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Minutes 11-23-76 MINUTES OF TH~ REGULAR ~ETING OF ~qE PLANNING & ZONING BOARD ~i~ ~T CIT~ HALL, BOYNTON BEACH ,' Fi,~IDA PRESENT TL~SDA¥, NOVE~ER 23, 1976 AT 7:30 P. M. Joseph T. Keliiy, Chairman Carmen Annunziato, City Planner Richard Lambert Simon Ryder Garry Winter ABSENT ~ed Kostner, ~ice Chairman (Excused) Louis Reiser Otis Walker Chairman Kelly!welcomed everyone ~nd called the meeting to order at 7:30 P. M. He introduced the members of the Board and the City Pi[anner. He announced they wou!d proceed with the Public Hearing scheduled at 7:30 P. M. N~,~ BUSi~SS PUBLIC HEAR I~G~ Rez onin. g Revue The West Section, Recorded ~ Palm Beacl Location ~pplicant Request Use Chairman Kelly Leisurevii!e o~ added that anyh be mmmtem and floor load limi Chairman Kelly to please come ~.~. E. D. McArt S. W. ~9th Driv to him by ~. R two points. As posal as reques ~76.87 feet of Parcel A, Plat of Tenth ~lm Beach Leisurevi!ie .n Plat Book 30, Pages 129 thru 141, County Records N. E Corner of Intersect_on of S. W. 22nd St. and S. W. 15th Ave. "Leisureville Professional Plaza" - Enrico ROssi~ - Rezone to C-1 from R-3 - Medical and Professional Offices read the above notice, He announced that the ficiais had given him a list of speakers. He ody may speak, but requested that the number explained how there was a problem with the t. then asked anyone in favor of the application forward and state their reason. bur stated his name and his address as 1604 ~. He stated that the proposition as presented ossi requesting rezoning from R-3 to C-1 raises a point of information, he asked if the pro- ~ed was defeated, it is his understanding that MINUTES PLANNING & ZO~iI~G BOARD PAGE ~0 NOVE~'~ER 23, 1 976 the zoning of man Kelly repi with referring Subsections C tion after sev New York State motels, hotels attendant nece S. E. 15th Ave He pointed out ton Beach whic tioned are the told tha~ the tion to the Ci R-3 throughout that this was this recommend sequent to thi on that ordina these two subs cretions of th they may or ma this was corre was on the bas should allow~ a what he belier ization and C- ience expresse Chairman Kelly sive uses. M~ homes were inc the basis in h simply the cho the constructi benefit to the R-3 as it stan trict with the which he stron Therefore, whe land, he is fo would be for t ing ~esidents. Mr. Enrico Ros Whispering Pin was President that the petit for rezoning i business partn like to go ove the land in question will remain R-3 and Chair- ied that this was right. I~. McArthur continued to the Zoning Ordinance, Page 22, and read ~nd G. He advised that he was asking this ques- ~n years of experience on the Zoning Board in He referred to the oermissive uses stating rooming houses, restaurants, gift shops and ~sary operations being permitted on S. W. and aue, Route 1, Congress Avenue or 2nd Avenue. that there are many spots in the City of Boyn- h are zoned R-3, but only on these streets men- se uses permitted. He has been informed and Planning & Zoning Board has made a recommenda- ty Council that these ite~ be deleted from the entire City and Chairman Kelly replied might. ~. McArthur questioned the status of ~tion and M~. Annunziato informed him that sub- s public hearing, a public hearing will be held ace. M~. McArthur clarified that at the moment, actions are still in R-3 and subject to the dis- e Board tonight and action of the City Council, ~ not be removed and Chairman Kelly replied ot. ~. McArthur continued that his judgement is that they were included. He believes they portion of this property to be converted to es to be a perfectly legitimate service organ- is specified as a medical complex. The aud- their ~isapprovat. then read the definition of C-~ and the permis- ~Ryder pointed out ~2aat nursing and convalescent uded in this category. Mr. McArthur stated that is own mind for support of this application is ice between two alternatives. In C-~, it allows on of services and operations which would be of surrounding neighborhood. The alternative is ds now, but would ~till be m multi-family dis- possibility of motels, hotels and restaurants, ~ly objects to in a residential district. a it comes down to a choice in the uses of the rced to conclude that the best use of the land ~ings which.would be of service to the surround- si stated his name and his address as 625 ~s Road, Boynton Beach, and advised that he of Rossi & Malavasi Engineers, inc. He stated ion filed before the Planning & Zoning Board s for a parcel of land owned by himself and hi~ st, Mr. Malavasi. He stated that he would first ~ the concept of the plan and then have his architect, ~k~. Menendez, explain further. Mi!