Loading...
Minutes 07-13-76MINUTES OF THE REGULAR M~ETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, JULY 13, 1976 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairman Fr. ed Kostner, Vice Chairman Richard LamBert Louis Reiser S~on Ryder Oris Walker Garry Winter Carmen Annmnziato, City Plamne~ Len Schmidt, Deputy Bldg. Official Chairman Kelly welcomed everyone present and called the meet- ing to order at 7:30 P. M. Chairman Kelly referred to having several items on the agenda listed umder public hearing and asked for a show of hands of the people from Leisureville and observed that approximately 98 to 99% of the people in the audience were from Leisureville. He then introduced the mem- bers of the Board, the Deputy Building Official, and welcomed officially the new City Planning and Zoning Director. Chairman Kelly referred to the audience exceeding the exist- ing floor load and asked if the members of the Board had any objections to moving Items#4 and #5 on the agenda regarding Leisureville to #1 and #2. The members agreed this would be best and Mr. Kostner made a motion to consider the applica- tions regarding Leisureville first, seconded by Mr. Ryder. Motion carried 7-0. PUBLIC HFJLRING Parcel #1 - The West 551.87 ft. of Parcel A, Plat of lOth Section, Palm Beach Leisureville, recorded in Plat Book 30~ Pages 129 through 14!, Palm Beach County Records Location - "Leisureville Professional Plaza' N. E. Corner of Intersection of $. W. 22nd St. and S. W. 15th Ave. Request - Rezone to C-1 from R-3 Use - Medical and Professional Offices Parcel #2 - Parcel A, Less theWest 551.87 ft. thereof, Plat of lOth Section, Palm Beach Leisureville, recorded in Plat Book 30, Pages 129 through 141, Palm Beach County Records Location - "Leisureville Market Place" N. W. Corner of Intersection of S. W. 18th St. and $. W. 15th Ave. Request - Rezone to C-3 from R-3 Use Retail Stores and Personal Services Applicant - Jan A. Wolfe & Associates Rep. Roger G. Saberson MINUTES PLA~ING & ZONING BOARD PAGE TWO JULY 13, 1976 Mr. Dick Brumback stated his name and that he represented Jan Ao Wolfe & Associates, 2831 Exchange Court, West Palm Beach. Ne informedthe Board that they had been requested by the Homeowners' Association of Leisureville to postpone this petition until October. They were given the reason that only 5~ of the home owners are here. They have honored this request and are hereby requesting a postponement. The audience expressed objection. Chairman Kelly referre~ to the big turnout present from Lei- smreville and stated he would hate to wait until October. He asked the Board members for their feelings. He added that there e~ a lot of time and effort spent preparing this by Mr. Kostner replied that in view of the representation in this building tonight, he sees no reason this should be polstponed. These people have taken 'the to attend he feels they are represented. He su ey con this matter at this time. In , the and was led this if a represen Brumback He added ioned Brumback had been informed and ied met with the Property Association th eis~eville people did not want The ~en~ce objected. Mr. Lambert asked from AslSociation was present and Mr. he ~lievled Mr. Kimbrell was present. were preipared to make a presentation from the Association. See Kimbrell stated his name and his address as 503 Minutes o£ 8treet and informed the Board that he was a spokes- 7/27/76 ~isureville and member of the Board of Directors He that when the board was notified suggested at the time that the be postponed a later date ~ecause 40% of in Le the City on summ~er If th to grant a continuance, after receiving this re~ S.W. man for of Leisur about matter the vac~ they are ready to proceed. Chairman Kelly read a letter addressed to Mr. Charles Pittman, President of the Leisureville Association, from.Mr. Brumback requesting that the appliCation be deferred until the second week in October. Mr. Pittman was present in the audience and verified that Mr. Kimbrell was their spokesman. Mr. Lambert clarified that the action would be for the appli- cation to be withdrawn, resubmiltted in October or tabled. He referred to the people being~ present tonight. Chairman Kelly questioned.why Mr. Brumback did not have this removed from the agenda if he was not prepared and Mr. Brum- back replied that he did attemp~ to do that by writing to th~ Board. Chairman Kelly explained how the Board did not prepare MINUTE~ PLANNING & ZONING BOARD PAGE THREE JULY 13, 1976 the agenda. Mr. Brumback asked the Board to grant a post- ponement, so the City did not have to go through the read- vertising procedure. Mr. Ryder asked ~tr. Brumback what his capacity was with the applicant and~. Brumback replied that he was a representa- tive of Jan A. Wolfe & Associates. Mr. Ryder referred'to him being somewhat familiar with what is proposed and ~. Brumback replied that he waS, but explained how they were not rl a full public hearing. Once again, the audi- ence ob. Mr. Ryder asked if they could get an idea of the general intent and ~. Brumback replied that they did submi~ a plan, which was also presented to Leisurevilleo Chairman Kelly then called on Mr. Ann~ziato for his opinion and Mr. Annunziato replied that he understood pretty much of what was being said and what Mr. Brumback has pointed out. A copy of the was submitted to the Board and is here for the ~ard to if they wish. Mr. Brnmback added that he thought it could be better presented at a public hearing when they have drawings, etc. prepared. OhairmanKelly replied that he.was very disappointed. Chairman Kelly announced that despite the fact that Mr. Brum- back was not prepared, they were going to hear from the people and get their expressions. Mr. Brumback officially requested that this matter be postponed ~util October. Chairman Kelly explained how this Board had to make a recommendation to the City Coumcil on this public hearing. Therefore, they are going to proceed even though he is making a formal request for a postponement and they will turn this over to the City Council with their recommendation. Mr. Ryder stated that in view of the fact that Mr. Brumback is familiar with the pl~u and a plan has been submitted to the Board, he moves to consider this application. M~. Kostner