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Minutes 09-14-76 ~ · Ti~ PLANNING & ZONING BO~D MI}~TES OF TIlE REGgLAR !~ETING OF ~- ~ T ~ ~ BOYNTON BEACH~ FLORIDA, H~..~D ~T C~T~ HALL, T~SDAY~ SE~E~,~ER ~, ~976 .AT 7:30 P, M. PRESENT Jos~oh T. Kelly, Chairman Fred-Kostner, Vic e Chairman Richard Lamb~r~ Simon Ryder Otis Walker Garry Winter Carmen Annunziato, City Planner ABoEET Louis Reiser ~Excused) Chairman Kelly welcomed everyone and called the meeting to order at 7:30 p. M. He introduced the members of the Board and the City Planner. Public Hearing Abandonment Re~ Abandonment of of N. W. 3rd C~ of Lot 127, ~3i corded in Plat Dr. Ernest Cam S. W. 25th Pla the First Bapt give considera~ presented. Th~ of Boynton Bea~ the co~unity. ships with the de-~ ~ ua~tmen~ TI this, but the - The attendance' to its limit. luest - First Baptist Church of Boynton Beach City Street to the center line for the portion ., fronting on Lots 100, 129, 128, east half , 137, and 136, Boynton Hills, Block A, Re- Book 4, Page 51, Palm Beach County ~ecord~. ~ell stated his name and his address as 1006 ~e and advised the Board he was the pastor of .st Church. They are requesting this Board to ~ion to the abandonment of N. W. 3rd Court as F~rst_ Baptist Church is a service institution :h and has been here for many years~servicing In the past, the church has suffered hard- adjacent streets at the hands of the highwsy ~ey do not blame the City, County or State for ~oor vision of those who built the curch there. at the church is at its highest. It is taxed They are planning an expansion at S. W. 23rd and Congress in the immediate future, but meanwhile they are living with wh~t they have. He told about the various ~c- tions operating at t~e facility. He ex~01ained how they were requesting thiS abanaonment fo~ the safety of the children an~ adu~ts, .... ~as well as traffic safety. A~so_ , 3 rd Ct. is useless, expensive and costly to the City, anoJ~is -muneces- sary since there are numer°u~ other outlets '~ ~raffic, Chairman Kelly referred to Lot 130 and asked if they had egress onto Seacrest and Dr. Cm~pbell reOli~'d tha~ ~hey did, but use 3rd Ct~ f~r the simple r~ason i~is there. Dr. Campbell Contimued that he would be glam to answer any ques- tions. MI~YU~S PLANNING & ZONING BOARD PAGE SEPTEiS~ER 14, 1 976 Lot 130 did no~ that he could seemed it woui~ Ct. if the nor{ that he could of this hearin her dependent cuss this with Mr. La~?oert co~ closing 3rd Ct. just consideri~ Camobell state~ street closed ~. Lambert as~ed if there was a reason why the owners of want to enter into this petition? He added 'o aiongwith the traffic problem, but it eliminate cars turning in ~ud out of 3rd ft. remains open. Dr. Campbell replied ~ot answer about Lot i30. The owner ms aware i because they plan to purchase Lot 136 from m the outcom~ of this hearing. They did dis- her, but she did not care to join with them. ~tinued that he was concerned with only half at a dangerous intersection. They are really ~g closing the south half of 3rd Ct. Dr. ~ they had no objection to having the whole ~ff, but they can only present a petition for the property they own. Speaking as ~ c~tizen, he thinks the street should ~e abandoned because oz the safet~ factor. He explained the difficulty he had encountered with entering this street. M~~. Ryder stat~ ing a street t! to closing the is a possibili~ of denying acc~ Mr. Ryder then Campbell infor~ and make a gre~ they would sti: this would be half of the ro~ the plan was w for emergency ~ ~or themh~ing Campbell repli~ coming in ther, of other peopi, He thinks the Department wer M~. Kostner re: 127 and questi Campbell repli, is to the west individuals a~ tacted and Dr.' one individual been sent to ti informed them a public maili paper. The ne' Chairman Kelly under the old ~d that in order for the City to consider c!os- ~e ownership must be on one hand. With regards street entirely, Lot 130 is affected and there ;y the City may be liable for damages because ~ss to them. asksd what this would be used for and Dr. ~ed him they wanted to square off the corner ~n pretty front lawn. Mr. Ryder stated that .! want access and Dr. Campbell replied that letermined tonight. Mr. Ryder referred to ~dway remaining and explained how he thought ~ry interesting. He then referred to access ~ehicies and how it may possibly be a hardship tb gofurther north to make the turn. Dr. d that he did not remember a fire truck ever ~. He has gone into that street and thousands ~ have gone into that street in great jeopardy. Police Department, Fire Department and Water all approached and have no