\rUTES PLANNING & ZONING BOARD PAGE THREE NOVE~t~ER 23, 1976 ~J~. Rossi first showed a location p~an and pointed out the major roads. He stated that Woolbright Road has an inter- change at 1-95 and goes to A1A and ultimately will go to Jog Road approximately ½ mile east of the turnpike. It is a 120 ft. right-of-way calling for four lanes and will ui- tim. at~ly be siR lanes. The average daily trips will ap- proach 30,000 by the year 1990. ~. Rossi then showed a vicinity Dian and pointed out Lei- surevi!!e and the area roads. He pointed out that the pro- posed rezoning parcel is located abutted on the east side of S. W. 22nd Street extending 7?6 ft. to the east. It abuts the north side of 15th Avenue. The north side of the parcel is an 80 ft. right-of-way for the canal. He'a!so pointed out the lots located within ~00 ft. of this parcel. He pointed out that they were only petitioning for 776 ft. to be rezoned located in a ~ C-2 and C-~ zo Mr. Rossi then tion as it wou bit along with buildings at L these for info Menendez to ex M~. Menendez s tered architec ~lex in West ~ project accord fessionai busi related profes frontage. The of the propert ing in the cen line. He poin road, it will builder's conc a one story bu will be a two lng a~d all ac need services from any direc of the complex able to have a They have cres key uses and n will create a treatment than areas in Boca] scape treatmen arcel 1850 ft. long. He then pointed out the nes in this same area. showed a colored rendition showing the eleva- id appear. He added that this particular exhi- three others were posted in the recreational eisureville. He asked Mr. Pittman to display rmationa! purposes. He then requested 1~. ~iain further as he had prepared this concept. ;ated his name and advised that he was a regis- t with his office located in the Forum Iii Com- aim Beach. He advised that the idea in this ing to C-~ was to develop a complex for pro- nesses like architects, doctors, dentists and siona!s. The land is narrow with a lot of y plan to put the buildings in the extremes y surrounded with landscaping and have park- ter with a buffer of 20 ft. between the property ted out the substantial green area. From the look like a complex in a park setting. The spt is to develop by phases. Phase 1 will be i!ding with 7,500 sq. ft. The second phase story building creating a court with iandscap- ~ess from the court. The people in the ~icinit~ sf such a complex and will be able to walk in tion. The last phase will be the :deve!opment in the other extreme. He thinks it is prefer- park in the front and. parking in the back. ted a landmark in the areaaand these s~e !ow st like a motel, hotel, or nursing home. They buffer area from the street with providing more required by the City. He referred to similar ~aton. He stressed how there would be land- t in front of the buildings. MINUTES PLA?~I~ffT~T~- & ZONING BOARD PAGE FOUR NOVE.~ER a3, 1 976 A member of th? audience asked how many offices were planned and IrK~. Menendez explained how this would be determ_nem~ i ~ by the sizes of t~e offices. A member of the audience asked how close this would be to the canal and ~. Rossi informed him there~va~ a~ ~9 ft- canal right-of-way in the rear, the houses are_ser oac~ 1~ ft. and C-1 requires a 20 ft. setback. A member of the audience disagreed and Mr. Rossi reoiied that the right-of-way of the canal as recorded in the ~fficial re- cord books is 80 ft., but the actual ohysical canal is 40 ft. Mr. ~nnunziato added that a sealed s~vey had been submitted showing the cabal with an 80 f~. right-o~-ws~. A member of the audience asked if there was anything in the City ordinances requiring a developer to maintain shrubbery after planting it aha Chairman Kelly replied that the Commun- ity Appearance Board enforced the maintenance of plantings. The man asked for how long this was enforced and Chair~.~n Kelly re~ested the City Planner to reply. Mr. Annunzia~o referred~~o th~se conversations possibly being ore-mature ~s the~ are,ta~king about a site plan as o~po~e~ to rez~ing. ~e exp±ainem how the site plan submitted mu~t be maintained. ~he Zoning Ordinance would provide for enforcement of main- ~,nance' Cham~man. , ~.elly a~ded~ ~ that thms situation was cove-re_8 o~ the Zonmng 0rdmnance and enforced by the Community Aopear- ~n~e Bom?d. H~.explained how the CommUnity Aopearance ~oard naa a suo-comm~ttee to take care of th~s. - M~. Rossi~!requested to continue with the o~esentation and stated~that as the owner of this parcel of land, they are going to develcp it in some way. It is R-3 and can be deve- loped into apaztments. The R-3 zone does permit ma~imum building coverege of 40% of the land area and four stories high. These t~o things he thinks could possibly spoil that land. The proposed plan shows a coverage of 17.7% and is two stories high. He has talked to people about this and they have referred to the Zoning Regulations not having a provision for site plan approval, it means when someone comes in with a beautiful plan, there is no telling that he is going to do what he says. He is hopeful that one day this will be re since people ha question about There is no pro nants because t it. Because of vi!ie, they wou nants and reach Associations sa covens_uts on th as it will take will be the fir quired. In view of this lack of control and ~e apprehensions about C-I, then there is the someone imposing deed restrictive covenants. ~ision for him to make deed restrictive cove- here are no provisions for the City to enforce this parcel of land being nested in Leiso~e- !d be willing to draw up the necessary cove- an agreement with both the North and South ling they will build it that