seconded the motion. Under discussion, Mr. Walker pointed out that if the applicant was allowed to withdraw because he is not prepared, he ~ resubmit the application, but will have to come back rtisement, etc. Chairman Kelly agreed. Motion carried 7-0. Mr. Brumback informed the Board that he was forced to offi- cially withdraw both petitions at this time. Chairman Kelly asked if he was sending a tter and Mr. Brumback replied that he was o~ficially re~ on the record now to with- draw the applications. Chairm~_~. Kelly announce~ they would hear any people present despite the fact the application has been withdrawn and ~. An~unziato informed him that there was no longer an app!ic~ tion. Chairman Kelly suggested that the people withhold their MINUTES PLANNING & ZONING BOARD PAGE FOUR JULY 13, 1976 remarks until it comes up again. Mr. Ryder suggested hearing from the people even though they had no intentions of voting and Mr. Walker referred to there being several other items on the agenda. Mr. Walker made a motion to accept the applicant's request to withdraw these applications and make a recommendation to the City Council. Mr. Lambert seconded the motion. Motion car- ried 7'0. A member of the audience asked what the significance was of withdrawing from a technical standpoint and Chairman Kelly replied that he could not answer. This ma~ referred to the application being withdrawn and questioned the subsequent steps and Mr. Annunziato replied that when this applicant withdrew his application, it removed his requests for rezon- ing. He added that their zoning ordinance did not provide that he must wait any length of time to resubmit, but when he does, a new application will have to be made with adver- tising, etc. There is no application for these rezonings at this time. Chairman Kelly then declared a five minute recess while the Chambers emptied. Chairman Kelly called the meeting back to order at 8:00 P. M. Gulfstream Estates Subdivision Plat Map - Final Southeast 35th Street Rep. Joseph Barbara Mr. Jeffrey Linzer stated his name and that he was the Secre- tary Treasurer of Lin-Bar Construction Company, 2560 S. W. 11th Street. ~. James Carlton stated his name and that he was the Consulting Engineer for Lin-Bar Construction Company and gave his office address as 2750 Okeechobee Blvd ,~ West Palm Beach. ' Mr. Ann~aziato showed the plans and the members studied them. Mr. Winter qUestioned the zoning and Mr. Ryder informed him it was R-lA and R-2, but it is to be developed under R-1 and R-lA as previously discussed at their May 25 meeting. Mr. Linzer explained the plan and pointed out the lot sizes and setback lines. Mr. Ryder questioned the significanCe of Lot 15 being so large and Mr. Carlton replied that there was no significance other than it would take another road to make th~setwo lots into three and they decided th sacrifice one lot. Mx. Lambert questioned whether these plans had been before the appropriate City Departments and Mr. Annunziato informed him that he had reviewed them with the City E~$ineer and when the plan was in the preliminary stages, it was approved by MINUTES PLANNING & ZONING BOARD PAGE F~TVE JULY 13, 1976 the other departments. ~. Lambert stated he recalled approv- ing this concept with the zoning, but he didn't recall approv- ing the preliminary plat and Chairman Kelly replied that they See did on May-~2.Mr. Ryder added that he thought it was import- Mins. o~ ant to get the input as to what the Engineering Department has 7/27/7~ recommended particularly on street layouts to make sure they are not accepting amything below standard. Mr. Annu~ziate informed him that he did consult with Mr. Clark on this and he explained how the plan had been modified to show his com- ments. Mr. Kostner questioned if there was a conflict ef buildable area and Mr. Annunziato replied: no. Mr. Kostner referred to being able only to build en 4~ of the lot and it seemed this plan did not meet this. Mr. Schmidt explained how the lines indicated the setbacks and did not mesm the size of the buildings. Chairman Kelly requested an explanation of the plans for the buildings and ~. Linzer informed the Board that the ones in R-1 will be 1,300 to 1,500 sq. feet and will be 1,500 sq. feet in R-lA. ~. Lambert asked if all the easements for sewer, water, etc. were shown and Mr. Annunziato in£ormed them that they were shown on the plan. Mr. Winter made a motion that the final plat plan of Gulf- stream Estates, ~4th Avenue, be approved. Mr. Walker seconded the motion. Under discussion, Mr. Lambert referred to the Board receiving some feed-in and added that he thought it was the procedure to get some memos. Kelly disagreed. in that Walker ~nunziato informed the Board in its fimal ~form by the himself. ously talking .t ~ere:in is d, they had ~ot Council Kelly ~. Sc] there was n for City lieved t! they added goes w~ never received any the plans used to be C~ thi is he ck into that all that the ~pproval. als wanted this to be recommendation to the material. ¥~. Mr. has been reviewed and previ- he was that If it He added that but the City Chairman procedure. been done and be presented that he be- explained how Chairman Kelly correct when it Council. F~. Carlton informed the Board that they~preciated their in- terest. He advised~hat Mr. Cessna has reviewed it and his comments are on file. Comments made by ~. Clark, Mr. Howell and Mr. Annmnziato have,been included on this. MINUTES PLANNING & ZONING BOARD PAGE S IX JULY 13, 1976 Mr. Annunziato asked if in the futmre, the Board wished to have the building plans or final plat presented and Chairman Kelly replied that they did not need the building plans, but suggested that the signatures of the other department heads be affixed where the Chairman's Signature mmst be signed om the plan. Mr. Kostner ad,ed that whom the Board chelators the plans and motes the signatures by the heads of departments, they are ass~ed all the mattershave been. takem, imto consid- eration. That has Been the procedure for mamy years amd has been to and when he was Ohairmsm, he did not okay that. It was easier for this Board to make the proper recommendation. Motion carried 7-0. Mr. Walker stated that now that the motion has beem carried, he would