objectior~. erred to the church owning only half of Lot ~ned what happened to the other half and Dr. ~d that he did not know who owned it~ but it of the openings. M~. Kostner referred to the ~acent to the proposed abandonment being con- Campbell replied that he had not contacted ~ Chairman ~(eily asked if public notices had ~e surrounding neighbors and ~. Annunziato ;hat Resolution No. ~62-U did not provide for ~g and the only public notice was in the news- v resolution provides for a public mailing. clarified that this was the last abandonment ~rdinance. Mi~J~S PLANNING & ZONING BOARD PAGE THREE SEPTE~ER 14, 197£ Mr. Kostner remarked that this was something quite new with abandoning hal~ of a thoroughfare and leaving the other half exposed as a r~ght-o£-way. He.is wondering about the owner of Lot ~30 not being int~restem in~.'~ entering into the agree- ment. Dr. Cam~betl informed him that when t~ey agreed to purchase Lot ~6, they ~m~,~de her aware they were going to re- quest abandonment of N. ~. ~rd Ct. and the purchase is based on that. She has said nothing pro or c~n about it. Mr. Lambert questioned if there was enough ~om on the existing pavement to ha~e a lane of tra££ic go in for Lot ~30 and added that possibly it would create a more serious traffic hazard. There was some discussion about this and then ~. Lambert asked ~he City Planner to co~ent. He added that half of Lot 13~'s commercial frontage ws~ on 3rd Ct, ~. Annunziato repZied that they coulm= not consider abandoning the north half of Lot 130. ~. A. Clyde Worreli stated his name and his address as 334 S, W. 12th Avenue and informed the Board that he was a member of the First B~ptist Church. In reference to abandoning the commercial frontage of this property, Lot 130 fronts on Sea- crest. There ~s only a drivewa~ from Lot 1~0 onto 3rd Ct. ~'~. Lamber~ replied that he questioned whe'tner they could turn arouna and park in that commercial establishment if they cannot drive on there. He told about his experience with parking oa this small parking lot and how he had to pull on through to 3rd Ct. ~. ~orrell stated that the 25 ft, was as wide as the existing street and this would be made into a drive. Mr. Lambert stated it seemed they would be taking away tbs right they have had with having a City street adjacent to th~ property and explained how it wasppossibly creating a hardship for Lot 130, There was Some ~iscussion regarding the exact width and then ~. Kostner agreed that it seemed like they were creating a real hardship here. ?~. Kostner stated he thought the entire street should be abandoned, but the City Planner has pointed out that this cannot be done at this time. As presented, he believes it would create a hardship, would create a problem, and would be confusing. He does not see how it would do any good in an~,~ sense. Either tn~y should ~a~an~on the entire street including the area open to the west side of Seacrest or leave the street open entirely. He does not think this will resolve anything and will create probler~. Mr. Ryder agre with the City street halfway for damages be M~. Winter ~ue 136, 137 an~ 1 ed this was a~very good point. They can check Attorney, but he thinks they cannot close a without being liable for suit from the owners cause they have lost access. stioned just what their plans were for Lots 58 and Dr. Campbell informed him it would be MINUTES ?L~_~NING & ZONING BOARD PAGE FOUR S~PTE~ER 14, 1976 for schools. ~ot 136 will be for a youth center and they will fence all the property. M~. ~alker questioned what would hap- pen to the street a~dn Dr. Camobell_ informed him that they Planned to fence every inch of their property for the security ~f the children and those that work there and for other reasons. . ~.~ostner stated that he sympathized with tn~ problem, but he is a !ittie~concerned. Dr. Camp~e!i reoliem that ther~ was no way for it~to be answered unless this ~oard gives relief. Chair~n ~elly of Lot 130 agr~ damage questio~ considerable t~ how they get i~ have to sit an~ spect on the p~ was involved. They have no o~ set for this a~ Campbell refer~ 23rd Avenue an~ situation. Chairman Kelly this ~' ~ ~, ap~±lC~t~ if anyone was appeared befor~ ~. Mark Wade 3rd ~ * ~t., Lo ~s not notified a~ Chairman Ee lly that the ordin~ Wade stated he the way things abandoned? Do~ Chairman Kelly to half of Lot map. ~. Wade could get to h~ have to come i~ his peace of m~ onto Seacrest 2nd Ave. ~,~s. Mark Wade 3rd Ct. With ~ is a public scl to cross the s~ right-of-way c] Chairman !,~e~ly a.l. In the pa~ asked if it would be possible to get the owner ~e, so the City would not be left open