way and put those £s land. They have presented it in phases time to fill the offices. The architect t to move into an office. MII~YJT~ES PLANNING & ZONING BOARD i~07E~ER 23, 1 976 Chairman Kelly asked if anyone else desired, to speak in favor of this request and received no response. He then asked if any members of the Board had any questions. ~. Lambert r~ferred to the Planned Unit Development of Lei- surevilme first establishing this property as R-3 and ~. Rossi agreed it was zoned R-3 in 1969 or ~970. ~. Lambert rated ~hav a~ that tmme R-3 permitted general commercial business offices and ~. Ross~ agreed. Mr. Lambert stated that mu!ti-~a_ $ity~ office and~ mote~s_ wer~ the ~efznm~mon. ''' . of R-3. He aske~ if it was true that he could obtain a build- ing permit tomorrow for a hotel or motel and M~. Rossi re- plie~tthat he believed he could, t'~. Annunziato added that a site plan review would be required. Mr. Ryder referred to a chsmge of plans taking place as far as the o was concerned. Apparently the intention in Section 10 to utilize this strio as two story apartments similar to th~ north side and ~. R~ssi questioned what he based this on~, Mr. Ryder replied that when this was zoned R-3, he be!ie~ es thed~eve~oper~ had this in mind and ~. Rossi replied that the conceptual plan came out, he thinks they had in .nd that the strip of land along Congress Ave. would be story apartments. They were going to use this land for r R-3 permitted. Mr. Ryder stated that ~s~_u_nd~r~tan~.ing w~s t_hat this would~ be developed in two ory aparvme~vs. ~. i~ossi statedttnat some people say this was supp6sed to be quadro-plexes a~d others say two s~t~r~y~apartme_~ts, but he doesn't know w~re t~is information ~am~ ~rom. 15 is zoned R-3. ~h~. Ryder refer~ed to one meveloper building two story apartments in R-~ and Mzr. Ro~s' agre~d anm aaded ~hat th~s was by choice. M~. Rossi referred ~? the ~confu?~on~ and stated that he didn't think the R-3 on ~ne porvion oy the canal and 15th Ave. lied in the realm of the Leisureville Community Association nor in the realm of ,t~he~ ~ Boynton W~st Association._ They.~ourchase~_ ~ th~s_ iand ~rom ~ tn~ developer. A me,mber of the audmence asked when and Mr. Rossi replied that iv had nothing to do with the appl~c'ation but he dim furnish Mr. Kimbrel! with a copy-of' the de~1 show-' ing the date. M~. Ryder then referred to not hearing yet from the peopl from them and Chairman Kelly request to com ~. Arnold Fas S. ~. 14th Ave f ~ oz almost fou ~S ~ ' ~ ~ soc~atlon o~ to the subject behalf of the e opposed to this request and suggested hearing then soliciting questions from the audience. then requested the people opposed to this e before the Board. ano stated his name and his address as 2093 hue. He advised that he has been a resident r years and is the Co-Chairman of the Pr_operty Leisureville. His property is closely located area. He has been designated to speak on Property Owners Association. He explained how MINUTES PLAN~i~ING & ZONING BOARD PAGE S IX NOVEMBER 83 , 1 976 the Associati the sole purp for rezoning people in Lei in keeping an. From all indi }n was formed and was an Ad-Hoc Organization for )se of considering or.disc'ussing any attempts :arts of Leisureville. He explained how the ~ureville took great pride and were interested ~aduit community for residential p~poses. :ations, most of all the Leisurevilie residents are opposed t} any rezoning in the community and wish that the community beileft as originally eresented. It was pre- sented as an adult community for rest-dentrOl ~ur~oses only. He referred to the reasons vnat the peo-ole bought themr homes in LeisUreville and stressed the ~mportamt fact was ~ i~ ~ ~ ' ' t~at was a como!e~e ad~ult f c~l!t ..... y. The subject parcel was acce.oted ~s 9-3 with assurances of one sto~y quadropiex homes. 90 gr~nt this request, would start a cancerous effect with s~ot zon~ng. The inclusion of any ousmne~s or profes~ siona! use in any part would have a deeP.manta! effect on the community and ~ · ' ~ower property values. To grant a petition to rezone would ~pen the door and invite other~petitions to re- pone. in theirs}community. There are no shor~age of s{.tes for ouslnes~ or p~ofessional purposes. He then submittem a peti- tion signed by 8,89~ ~roperty owners. He added that he ~.;as confident mo[$ p$o~ie~wouid be uresent if there was more' available sp=¢e. He then read %he contents of the petition. He then stressed their o~position to this petition and re- questedtthe B~ard to deny it. Chairman Ke!!~ had been noti~ mailed and re~ and no respon~ Mr. Hom~'~rKim~ S. W. ]9th St~ Board of Dire( of ~ne ~to_~d~ could add to } and a few obs~ sider. Land behind which about the sro depression an~ which could n{ lng and to ov~ as during the this so the c{ Mm. Angeio Sez · S. W. 14th Av~ ments in oppos items which we in reference t fled that the ciuded office~ advised that the property owners within 400 ft. !ied by mail. He stated that 96 letters were ~ponses were received from 18 people objecting :es were received from 78 people. ~reli stated his name and his address as 503 ~eet. He advised that he was a member of the '.tore and counsel for the Board being a member ~ Bar. He stated that there was not much he ~. Fasano~s presentation. He has a few remarks ,rvations which he thinks the Board should con- :se planning and proper zoning is the fortress ~eopie like these should be defended. He told 'es a.