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Minutes 10-26-76MINUTES OF ~E REGULAR ~ETiNG OF THE PLAhHfiNG & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, OCTOBER 26, 1976 AT 7:30 P. M. PRESENT Fred Kostner, Vice Chairman Richard Lambert Louis Reiser Simon Ryder Garry Winter Carmen Annunziato, City Planner ABSEi,~ _ Joseph T. Kelly 0ris Walker (E Acting as Chair the meeting to of the Board an introduced Mr. cording Secret~ , Chairman ×cused) (Excused) man, Mr. Kostner welcomed everyone and called _o, rder at 7:30 P. M. He introduced the members m welcomed Vice Mayor Joseph F. Zack. He then Ann~mziato, City Planner, and M~s. Kruse, Re-- ry. Chairman Kostner referred to three public hearings scheduled besides the regular order of business and suggested that they dispense with the reading of the minutes, etc. and place the Public Hearings as Nos. 1, 2, mud 3 on the Agenda. ~@. Ryme~ so moved, seconded by ~.h~. Reiser. No discussion. Motion carried 5-0. PUBLIC HEARING~ Re zoning Reques North 3/4 1/2 of the the E~t Section 3 Florida, feet and the South Location - Request Use t from Joseph Cogen of the East 1/2 of the S.E. 1/4; and the East N.E. I/4 of the S.W. 1/4 of the S.E. 1/4; and 2 of the N.W. 1/4 of the S.E. 1/4. All in Twp. 45 S., R. 43 E. Palm Beach County, ess: the North 120 ft. and less the East 53 ess the ¥~est 80 feet of the East 133 feet of 400 feet of the North 520 feet thereof S. W. Corner of Congress Ave. & Golf Road Rezone to PUD (Planned Unit .Development) 212 Unit commtuuity, single family homes Applicant- Joseph Cogen Chairman Kostne appeared be fore as 6370 N. W. ~ bought this lsm to the Village family homes ur. City of Boyntor. any aspect the he would be gls r asked if Mr. Cogen was present and M~. Cogen the Board and stated his name and his address th Place, Tamarac. He advised that they in the County, approximately 80 acres next of Golf, and they are requesting to build single der the PUD Ordinance, which he understands the Beach will honor. He then asked if there was Board wanted him to elaborate on and added that d to answer, smy questions. MINUTES PLA~ING & ZONING BOARD OCTOBER 26, t 976 PAGE T~¥O Chairman Kostner replied that before he continued, he would like to ask the City Planner if all the legal documents are in order and ~. Annunziato replied that all the legal re- quirements have been fulfilled. M~. Ryder requested input from the City planner. Mr. Annunziato informed the Board that this is for a PUD with the land use intensity of 3.5, which is arrived from a formula in the City Code. This application fulfills each and every requirement as stipu- lated to come Wp with the 3.5 density. There will be 212 lots with the average size being 67 x 112 ft. He also read the acreage set aside for canal, lake, road, and recreation ~eas and clarified that there were approximately ~0 acres in lan~ area. It breaks down to about 2.45 units per acre, which more than exceeds the density in R-!AAA, Mr. Ryder ques and M~. Annunz land use inten change from th past e×perienc they are requi~ zoning ma~ as by the County family of 4 un PUD, he does n which he would He could not e County Land Us checked the fi mendation is t provided for t M~. Lambert re ~ioned what zoning category this would carry ~ato informed him it would be a PUD with the ~ity of 3.5. Mr. Ryder asked if this was a past and Mr. Annunziato explained how their with PUD's had varied. He then stated that ed, if this land is rezoned, to label the ~UD with land use intensity. The land use set ~nd carried a PUD of 6 units per acre or single its per acre. The advantage of coming in as a ~t have to adhere to the requirements of R-~AAA, be forced to accept to meet the requirements. ~ceed four units per acre as fixed by the' Plan. He has reviewed the site plan and ~ures and everything conforms. His only recom- hat an additional 7 ft. of right-of-way be ae widening of Congress Avenue. ferred to discussing this a few times previously and questioned if the 3.5 was an increase or decrease on the requirement of the Co~.ty? Is this within the guidelines of the County? Mr. Annunziato explained how the land use inten- sity did not e~en consider density. He clarified that because his gross density does not exceed four units per acre, he would meet the County Land Use Plan requirement. Mr. Lambert re for this land south of 23rd including the his organizat~ north of it. annexation pre honor PUD,s an approached by water tower an ~erred to a previous application being made but it included two projects to the north and ~venue. He asked if there was a reason for not property to the north? Mr. Cogen replied that on owns this 80 acres and also the 120 acres He told about his reasons for