like to say the trouble they have had im the past is that developers have made Changes after the final plak has bee~ approved. Also, he believes the prelimi~y plat should be presented with the final plat so they can be sure their recommendations have been incorporated. Mr. Morton Levine stated his mame and his address as 2515 N. E. 2nd Court and informed the Board that he was a repre- sentative of the Owners League of Village~Royale on the Green. Ne commended the Board for just doing something which has taken him 1½ years to undo. He referred to the approved set of plans without any ~tures. He how things were done in the past with pieces of getting lost~ and the people get stuck. Theiy have the mistake of te at- test a~ the Mr. Annunziato replied that this was requested that he see to it t~at all om there and he will check th~s. Mr. thought the should be Chairman ~uestioned ~er it to re~resent these in two weeks? Mr. approve~ in~ , This is a final of the request to build under R-lA ~mng. electrical or construction, te do Kelly sary stamps are that he before the Board. up anything referred to out of the lots .th building. itself and a tly, as far as ~ do,with this. Mr. Levine appeared, before the Board again and recommended that the same precautionary measure shoul~ be taken with these plans~ He explained what had happened at Village Royale on the Green and pointed out that the lots c~uld be changed. ~. '~AnmunZiato explained how this was not a build- ing plam, but just a means for! conveyance of the property. After the lots are recorded building Plan will have to be submitted showing electric', , foumdatiom, etc. Mr. Schmidt added that Mr. had ~ened that the ~alue of the bond had not been det~ cannot even come MINUTES PLANNING & ZONING BOARD PAGE SEVEN JULY 13, 1976 into the Building Department until the utilities and engineer- ing are satisfied and amy question~is cleared. Ne does not think the Utilities nor Engineering Department would want to sign them until the proper bond is posted. Mr. Walker stated that when the plans from Village Royale on the Green were presented, he was a member of the Board. The developer did not go according to the plans approved by this Board and the City, and the City also neglected to properly supervise. Even though signed, it does not mean it will be built right. These Plans were signed. It was not the fault of this Board. Mr. Levine suggested that they should still be signed. Chairman Kelly .referred to the questions raised by the Board and asked if any further plans on this project would come before the Board and Mr. Annunziato replied: no, single family homes will not be presented to the Board. Parcel #5 - Tract 4, Golfview Harborer, 3rd Section Recorded in Plat Book 30, Pages 119 and 120 Palm Beach County Records Location - S. E. Corner Golf Rd. & Congress Ave. Request - Rezone to C-2 from R-1AA Use - Shops and Medical Center Applicant- Norman Michael Mr. William Boose stated his name and his address as 1675 Palm Beach Lakes Blvd., West Palm Beach. He informed the Board Michael doing Milner Corporation. In the way of a brief introduction of the pro- posal, he thinks it is and quite possibl~ appropriate to indicate that not the same proposal made one year ago. When a commercial petition for this inter- section was presented previously, the Planning & Zoning Board recommended an amended proposal at that time. Some problems occ~mrred before the Gity CoUncil mhd the was denied. ~ince then, they have dele some ~d use plan~ing research and he would l~e to present that plan. He knows people are going to want to give their opinions and he woul~ like to reserve to come back afterwards to sum mp. Mr. Boese then proceeded with showing drawings. He first showed one and explained how it was a reproduction of the ~existing zoning in the City of Boynten Beach west of 1-95o He pointed to their reqmest, map of location. Mr. Lambert referred to the abutting residential area and Mr. Boose informed him there was an existing house, a house under construction and two undeveloped lots. MINUTES PLANNING & ZONING BOARD PAGE EIGHT JULY 13, 1976 Mr. Boose continued with showing the proposed site plan. He explained how they were proposing a plaza with profes- sional off±cos and also commercial shops that will be bem- tique in nature. In addition, there will probably be a bank on the corner. He added that he visited with some of the residents of Golfview Harbour and some interesting com- ments were made and he has taken some of the ideas proposed by some of the residents. bridge for the residents. pattern. Sis for this ~ cated th~s center tE He pointed out a proposed foot He then explained the traffic comfortably with the existing proposed~. Mr. Boose what they proposed ing to the par~g type of architecture theme chosen. what they see is He told about the businesses would relate to the surround- the buffering program planned the east. He further ex- center and ho~ He added that co~e. Mr. Boose stated that he to note:that the types offices w~ be single tion to try .to wishes the is how it in the if the pared to to show for this area. it interesting ps further than in the past. Mr. Michael's a and they live in the are not in a posi- to do. He plan and this clause is not convenant They are pre- They have tried neighbor Chairman Kelly asked if any members of the BOard had any questions and Mr. Walker refer:red to part of this land hav- ing been zoned commercial and Chairman Kelly clarified that the Board had recommendedI this previously, but the City Council turned it down. Mr. Ryder referred to being faced with a problem whereby a change is sought from residential to commercial and appar- ently there is adequate commercial area adjacent thereto. He can realize that they do not own the other commercial property, but he doesn't think that should be the Board,s concern, the wes't side of Congress: Avenue, there is over a mile of 3 commercial area. Mr. Annunziato referred to Mr. Cogen making a presentation for commercial area, but the MINUTES PLANNING & ZONING BOARD PAGE NINE JULY 13, 1976 County Land Plan has this zoned for low density residential and the only way it can be changed is if the Board of County Commissioners pass a resolution to change the Land