to any ~? He added that he is aware that there is a · affic jam at tnzs corner and he does not ~muow there. Dr. Campbell replied that they just wait. He told about there being a little re- ,ri of the public when a carload of dhitdren They are leaving this in the Board's hands. ~her way to turn. There has been a precedent ~d Chairman Kelly questioned where? Dr. ~ed to the street being closed in the s~ea of M~. Kostner replied that this was a different then asked if anybody else was in favor of m and received no response. He then,,:~asked' ~pposed to the application and the following the Board, tated his name and his address as 136 N. 23 and 124. He advised the Board that he was ~d did not know about this other than hearsay. referred to Mr. Annunziato clarifying this in ~nce did not require individual notices. M~. was not for or against this, but did not like were done. What happens to the land if it is ~s the land come to him in front of his lots? informed him that they wanted to abandon up 127 and M~. Annunziato pointed it out on the stated that the Fire Department and Police .s house easier with 3~d Ct. open. They would ~ 1st St. m~ _v ms closed, it will take away ~nd. Also~ it is easier for him to'get out ~here there is a traffic light - ra~r than onto stated her name and her address as 136 N. W. 'eference to the safety of the children, there ~oot here also and the children go out 3rd Ct. ~reet with the guard. She resents having her ~osed off and the way this has been done. replied that there was not anything intention- ~t, people were notified living within 400 ft. MINUTES PLANNING & ZONING BOARD ~h~GE FIVE SE~_~E~ER 14, 1976 when a change in zoning was involved. ~ith an applic~ quired. Mrs. this to her. two ite~ shou] applicant ~trie~ that it matter~ Seacrest and However: in this case, ~tion for abandonment, the mailing was not re- made replied that the City Manager did explain ~. Annunziato added that he did not think the .d be taken incidental. He does not think the . to go around the ordinance. M~s. Wade stated ~d to her. She has no problem getting out on ~s gone out many times. She does object. Mrs. Velma Earl N. W. 3rd Cour~ and Lot t26. get fire prote~ driveway. She~ not think it i~ affect their p would have beel they had been .ey stated her name and her address as 126 , and advised that she owns half of Lot 127 lhe protests this. She can't see how she will :tion if the street is closed right on her has always had access to that street and does right to close it off. She feels it will ~lice and fire protection. She thinks there a lot more people present in opposition if ~otified. ~. Kostner st~ on this matter ceived from th~ presentation. this cannot be Mr. Annunziato tion which is this app!icati~ Mr. Hostner as] ~ted he did not see how this Board could act at this time in view of the information re- ~ ~mty ~lanne~. They cannot act based on the They have been told by the City Planner that acted on unless another application came in. clarified that they could not act on the por- ~ot hart of the application. They can act on m, but not that portion adjacent to Lot 130. ted if they could act on abandoning hai~ a street and M~. E~nunziato replied: yes, it has been done. ~. Ryder referred to there being impairment in the circula- tion of motor Vehicles and oedestrian traffic. He is a little urpr=.~ed ~t~he stand taken by the ~zre ~mrsha!! aha Cmty Engineer. He feels this is not intthe general interest. ' Dr. Campbell r~ Kelly gave him the First Bapt: reference to ti the line and n~ is just not in M~. Kostner as~ remarks made. innuendo if i~ ~?. Ryder made of N. W. 3rd C' Council for de~ 6-0. Amendments to ~quested the right to answer and Chairman the opportunity. Dr. Campbell referred to .st Church being a service institution. In ~eir neighbor implying they tried to get under ~t wanting.to live in peace and harmony, this tas~ with what they believe and practice. ~ured hi~ the Board had not considered these They act as a Board and are not guided by an ~entional or unintentional. motion that the application for abandonment as presented be recommended Eo the City ~ial~ seconded by Mr. Walker. Motion carried ~oning Ordinance as advertised: MINUTES PLANNIN~ & ZONING BOARD PAGE SiX SEPTEmbER 1 4, 1 926 An Ordinance ok the City of Boynton Beach, Florida, Amending Section 6(D)(1) of Apeendix A, Zoning Regulations, of the Co.