applying for vious!y, but at that time, the City did not d did not want it. He then told s2oout being Mr. Perry Cessna to buy an acre of land for a d they agreed to donate this land ~ad also the right-of-way for Woolbright Road to be extended providing they received commercial zoning in that area. He understands MINUTES PLANNING & ZONING BOARD OCTOBER 26, 1976 PAGE THREE ~ it was approved by the Planning & Zoning Board and then went before the Cit Council. Then, Mr. Annunziato was hired smd he informed hi that this was incorrect as they are in the County and mus~ get the County's approval before going into the City. in r. Anntmziato's opinion, the City of Boynton Beach would be obligated to give him the same zoning that the County did. Tt~e City had already zoned a portion of the 120 acres~for busi~.ess and they approached the County, but they would not givethis strio zoning. They would give business, bu~ not ~trip ~oning as ~he City agreed, This was a year later and he w=s lef$ with no zoning and nothing official. Mr. Annunziat~ suggested that he pay another $100 and start all over and ne woW1$ work with him. He referred to there being several chmugeS mn the employees of the City and now he just wants it zoned so he can build houses. ~. Lambert clarified that the north tract of land will remain agriculture zoz.ed and ~. Cogen agreed, at this time. He added that theF wanted to get started on this PUD and will then approach he City on the north 120 acres. Mr. Lambert st ~ted he did not recall exactly what they ap- proved on this parcel of land and they did m~e a recommenda- tion to the Cily Council. M~, Annunziato informed him that it was never follcwed through as oublic hearings were not held on the rezonins. He explained-that the original rezoning was not in accordance with the County. The only potential for commercial would be in the PUD to serve the residents of this area. The members discussed further their previous recommenda- tions for this south tract. Mr. Annunziato stated that ~. Cogen is c~rrect in that he requested this to be started over. The City h=s tsken the position that he is zoned Agriculture and they are obliged to enforce that zoning. ~. Ryder questioned the typical setback~ for each of these homes and M~. Annunziato informed him that the only require- ment would be t and the rear se that as a PUD, Mr. Ryder asked lng the side or to the side, th Congress Avenue hat they honor the front setback on the streets tbacks along Congress Avenue. He cls~ified the setbacks disappear except for on the streets. if there were any minimum requirements regard- rear and M~. Annunziato replied that in regards ere were not; but there are for the rear on M~. Lambert ask individual prop common grounds recreation or 1 impesing restri side. He told developments. between Leisure~iile and the Village of Golf. sd if this PUD would be a situation where the srty owner will pay a monthly fee towards the ~nd Mr. Cogen explained that there would be no ~nd lease. He will start cutting the grass and ctions~ but he will have no control on the in- about this being done successfully in various Els plans are to sell these sort of midway He told about MINUTES PLANNING & ZONING BOARD OCTOBER 26, 1976 PAGE FOUR their plans for a 25 acre lake, recreation area, guard house, etc. He added that the roads and lake will be private and all maintenance will be paid for by them. Chairman Kostner clari- fied that the ~rounds would be co~on elements and i~. Cogen agreed they would be~'for the unit owners. l~. Ryder stated he was interested how close the homes would be to each other and ~. Cogen replied that the lots are 67 feet wide. If they will tell him what to do, he will do it. In the County, he could have built 6 PUD homes per acre or 3½ homes per acre under single f~nily. He is planning a better density of 2.46 homes per acre. He is not coming into the City and b~ilding as many ~s he can. He is just a~king that no furthe~ economical restrictions be imposed on ~hem. Chairman Kostn~r referred to the lots fronting on the water and ~. Cogen dnformed him of the 212 lots, 106 will be on the lake. He ~xplained the plansffurther and pointed out that none of t~e homes would face on Congress Ave. M~~. Lambert referred to 2.46 acres being required for recrea- tional facilities and ~. Cogen replied-that he was providing 28 acres. Mr. Annunziato clarified that he was providing 2.23 acres of !and and the lake and dock would be provided towards the land area. M~. Winter referred to there being an objection the last time to having only one road going in and out and Chairman Kostner agreed the question was raised, but no~ definite decision was made. Mm. Lambert stated there was an actual