Plan. Pre- sently all Cogen's land is agriculture. Also, the map pre- sented By Mr. Boose does not show the recent zoning change from C-3 to R-3o Mr. Ryder replied that there is C-3 zoning along Congress Avenue. He raises the question of.when there is. apparentlyadequate commercial area, why should they area already residential and does have a his- replied that this same ques- tion crosse analysis and he re- ferr trict and read this. He. a 8.8 acre general Con- P~ a ey have done a the be in the area told ~ ~re ~of the :com_oetitor. they thi~k provided Chairman Kelly then asked if tol speak in favor of this peared before the Board~'. wished ollowing ap- Mr. Mike Shortley stated his name and informed the Board that he was building a home which will be on the corner next to the proposed specialty center. He has no objections. In looking around this area, he thinks it is a breath of fresh air. He thinks it will be adding class. Ee has no obljections to living next to it at all. He intends to raise his family here. He does not object, but people living two to three ~les away probably will. These specialty shops will not have any competition. This is planned really nice wilth the screening, etc. It will be nice to ts~ke a walk th~ere with his ~M. Walker noted that this ma~,s name was not the list within 400 feet and Mr. .m that he is 7½ ft. from the property line Lot 21. Mr. Stanton Packard stated his name and his address as 1311 added that he lives within 400 ft. He and has been in favor of it. When he built his house, M~: Michael told him what was proposed a~d he was in favor of mt. He feels it will enhance the area and also will be an asset to Boynton Beach. ~e is in favor of it. Mr. Clarence Perry stated~his name and his address as 1194 S. W. 24th Avenue. He added that he was directly on the corner of 12th Ct. and 23rd. When he contracted with MINUTES PLANNING & ZONING BOARD PAGE TEN J~LY 13, 1 976 Michael to build his home, he showed him drawings of the shopping center at that time and he fully expected him to carry out the construction of this shopping center. He had no objections then and does not Row. Mr. Fred Simons stated his name and his address as 2533 S. W. 13th.Street. He informed the Board that he does ~ot live within 400 ft., but last week, the gentleman representing the Milnor came to their clubhouse and showed exactly what he is tonight, He is in favor of it and it sounds very nice~ Wlhatever ~. Michael said in the past, he has fulfilled. N~. Michael built his home a~d h~ is happy, He thinks it will be an asset to Boynton Beach. Mr. Jim Witten stated his name and his address as 2512 S. W. 13th Court. He informed the Board that 4½ years ago whe~ he contracted for a house in this area, there was a plan on dis- play in the office. He was fully aware of it and very much in favor of it. He came to this area because he felt ~. Michael builds the best home in the radius of hi~ work. He is a quality builder. He believes he will do this as stated. He is in favor of this. Mr. Lambert asked if he lived within 400 feet and Mr. Witten pointed out his lot on the map a~d advised that he did receive ~etification from the City. Mr. ~der referred to when the zoning plan was adopted last Year and people expressed opposition to this being zoned C-2 and wanted it to remain R-1AA. He questioned if this indi- cated a change of heart and Chairman Kelly replied that ~. Witten was not qualified to answer and s~ggested hearing from the rest of the people. Mr. W~itten informed him that he was so confident this program wou~d go through last year, he did not voice his opinion before the Board and did not come. Because it did not happen last he came tonight. It is something he does wan~t, but there is controversy. Chairman Kelly reques~ted that ~they consider the plans pre- sented tonight and not what w~s presente~ last year and Mr. Ryder remarked that it was the same Plam. Chairman'Kelly announced they Would proceed ~ith the normal procedure to hear from the people. Mr. Ray Johnson stated his name and informed the Board that when he bought his home, he knew ~. Michael planned to build this shopping center. Mr. Michael showed the plans to him and he accepted it, but ha~ reservations now about the bridge, as he owns Lot 9. He would like to know where the restaurant is going to be located and Mr. Boose informed hi~ that the restaurant is a French Cafe and will be located on the ~orth side fronting on 23rd Avenue with outside seat- in~. Mr. Johnson questioned what type of businesses were going to be opposite lots 8 thru 11 and Mr. Boose informed him that Mr. Michael has indicated that the structures on MINUTES PLANNING & ZONING BOARD PAGE ELEVEN JULY 13, 1976 the south portionco. Z the center will be professional and medi- cal and the commercial will be on the north half of the plaza and will beElight in nature. They will guarantee that the professional offices will be on the south section. Mr. Lambert referred to a buffer being required when commer- cial abuts residential and questioned whether this would ap- ply since it did not immediately abut with there being a street and a canal. In rep~y, Mr. Annunziato read the re- quirements for a buffer and pointed out there was a side and rear yard, so a buffer would be necessary. Mr. Boose ex- plained how they iplanned fencing with a vegetative buffer in view of the maintenance commitment for the canal. Mr. Johnson questioneld how far the vegetative buffer would go on the Lake , District property and Mr. Boose _ pointed out the .Oposed on the Plsm~ He further ex plained how the regulated this and it would be ~where buffer would be located. Mr. hr~.onasked, how cars would be stopped from going through the into the and F~. Boo~ ~ ormed him there would be Bumper sit~ discussed the size of the the canal. Mrs. JemuVandermolen stated her name and her address as 2560 S. W. 12th Street. ~he informed the Board that she does not live within the qnestionable area, but is a work- ing housewife. She thin_ks this area is something every woman in that area should be asking for. She referred to having to go to Delray Beach for shopping. She thinks Boynton Beach should applaud Mr. Michael for !what he is doing. It will enhance the area in every