~ified Ordinances o3 said C~ty to add a new Paragraph lA, sev~mng forth ~a. sms u~on wnmch condmtmonal uses may e con- sidere~ and gr~nted i~ the C-~., General Commercial District; further amendmr.g Sect~mon 6(C)(]) of Appendmx A, Zonmng Regu- lations, of th6 Codizied Ordinances of said City to add a new Subparagraph ( conditional us basis upon wh~( granted in the further for a fective da. te~ Chairman Kelly in favor of thJ sponse. He th~. me~_t to the ore ) permitting New Boat Sales Agencies, as a and adding a new Paragraph ~A, setting forth h conditional uses will be considered and C-~ Community Commercial District; providing avings clause, repealing provisions, an ef- .nd for other purposes. read the above notice. He asked if anyone was .s amendment as advertised and received no te- n asked if anyone was opposed to this amend- .inance and received no response. Mr. Walker mow the ordinance Kcs tner. Unde~ was a very imp( t m~t a need City. ~. Ann formed by~ the and Chairman ~. d to recomm%end adoption of this amendment to .s read to the City Council, seconded by ' discussion, Mr. Ryder stated he thought this ~rtant ordinance. He explained how he thought tnd would be a valuable asset to the Board and .nziato adaem that a great ~eal of ~ork was per- :ity Attorney and he thimks he deserves credit ~!!y agreed. Motion carried 6-0. An Ordinance o: Appendix A, Zo~ ~aid City to a( uses; ~rovidin~ pea!in~ provis! Chairman Kelly the audience w~ response. He this amendment M~. Lambert re: and referred t( indication of explained how a discussion r assure~ the Bo~ their needs. ~'~. Ryder made Council approv~ section sion. Motion ~ the City of Boynton Beacht Florida, Amending ~ing Regulations, of the Comified Ordinances of Id a new section ]].2, env=t~ed conditional ~ for authority to codify~ savings clause, re- .on, and effective date and for other purposes. read the above notice. He asked if ~yone in ~s in favor of this ordinance and received no ;hen asked if anyone in the ~ud. ience opposed and received no response. ~erred to Page ~, Paragraph F, Subparagraph ~ a survey being required ~nd there being no ~ow recent the survey must be. ~. '/uanunziato ~n up-to-date survey was required. There was ~garding this requirement and Mm. Annunziato ~rd that it would be enforced according to a motion that this Boemd recommend to the City ~i of Ordinance No. 76- relating to a new Mr. Lambert seconded the motion. No discus- :arried 6-0. MINUTES PLANNING & ZONING BOARD PAGE SEVEN SEPTE~ER 14~ 1976 Minutes of Regular Mee. ting of August.24, 1976 Chairman Kelly referred to Page 1, second large paragraph under Public Hearing, and requested that "if" be inserted before: "the r~ght-of-way is abandoned". He referred to Page 5, £ourth line from bottom, and clarified Shat he was qugting from the City Attorney,s memo of July 20. He then refferred to PaEe 6, third line from bottom regarding M~. Wurth's application, an~ stated it was "invertor'~ s~d not "supporter". He referred to Page 12, towards lower oart of page, and '~commission" should be '~permission". ~ M~. Kostner referred to Page 9, paragraph starting with Mr. La,bert, third line, and referred to a typographical error and it should ~e: "pertinent". ~. Lambert moved that the I~nutes of August 24, 1976, be ?d~ptsd_as co~ected, seconded by Mr. Ryder. Motion ca, tied ,-~ wmth Mr. Walker and I'~. Winter abstaining. Minutes of Workshqp Meeting of september~9, 197~ Chairman Kelly referred to obtaining a copy of these minutes the day after ~he meeting, but ascertained that the remaining t e these minutes, seconded by Ryder. Motion carried 6-0. Communications Chairman Kelly-informed the Board inquiring abou$ the zoning status rexerred this $o the City Planner. to the letter and gave him a copy. Old Business that he received a le~te_ on N. E. 1st Lane and he Mr. Annunziato replied ~ambe~t r~erred to the ~revious discussion regs~ding the mal±mng o~ no~%ces to reside~ts within 400 feet of an aban- donment request. ~. Annunziato clarified that the resolu- mon exmo~ng ~t the tmme of the last abandonment aoolmca- tion did not provide for a mailing, but the new resolution ~oes. New Business Review of P!an~ - Townhouses of Golf View Harbour 72 Unit Complex S. W. 27th Ave. & Congress Ave. Rep. M~. Norman Michael & ~. David Bair MINUTES P~,_NNI,~G & ZONING BOARD PAGE EIGHT m~--~.