proposal for one 50 ft. road, but they came back with a divided road. ~@. Annunziato informed the Board that the ordinance permits them to set the front and rear setbacks on the street under PUD and it is up to them to set them according to the zone. He does not th~nk it would be unreasonable for the rear yards adjacent to Congress Avenue and the front yards adjacent to the street to ~e 2~5 Ft. ~. Winter asked about the side yards and ~. Annunz~ato replied that this was taken care of by the PUD. The concept of the PUD involves dissolving the side setbacks. The side yards are Mr. Cogen's problems. Mr. Ryder asked whet he had in mind for side yards and Mr. Cogen replied that he did not think anything less than 5 ft. would be practical. He doesn't think he could sell houses with less than 10 ft. ~. Ryder stated he would like to see something mor~ than 5 ft. ~. Winter stated he would like to see the minimum requirements of the R-tA zone met, which is 7½ ft. Mm~. Ryder referred to the frontage being 67 ft. and asked if 15 ft. would pcse a problem and Mr. Cogen replied that he thought it would. He added that he has brought it down to 2.46 units per acre and has had more rules and regulations imposed, The !rice of the lots will run $12,000 after taking out the lake, etc. He cannot charge $80,000 for a home on a lot this size. If he stayed in the County, they would permit MI}~OTES OCTOBER 26, 1976 PAGE FIVE 6 units per acre and }~. Annunziato clarified that the Co~m. ty would accept his application, but whether they would permit 'it wou!m depend on the site plan. Mr. Cogen contlnued and advised that he was here to discuss a compromise. With requir- ing 15 ft,, he could only build a house 52 ft. wide and he must give these pecp!e a two car garage and this would be diffiCult to do. He asa.ed if the Board would conSider 12 ft. and the members discussed this f~ther. Chairman Eostner stated he would go alon~ with the 12 ft. if the garages were all on the same side to ~ct as a buffer to guarantee more privacy. ~. Winter agreed he would also go along with it and referred to a garage bein~ 20 ft. wide. Mr. Rym~r stated he would also be inclined tc go along with the 6 ft. SetbaCk after noting that none of the homes will be back to back. The members then disCusseS the actual plans further. ~. Lambert t~en questioned the effect of the Bosm~d's recom- mendation on this and asked if they would see it again and Mr. Annunziat~ informed him they would be recommending ~ PUD with land use intensity of 3.5 and the master plan for devel- opment as submitted by M~. Cogen for the 2t2 lots. They would also be recommending the recreational facilities, guard house~ wall a~ong Congress Avenue, etc. They would be recom- mending 12 ft minimum between the buildings and 25 ft. front and rear yard setbacks on road rmonts-of-way. If the City Council appro~ es this rezoning a.m ~r~ster olan, ~. Cogen would have the land zoned PUD. His next step would be to submit plats £or the land he wishes to develop. These plats have to be in substantial conformity with the master plan sub- mitted and if not, the master plan is dissolved as well as the zoning. ~hey will be approving the master plan for deve- lopment and the PUD. The Planning & Zoning Board will see it again for the plats. The issuanceii'fOr individual permits, they will not see. Chairman Kostner then asked if anyone wished to speak for this proposition of ~. Cogen's in regard to the PUD and he received no response. He then asked if anyone wished to speak against this PUD. M~. Donald Gustafson stated his name and his address as Village of Golf. He stated that he was not necessa~m~y speaking against this, but he woUld like to have more information. The Village of Golf is not a PUD. He would like to ~maow the size of the houses he plans to build. He did State 2,000 sq. feet, but does this include the garage and M~. Coo~en· replle~:- ' ~ yes. Mr. Gustafson then questioned the price range and Mm. Cogen re- plied from $48,000 to $50,000. Mr. Gustafson thanked them. ~. Lambert m~de a motion that the Planning & Board recommend the City CoUncil approve the zoning chsmge on the Cogen propertl from Agriculture to Planned Unit Development with a land uss intensity of 3.5 with a~a residenth! lots M I~UJTES PLANNING & ZONING B0~D OCTOBER 26, 1976 PAGE SIX with the~.irestrictions of 25 ft. front setback and 25 ft. rear setback and 6 ft, side yard setback and also request Mr. Cogen to dedicate tl~.e additional 7 ft. along Congress Avenue for the future wideni~g of Congress Avenue. Mr. Annunziato interjected that possibly it should be a minimum of 12 ft. between build- ings and ~.]~ambert questioned the difference. ~.