way. She is sure the Board will want to provide this for Boynton Beach afte~seeing these plans. Mr. Harry Nesley stated his name and his address as S. W. 25th Way. He informed the Board that he is not real close to this property in question; however, he was one of those maybe people before, but Mr. Michael has made proposed changes which he knows he will live up to from his own exper- ience. He thinks with these proposed changes, it satisfies what the people in their subdivision need, Mr. Jim Shortley stated his name and his address as 1360 S. W. 27th Place. He informed the Board that he is not within the 400 ft. area. He bought his house from Mr. Michael 7 years ago. He did ~ow about this plan. He looked for a good solid well built house with the quality that Mr. Michael puts in it. He knows what he builds and knows what he will do. MtN~TES PLA~ING & ZONING BOARD PAGE TWELVE JULY 13, 1976 Rev. Ernest Campbell stated his name and his address as 1006 S. W. 25th Place. He added that he was the minister of the First Baptist Chmrch. He informed the Board that the chmrch is Eoing to be the closest neighbor. The First Baptist Church plans to build a facility within two years onthe 6 acres across the street on the N.E. corner of 23rd and Congress. They have one of the finest church architects and anticipate L most beautiful church to make this a beautiful corner. ~re going to do everything they can to be right in that commu~ity. He came tonight just to sit and lieve it is the prerogative of the church to take a stand on this type of decision. Mr. Lambert asked if the owners of the other three adjacent lots to this pro~rty were present and Mr. Michael informed him that he owns the two undeveloped lots and the owner of the existing house is not present. Chairman Kelly then asked if anyone was opposed to this ap- plication and the following appeared before the Board. Mr. Phil Seaman stated his name and his address as 2545 S. W. 14th Street. He pointed out his lot on the map and added that it backed to an apartment building. He was told there was going to be a decorative fence between his house and the apartments; however, what is there is a little hurricane fence. He does agree that Mr. Michael does build a fine home and he has been a resident in Golfview Harbour. He understands that it is planned to go all the way to Congress Avenue with mmlti-family and he would like tosee that com- pleted before starting commercial. Once R-1AA has been con- verted to commercial, it is difficult to change back. Resi- dential property is hard to find in Boynton Beach. It is a nice place for families and children. He is not against pro- gress, but he would appreciate the area being continued om the same complexion as currently. He is not in favor of commer- cial in that area. He explained how the siEht from his back yard was not pleasant. He is not for it. Mrs. James Burns stated her name and her address as 2322 S. W. loth. She stated she did not live in this area, but she was at the meeting when the people objected to this being downgraded. Why. does this come up when the people are away? Mrs. Carter called her from North Carolina asking her to state objection for her. Why can't this stay residential? Why does Mr. ~ichael state he is going to put in a shopping center and he does not have the authority? Chairman 'Kelly referred to Mr. Beose's presentation and that they would sign a land development covenant. Mrs. Burns continued that ~s. Carter had asked her to object. Mr. Wayne Upton stated his name and his address as 1401S.W. 25th Avenue. He stated that he was sure of only two things. 'Mr. Michael does build a nice home and there is a rezoning MINUTES PLANNING & ZONING BOARD PAGE THIRTEEN JULY 13, 1976 tic~ they have a ment are the' ~ey should be merits and can request Before this Board. Anything else he has heard, he does not believe is binding on ~uyone at all. Mr. Annunziate agreed that the presentation made as it stands right now is not binding. Mr. Boose has mentioned submitting a restricted convenant akin to the ~oning ordinance. At the present time, their zoning ordinance does not allow this and they have been warned by the City Attorney about accepting these. Theore- for rezoning. Until the develop- they have ~. Michael's word plus a restricted convenant which of. discuss the rezening on the impact, He does not be- much bearing to the type of develop- ment. Once the given, it could be sold. Mr. Upton stated that he owned a Milnor home and does not question the integrity of Mr. Michael. However, he is afraid of what Mr. Annunziato just stated. Once this land is re- zoned, he has no control of what goes on over there. All he can say is te look into their hearts and look across the back yards and do the possibilities, of what can be C-2 in their Mr, Lambert referred to ~ot being sure there be any absolute tie-in ~ot~his parti- cular development, but if this was the ty~ of development, woul~ he be ~d? In Mr. U~to~ referred to the competitio~ of the shopping center not making a go~ of it in f~ and then what would they have? He would have ~. Mr. A. J. Wolfert stated his name and his address as 1321 S. Wo 25th Avenue. He ~ointed out that his was the sixth house on the canal. He was opposed to this the last time. He has $55,000 L~?~ested in his house and does not want to look at concrete from his home. Also, there will be the fumes from the parking lot coming into his house. He is 100% against it. Mr. Louis Labrador stated his name and his address as 1331 ~. W. 25th Avenue and added that he was directly across from this parcel of lan~. This tract is 436 ft. deep r~n- ning along Congress to 23rd and 1,158 ft. running from Congress to 24th St. New and in ~975, he was oppose~ to this. He still feels the same way. He referred to the petition received stating that M~. Michael was requesting the rezoning and questioned if it was Mr. Michael er the Milnor Corp. Chairman Kelly informed him 'that Mr. Michael's name aDpeared on the agenda and also on the application. Mr. Boose added that he thought the answer was basically tied to land ownership. This portion of the development is owned by N~. Michael, but he is doing business as the Milne~ Corp. Mr. Michael would be the owner, but the Milnor