~:,~ 1 4, ~ 976 M~. Ryder requested the City Planner to give some input and M~. Annunziato replied that all development of this type must receive approw~l from the Planning & Zoning Board and City Council as wel Ryder question, ~!r. Annunziato order f~xing ti of the City At the procedures not and it is time. as the Community Appearance Board. Mr. ~d some unfinished business regarding this and informed him that in 1973~ there was a court ~e zoning on this property. It is the opinion ~orney that while zoning and density were set, for processing an application or plan were ~efore the Planning & Zoning Board at this Mr. Lambert asked if the setbacks were by the old or new code and ~ir. ~$nunziato informed him they were according in 1 973. Mr. Norman Mic] S. W. 27th Pla~ Milnor Corpora~ ciate of the f~ that the site ~ be subn~tted a~ He showed and question He ~ recreatign bui] was being proc~ difference was ~ael stated his name and his address as ~310 ~e and advised that he was associated with the ;ion. He added that ~. David Bair, an esso- _tm, was also oresent. He informed the Board ~lan was for Tract ~ and Tracts 2 and ~ would ; a later date~and will be similar to this. ~×p!ained an overall plan o£ the property in ~xplained the design of the townhouses, parking, .ding, water, sewers, etc. He added that it ~ssed under the old R-3A zoning and the only the setback requirement of the building. ~. Annunziato add~d that basically the new code required a 40 ft. front setb~ck and the 1973 code required a 25 ft. front ~etback. M~. ~ichaei continued that they were proposing ~8 oui!dings with 4 units each with a total of 72 units. ~. Lambert refe~rem to 28th Avenue and clarified that it would not run through to Congress Ave. and ~. Michael agreed and added that it had been abandoned, but a portion has not been abandoned, When the abandonment was processed, it was evidently overiooked that this portion should ha~[e Seen en- joined. ~he owner is going to make application ~or the bal- ~ce of 25th, AVe. It will be a closed street to Congress ~ve. They snoW a cul-de-sac which was approved by the County ~d City. The~' have received a lot of requests from res~- dents to ctos~ off this street ~~ ~-~ =~ ~ 7- as a means of ['erring onto Congress ~ 5 ~n~ bypass S. W. 23rd Ave. He has r~ceived complaints because of the traffic congestion. rentiy dedicat~ ~'~. Ryder ques~ Mr. Michael ini He clarified t~ Lambert asked if the cul-de-sac was cur- and ~. Michael replied: absolutely. ioned the widths of the interior streets and ormed him they would be 20 ft. private roads. at 27th Ave. was an exLsting dedicated street Mi~JTES PLA~ING & ZONING BOARD PAGE NINE SEPTEmbER 14, 1976 and 28th Ave. will not have egress or ingress off of Congress Ave. M~. Ryder agreed they should not have too many entrances and exi~ to Congress Ave. Mr. Michael informed him there would on±y be two egresses and ingresses off of Congress Ave. and they woul~ be 70 ft. boulevards with median strips. ~. AnnunziatQ asked if the Board members agreed that 28th Ave. should remain a cul-de-sac and not be open to Congress Ave.? He informed them thst the Police Department felt that 28th Ave. sho~!d be opened for safety purposes, but he,be- ~ lieves 27th A~e. can t~e care of that. ~. Xostner s~ated that he aporoved of the cul-de-sac. ~ir. ~alker stated that he was undeci4ed. ~. Eostner state~ that with the heavy traffic on?o~gress Ave., they shoula eliminate as many in- gresses anm e~resses as possible. ~. Lambert agreed, but questioned if there was the possibility of openiigga ps~tial street runnin8 off of Congress Ave. Mr. Ryder referred to ~. Michael stating that the owner of the property was going to request abandonment of the small strip. ~. Annunziato informed them that the engineering drawings approved in con- junction with the replat provided for the elimination of the pavement of 28th Ave. between the cul-de-sac and Congress Ave. ~. Ryder replied that in order to do this properly, they ~l have the request for abandonment. M~. Annunziato suggested that the Board could, request the abandonment and upon pulling the permits, the pavement must be removed immed- iately or b~fcre the permits are pulled.~±hey~ discussed further how it was necessary to have this street closed for- mally. Chairman Xelly then requested the owner of this property to a~pear before the Board. anzo stated his name and his address as ~460 nue. He informed the Board that he owns the th Ave. & Congress. He is in full agreement g this street for the safety and appearance of Boynton Beach. He told about his experience with the accidents on that corner. He will apply for this abandon- ment immediately. He has contacted Danny O'Brien and will work with the City to get that street dead-ended and aban- doned. M~. Bruce Cast S. W. 28th Ave property at 2~ with abandoniz ~&~. Annunziato stated he didn't think they could tie the plan in with the legal document another gentleman is going to make. ~. Michael has no control over this. They can work towards speeding up the process by effectively speeding the abandonment by eliminating the pavement. He does not think