~. Annunziato explainedh°W it might offer a little more ease of development in certain in,~t~mces and Mr. Lambert agreed to chsmge to 6 ft. side yard set])ack to t2 ft. minimum between buildings. M~. Reiser then s~.~conded the motion. Under discussion, Mr. Ryder stated with a density of 3.5 and Mr. Annunziato clarified that it was land u~e intensity. Chairman Kostner then asked the Recording Sec~:~etary to read the motion and Mrs. Kruse read it back. He ask~.~d if there were any~questions and Mr. Winter questioned th~ 12 ft. between buildings. He referred to the possibility o a house being built within 3 ft. of the property line as long s the other hoUse was 9 ft. away and ~. Annunziato replied that ~e saw no problem. Mr. Winter stated that the person with 9 ft. could build anything along the side of his house and Mr. Annunziato replied that there were no property lines in a PUi). Chairman Kostner referred to this being iden- tical to cond ~minium setbacks. Where you have con. non elements, it does not m~tter. Nothing can be ~one between the homes. They discussed this further and Mr. Winter requested that there be a stipulation that 6 ft. minimum side setbacks be maintained wi~h a minimum of 12 ft. He explained how there was the possioility of people putting up awnings extending out 6 ft. or Mostner refer~ were going to that he did n him. They wi them. He the started compa man Kostner r him to clarif that he had n is required, how his surve sentation. M asked ~. Ann ize and M~. A asked if the house and if they are j on and the re referred to c hoped people suggested be no const family zones back to 6 ft pointed out. motion. As follows: over the imaginary property line. Chairman ~ed to common elements and asked if the lots be individually recorded and M~. Cogen replied ot know what the City was going to impose on 11 have restrictions, as it will be better for a referred to M~. Gustafson's statements and ring his plans with the Village of Golf. Chair- ~ferred to a motion being on the floor ~ud asked y his answer to the question. ~ir. Cogen stated o idea what the City~ would require. Whatever that i~ what he will do. He further explained yor and architect would make an authentic pre- r. Lambert referred to M~. Winter's example and mnziato if he thought a problem could material- nn~uziato agreed that it possibly could. He ~eople would be buying the land under their Cogen agreed. ~. Annunziato clarified that ~st buying the land,the slab, the house sits mainder will be common element and M~. Cogen ondominiums becoming stigmas and stated he would want their own single family home. He t they modify the requirements to there shall ction to a minimum of 6 ft. like in the single M~. Lambert then amended his motion to go side yard setbacks because of the problems Mr. Reiser accepted the amendment to the equested, M~s. Kruse took a roll call vote as MINUTES PLANNING & ZONING BO~PD M~.iWinter m Aye Mr. Reiser - Aye Mr. Ryder Aye Mr. Lambert AYe ~. Kostner Aye OCTOBER 26 , 1976 PAGE S~EN Motion carried ~band0nm. ent ReQ Request ab~ N. W. 4th and South ft. of the West of N. Ave. West mentioned ~est from Charles Leemon~ III ~ndonment of the following rights-of-way: ~treet lying North of N. W. 1st Avenue ~f N. W. 2nd Avenue and 1-95, Also 100 North 25 ft. (1/2) of N. W. 1st Ave. W. 4th Street and All of N. W. 1st )f the 100 ft of N. ~. 1st Ave. bove - up to the 1-95 R/W Applicants - Charles L. Leemon, III and Linda L. Leemon ~. Lambert requested to be excused from participating since he is related {0 the Leemons by marria e. Chairman Kostner thanked him and requested him to sit with the audience.~ Mr. Cha~t~es Leemon appeared before the Board and' statea~ his name and home aSdres~ as 6520 N. Ocean Blvd., Ocean Ridge, and his busines.~ address as 679 N. W. 79th Street~ Miami. Chairman Mos tne] for He referred to application was ~his attention t~ lng the western 1st Avenue. Th~ City utilities neer if the Cit they receive eq His recommendat: not reco~mend tl Lots 32 and 33 of-way. requested the City Planner to give input. nformed the Board that this abandonment is ~ts-of-way which were made dead ends for Z-95. ;he map with the application and advised the to abandon the areas striked, it has come to ~at almost all the major utility lines servic- part of the City cross Z-95 at 4th St. and ~y have received requests from the public and nd it is the recommendation of the City Engi- does agree to abandon the rights-of-way that a! amount of land in return as easements. ~on would correspond and in addition, he would ~at one half of the right-of-way adjacent to ~e abandoned to leave one half of the right- ~namrman Kos~ne~ ~hen reques~em Mr. Leemon to present his case. M~. Leem~n informed the Board that this abandonment