Corp. would be the contractor of the plaza. MINUTES PLANNING & ZONING BOARD PAGE FOURTEEN JULY 13, 1976 Mr. Labrado~ continued that there seemed to be a question whether ~0~Michael and Milnor are the same. Everyone has talked about the nice homes bmilt by the Milnor Corp. How- ever, Mr. Michael owns this property and they have no assmr- ance that Milner will take care of this area. This is quite a piece of land. There are five to six homes on the canal b~ilt by the Milnor Corp. and there are some being jacent, but he is right opposite it. On~ he and live o~ the canal. These people will not be facing a commer- cial district. He fails to see how a group of C-2 neighbor- hoodstores present view from his back porch. In fact, he pad to enjoy the want. Just 1 to all kinds o~ a bouti~ who and S~ have that back porch put on They have all the stores they miles, there is center with tores to this. they don't have are stores. Most of the people qmiet that not r~ cheap. the increased to~. Also, a under C-1. Mr. he can inc~or Mr. thou , he may have had the title to this name and they are the ~ilnor Cor to base his ob trict on the had people move ¥~. Labrador questioned again whether Milnor Corp. was going to do this construction and Mr. Michael informed him that is in his name and his wife's to own it, but it will be built by Labrador continued that he would like .o~ on this neighborhood commercial dis- of the Mil~or Corp. They have their community because of the lack of completion of the work along Congress Ave. There has been a desert there for three ~. Michael did mention a shopping center ~ed his however, he thinks this project ~ be completed f~ t. At the pre- sent time, he believes it would look out of place. ~. Michael~also ~ some beautiful boul entra~ces which have never dents recently had visitors could find rupted him in that he d~ ~d. He ex' how the resi- cost to for signs so Ch~ ~elly inter- ~hink Mr. to the integrity ~oned Mr. Michael's Board dictate who is He doesn't think integrity is Chairman Kelly requested Mr. Boose to respond. integrity was at quo ~oing to build this proj the question. MINUTES PLANNING & ZONING BOARD PAGE FIFTEEN JULY 13, 1976 Mr. Beose stated that Mr. and M~s. Michael are the Milnor Corp. The Milnor ~orp. has been attempting to successfully apply for and be issued permits for this area for two years. The basic land development improvements in the community have been approved by the City. When that section of real estate is completed, this will all be taken care of. These people have done a ~good job, but these are irrelevant facts° As far as that area, it is going to be developed according to the approved plan. Mr. Labrador stated he was not questioning the integrity of the owners of the property, but discussing the corporation because the corporation made these promises. He completed the homes, but not the promises of the community. Whatever has been presented, he is taking with a grain of salt based on the fact that nothing in this presentation can be assured or granted by the Milnor Corp. or the City. The record speaks for itself. If it is not in w~ting, it is absolutely useless. Mr. Lambert referred to the dimensions he gave for the property and ~. Annunziato informed him the information submitted to him shows 335 ft. by 1~90 ft. ~. Lambert continued with re- ferring to the question of whether he will build what he says and stated that he didn't think this Board could answer that with a zoning change. M~. Labrador clarified that it was his intention to bring it to the attention of the people in the audience based on his past records. Chairman Kelly informed him that this Board was here for land use. Dr. Robert Gmzauskas stated hisi~name and his address as 1301 Eo W. 25th Place. He referred to previously requesting a zoning change for his office on Seacrest Blvd. and ~Mr. Beose had represented him. At that time, ~. Boose noted that zoning changes were made in the best interest of the commun- ity. A lot of professional office space has been zoned in the vicinity of Bethesd~ Hospital. He questioned whether this property would serve a community purpose with once being zoned residential, then multi-family and now commercial. He does not think this is necessary and the suit by the developer should be defeated. He how the existing facilities in the area are unde~ and tenants which do not ping and office spaces whic still going broke in this be considered. Mr. Lambert ft. area and Mr. Schmidt re This plan assumes leases He told about existing shop- empty. Businessmen are and he thinks this should if he l~ved within the 400 nO. Mr. Kostner referred to the peolple being aware of what busi- nesses were allowed in the C-2 zone and read the permissive uses as provided in the zoning ordinance. He added that he was Sot suggesting this developer would not build per the plan, but they have no absolute guarantee. MINUTES PL~NNI~G & ZONING BOARD PAGE ~IXTEEN JULY 13, 1976 Mr. Winter requested Mr. Annunziato,s opinion and Mr. Annunziato replied that he has given this some thought and he felt this was the least objectionable of all on the agenda, Ne is still not convinced of the great number of acres of other commercial areas within a mile radius which could be developed for shop- ping. There is some doubt in his mind even though the presen- tation was made whether more commercial zoning is necessary in that location. It will draw traffic not only from the local but from the City in,its entirety. It could be aa attractive nuisance. The traffic pattern was noted, but not any. indication of way being increased in s~ize. At this time these arguments, he is not really too sure more commercial zoning is necessary. Mr. Ryder referred to hearing expressions of opposition from the homeowners in the immediate vicinity and he referred again to the sufficient commercial area available. He thinks arbitrarily an already developed R-1AA zone can harmful and also, he doesn't believe the people in the area are aware of the complications. He doesn't believe approval of this application is merited. Mr. Lambert referred to hearing from about the same number of people pro and He personally would like to see more pre- sentations like , but it bothershim that in the code