built and a pool without encroaching on the setbacks. Mrs. Huckle asked if they would be all single family homes and Mr. Annunziato replied: yes. Mrs. Schorr questioned Tract A and Mr. Annunziato informed her it was recreation. Mrs. Huckle asked if there would be a clubhouse ~ud Mr. Annunziato replied: yes and it was shown on the original site plan, but is not shown on this plat document. He added that there would be a clubhouse, pool and tennis court in Tract A. ~. Lambert made a motion that the Planning & Zoning Board recommend to the City Council approval of the final plat of Cranbrook Lake Estates, seconded b~ M~. Winter. No discus- sion. Motion carried 7-0. ~. La~bert asked if this was it for Cranbrook Lake Estates and Mr. Annunziato reolied: yes and the procedure now is to go to Council, have the ordinance prepared, bend posted, etc. The Board is finished with their first PUD under the ordinsmce. SITE PLAN APPROVAL Office/Retail Store Complex Located on N. E. 6th Court between Ocean Ave. and N. E. 2nd Avenue Gene Moore, III, TR: Applicant Mr. Annunziato informed the Board this was an office/retail store complex located on N. E. 6th Court extending from Ocean Ave. to N. E. 2nd Avenue. Concerning the staff re- quirements, one additional handicap parking place must be provided. The Fire Department requires the addition of a fire hydrant on the existing 6" water line. The Engineering Department requests paving and drainage plans as required. The Utility Department requires extension of the existing sewer line to service the property and he explained. His com~nents are to pave 2nd Avenue and the sidewal~, as it is now unimproved. MINUTES PLA~H~ING & ZONING BOARD PAGE FOUR' JUNE 14, 1977 M~. Annunziato then referred to the history of this applica- tion and advised that when the plan was submitted, he wrote a letter to the District Engineer of the DoO.T. with respect to the location of the bridge. He read the letter received in reply from the D.O.T.'advising they have decided to locate the propose~ bridge on N. E. 2nd Avenue and listed the reasons for this decision. It also requested that the Planning & of this decision because the north required for right-of-way. They request the City Council to reserve this north 30 ft. for highway right-of-way. Mr. Annunziato informed them that the exten$ o£ damage to this plan would be to lay fallow the north 30 fmt. of the project and actually the building line would ha~e to~be moved. Chairman Ryder then called on the applicant for his statement. ~. Gene Moore, 640 East Ocean Avenue, appeared before the Board and distributed additional visual aids, photographic studies of the proposed model. He introduced Mr. No,bert Adair, the Technical Assistant. He then told about some changes from the model shown as a result of conferences with the City Planner. He added that he thinks this is something Boyn~on Beach has needed for a long time. Chairman Ryder agreed the inner-city and downtown business area should be built up. ~ir. Moore continued that there will be westward expansion, but people will be coming downtomm to go to the beach. He added that they have cooperated with the City in every regs~d and have added extra parking, landscaping, eliminated ~uuits, etc. He stated that he agrees with every point Mr. Annunziato has made with the exception of the last recommendation. They stand ready to comply with the existing ordinances. Mr. Moore then stated that the background on the bridge situ- ation came to light at 10:00 A. M. this morning and he still questions whether they are going to put the bridge at 2nd Avenue. He told about conferences still going on with the businessmen about the Ocean .~_venue bridge. He referred to the 15ih Avenue interchange and how it was handled by the D.O.T. He believes he should be given the right to proceed as long as the ordinances are complied with. if 30 ft. must be taken-off this plan, it would cost four units which would cause detriment to the plan. The DoO.T. only has to file an order to take the land. He questions the legal position of the D.O.T. placing the property owner in the position of not using his l~ud according to the ordinances. Thousands of dollars have been invested in tests, architect, etc. He sub- mits it is. not on a~sound basis for them to knock out the feasibility of proceeding. This is the only objection he has. MI~$ PLAN~TING & Z0hTING B0~RD PAGE Fr~E J~ 14, 1977 Chairman Ryder referred to the D.O.T. having hearings in re- gard to the location of the bridge and when the 2nd Avenue approach was discussed, it entailed the taking of the Boynton Motel, so this should not come as a complete surprise. Mr. Moore replied that it did not come as a complete surprise, but he doesn't think their legal position is sound. As late as last night, he heard they were going to defer the decision for another two years. It keeps seesawing back and forth. Today they say this isCthe final plan and he questions it. He does not think it is right when a local project is sub- mitted to dilly around and wait for them. Mrs. Huckle referred to the project going from Ocean Ave. to 2nd ~venue and asked if the bridge were changed to Ocean Ave. would he suffer any loss and Mr. Moore replied: no, it would not affect the la~d in this a_rea. M~. ~Lambert referred to previous experience with the D.0. T. and asked what would happen if approval was given to the plan? Does the City have to notify the D.O.T.? He does not think M~. Moore would want to pomr footers ~ad then have the D.0. T. take the property. Mr. Moore informed him that his projection was to get this matter through the administrative procedures as soon as possible and have occupancy by October. They have commitments from the