MINUTES PLA~$TING & ZONING BOARD OCTOBER 26, 1976 PAGE EIGHT includes a pr This particul It took them about 30 lots live in Boynt ~el recogniti do it is to h have visitors place for the~ all the inter~ on U. S. 1. this is a sup~ part of the c They will bui Beach. This assure easeme well as anyon~ Mr. Ryder ask~ over the righ' 'the project Mr. Ann~uziat~ ~posal to build a fine Holiday Inn on that site. ~r site has been surveyed by them for some time. ~bout three years to accomplish putting together in this loc~tion. About 9~ of his relatives on Beach and he is interested in getting national ho- rn in Boynton Beach. He thinks the best way to ~ve a prime site in Boynton Beach. People do from the north and they do not always~have a to stay in their homes. They have surveyed ~hanges in Boynton Beach and looked at property ~here is a need for a fine motel. They feel ~r location. He is going to live here and be ~mmunity. They will put up shrubbery buffers. ~d the inn to conform tolthe style in Boynton is the reason for the abandonment and they will ~ts for all utilities. They need utilities as ~. They certainly would not hinder them. ~d if he understood that nothing could be built ~-of-wsj and ~. Leemon replied that he did and in the formative stage and they will conform. clarified that this meant a permanent structure. .~. Ryder the] the City to a] they may face be denied~to ~ that thei~ pl~ has never bee~ serve the co~ Chairman Kost~ further questJ ~ referred~to the request in one instance asking ~andon ha!x a street and if the City does this, legal' problems in the future because access will ~eople across the street. ~. Leemon replied ~nners have looked at this site and the street put in. Their recommendation is that it would ~unity as well as the hotel to abandon it. ~er ascertained that the Board members had no .ons and then asked if ~uyone wished to speak for this prop~sed abandonment and received no response. He then asked if anyone cared to speak in opposition to this abandonment. Mm. Milton Py~ Ocean Avenue. motel is goin~ is from West endured for 1 Avenue was de on the map. 1st Avenue or Annunziato re streets. Mr. clarified tha abandonment of the site plan Board. This d added that th~ zoning. ~tt stated his name and his address as 419 W. He stated he would like to know how large this i to be an~ how high. The only access to this tcean Avenue. He referred to the traffic they ~ years while 1-95 was being put in and 2nd outed. M~. Annunziato pointed out the location ~. Pyatt asked if they intended to use N. W. ~est Ocean Avenue for their entrance? Mr. ~tied that access would be possible from both Pyatt questioned the height and Mr. Annunziato this particular public hearing was~for the the public rights-of-way. They will address when the rezoning request comes before the s~just an absmdonment request. Chairman Kostner re was another request following this for re- MINUTES PL~2~NING & ZONING BOARD OCTOBER 26 , 1 976 PAGE NINE Chairman Kostner then asked if anyone else wished to speak in opposition to the request for abandonment on the streets indi- cated and received no response. r~~. Ryder stat~ tion in consid~ abandonment is would take pla~ are so many uti with the fact 1st Avenue, wh k considera- ~d he thought they have to ta~e into ~ring this abandonment that the intent is if the permitted to proceed~ this proposed development :e. They are faced with several problems. There _lities in 4th St. and 1st Ave. They are faced :he petitioner wants to abandon only half of _ch he has indicated would be difficult to do. M~. Winter and Mr. Reiser stated that they had no comment. Chairman Kostn~ proposal by re~ residential ar~ created from t! opinion, it wo~ cannot see whe~ proposed comme~ Also, as Mr. A~ not good and c: doesn't be!jew pated to be pu~ because it is Mr. Ryder made ~ouncil that t! N. W. 4th Stre~ The basis for is intended to which would re~ don half a str~ secondly, acce~ these areas ar~ quire a route 3rd Street and motel and this AlSo, in view lities. Mr. W~ requested, Mrs ~r stated he was greatly concerned with this ~son that it is, as indicated prior, near a ~a. He referred to a noise condition being ~e travel of automobiles and patrons. In his ~ld be very disturbing to the neighborhood. He ~e they could justifiably warrant placing this ~cial enterprise for the reason of abandonment. ~nunziato outlined, vacating half a street is ~eates problems and he is opposed to that. He that the proposed structure that is antici- on this property would be an advantage to I-9~3, n a residential area. a motion that this Board recommend to the City ~e application fOr abandonment of a portion of ~t and a portion of N. W. 1st Avenue be denied. ~enial is that