the plan can legally be tied to land ~. Michael has no con- trol over. Mr. Michael agreed this was a good point. He referred to the recorded plat stipulating the abandonment of this street. It stipulates it will be a cul-de-sac and will be closed off. During the construction of the first model MINUTES PLANNING & ZONING BOARD PAGE TEN SEPTE~ER t 4 ~ 1976 units and before getting a c/o, that portion of the pavement abutting Congr~ abandoned by ti Avenue, but he the model site~ ment will be cc with it based has any bearin ss Ave. will be removed as it will be officially ;en. Their model sites may not even b~ nee_~ 28th ass~es the Board that before having c/o's on ,, the pavement wi~li be removed and the abandon- ,mp!etedo ~-~, Rymer replied that he would agree ~n the c/o's, as he doesn't think the siipulation ~... Castanzo r~ferred to the previous abandonment hearing and the statemei~t~eing made if h~if the street were abandor, ed and the other haiflwas not, the. prooerty owner should have legal regress to the City. He asked ~ow ~he City abandoned half the street in this ins~al~ce and ~. Ryder replied that this was not the same. He ~,~dded that he was concerne~ about doing this pro- perly and he i~ the owner and they must hs~e his permission. M~. Castanzo t(~!d about his family expenses and asked if this abandonment wo~ Board's recomm~ proper procedu~. and he believe~ etc. ~.~. Cast~ under the cour~ abandoned and I that was entir~ on Mr. Michael abandoning of being removed ~. Michael co M~. O'Brien t( not think the days, they shot junction with pavement. Acc pavement will ~-ert to ~c. Ca benefit with l~ Mr. Lambert re~ recreation acr~ area planned. green area aro~ regarding whet] Annur~ziato exp] recreational a~ was adequate. tional area wo] feet of enc!os~ piained how th~ to be responsi] [ld cost money en if he could request it on the ~ndation and M~. Annunziato replied that the 'e was for the person to submit an application ~ the fee is $250 to cover mailing, publication, ~nzo stated that it was his understa~dm~.g that ~ order of ~973~ that S. W. 28th Ave. would be ~. Annunziato replied that he did.,not think ~!y true. The court order governed the zoning s land. He does not think it applied to the ;his portion of 28th Ave. The plat showed it ~nd replaced by a cul-de-sac. ~.ciuded that M~. Castanzo was going to work with submit an application for abandonment. He does ~bandonment will take more than 60 days. In 60 [!d have the roofs on the model sites. In con- ~he official abandonment, they will remove the ~rding to the schedule, on the 61st ~a- ~ y the ~e removed. That portion of 28th Ave. will re- ;tanzo. ~. Annunziato added that there was a . Castanzo gaining this property, erred to the TRB recommendations for additional ~age and Mr. ~chaei pointed out the recreational He explained that there would be additional ~nd the cul-de-sac. There was some discussion. ~er the recreational area was adequate and M~, .ained how the figures were calculated for · ea. He also explained how he felt the plan ~. Michael assured the Board that the recrea- ~td be-:~orovi~ed and added that there was 400 sq. ~d interior patio for each unit. He further ex- development was planned with an association ~!e for the maintenance. The actual recreational MINUTES ~T PLA~iNG & ZO~I~G BOARD PAGE ELEVEN SEP~P~ER 14, 1976 facilities planned were discussed further. M~. Michael ex- plained further the plan for the community. Mr. K~stner questioned the drainage aud Mm. Annunziato informed him tnat~oosit~ve drainage would be provided t_hroughout the entire p~ject~ Mm, Lambert questioned the other recommenda- tions made by She staff and Mr. ~.nnunziato e×oiained how each one ha~ been taken care of, ~ Mr[ Ryder move4 that this Board recommend to the City Council ap~mo~i of the site development plan submitted incconnection wi~h the townh6uses at Golf View Hsmbour located at S. W. 27th and Congress AMenues subject to including the recormuendations f the TRB Bo[~[d with the exception of the treatment of 28th ~venue with th~ oian to remain as suom_tved with the cul-de- sac and not progressing through to Congress Avenue a~ud the pavement will be removed before the c/o is issued on the first model and the ~dditiona! recreational area and facilities will he,provided in the southwest corner of this project. ~@. Lambert seconded the motion. Motion carried 6-0. Discussion l~m_na~mon of Hotels and Motels as a permitted Mr. Annunziato informed the Board that while studying the ~oning~ordinanGe, he felt they were being remi~s with allow- m~g ~ovels ~ud motels~to remain in the R~3 zone. Alternates s~ould