~.d business empty and vacant during the · how commercial was overbuilt in com~un~tmesTM ~ ~ ' ,t support it. The econo~g is not very promis- rbuiid now would put them in the same pesition depression. It is up to the Board to protect untry can remain stable. acuso stated his name and his address, as 1911 hue. He stated thatbefore submitting his com- ition, he would like to clear up a couple of re said. He referred to Mr. Lambert's remarl~ o the R-3 zoning in 1965 and Mr. Lambert cia~i- original PUD under the definition of R~3 in- and motels. Mr. Seracuso continued with MINUTES PLANNING & ZONING BOARD PAGE SEVEN NOVEMBER 23, 1976 referring to the new zoning map and regulations being passed in 1975 and everyone had a chance at that time to comment on the new definition of R-3. He then stated that the deed is dated April, 1976, and Mr. Rossi just recently acquired this property thds year. This clarifies the questions raised. Now~ the basi~ for his objection to this appl%cati~n is that the applicatidn should have been submitted in a dixferent format. The application has given no reasons for requesting this rezoning. He understands this piece of property was included in the Leisurevi!le PUD and this should becconsidered an amendment to the PUD and should give reasons and the effect of the change. The regulation which he believes is applicable to this application is Chapter 31 of the City Code d~ting with PUD. He then read Paragraph 31-1~I). He stressed that any changes to co~merciai~uses within a PUD must serve the needs of the i~m~edi~te residents and not outsiders. He then referred to Ordinances 68-19 and 68-24 also applying to th~s. One of the exceptions was to reduce the setback from 15 ft. to 5~ft. and who ~rote~ts the public? He then asked who sent out ~he notices to th~ residents On the south~de? They must defi- ni~e!y consider why they want to rezone. He objects to this personally because it w~s not submitted as required by regu- lation. Mr. Homer Kim~rell appeared before the Board again and stated that he had received the deed from ~. Rossi. The land in question was ~eeded by Boynton West Development Corp. to Roger G. Saberson, Trustee on April 16, 1976. There was ~ubsequently an agreement between Mr. Rossi and Mm. Malavasi between Mr. S~berson for the purposes of developin[ the land in question. ~. Rossi and M~. ~alavasi are refer~ed to in the agreement as co-tenants and actu~lly are the owners and Mr. Saberson holds it in trust for them. Mm. Lee Levit, 14th Avenue. the people in it was on the the canal. H~ anything abou~ showing one si stated that h~ that the yel!~ Mr. Levitow c] story, but we~ part of the s~ in Parcel A i~ questing rezo~ 1,100 feet to~ and the exist~ C-2. He does but probably tween two com~ ~w stated his name and his address as 2078 S. W. He stated he thought it was important that when Sections 8~ 9 and 9A were sold their properties, basis of apartments being on the south side of referred to Mm. Rossi not being able vo recall apartments. He would like to show a sales plat ory a~rtments in the affected area. Mm. Rossi thinks the people are getting the impression ~w sales plat shows one story apartments and .arified that they didn't think they were one ~e apartments. It is a recognized condition as ~les plat. There is approximately 1,800 feet ~ R-3. A petition was cancelled last July re- ~ing to C-3. They havekheard nothing about the ~ight which is in between this requested parcel ~ng C-2. It will be right in between C-t and not know what is going to happen to that land, ~omeone will say they cannot put apartments be- ~ercial zones. MII~2TES PLA~LNING & ZC M~. Albert Fu S. W. 13t!h Te people had re sure these 96 wanted to poi A member of t people did no formed, him th ~.~. Lambert ~ and a man re canal and did NING BOARD PAGE EIGHT NOVEmbER 23, 1976 ria stated his name and his address as 2089 trace. He referred to the statement that 96 ceived notices and advised, that he was quite were listed on the petition filed. He just nt out that actually the 96 had responded, he audience disagreed and stated that many t receive the letter and Chairman Kelly in- at this was taken care of by the City Clerk. mestioned if they lived within the 400 feet lied that he lives across the street from the not receive a letter. Mm. Lambert stated he thought it wa~ important that people living within 400 feet get notification on this. There was some discussion about this and then ~. Annunziato requested anyone who did not re- ceive a letter to contact him at his office and__eh would check into it. Chairman Kelly ascertained that nobody else desired ~o speak in opposition and opened the discussion to the Board members. [~Ir. Ryder sta~ed that he feels a major concern of the members of the Board ~s the concern of the peoole involved. He does not think the~ have to belabor the number of people notified. They are talking about the community and the impact is felt by everyone ia the