subject abandonment apparently provide a consolidation of a site for a motel, luire ~n the first instance permission to aban- et, which this Board finds unadvisable and ~s to the intended development, in the event ~ abandoned, would be primsarily by 1-95 and re- doing east on N. W. 2nd Avenue, south on N. W. west on N. W. 1st Avenue to proceed to the route traverses a highly residential area. ~f the fact this area is to abandon public uti- ~nter seconded the motion. No discussion. As KruSe took a roll call vote as follows: MINUTES PLANNING & ZONING BOARD OCTOBER 26, 1976 PAGETE~ TM R_ezoning Reque All of th Lots Lots 2. Lots 3 · Lots feet Lots Recorded Records Mr. Winter - Aye Mr. Reiser - Aye Mr. Ryder - Aye Mr. Xostner - Aye Motion carried 4-0. st from Charles Leemon~. III ~ following in Beverly Hills Addn. #3 , 2, 3, 31, 32 Less 1-95 R/W and ~3, 34,~35 & 36, Block 73 i, 6, a~d 7, Less 1-95 R/~¥, Block 72 ~ thru 5 inclusive, less the north 10 for Road R~~ and Less 1-95 ~R~ and thru 10 inclusive, Block 71 in Plat Book 13, Page 64, Palm Beach County Address - 205 N. W. 4th Street Request - Lots 1-5 incl. Block 71 Rezone to C-3 from C-2 Balance of above Rezone to C-3 from R-lA Use - Motel Applicants - Charles L. Leemon, III and Linda L. Leemon Mr. Leemon informed the Board this was the same project. They are proposing ~ motel for this area. Even though they have made the judgement on the abandonment, he hopes they will keep an open mind oa this deal. Boynton Beach does need this parti- cular type of hotel for this community. Miami motels would promote the ar~a and send people to Boynton Beach. He thinks it would be a ~eal setback to the City if they don't consider this very seriously to provide transient guests with this type of facility. Chairman Eostn~r requested ino~t from the City Planner and ~. Annunziato replied that he reserved his judgement p~etty much on the abandonment. In considering this rezoning, when first approached by ~. Leemon, he e×pressed to him his concern over the traffic pa~tern. At that point, he di~ tell M~. Leemon he would have to this proper port traffic e From the site been answered. property comin to answer the way the traffic would have access ry. At that time, he told him he could not sup- atering this site from 1st Avenue or 4th Street. olan submitted, these questions still have not He cannot recommend this with access to the from private streets. Mr. Ryder aske project even tl ~. Leemon rep is not impossi~ they still had the same problem. if they would consider going ahead with the ~ough the street areas are not abandoned and lied that it would be very difficult, but it ole. M~. Ryder continued and stated he felt It still does not PrOvide MINUTES PLA~NING & ZONING BOARD OCTOBER 26, 1976 PAGE ELEVEN a means of access which will not result in a nuisance to the adjacent propeFty owners.~Mr~ Leemon replied that they have at least 30 lots mud it shouza be considered that if it were developed with homes, there would be traffic involved. Ryder replied Shat a motel had transient people coming and going. ~. Leemon informed him that their average stay is tnreet ~o fmve .... ~ays. This will not be a large facmlmty.~ ' ~ It will be a smal$ inn compared to the others. ~,'~. Reiser ques- tioned the prooosed size and Mr. Leemon informed him ~t would be approximately~ 100 units. ' ' ' - ~. Winter the~ N. ~. 4th St. ~ 9, and 10.~ Mr house on the c~ Mr. Leemon rep] questioned who M~. Leemon rep~ questioned who owned the southeast side of ~nm 1so Avenue, directly south of lots 6, 7, 8, Pjder replied that he believed there was a )rner and going east, it is largely undeveloped. _led that they owned these lots. Mr. Winter owned Lots 1, 2, 3, 4 and 5 on Block 72 and ~ied ~ ~ .- ~h~t they owned Lots 1, a and ~ Chairman Kostner asked if anyone wished, to speak for this proposition. Mr. Serge Pizz~ Drive, Boynton properties in objection to i yards and this Maybe someone the~.old stuff [ stated his name and his address as 79 Coral Beach, and advised the Board that he owns two ;he vicinity of this proposed motel. He has no ~. The State highway took all of~their front would b~ a good face lifting for the avenue. ~lse would come along then and remove some of ~here. M~. Dick Lambe~t stated his name and address as 140 S. E. 27th ~ace. He referred to sitting in the audience and looking at the map and advised that Lots 1,2, 3, 4, and 5 in Block 71 are currently i~oned C-2, Commercial. If he c~ose to develop it as C-2 Co~m~rCial, i~ would have to be served by N. W. 1st Avenue and N. W. 4th St. Chairman Kostn~r ascertained that nobody else desired to speak in favor and t]~en asked if anyone wished to spe~ in opposi- tion. Mr. Milton Y~a~t stated his name