he, explOred ~i~her to eliminate them or have as a con- ditional use.. He explained that he felt they should not be permitted becaWse the R-3 zone len~s itself to two story town- houses ~d garden tyoe aoartme~ts with low density. He sug- gested exploring it ~urt~er now that they will,have an~ordi- nance f~r conditional use aoproval. Chairman kelly asked if th~s o~ainance had gone before the Council and ~. Annunziato repliem that t~e first public hearing would be next Euesday. Chairman Kelly remarked that the adoption did not take too .long and ~. i~nunziato agreed that it would be within a month. Mr. Ryder sugge Chairman Kelly hearing. ~. ~ a public heari~ from the audiez man Kelly then fore the Board general discuss Mr. Lee Levito~ 14th Avenue. M matrons. He r~ sted hearing from the people present and referred to this not actually being a public nnunziato agreed it should not be treated as g~ but he thinks they should hear comments ce directed to the question in general. Chair- requested anyone in the audience to come be-~ mes~_mng to express them_ thoughts under ion. stated his name and his address as 2078 S. W. e stated they were concerned with the R-3 regu- ferred to the hearings a year ago and they were ~NU~S PLanNING & ZONING B~ARD PAGE ~¥ELVE SE?TE~'~ER 14, 1976 taken in a little bit in not opposing certain things. They did not recognize the implication and as such, they missed Sections C~ D, E, F, and G of the R-3 regulations. They would like to request this revision as proposed and also oossibly revie' the other items including Sections C, D, E ~, and ~. He ~ould like the Board to consider all f~ce~s.' The primary in~ent of R-3 is a multiple family ~welling dis- tric~ and apartments. He stressed that it was of the utmost importance to ~eview and revise this immediately. Mr. Annunziato explained how they were a permissive use at this t~me and he does not know if the conditional use would be binming until it was enacted. In order to make it bind- ing, the ordinance would have to be changed to make the uses conditional instead of permitted. Chairman Kelly added that ~t would come before the Planning & Zoning Board for a public nearing ~ud compleoe discussion. Mr. Levitow stated that if it were removed completely, there would be no question of bothering the Board. Chairman Kelly explained that this Board was a re,on, ending Board and any passage of the recom- mendations is Up to the City Council. ~. Kostner ~u~stioned Mr. Levitow's interest in this soeci- ficai!y in h~ving these eliminated and Mr. Levitow rep!~ed that he was a resident of the Leisurevi!le area. Mr. Kostner referred to th~ agenda listing a discussion of eliminating hotels and mot$!s and he thinks they must adhere to that. M~. Lambert disagreed and stated he p~anned to go iht? the other iten~ also. ~Chairman Kelly agree~ that he thoughv they could discuss all of them. ~. Ryder clarified that they were talking aboutL!iving in a residSntial district adjacent to an unimoroved area which is zoned differen$1y and being in a constant state of apprehension. This can happen ~hroughout the City and it is not pleasant to live with. Hotels and motels are actually co~ercial, but are not in a commePcial zone. They must make the distinction of whether they are truly commercial rather than residential and must aopreciat[ the problem people have~? regarding uncertain- ties t~y are faced ~m~h.~'~ He moes~ not mean they~have to go along with all the sections being based on conditional use. ~. Levitow, re~e~.ea to the same categories being included in the C-3 zone and actually being in two categories. The intent of R-3 is to restrict it to a residential area. Mr. Lambert re~erred to hotels and motels being objectionable ~m questmoned rooming ann bos~ding houses, nursin~ homes. etc. [~c. Annu~ziaoo replied that he though~ boarding houses were multi-fam~!y dwellings of a sort and thinks they are prooeriy classified. Since this is the highest smd !east restrictive re~identia! zone, this is where they belong. MINU~S PLAhTNiNG & ZONING BOARD PAGE TH IRTEmN SEP~ER 14, 1976 Possibly priva be noted as co: ference betwee: explained that was some furth, ~. Kosvner st te clubs, golf courses, tennis clubs, etc. should ~ditional uses. Mr. Winter questioned the dif- z a boarding house and a hotel and M~. Annunziato it was based on the definition and use. There ~r discussion regarding the actual differences. ~ted he believes the question of conditional use would be the m~st applicable to some of these matters because they somet~nes may be a benefit to the '- '~ communmcy and he ex- plained. ~. Ryder r~ferred to this requiring