builders and banks. The con- cept is' going to be an office condominium and they will sell office space to the owners. He intends to go ahead as quickly as possible. Mr. Lambert questioned the response of the D.O.T. if the City approved the project unless they want to go in and ts~e the land and M~. Moore agreed this was his approach and they should take the land and not just issue a letter. He thinks this would push them forward and file the taking. In that event, the plans would have to be altered if financially feasible. If it is deferred, he thinks it may be another two years before they make up their~minds. The property owners have certain rights which the City is to abide by. He thir~ks the courtesy of waiting for another governmental agency to make up their minds is depriving the owners. Mr. Lambert stated he did not think the letter could be ig- nored and possibly the City Council should notify the D.0. T. M~. Moore replied that this would put him in a position. He added that there was a clear cut precedent establish~ in this case with the High Point case. D.O.T. was plea~ed with then to take the property and they said just don't give the permit. It cost the D.O.T. $3,000,000 for that taking. Mrs. Schorr referre~ to the letter stating that the D.0.T. has "decided" and asked if it meant it was true and Mr. Moore replied that he did not accept that and it is official when they take the land. MINUTES PLANNING & ZONING BO~RD PAGE SIX JUNE 14, 1977 Mrs. Ec'horr referred to working in the Building Department when High Point went through and the High Point situation was discussed. Chairman Ryder advised that sent with the letter wasa right- of-way map, which is not official as yet. He explained that formal adoption was required and a move in condemnation. Mr. Arena stated that it seemed to him that the Board is off in a different direction. ~He would tend to think the deal between the City and the D.O.To should be done on the level of the City Council and Mr. Kohl. A set of plans has been submitted and as an advis~ory Board, they should advise whether to acceptor reject this plan. The bridge is nothing new. The D.O.T. has taken no action to put it there. This letter does not say anything. Chairman Ryder disagreed and stated that it puts us on notice and he doesn't think it can be treated lightly. We can recommend denial to the Co~mucil and suggest that the City move to have the D.O.T. come up with a final right-of-way map and move in the direction of taking or could go the other way. However, they know there is a possibility of change in approving this. They can suggest action which will bring this to a head. In all fairness to ~. Moore, that is what should be done. He believes this is very worthwhile and would like to see it move along, but does not intend to treat the letter lightly. Mr. Annunziato then read his letter sent to the D.O.T. advis- ing that these site development plans would be reviewed by the Planning & Zoning Board on June 14 for recommendation to the City Council ~d the City Council is scheduled to act on June 21. He requested the D.O.T. to respond officially on this matter in relation to the proposed bridge. Mrs. $chorr asked if the Board could approve these plans with the stipulation to await a reply from the D.O.T. and ~. Lambert questioned how long would it take the D.O.T.? Mr. Moore informed him that the D.O.T. could file the taking tomorrow morning. Mr. Lambert asked if it would be reason- able to put a time stipulation on it, so the D.0.T. would have to file for taking or back off as it could be strung along for years. ~s. Schorr referred to having the setback on Seacrest Blvd. for years, but it still has not been widened. ~. Moore stated if the Board defers this or fails to approve it, he does not think they are applying the ordinsnce and are taking a property Owner's rights. He added that two other right-of-way maps had been submitted, shewing the bridge at Ocean Avenue in two sizes. Chairman Ryder stated that they do have something timely and he believes they should pay attention to it. If this is denied, he would suggest that it be on the basis that the City put pressure on the D.O.T. and request them to come up with MINUTES PI~NNING & ZONING BO~RD PAGE SEVEN Jb~E 14, 1977 the final right-of-way map. Col. Trauger replied that posi- tive action could also be taken with approval of the site plan and notifying the City Council to inform the D.O.T. that the site plan has been recommended for approval and give the DoO.T. two weeks to reply; otherwise, it could be hung up for years. Chairman Ryder agreed they should give a time limit. Mr. Lambert questioned how they could deny a plan meeting the code and ~. Moore agreed and stated he was willing to meet every requirement. Mrs. Huckle stated that it seemed the risk was more of M~. Moore's than the City's. She agrees with M_~. Lambert, but still they have the warning from the D.O.T. She cannot see how they can do anything but approve the plan if it meets the requirements. She thinks it should be recommended for approval and ~s. Schorr agreed. Col. Trauger asked if two weeks was a reasonable period and Mr. Annunziato informed him that the Council was expected to act next Tuesday. Mr. Moore stated he assumed the D.O.T. would know tomorrow morning and would still have a week be- fore the Council meets. He does not see how they have any alternative in light of the precedent established. He knows there will be a bridge probably one place or another, but the last he heard is that they were not going to act for two years. Chairman Ryder stated he was concerned whether it was going to go in this location and if the D.0.T. was prepared to acquire the property. Mr. Moore