and his address as 419 W~. Ocean Avenue. He referred to the two previous speakers not living in the ~rea and Mr. Pizzi replied that it was diffi- cult to live o~ 2nd Avenue as it is a commercial area. M~. Pyatt continue~ with stating he did not know whether the Board received a petition with 250 signatures. However, the traffic access for a t(~0 room motel is not going to be through 1st Ave., but will be through Ocean Avenue as it is a four laned wide road. He is very much in opposition. He is not in oppo- ~ v but thinks if sition to a mo~el or hotel which tne~ do need, they are going to have access to the hotel, they should widen N. W. 1st Avem~e. Chairman Kostner replied that this would be another questi~n and the question at this time is strictly rezoning. M~. ~att stated he was against it. MI~UJTES i~L.Ah~ING & ZONING BO~MD OCTOBER 26, 1 976 PAGE ~ELVE Mw. John Lajett atated his name and his address as 460 West Ocean Avenue. He told about buying his property aver 16 years ago because of it being a nice neighborhood and being restricted tc traffic when age of the ne: in a R-lA are~ in a resident~ traffic will retired peopl then presente~ the people wh~ jecting to th~ the people si~ plied that al other people single family homes. They did have a lot of ~nd Ave. was closed. There is a large percent- Lghbors in the area opposed to this motel going ~. They are strictly opposed to a motel going [al area. They cannot guarantee what type of ~e coming ~d going during the night. Most s~e in the neighborhood and like their rest. He a petition with 46 names signed by almost all received letters and~some on the fringes ob- s. Chairman Kostner asked if he ~ew whether ining lived within 400 ft. and M~. Lajett re- ~ the oeoo!e within 400 ft. did sign and a few ~cross the street a_e opposed as we~=. M~. Lou Samyn stated his name and his address as 151S. W. 25th Avenue. He advised the Board that he objects to this. He owns the pyoperty that Mr. Ryder re~erred to, the vacant lots on?. W. 1st Avenue. He bought them for the purpose of builming some retirement homes. He primarily came tonight vo fmnd out a)out ~he e~srance to ~hms mote~ and ms.oust aghast about this. He just cannot understand this. He rea- lizes it is v~luable property, but the entrance is ridiculous. If the Board m rezone his pr create a hard are three to Chairman Xost opposition an many raised t necessary for ment, he will cussion to th ~pproves this, he certainly would like them to operty across the street. He believes it would ~hip on the people living in the area. There our houses to the west of the land he owns. ~er then asked how many people present were in asked for a show of hands. He noted that ~eir hands. He stated he did not think it was all of them to speak. If the Board is in agree- close the public hearing and ~pen this for dis- Board members. Mr. Winter st teeing reside will affect t there. Also, Under the cir M~. Reiser co ~ted he could not see spot zoning, where you ~e ~tia! and changing it to commercial zoning. This ~e whole area. He would not be happy if he lived in changing from C-2 to C-3, it is spot zoning. ~umstances, he cannot see this at all. acurred. Mr. Ryder sta the area to 8 matter whereh distance thr¢ to be a perpe Chairman Kost feeling~ re ted he felt this definitely would be downgrading ~ from R-lA to C-3. Secondly, they have the ~ access means travelling for a considerable mgh a residential area, which can only turn out tual nuisance to the people in the area. aer referred to the Chair previously showing his ~ards to this matter. His greatest concern was MI~YJ~ES ~ANNING & ZONING BOARD OCTOBER 26, 1976 PAGE THIRTEEN reoresented by the other members o£ the Board, namely the traffic travelling through a resmdentlal are~. ~'~condly, as he;outlined before, noises would emanate from such a structure. Mr. Ryder move¢ denial of the ~ ciusive of of block be re~ the motion. C~ e p a~ed and Mrs. quested, Mrs~ ~ ~ that the Board recommend to.the City Council ~o!!owing request, namely tha~ Lots I to 5 in- k 7t be rezoned from C-2 to C-3 and remainder ~oned from R-~A to C-3. ~. Reiser seconded ~airman Kostner requested the motion to be~re- Eruse read it back. No discussion. As re- ruse took a roll call vote as follows: Y~. Winter - Aye Mr Reiser - Aye Mr] Ryder - Aye M~. Kostner - Aye Motion carried 4-0. Chairm~n Kostner announced that this finalized the Public Hear- ings and suggested for expediency they dispense with the Min- utes and continueJ with the items on the Agenda. SITE PLAN REV Shane's Motor Iodge 2607 S. Federal Branko Lovreko~ Covered Carpor~ Mr. Branko Lovz S. Federal Hig~ ~ Highway ic ekoric stated his name and his address as 2607 way. ~t~. ~nnunziato informed the