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Minutes 11-09-76MINUTES OF T~HE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, NOVEMBER 9, 1976 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairman Fred Kostner, Vice Chairman Richard Lambert Louis Reiser Simon Ryder Garry Winter Carmen Annunziato, City Planner ABSENT Oris Walker Chairman ~el~y called the meeting to order at 7.30 P. M. He welcomed everyone and introduced the members of the Board and the City Planner. He announce~ they would dispense with the minutes and other items on the agenda and proceed with the public hearing. Public Hearing Parcel #1 - Lo~s 21 anm 22, Crestv_ew S/D Re0orded in Plat Book 23, Page 154 ~a~m Beach County Records Aa~ress - Lot 21 - 2312 S. E. 3rd Street Lot 22 - 335-337 S. E. 23rd Avenue Lo~s 3 thru 10 mnc_. Robmnson Aadn. Re~orded in Plat Book 23, Page 144 Palm Beach County Records Addresses - 403 thru 515 S. E. 23rd Avenue .&oplicants~ - Louis L. Spano, Lots 21 an~ 22 Marie L. Croft, Lot 3 Louise Thompson, Lots 4 and 5 Mrs. Susie Sporysz, Lot 6 Leslie Easser, Lots 7 and 8 Jos. A. ~ciortino, Lot 9 Pres. J. A. S. Builders, Inc. A. S. David, Lot 10 Request - Rezone to C-3 from R-3 For commercial use Chairman Kelly read the above notice and advised that it was properly advertised in the Boynton Beach News Journal on October 21 and 28, 1976. He then asked Sf a representative desired to present this case. ~k'. Lou~s Spano appeared before t~e Bosa~d and re- ferred to the presSnt zoning being R-3; however, it was ori- ginally R-3 an~ before I975 R-3 could be used for commercial stores. When the original plan came through, the south side MINUTES PAGE ~0 PLANNING & ZONING B0~D NOVEMBER 9, 1976 was changed to C-3 and the plan was presented with the north side to go to ~-3 to keep with the same type of usaE~ When it was rezoned~ the City left ten lef~son the north side of the street as R-3~with C-3 on the south, C-1 on U. ~. 1, C-2 across the railroad track~ and C-1 from Seacrest down. This is a commercial street. It is not Conducive to a residential area. Both si( and R-3 on the the requiremenl going from Sea( Board to see i~ Across the str~ which is not a] cial propertie~ ~?ea was cut o~ .es are residential with C-3 on the south side north side. The lot coverage does not meet ;s ~ud neither does the rest of the zoning ~rest to Federal. They are petitioning the this could be C-3 to keep with the area. et, it was R-3 and it is a doctor's office, .lowed in C-3. They are in a nest of com~mer- :. This is evident on the map and how this ~t in one section. Mr. Kostner regerred to the oublic hearings held with regard to updating thc zoning and a~ked if he was present ~d s~oke and ~. Spano ~eplied that he did not speak, but before the zoning went in~ he looked~over the map and assumed it was going to be C-~ as presented. He found out iv did go to C-3, but with varia$ions, l~. ~ostner stated that the public hear- ing was for tbs pubiic to present objections and ~h~. Spano agreed and clarified that they were now petitioning the Board to correct this wrong. ~. Lambert st~ have any surve~ They d.o not ha~ only Lots 2~ a~ cannot find an.~ the minimum bu: agreed. Howew ~ted that he was disturbed since they did not ~s. They have a plot showing the lot sizes. 'e anything showing the setbacks. He.believes ~d 4 are vacant lots. From his research, he , ~xisting ~tructures on any lots which meet .lming st~.mards under C-3 zoning. Mr. Spamo ~r, they are concerned that if 'the neighborhood changes, they will be in a commercial area and the lots on cthe other side of the street do not meet the C-3 requirements. hairman Kelly clarified that he was referring to C-1 and ~. Spano agreed. M~. Lambert continued, that even if these pro- perties were rezoned to C-3, he does not think there is one building ~that Could be used for C-3 purposes. He does not see how the requ~ements could be met except on the two vacant lots. Ngne co$1d meet the parking requirements eiSher. It would no~ do a~y goo~ ~o' have commerc~ai' zoning.' Mr. Spano replied that i~. th other smde of ~he street goes commercmal, these people w~u!d probably want to sell their property and could possibly and razing the tures were act~ there were thr~ plexes or trip] requirements f~ any structure meet the requirements with a unity of title buildings. ~. Lambert asked how many struc- ~a! residences and Mr. Spano informed him ~e single fa~ly homes and the rest were du- .exes. ~. Lambert read the minimum building ~r the C-3 zone and stated he did not believe ~ould comply. MIh~JTES PLA~ING & ZONING BOARD PAGE THR~E NOVEMBER 9, 1 976 M_r. Ryder stated he was a little puzzled because normally a request of thi are almost eric if the doctor' informed him i ~. Ryder refe Spano agreed ' referred to t~ residential an Spano replied tinuous to the areas on the s comparable to the zoning had to the City ch for these ten developments s k~nd deals with unimproved land. These lots ~mbered with fairly new residences. He asked office was built since 1975 and ~. Spano t was a duplex converted into a doctor's office. ~red to the apartment house being recent and Mr. ~ was built within the last year. Mr. Ryder is being an attempt to establish the area as d the area is developed as residential. M~. that they wanted to keep their properties con- neighborhood ~ud he ref~erred to the commercial treet. They think their ~'~ proper~m~s should be the other properties. ~. Ryder remarked that to change at some point. Mr. Spano referred ~ng~g the whole complex of the street, except lots. M~. Ryder referred again to recent ~ill being residential. Chairman Kelly asked mf anyone else aes~_rem to speak mn favor of this application. When there wa~ no response, M~. Spano requested the record to show that the other petitioners are present and in fayor. ~. Lambert as their property fore the Board zoned for loca they were goin not appear at M~. Annunziatc use the zoning family residen ked if any of the people had intentions to use as commercial? Mr. Leslie Kasser appeared be- . He referred to their lots being previously I business and according to. the master plan ~ to be C-3 and they were in agreement and did the public hearing. advised that in reviewing the suggested land map was based, on, it is predominantly mu~ti- rial for that entire tract. Mr. Kasser stated that when he applied for his building permit, he was told he could build a hotel, mote% or local business. M~. Lambert clarified that he owned Lots 7 and 8 and Mr. Kasser agreed and stated that he has a duplex and triplex. }~. Lambert asked if he realized if it was changed to commercial zoning, he could not use the property as co~ercial zoning. He re- ferred to the ments. He als lng requiremen ments. size of the buildings ~d the minimum require- o referred to the question of meeting the park- ts. They discussed further the actual require- Mr. Kasser st~ offices as it cause of the referred to th M~. Kasser re£ street and Ma~. was vacant an~ three lots are vacant. ted that he would like to have doctor~ is getting to be a problem to rent homes be- oise and traffic on 23rd Avenue. Mr. Lambert e parking requirements for doctors' offices. erred to having this situation across the Lambert replied that the C-3 across the street ~. Kasser disagreed with advising that only l~. Lambert referred to some of these MINUTES PLANNING & ZONING BOARD PAGE FOUR NOVEmbER 9, 1 976 structures being quite old. He added possibly if all these oroperties were joined together, they could look at it differ- ~ntly.However, according to the code, he is not sure they could create these non-conformities. Mr. Kostner then asked the people in favor of this rezoning to please raise their hands and Chairman Kelly counted ten han~s raised. ~. Kostner then asked if the~property owners within 400 ft. were contacted and ~. Annunziato replied that they were. Chairman Kelly then asked for a show of hsm~ds from people other than the applicants in favor of this rezoning and he counted two raised hands. Chairman Kelly then asked if anyone desired to speak in oppo- sition to this application and received no response. He then requested input from the City Planner. Mr. Annunziato stated that he viewed this application for re- zoning with re~ards to the benefit it would have for the City because any tyoe of land development has to be mutually bene- ficial. The q'~estion came to mind whether the City needed more C-3 zonin.~ in this location. The answer as he saw it was no with this !.~rge tract of C-3 to the south. The next ques- tion is to con~ider the neighborhood.and would it be down- graded. He thinks there have been three or four h~w buildings built in the t~st few years establishing this as a residential neighborhood. These are the aspects he considered and of course, M~. La ~ert's comments are pertinent. To rezone this would create a ~eal of non-conformity. Any use of this land for commercial purposes would necessitate variances from the Board of Adjustment. ~. Ryder added that he was concerned with the impact of residential buildings recently constructed and believes it would be a mistake to change it to co_.