community. He thinks they havetto concern themselves with how the people in the area mn ~hms~"communzty feel about this. The petition submitted with over 2,000 sig- natures indicates how they feel. if they were to deny this, they would be consistent with what was done a short while back on the south end. At that time, many people were in- voived and interested and professional people said there was no need for aiditiona! commercial space. There is so much co~rmmercial ar~a presently zoned to permit subject use. He thinks it is ,~pparent as to how he feels. ~. Winter st~ted the only thing he woul5~ like to bring out is if they de: thing. He ca: He wonders if sented or a f. that they had 'told there is sider the eff, The Community over this pos~ made as a thr~ he could do ti referred to M~ nants e×actty under R-3, it referred to ~ lng many acre~ ~y this, ~r. Rossi can use the land for some- ~ put up four s~ory condominiums on that property. the people wou±d prefer something like pre- ~ur story condominium. Mm. Levitow replied considered this possibility. They were also a committee that does ~ave the right to con- ~ct of anything detrimental to the neighborhood. .Appearance Board does have some jurisdiction ~ibi!ity. ~.~. Rossi's statement was o%vious!y ~at. M~. Winter replied that the point is that ~is or could sell it to another developer. He '. Rossi's statement that he would put in cove- how he would develop it under C-I; whereas could go to four story. In reply, ~. Levitow · . Rossi and Boynton West Development Corp. hav- of land in the process of being developed and 'T ~ M_N~J TES PLANNING & ZONING BOA.RD PAGE NI~ NOVEi~'~R 23, 1 976 mt would, ce ho have this othe Winter replied Board had the condominium an mitted by zoni their chances they will figh Mr. Rossi requ realistic that lop it. Devel. sell it. He h of use to the.; 17.7% and two the community. they realize t~ ference to the developed as ~ four stories. Chairman Kelly application. Mr. Lambert re a co~aercia! c ing condition They must take is 10.8 per ac~ would be requi~ hearing, they Chairman Kelly merit regarding referred to Dec and announced the public heaz M~. Ryder stat~ sure the people in going from z ing. Chairman ~@. Ryder made recommend to t~ rezoning the We Section, Palm 5 of S. W. 22nd S M~. Winter seco Kelly stated he rribie tactics to do this. Also, the City does committee that would review the request. ~. that he did not think the Community Appearance ~ight to ~ject an application for a four story only review the landscaping on something per- ag. ~. Levitow replied that they would take on Mr. Rossi's integrity snd if he does it, it with every means possible. ~sted to reply and stated he thought it was he could not hold onto the land and not deve- )pets have been asking to buy it and he must ~s presented what he thought would be something ~ommunity. He has shown a building area o~ ~tories. He planned medical offices to serve In reference to his integrity, he is sure ~is plan will be developed like this. In re- plat showing apartments, etc., R-3 can be ~ovided for in the regulations and that is now declared the public hearing closed on th~ ~erred to the feeling being apparent based on mcept. They must consider R-3 in its exist- ~nd rental complexes could be put in there. a look at all the possibilities. The density 'e. Approximately the same amount of parking ~ed as for commercial. Before the next public ~ust make absolutely sure of the alternatives. reau~stem the City Planner to ms3~e the announce- the next City Council meeting. Mr. Annunziato ember 7 being the date of the general election he City Council would meet on December 8 and ing on this would be postponed until then. d that in regard to what may happen, he is considered this who have signed the petition. esidential to commercial will cause downgrad- Kelly agreed with these comments. a motion that the Planning & Zoning Board e City Council the denial of the request for st 776.87 Feet of Parcel A, Plat of Tenth each Leisurevilie, located at the N. E. Corner treet and S. W. 15th Avenue, from R-3 to C-1. nded the motion. Under discussion, Chairman agreed with this recommendation and it was the way to settle the question. He does not think it is their concern what may go in there in the future. He thinks the people have expressed the opinion that they want to take a chance. Motion carried 4-0. MINUTES PAGE TEN PLANNING & ZONING BOARD NOVE~ER 23, 1976 Chairman Kelly referred to the,~ii~people from LeisureVi!!e being interested in lamother item on the agenda and requested a motion from t~e Board to change the order of business and move from Zte~ a(a) to a(b). Ms. Ryder so moYed~ seconded by ~. Winter. Motion cs~ried ~-0. Ordinance~ Amendments An Ordinalnce of the City of Boynton Beach~ Florida a~e~ding Section 5~)(1) of Appendix A, Z~ning RegUla- tions, or, the codiIied 0rdinan~es of said City to alter permissive uses within the R-3 multi-family dwelling district by deleting certain previously permitted uses and by allowing other such uses only on conditional basis; providing further for authority to codify~ savings clause, repealing provision, an effective date and for other purposes. Chairman