they cannot lock in a particular type explained how they ran into this often. The zoning que . is at hand and they cannot lock in a particular type ~uilding, unless there is a method he is not aware of, but it seems to be void in the code. The people are concerned about it being changed to C-2. It seems to be a well laid out .armed comm- unity center. Is lock in this not today. He and how the They do exist in City convenant ever, Mr. with a replied that do that. con Tkis is What has by Bard can Mr. r~eplied that City Attorney a restricted ?t it. What- uses allowable. ben, submit ted Annunziato they could not Onight. Chairman Kelly referred to hearing from the people in favor and opposed and asked if Mr. Boose had anything further. ~. Boose stated that he has been~ thinking about a solution. He referred to having solated o~Jections. He be- lieves there aret. wo ,, available. Having eliminated the restricted covenant, the special exception mechanism is an ideal way to problems. He would like not to have a reco~aendation from this Board that is negative. MINUTES PLANNING & ZONING BO~ PAGE SEVENTEEN JULY 13, 1978 He recommends that the Chair consider an amendment to this ordinance. He referred to the peoples' statements and stated the second solution would be to amend their application to reduce the C-2 zoning request as it applies to the east 400 ft. to C-1, which woUld ~ock them into medical and professional buildings which they had planned anyhow. The commercial intent would be at theintersection. This possibly may solve ~he pro- blem pertaining to the objections to the commercial venture. He clarified that ~-2 would be limited to the west 700 feet and C-1 on the ~t. He believes that would c~re the obj of the canal. that the uses have to ~lOn~ He he got the Eot. an spec Zoning Sition on the he off~ for it iai owners on the south side to the nearest residents Also, the plan will not on the same presenta- lfview Harbour and how were not being amendment. As with~ to develop Planning & like some dispo- in line them a chance possibly on how to plied that he'f, change an a! asked Mr. An~unziato if they could table this and have a new application presented He added that it would also give the minutes of this meeting. Also, e some thoughts from the City Planner .to thi~ in the future. ~. Annunziato re- unco~ any time he was asked to as advertised for a certain type of zon~ They had objecting not just to C-2, but to commercial, so, have stated they are not against zoning, if the application is going to be he would feel more comfortable if this was withdraw~ a new one submitted. He would be very pleased to cooperate with the other alternative offered regardimg a recommendati for ex~ep~ions to be inclmded in their ordinance, could be held in abeyance for the special exce to be ~. Walker referred to the and ~ernatives were discussed fur- ther and affected th , could do and Mr. Ann~u- is changed in any man- ner, he feels it should be re .advertised. This means the applicant has the option to w ~hdraw his application and sub- mit a new application or ~it for an ordinance change to allow special exceptions, application is changed, some final disposition sh ~e made on the application on hand. MINUTES PLANNING & ZONING BOARD PAGE EIGHTEEN JULY 13, t976 Mr. Boose asked if it would be inappropriate to ask the Chairman to poll the Board to see whether they feel this is a proper solmtion to the site planning problems ~ud if so, that it is a positive problem, he womld withdraw the appli- cation and make his time available to work it out. However, if they feel it should not be approved, he does not want to take Mr. Michael down the primrose path. Chairman Kelly re- plied that he did not think it would be fair to ask for a po~,l of the members of the Board° He thinks they should go the formal route as Mr. Annunziato pointed out and pmrsue this as Mr~ questioned what this was should reach a final ~hout making a~y promises t~ Asa zoning ordi- get involved amendment. They cannot application at hand. Mr. Ryder asked if he was indicating the application should be withdrawn and'Mr. Lambert questioned if it should be tabled? ~. replied~ that it should not be tabled as he doesn't f~ it should be tied into a specific case to ~explore the ether avenues. Mr. Annunziato agreed, Mr. Boose officially requested the withdrawal of this appli- cation from Mr. Michael for rezoning with the understanding that he will make his services available to the City staff to consider special exceptions in the ordinance and they wilt re-submitthis application. Mr. Walker moved to ac- cept this formal withdrawal of the application from the applicant's ~o Eostner seconded the motion. Motion carried 7-0. Chairman Kelly then declared a five minute recess. He called the meetingback to order at 10:28 P. M. and requested that the record Show that Mr. Reiser had to leave at the time the recess was called, as he just took his wife home f~om the hospital. P~rcel #3 - The West 334.83 ft. of Lot 6, Sam Brown Jr. S/D Recorded in ~Plat Book 1, Page 8~, Palm Beach County Record, less any previously dedic~ated road ~/W for ~. S. Highway#1 Address - 2280 N. Federal Highway Parcel #4 - The West 326.01 feet of the South 67.29 ft. and the South 1.5 ft. of the North 70 feet of the West 245.39 feet, Lot 5, Sam Brown Jr. Hypoluxo recorded in Plat Book 1, Page 81, Palm Beach County Records, Less the We~t 94 feet thereof for Road R/W Address - 2300 N. Federal Highway MINUTES PLANNING & ZONING BOARD PAGE NINETEEN JULY 13, 1976 Request - Rezone to C-4 from C,3 Use - Parcels #3 and 4 -Boat Sales Agency Applicant - Thomas Boffey, President, Gulfstream M~zrinaRestaurant & Motel, Inc. Mr. Lambert asked te be excused from participating in this because of his personal interes%~.