-~ercia! at this time. Mr. Lambert made a motion that the Planning & Zoning Board reco~end to t~e City Council that this application be denied for the rezoniag of Lots 21 and 22, Crestview Subdivision, and Lots 3 thrm 10 incl., Robinson Addition. M~. Reiser seconded the motion. Under discussion, ~. Lambert stated that he would like to bring out a couple points. He did look at these ?roperties and it may be possible that one or two could fall under the requirements of C-3zon~g~ · however, none fit the b~ilding and site regulations. His second rea- son is that even if the properties were rezoned, enough parking could not be provided to be used under the C-3 zoning. Motion carried 6-0. Site Plan Review MINUTES PLANNING & ZONING BO~D PAGE FIVE NOVEMBER 9, 1976 Bethesda Memorial Hospital 2815 S. ~eacrest Boulevard Robert B. Hill, Representative Addition of Incinerator M~r. Robert B. Hill stated his name and his address as $~ S. ~I. 27th Av~. ~ Boynton Beach. He advised that he was re- presenting BeShesda Memorial Hospital, 2815 S. Seacrest Blvd. ~e informed t~e Board that the~ i~tent of the application was to construct ~ building, per the site plan, adjacent to the ~oresent mechanical~' building on the hosoital grounds to house a ~aste mncmnerator. There wm_l be a mumps~er for ash re- moval. ~. Lambert asked if they were getting into something with reference to burning within the City limits or were they supposed to just consider the actual physical aspects and . Annunzmato clarmfmed that they should be concerned whether it is a permitted use and whether it will be a nui- sance. He added that there was a relief expressed by the various City departments that this was going to be taken care of by the hospital rather than going to the City dump. They also must consider whether this is an accessory use and he has been led to believe by Mr. Hill that an incinerator is an accessory mse. ~. Hill informed the Board that the hospital received a memo from the County Engineer in February following up a request by th~ City. The CitY informed them ~hat they could no lo~ger put infeStious waste in the dumpste~s because the landfill would not accept it. They must keep these red bags separate and take them to the dump themselves and put them in the high level landfill. They have had to take them_ biological parts to A. G. Holly Hospital in Lantana for in- cineration. In, February, 1976, the Co~nt~ Engineer sent a memo advising that all solid wastes wiml oe considered as contaminated ~aste. They are very concerned about this be- cause everything coming out of the hospital cannot be put in landfill. They did call the County Enginaer and were advised that his memo referred to red bag waste, so pathological and infectiou~ towards incin~ ~. Lambert r~ hundred feet of pollution at all. He e ment,s contro~ Mr. Ryder que~ and M~. Hill · building and plans and di~ ~waste must be incinerated. Everything is going ~ation. ~ferred to this being located within a couple )mr a residential area and questioned the affect ~nd ~. Hill replied there would be no emission ~plained how this was under the Federal Govern- ~tioned the height of the stack above the ground · eplied that the stack must be higher thantthe ~e believes it will be 38 ft. They reviewed the ~ussed this further. MI~JTES PLANNING & ZONING BOARD PAGE SIX NOVE~ER 9, 1976 ~. Ryder then questioned the extent the emission would be controlled and Mr. Hill explained how it would be done by an after-burner. He also explained further the actual re- quirements for installation and operation. ~. Ryder re- ferred to smoks from the stack and Mr. Hill replied that there would be no smoke at all. ~. Ryder referred to the gas emission and asked if there was a possibility it would blow into the hospital roo~ andM~. Hill replied that what- ever comes out the end of the stack will have to meet the Federal and Florida E.P.A. standards. M~. ~der referred to the height of the stack again and stated it must be higher than the top cf the hospital and M~. Hill explained how they considered the distance away from the hospital. They dis- cussed further the possibility of gas or smoke emission from the ~tack. Chairman Kel!