Kelly requested input from the City Pi~nner. Mr. Annunziato stated that this ordinance came about through the Board's recommendation, it removes certain uses from the R-3 zone and p~ovides that other uses become conditional~ Chairman Kellyl asked if anyone was in favor of this ordinance amendment. Mr. Lee Levitow stated his name and his address as 20?8 S. W. l~th Avenue. {e stated that they are strongly in favor of the revision o Attorney as re. Zoning Board. in a residenti, the time of ad. should be comp[ a commercial c; abls for busin~ signatures of posed revision City Council w: tween resident: in favor. ~5~. Homer Kimb~ S. W. 19th str~ the Palm Beach lng ~, 5DO pe op] The people in all Boynton Be mmprovmng ~he : posed amendmen' ~ the Zoning Ordinance as prepared by the City tuested by the City Couhcil and _lann~ng & The present zoning ordinance-allows business ~! zone, which they feel was an oversight at )ption and he explained. They do not feel they [etely eliminated, but should be contained in ~tegory only. There is a lot of acreage avail- )ss. He has a petition to submit bearing the ~,788 residents strongly in favor of the pro- They feel 2h~ Planning & Zoning Board .1i vote to maintain the present balance be- [al and commercial zones. They are strongly · ell stated his name and his address as 503 ~et. He stated that the Board of Directors of Leisurevi!ie Conmunity Association represent- .e sponsored the amending of this ordinance. ,eisurevilie are interested in the growth of ~ch. They are concerned about updating and ;oning ordinance. They urge that this pro- be adopted. MINUTES PLANNING & ZON[ Mm. E. D. McAr~ S. W. 19th Dri~ there is no po~ from the one pi very small grot the further in( de trimental to asked about th: d. oes not prote~ port. Chairman Kelly this ordinance ~. Ryder stat( He told about ing for these the recommenda ~. Lambert re statement that this ordinance apartments. H( adequately pro~ The people to voice their Y~. Ryder made Council the ap permissive usef by deleting ce] a conmmt~onal ] the motion. Nc Lambert voting At this time, He called the nounced a moti ~. Ryder somm~ 4-0. An Ordina~ amending of the Co~ Building ~ buildings for autho~ provision Ghairman Kelly of this ame~mm~ if anyone was BOARD PAGE ELEVEN NOYE~ER 2~, ~ 976 ;hur stated his name and his address as ~60~ 'e. He stated he would like to point out that ;sibiiity of separating the present question 'eceeding it. His position and that of the ~p of people he represents is that they oppose :ursion of commercial activities which would be their co:~munity. This is specifically why he .s in R-~. He believes R-3 as it is written :t them. The deletion of item C has their sup- then ascertained that no omy was opposed to amendment. ~d he would like to review this matter briefly. ;he Board reviewing this and the people appeal- :hanges and state~ that this ordinance reflects ;ions made by the Board previously. 'erred to discussing this in the past and his he was opposed to deleting all the uses which would delete, namely hotels, motels and hotel ~ thinks the people in Leisurevil!e would be ;ected if these were made conditional uses. ~d have the opportunity under conditional use opinions in reference to the plan submitted. a motion that the Board recommend, to the City ~roval o£ the proposed ordinance which alters within the R-~ multi-family dwelling distrlct 'tain permitted uses and allowing other uses on ~asis as provided therein. Mr. Winter seconded discussion. Motion carried 3-], with Mr. against. ~ha~rman Kelly declared a five minute recess. ~eeting back to order at ~:28 P. M. He an- was in order to revert back to Item ~(a). ~ved, seconded by Mr. Winter. Motion carried ~ce of the City of Boynton Beach, Florida, iection ~(B) of .Appendix A, Zoning Regulations, [ified Ordinances of said City to establish ~nd Site Regulations applicable to accessory in residential districts~ providing further 'ity to codify, savings clause, repealing an effective date and for other purposes. asked if anyone in the audience was in favor mt and received no response. He then asked ~pposed and received no response. MINUTES PLA~iNG & ZONING BOARD PAGE T~YELVE NOVEi~BER 23, 1976 M~. Lambert stated that~e~ feels about 99%o8f this is good, but with refez 1OO sq. feet, ings ~nd ~he how a concret~ 7 ft. height ft. standard and is this th the Board reqv Chairman Kei!~ cii members d~ possibly the ence to no detached storage building exceeding etc., he thinks it will encourage metal build- ~ossibi!ity of them blowing around. He explained block structure could not be built to meet the imit. He thinks this may encourage the ~0 x 10 .etai building. Is this the way the Board felt e exact wording? Mr. Annunziato replied that ested a 10 x 10 ft., 100 sq. ft. maximum and agreed. Mm. Winter referred to the City Coun- scussing the size and ~. Harmening feeling O0 s~. ft. was restrictive. Mm. Ryder made a motion that this Board recommend to the City Council t~e a~prova! of this ordinance relating to amending Section 4(B) ~f Appendix A, Zoning Regulations, of the Codi- fied Ordinances of said City to establish Building and Site Regulations aDplicabte to accesso[.y buildings