stated that they could do it whenever they chose and at that point, the plans would ha.ve to be changed. M~. Ann~uziato referred to the plans to have this project completed by October and asked if it would have a detrimental effect on the existing buildings if the D.O.T. comes in the future and takes the 30 ft. ~ud M~. Moore questioned what was the answer - wait until the D.O.T. makes up their mind? He wants to Proceed with this and if the property is taken,they will adapt. The worse thing which could happen would be to change the plan and then they decide not to go with 2nd ~ve. Mrs. Huckle asked if he owned the land personally and ~. Moore informed her it was under contract. Chairman Ryder referred to proceeding with the building and how it would be expensive for everyone. He referred to build- ings having to be moved at High Point and stated this is some- thing they would like not to happen again. ~. Moore replied that'~the ~O.T was solely at fault then ~d is again now. All the D.O.T. can draw is a straight line and he thinks this Board and the City Council should determine where this bridge is going to go. He understands this will t~e most of the Boynton Motel which will probably be an aS~tronomical taking figure. The sewer lift station was also mentioned. There is no improvement at all to the north of this alignment and possi- bly would only have to take the bar at the shopping center. MINUTES PL~NNI~G & ZONING BOARD PAGE EIGHT J~E 14, 1977 There is a good probability that the City will have to bess part of the cost. The City should look into re-aligning it just a few feet to the north and not wipe out the Boynton Motel. They should not take the word of the D.O.T. and sit back. They must consider re-aligning it. They discussed further the possibility of moving it to the north. Mr. Lambert made a motion that the Planning & Zoning Board recommend that the City Council approve the site plan for the Office/Retail Store Complex subject to the Technical Review Board recommendations and further recommend that the City Council notify the D.O.T, that permitswill be issued and the project will proceed unless the D.O.T. starts con- demnation proceedings against the 30 ft. Mr. Winter'seconded the motion. Under discussion, Chairman Ryder asked Mr. Moore if he was ready to request a building permit and ~. Moore informed him that he would continue going through the normal proce- dure within two weeks unle~ the D.O.T. acts. They discussed whether it was necessary to stipulate a two week period and after a lengthy discussion, it was agreed the motion was satisfactory as stated and the D.O.T. would be put on notice to do something quickly with the project proceeding. ~s. Huckle requested Mr. Annunziato's comments and Mr. Annunziato stated that in his opinion, the applicant has complied with all the requirements of the ordinances, but a prece~en~has been set by the High Point taking and he is a little uneasy about approving the plan on land where the~e is potential to be a right-of-way. If there is going to be a bridge, it will have a tremendous effect on the traffic pattern. Mr. Lambert stated that if the D.O.T. starts con- dentuation proceedings, the permit will not be issued on this plan and if the plan is changed, the Board will see it again. They further expressed their opinions of the effect of the letter. After further discussion, M~s. Kruse took a roll call vote on the motion as follows: Mr. Arena - Aye ~s. Huckle - Aye Mr. Winter - Aye Mr. Lambert - Aye M~s. Schorr - Aye Col. Trauger- Aye M~. Ryder - No Motian carried 6-1. MINU~S PLANNI~G & ZONING BOARD PAGE NINE JUNE 14, 1977 M~. Moore thanked the Board for taking affirmative action rather than negative. Mr. Annunziato stated that as a point of clarification, he does not think they would have to take the entire Boynton Lodge. He explained how the approach would be based on the location of 804 to the west and the intersection of the four lane highways. Mr. La~oert questioned the status in Ocean Ridge and ~. Annunziato replied that it would come next to the parking lot. Mr. Lambert asked who owned the property and ~. Winter replied that it was in c~nflict between Ocean Ridge and Boynton Beach. M~. Annunziato then stated that he asked for official noti- fication from the D.0.T. and this is the letter he received. M~. Winter asked if ~ considered it official or a letter of intent and Mr. Annunziato replied that it was signed by the Project Manager. He added that ~@. Moore's plan was good use of the ls~ad though. Mr. Lambert co~ended Mr. Annunziato for sending the letter and bringing it to atten- tion. OTHER BUS Ih~ESE M~s. Huckle referred to receiving a copy of the minuteS of the Local Planning Agency Meeting and asked if they required approval now and ~. Annunziato suggested that they could be approved at the next meeting. M~. Arena asked if it would be possible to consider at the next meeting the possibility of making a resolution among the Board members regarding the qualifiCation of votes. He added that he was aware there has been a tendency on all Boards to state the reason for the vote. Mr. Winter agreed it was done if necessary and Mr. Arena replied that he would like not to do it. Chairman Ryder asked why and Mr. Arena replied that he feels in some cases it can sway the thinking of the Council. The person voting against has the opportun- ity to qualify voting against and it stands out when reading the minutes. Mrs. Schorr replied that this was the purpose and Chairman Ryder added that the Council does this. ADJOURNMENT Chairman Ryder ascertained there was no further business and declared the meeting adjourned at 9:00 ~P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary ( ~ o Tapes)