further study and discus- sion and~su~ge~ted having a workshop meeting~ Mr. Levitow agreed these w~re not simple problems~ but thinks they are faced with an ~cute problem at the present time. Unless they have the right to stop a permit for'a hotel or motel at the oresent time, ~[t would make their situation unlivable. ~hairman Kelly replied that the ordinance would t~ke abou~ 30 days to go :Lnto effect. Mr. Levitow replied that he was concerned with the interim period. Under the oresent struc- ture, it would be possible for someone to come in and estab- lish a hotel c~)nforming to the R-3 requirements. Mr. Annunziato explaine~ that regardless of any action t¢~en tonight, they were still 4 t, 6 weeks away from final action. ~. Levitow emphasized thaI a workshop and other studies would also take time. After discussi~ n, the members agreed all the sections would require study ~nd a workshop meeting would be in order. The members starte~ discussing the soonest date~ ~he0 v could meet and ~.,~. Lamber- questioned the big rush and referred to this being on the b~ oks for months and he think~ it deserves a little thought and research. Mr, Levitow replied that he was the Chairm~n of the Ad-Hoc Committee of Leisureville and they were very concerned. Mr. Ryder added that attempts have been made to d~)wngrade the area on 15th Ave. ~..Lambert re- ferred to~,hez~r being different opinions of downgrading and still question~d what this was all about. Chairman Kelly clarified that an application had been pre- sented for C-~ and C-3 on two pieces of presently zoned. R-3 property on 15~;h Avenue, but the public turned out and the application wa~ withdrawn. },~. Lambert replies that he re- membered this, but d~d not understand this'anxmety. They are discussing part of the zoning ordinance and he is lost with reference~ to the time element and downgrading specific sites. He doe~ not think this requires any action and a workshop could be set up withi~hthe next few week~. Mr. Kostner ma(~e a motion to table this matter to a work~hop meeting to be (.esignated by the Chair at the convenience of the members at the earliest convenience. M~. Lambert seconded MINUTES P~A~ING & ZONING BOARD PAGE FOURTEEN Sm~"~~ 1976 the ~ ' ~ mo,=on. Under discussion, Mr. Lamo~rt clarified that they would be discussin~ Sections C, D, E, F, and G and Chairman Kelly agreed. A£ter £urther discussion, it was agreed to hot~ the workshop meeting on Monday, September 20 at 2:00 ~. M. Mr. Walker was the only one not able to at- tend and ~.~.'Annumziato suggested that he submit his recom- mendations in writing £or ~e Board's review at that time. Motion cs~rie~-~ 6-0. A_~ournment Mr. Winter moved to adjourn, seconded by ~. Lambert. Motion carrie~ 6-0 and the meeting was properly adjourned at I0:~0 P. M~ Respectfuliy submitted, SuSanne Kruse Recording Secretary (Three Tapes ) AGENDA PLANNING AND ZONING BOARD Date: September 14, 1976 Time: 7:30 P.M. Place: Council Chambers --City F~!I 1. Acknowledgem~mt of Members and Visitors. 2. Reading and Appro~kl of Minutes. 3. Announcements. 4. Cc~mup/cations. 5. Old Business: 6. New Business: PUBLIC HEARING: Abandonment request - First Baptist Church of Boynton B~a~ ch. Abandonment of City Stre~et to 'the center line for the portiOn of N. W~ 3rd Coup, fronting on Lots 100, 129, 128, east half of Lot 127, 138, ~37, and 136, BOYNTON HII.Lq, BLOCK A, Recorded in Plat Book'4, Page 51, Pstm Beach County Records. 2. Amendments to Zoning Ordinance as .advertised: An Ordinance of the City of Boynton Beach, Florida, Amending Section 6 (D) '(1) of Appendix A, Zoning-Regulations, of the Codified Ordinances of said City to add a new Paragraph IA, setting forth ~. is upon which conditional uses may be consider- ~ed and granted in the C-4, General ~ciaI DiStrict; further amending Section_ 6 (C) (1) of Appendix A Zoning Regulations, of the Codified Ordinances of said City to add a new Subparagraph (t) pemnit~g New Boat~ Sales Agencies, as-a ~Dn~li%ionat~use and add- ing-~ new Paragraph IA, setting forth basis upon which conditional uses will be considered and granted in the C-3 C~L~,0nity Conmer- cial District; providing further for a savings clause, repealing provisions, an effective date., and for other purposes. to add a new ~ection 11.2, entitled conditional usesi providin9 for authority to Oodify, savings clause, repealing provision, and effective date and for other purposes. e Townhouses of Golf View Harbour 72 Unit compiex S. W. 27 Avenue and Congress Avenue Rep. ,' Mr. Norman Michael and Mr. David DISCUSSION: 4. Elimination of hotels and motels as a permitted use in R-3 Zone.