~ then asked if practically every hospital had th~s and Mr. Ei!l replied tha~ he would not say every hospi- tal has one, ~ut they will be leaning towards this because l~ndfi!l is i~ short supply. He then explained about seeing these in operation and a~so told about the energy recovery system they w~u!d get. · Lambert s~ated he was concerned with the discharge from tn_s stack with having a residential area only 200 ft away. Cha~r~man Kel_y referred to the E.P.A. 8hecking this and M~ Lamoert agree~ the E.P.A. standards were stringent~ but he wonders if they considered this being within a couple hun- dred feetoof this incinerai seen it in ope smoke, smell, it did turn o~ residential az that the E.P..~ ~. Ryder sug8 ing with the k stack must be surrounding b~ Mr. Hill stat~ the ceilings much higher. ~. Winter mad City Council Bethesda Memoz to all requir~ height of the the residentis the motion. the stack fur~ residential area. ~@. Hill informed him that or meets all standards written today. He has ration and nothing comes out including no particies, etc. Chairman Kelly stated that if t to be a hazard of any kind to the surrounding ea it would have to be removed. Mr. Hill added . would inspect it yearly. ested considering this on the basis of comply- ealth requirements and also the top of the at least 10 ft. higher than the top of the iidings as the neighbors must be considered. d that the floor level will be higher than f the homes in the rear and. the stack will be e a motion that this Board recommend to the .pproval of the addition of the incinerator to ial Hospital subject to the hospital complying ments of the health authorities and also, the stack must be at least 10 ft. above the top of i buildings to the west. M~. Lambert seconded nder discussion, they discussed the height of her. Motion carried 6-0. MINUTES PLA~ING & ZONING BOARD PAGE S~EN NOVEmbER 9, 1976 Minutes of Worl~shop Meeting of October 6, 1976 M~. Kostner requested that the vote on the approval of these minutes be cha~ged to 4-0 as he was absent. Mi~u~es of Reg~lar Meeting .of october.26, 1976 ~. Ryder move~ that the minutes be adopted as submitted, seconded by .~@. Lambert. Motion carried 5-0 with Chairman Kelly abstaini~g. Cormmunications Chairman Kelly ascertained that the members had received four revisions for ~he blue book. ~. Annunziato added that they must be sure t put them into the book in order and explained. He advised tha~ they are now pretty much up to date with all the ordinances approved durin the ~ ~ ~ ~g ~as~ six months. ~. Winter requested that holes be punched in the additions for easy insertion from now on. ~ew Business ~. Annunziato Comprehensive Board'S attent City has begun Board and they referred to bringing the Local Government ?imuning Act approved July 1, ~975 to the [on before the meeting. He advised that the to comply with this act by appointing the hs~e three years to completely the nine re- ~. Annunziato for discussion the Board memb Page 23 thru 5 Monday, Novemb quirements. H~ re~d the nine required elements for the City from Page 7. Ee explained how the new plans must be docu- ments adooted bY ordinance and must be very strict and con- sistent. ~'They' ~iscussed these u' · ~ req mremen~s in reference to the Candig and Fleising Plan. then requested that a workshop date be set of the s~?odivision regulations. He requested srs to be prepared to discuss Article 8, ~. After discussion, it was agreed to meet on sr 15 at 3:00 P. M. .~jo~nment ~. K°stner mowed to adjourn, seconded by Mr. Winter. Motion carrie~6-O and the meeting was properly adjourned at 9:00 P. M. Respectfully s~bmitted, ~? Suz~ne Kruse Recording Secr ~tary (T~o Tapes) AGENDA PLANNING AND ZONING BOARD Date: 11~9_76 Time: 7:30 P.M. Place: Council Chambers - City Hall and VisitorS' 1. 2. Reading and ApproVal of Minutes. 3. Announcements. 4. Ccmrmanications. 5. Old Business: 6. New Business: Public Hea~ing: Re zoning~ Parcel #1 - Lots 21 and 22, CRESTVIEW S/D Recorded in Plat Book 923, Page 154 Palm Beach County Records Address - Lot 21 - 2312 S.E. 3rd Street Lot 22 - 335-337 S.E. 23rd Avenue Lots 3 thru 10 incl. ROBINSON ADD'N. Recorded in Plat Book 23, Page 144 Palm Beach County Records Addresses - 403 thru 515 S.E. 23rd Avenue Applicants - Louis L. Spano, Lots 21 and 22 Marie L. Croft, Lot 3 Louise Thompson, Lots 4 and 5 Mrs. Susie Sporysz, Lot 6' Leslie Kasser, Lots 7 and 8 Jos..A. Sciortino, Lot 9 Pres. J. A. S. Builders, Inc. A. S. David, Lot 10 Request - REKONE TO C-3 from R-3 For commercial use Site Plan Review · . Bethesda Memorial Hospital 2815 S~uth Seacrest Boulevard, Robert B. Hill (representive) AdditiOn of Incinerator Boynton Beach