in residential districts. M~. Winter seconded the motion. No discussion. Motion carried 4-0. An Ordins amending of Eppend nances of buildings except wk conditiom providing repealin~ purposes Chairman Ke!l nce of the City of Boynton Beach, F!orida~ Section 6(D)(1)(u) and adding Section 6(D)(B)(d) ix A, Zoning Regulations, of the codified ordi- said City to prohibit warehouse and storage within the C-4 general commercial district, en utilized as accessory to a permissive or al use specified in Section 6(d)(~) thereof; for authority to codify, savings clause, provision, an effective date and for other asked if anyone in the audience was in favor of this ordinance and received no response. He then asked if anyone in the audience was opposed to this ordinance and re- ceived no response. Mr. Wint ~ . er made a motion to recommend to the City Council the adoption of the proposed ordinance amending Section 6(D)(1)(u) and adding Sec of the codifie and storage bu trict, except conditional us Ryder seconded stated he was is the second he feels wareh tion 6(D)(2)(d) of Appendix A, Zoning Regulations, d ordinances of said City to orohibit warehouse ildings within the C-4 general commercial dis- when utilized as accessory to a permissive or e specified in Section 6(d)(1) thereof. M~. the motion. Under discussion, ~. Lambert opposed to this particular ~ ' amenamenv as C-4 highest commercial zoning classification and ouses should be allowed. Motion carried 3-~. Chairman Kelly requested a motion to move the order of busi- ness forward to site plan review. M~~. Lambert made a motion to move to the Site ~lan Review portion of the meeting, seconded by M~. Ryder. Motion carried 4-0. MINUTES PLANNING & ZONING B0f~D PAGE THIRTEEN NOVEI,~ER 23., 1 976 Site Plan Review Sambo's Restaurant S. W. Corner of U. S. 1 and S. E. 21st Ave. Andrew A. Arozena and Jim White Sambots R~staurant Mr. Jim White was a site des would be iocat White replied: Chairman Kelly and Mr. Annunz ~uested the se~ 6" and he read also read the ~ walks. He thel garding the wa a wall to the ~ rial deveioome~ ~ppeared before the Board and informed them he [gner for Sambo's. ~. Ryder asked if this ~d on the site of the Golden Sands Motel and ~. yes, that will be removed. asked if the other Boards had reviewed this Jato informed them that the City Engineer re- vet line to be increased in size from 4'~ to the notes on Page C-3 regarding this. He ?equirements noted regarding paving and side- read the Utility Director's requirements re- ,er meters and lines. Also required, will be ~est and south with being adjacent to residen- ~ts. ~. White agreed to these recommendations. Mr. Ryder refe~red to there being access from U. S. 1 and ~. White informed him that the Dept. of Transportation had issued a permit for a drive on U. S. 1. Mr. Lambert ma~ recommend appr~ from Sambo's Ri tions as noted motion. No di~ Harbor Ha] 720 N. E. Derle Bai~ Covered P~ ~. Der!e Bai!~ Baile~'s Home . Inlet Club. Mr. Annunziato the T. R. B. a~ read the comme~ in their revie~ M~~. Lambert as~ iea motion that the Planning & Zoning Board )val to the City Council of the site plan ~staurant subject to the T. R. B. recommenda- on the site plan. Mr. Winter seconded the ~cussion. Motion carried 4-0. .! Inlet Club 7th Street ~rking ~y stated his name and that he represen~ted :ervices, General Contractor for Harbor Hall informed the Board that this was reviewed by ~d there were no comments. Chairman Kelly ~ts from the C. A. B. meeting on November 15 of this plan. ~d if the covered parking eliminated any park- ing sp~a~es and Mr Ennunziato informed him that it~vwouid just co~[er what is ~xisting. ~. Ryder asked if there would be d. ownspouts and~Mr. Bailey replied: yes and they will drain mnto the landscaped area. They then discussed the materials of cor~struction. M~. Annunziato informed the Board that if it did not mee~ the code, a permit would not be issued. M~. Bailey added that he had no reason to doubt that this roof would not meet the .code. MI~ TES PL~~-~Tw~ & ZO_~ING BOARD NOVE~'~ER 23 , 1 976 Mr. Lambert made a motion that the Planning & Zoning Board recommend to the City Council the approval of the site plan for covered p~rking at the Harbor H~ll Inlet Club. Mr.' Ryde~ seconded the ~ ~ - mo~_~on. No discussion. Motion carried 4-0. M~. Winter sugEested that the City Planner check to see if the code was lax on this item and they discussed the require- ments further. }~. Lambert moved to revert to the regular order of business, seconded by M~. Ryder. Motion carried 4-0. MI~UTES Minutes of the Re~uiar Meetin~ of November_9~ 1976 Mr. Ryder made seconded by ~ Minutes of the M~. Ryder made as submitted, would have to Chairman Kelly have to be pos .present who at' OLD BUSINES_ S ~r. Ryder refe: request at the C-~ and their that the City This is the Co statement that why this was t~ action condone uncal!ed for. ~ud are volunt lier treatment matter and he bets. M~. Winter sta Board members ne ~eel~ the and this const~ Chairman Kelly He does not ha~ rides them. a motion to adopt the minutes as submitted, Lambert. Motion carried 4-0. Workshop. Meetin~ of November 15z__1 9?6 a motion to adopt the minutes of November 