Board that this request was for a covered overhang at the driveway where the driveway abuts the office at Shan~ hand,corner of other than to · The members re~ this was propos 's Motel. It is~labeled on the bottom right the site plan. The staff has no recommendations ecommend that it be approved as submitted. iewed the plans and it was pointed out that ed on a private drive entranceway. M~. Lambert made a motion that the application for the covered overhang at Sh~ne's Motel be recommended to the City Council for approval. ~. Reiser seconded the motion. No discussion. Motion carried ~-0. First United Methodist Church 101N. Seacrest Blvd. Robert Alan Black }~nor Maintenan Mr. Robert Alan Black appeared-before the Board and explained the plan for two transepts to be added to the church. He re- MI~TES OCTOBER 26, 1976 PLM~ING & ZONING BOARD PAGE FOURTEEN ferred to a portion of the building projecting into the exist- ing setback ani that they did receive approval from the Board of Ac Mr. RYder refe~ BiacM informed asked if the B( Black replied: t advised tjustment as noted on the plans. · red to Seacrest Blvd. bei~ widened and Mr. him that they would lose 6 ft, ~. Ryder ~ard of Adjustment was aware of that and M~. yes. Mr. Lambert re a ppr ox ina t ely the parking fa the code, they have. He adde~ parking area f~ La~r~b ~r~ as~ed time and Mr. Bi projects. The~ widene~, the a~ Chairman Kostn~ Annunziato rep] report only th~ Mr. Lambert ma( recommend to tl for the First transepts to ti the motion. N~ roll call vote Mr Mr Mr M~ Mr Motion carried Chairman Kostn~ City Planner t~ sion in respec~ Annunziato rep] these legal doc and asked since the requiremen~ they can be res best of his h~o~ has b~en fu!fi~ ~erred to the additional seating capacity being OO seats and asked if it was going to overcrowd :ilities and M~. Black replied that according to will need 76 parking spots which they already that there were future plans to make a grassed r overflow traffic during the season. Mr. .f both projects would be done at the same .ack replied that they would be done as separate ' already have 76 and by the time the. road is [ditional parking will be added. ~r asked for the City Planner's input and M~. .led that his input was very limited to ~t the T,R.B. had no recommendations or comments. ~.e a motion that the Planning & Zoning Board ~e City Council approval of the application inited Methodist Church to add two 343 sq. ft. ~eir existing facilities. M~. Ryder seconded ~ discussion. As requested, M~s. Eruse took a as follows. Winter - Aye Reiser - ~je Ryder - Aye Lambert - .~ye Eostner - Aye that he wanted to ascertain from%the .at all the legal documents were in his Dosses- to the abandonment and rezoning reques%s. Mr. ied that the City was in possession of all uments. ~. Lambert referred to this comment it was on the agenda, couldn't they assume all s are in order and Mr. Annunziato replied that sonably sure that all are in order. To the ledge and recollection everything presented led legally. MID-UTES MINUTES PLANNING & ZONING BOARD OCTOBER 26, 1 976 PAGE FIFTEEN Minutes t~~. Winter ma( table, second~ Mr. Lambert bet 6 Wort~ho Motion carrie Minutes of Re M~. Ryder mad~ Meeting of Motion carrie~ ~ou~nment ~. Reiser ma~ Motion carried ' 0 9~3 P. M. ~kshop,,,Meet,in~, of October~ ,6,~ ]9~Z~ [ea motion to remove these minutes from the ~d by M3~. Reiser. Motion ~ ~ c=rr_ed 5-0. ~de a motion to accept the Minutes of the Octo- Meeting as presented, seconded by ~o Reiser. 5-0. uiar Meeting. of October t2,,, ,,!,97.~ motion to approveI the Minutes of the Regular ~ober 12 as pres~nted~ seconded by Mr. Lambert. 5-0. ~ ~ Mr. a motion to adjourn, seco_~ed by Ryder. 5-0 and the meeting was proper adjourned at Respectfull~ Submitted Suzanne K~ use Recording Secz etary (T%vo Tapes) AGENDA PLANNING AND ZONING BOARD Regular Meeting Date: 10-26-76 Time: 7:30 P~M. Place: Council Chambers - City Hall 2. 3. 4. 5. 6. Acknowledgement of Members and Visitors. Read~ng and ApprOV~dl ~of Minutes. Announcements. Old Business: New Business: PUBLIC HEARINGS: t. Cogen: r~quest.to rezone to P.U.D.~ · ~ S~W.. corner,of Congress and Golf JOesph Cogen_ 2. -AbandonmeiLt:- request to abandon N.W. 4th street lying North of .W. lst-Ave, and South of N.~. and~-95. Rep., Charles--Leemon III and Linda Leemon 3. Rezoning: request Lots 1 to 5 inclusive Block 71 Rezone to C-3 from C-2. Balance of above Rezone %o C-~ from R-lA 205 .N.W. 4th Street Rep~., Charles Leemon III and Linda Leemon SITE PLAN,REViEW 1. Shane's M(~tor Lodge 2.607 So. }'ederal Hwy. Boynton Beach, FL. Branko Lo~,rekoric Covered C~Lrport 2. First Unified Methodist Church 101 North Seacrest Boynton Beach, FL. Robert Ai~Ln Black Minor MaiILtenance