15 ~econded by ~. Lambert. Mr. Winter stated he ~bstain as he was absent from this meeting and ~unounced the approval of these minutes would ~poned until a quorum of the four members are ~ended this meeting. ~red to the Board's consideration of the rezoning November 9 meeting on 23rd Avenue from R-3 to ~nanimous vote to deny- this request. '~e stated ~ouncil approved this request by a vo%e of 4-1. ~ncii's prerogative, but Mayor DeLong lade the for the life of him~ he could not understand ~rned down. He also implied that the Board's ~ spot zoning. He believes these remarks were He explained how they had taken serious actions ~ers and should not be submitted to such cava- This is a statement of his feeling of the ~s not asking for endorsement from other mem- ~ed he would like to have the rest of the' .n attendance endorse this statement because ~me way. They 'ha~e always opposed spot zoning .tutes exactly that. stated that this is a reco~mmending body only. e any negative reactions when the Council over- ~'. Ryder agreed, but was not in agreement with MiNU~S PLANNING & ZONING BOARD PAGE FIFTEEN NOVE~ER a3, 1 976 the remarks indicating they don't give proper consideration and condone spot zoning. M~. Lambert stated that~he wonders about the definition of spot zoning. Possibly all o Council would reasonings we zoning being u agreed they sh zoning. He re consideration Possibly they should have it further defined. f them have been left wondering if the City like to indicate their thinking on some of the ~ive. Mr. Ryder referred to the term spot sed lose!y~and explained. Chairman Kelly ou!d get a very specific definition of spot ~uested the City Planner to take this under ~nd see if a definition could be forthcoming. Chairman Kelly referred to Mayor DeLong's further remarks at the Council meeting regarding requests of some of the Council member~ to arrange a joint meeting with the Plan- added his own ning and Zonin~ Board. He that requests were turned down three times. ~. Lambert referred to there still being a parcel of land remaining on S. E. ~rd Avenue zoned R-~. ~. Ryder agreed that as a result of what happened, there is something left that needs further clarification. Mr. Lambert then referred to the Industrial Zoning Classifi- cation and questioned why it did not include permitted uses in C-~, C-2~ C-3 and C-~. Mr. Annunziato agreed it was cor- rect as written from a planning viewpoint. He explained that manufacturing was a zone designed specifically for manu- facturing and not for commercial uses. He also explained how there were problems with parking and for the Police, Fire and License Departments with including them. This was d~scussed further and Mr. Lambert was assured this was not an oversight. Chamrman Ke!!z announced that the Cmty Planner nad reques~em further discussion of the PID and requested the members to be prepared to d~scuss this at the next-meeting on December ~. Ad~ournment Mr. Winter made a motion to adjourn, seconded by ~. Ryder. Motion carried ~-0 and the meeting was properly adjourned at ~0:lZ P. M. Respectfully ~ubmitted, SUzanne ~rus~ Recording Secretary (Three Tapes) AGENDA Date: 11-23-76 Time: 7:30 P.M. Place: Council Chambers - City ~al 1 1. Acknowledgement of 2. Read~ ng and Approv~ 3. Announcements. 4. ~ C~,~nications. 5. Old Business: 6. New Business: A. PUBLIC HEAR2 Members and Visitors. of Minutes. :NGS: Re z on in( a) . En] Fr( We.~ Pa: N.] :ico Rossi for Roger Saberson, Trustee _.. )m R-3 to C-1 ~t 776.87 Feet of Parcel A, Plat of Tenth Section, .m Beach Leisureville ~. Corner of S.W. 22nd St. and S.W. 15th Ave. Ordinance Amendments: a). An Ordinance of the City of Boynton Beach, Florida, amending Section 4 (B) of Appendix A, Zoning regu, lations, of the Codified Ordinances of said City to b) .¸ c).. es1 to pr< cll fo: Re, f~ pe~ COl COl da' 6 th~ an~ di mi th, re' pu ~ablish Building and Site Regulations applicable accessory buildings in residential districts; )viding further for authority to codify;-savings ~use, repealing provision, an effective date and other-purposes. ~Ordinance of the City of Boynton Beach, Florida, ~nding Section 5 (G) (1) of Appendix A, Zoning ~ulations, of the codified ordinances of said ~y to alter permissive uses within the R-3 multi- ~ily dwelling district by deleting certain previously muitted uses and by allowing other such uses only on ~ditional basis; providing further for authority to ~ify, savings clause, repealing provision, an effective :e and for other purposes· Ordinance of the City of Boynton Beach, Florida, ~nding Section 6 (D)(1) (u) and adding Section (D) (2) (d) of Appendix A, Zoning Regulations, of : ~odified ordinances of said City to prohibit warehous~ ~' storage buildings within the C-4 general commercial ~trict, except when~utilized:as accessory to a per- ~sive or conditional use specified in Section 6 (d)(1) ~reof; providing fOr a~th0~ity to'codify~ savings claus~ ~ealing provision, an effective date and for~other ~poses. B. SITE PLAN REVIEW: Sambo's Restaurant Southwest Corner of U.S. Hwy. 1 and S.E. 21st Ave. Andrew A. Arozena and Jim White Sambo's Restaurant Harbor HalI Inlet Club 720 N.E..7~h Street Derele Bailey Covered Parking