~ its possible outcome. Chairman Kelly ~ranted this request and a~ked him to take a seat i$~the audience. Mr. Thomas Boffey stated his name and that he was the owner of Gulfstream Marina and lives on the premises. He informed the Board that his primary interest was not necessarily to obtain C-4 zoning, but to use the land as a boat sales agency. Let 5 was previously a residence and used for a businems by a palm reader. At present, it has an unsightly frame house and is overgrown with vegetation. He referred to his present business and stated he would like to use this parcel as a first class operation also. He has met with the people in Las and was told the Association itself was not ob- Jecting but as individuals they reserve the right to object and plan to present a petition. He has talked to the people who signed the petition and their main objeCtio~ was the C-4 and not the boat sales agency. He then ad several people in Las Palmas st~ have no to the boat sales agency use as as the many signatures are the same as e the C-4 He re( that the City Council a agency be C-3 zone in form He added that objecting to recommend to the under the ;ional use and re- ferred to , He clarified that he was the Board to make a recommendation to the City Council not necessarily to change the zoning to C-4, but to allow a boat sales agency im C-3. ChairmanKelly questioned if he was changing his application and Mr. Annunziato replie~ that the difference is that the previous one required a public hearing and this would not have to be advertised. He clarified that Mr. Boffey was asking the Board to say approximately 240 feet cannot be used reasonably as C-3. In his opinion, he would have to object as a 240 ft. depth offers an amount to be used reason- ably. Mr. Boffey continued that in talking with the residents, they gave him the impression that they do not want C-4 zoning with thinking about what could happen in the~future. Their attitude is that he doesn't necessarily need C-4 zon- ing to have a boat sales agency. Mr. Ennunziato replied that a boat sales agency was only allowed in C-4. See Mins of 7/27/76 MINUTES Pt~.~NNING & ZONING BOARD PAGE I~ENTY JULY 13, I976 Mr. Ryder noted that prior to the 1975 change, this was zoned C-1 and did not permit a boat agency. Naturally, this ca~ot be grandfathered in to permit that use. He didn't see how they could give official sanction. He asked if they were proceeding with the change in zoning or not? Mr. Boffey re- plied that he didn,t know if he wouldhhave to re-submit his application, but Lot 6 which ha~ the marina previously did have C-1 and it did have the boat sales. Prior to the J~ue 1 was in of t~g out a Mercury motor way showroom did tell him with the new that the the leave the ne and part reasons tute If way the. would be Chairman concern~ed the other a it have the contract is to have a high- and the BUildinE Department ~d to Department referred to he could I~ the and they cannot come should come would be denied it would consti- boats. He ex- the boats. to their because of the best solution it. ~ mostly follow the route Withdraw forma~l~. ~. Annunziato asked if the Board felt of C-3 could asked if he Ad Annunziato re ~d that the Board of Ad special exce' when they ~are not ships, etc. Mr. Schmidt added that the could not change use and ~, agreed. 240 ft. Chairman Kelly and ~. could m~e , hard- of Adjustment Mr. Ryder con- tinned that he thought this ~ should be withdrawn. He doesn,t think this Board He thinP~ it should be withdrawn and should th~ other avenues. Mr. Annunziato hat if offey to withdraw his application, it is his decision° He .ed that there were tWo ~s to a could pursue not being able to use C- ParagraPh 4, the Board cou Mr. Kostner in composed this but they reque an which they never received. 4-C and offer him come under Page 40, this. He explained how :ceptions according to this. previous Building Official Board went along with it, from the City Attorney MINUTES PLANNING & ZONING BOARD PAGE TWENTY- 0~ JULY 13, 1976 Mr. RogertSaberson stated his name and his address as 1S.E. 4th Avenue, Delray Beach° He informed the Board that he was the City Attorney for Delray Beach and has had some experience with ordinances of this nature and could possibly help the Board. He explained how the uses would be restrictive even if authorized. The man.would have to make a specific show- ing because of the size of the property or peculiar charac- teristics, etc. that it could not be used ~der the existing classifications. The ordinance states the Board of Adjustment shall not grant a variance for use. Even if it did, it would only be on restrictive grounds. Mr. Kostner stated that the simplest procedure to follow would be to include boat sales under C-3 and Mr. Saberson agreed. Mr. Kostner contdmued that he was sure the City Council would go along with that. Mro Saberson referred to the 240 ft. depth and how they must consider the district regulations which are to reduce access~points to Federal Highway. Chair- man Kelly referred to several other uses permitted in C-3 which would create a lot of traffic ~d Mr. Saberson agreed. Chairman Kelly informed him that this ordinance went through the Board with the time limit. They have agreed that it some ~ts. They discussed fur- ther how some cl ~c Mr. An~uziato informed them that the Git~ ey has requested that all changes be given a public ¥~. Boffey referred to Mr. Saberson's reference regarding ~dditional problems with egress and ingress and stated that he was not asking f~r additional use at this time. They do not have any problems at this time and are not making addi- tions. Chairman Kelly replied that he thought ~. Saberson was referring to Virgin use. Mr. Boffey continued that every- thing is existing and has ~ot created any major problem. Mr. Kostner clarified tha~ he need!ed display room for the boats on the highway and ~o Boffey agreed that was all he was~mking for. He stated again that he does not need C-4 zoning, but just w~uts a bo~t sales agency. Mr. Ryder referred to this property being zoned R-3 prior to 1975 and asked how long the marina had been there and Boffey replied: 12 years. Chairman Kelly added that this is where the special exception came in previously. Mr. Boffey stated he would be happy to withdraw his applica- tion if the Board feels the City Council should review the ordinance. Chairm~ Kelly replied that since most of the people were afraid of what C-4 might bring, possibly he may not get objections to C-3 permitting that use. They'would have to go to public hearing if the Board wants to go that route and make recommendations for change. He then requested comments from the Board members. MINUTES PLANN~MG & ZONING BOARD PAGE TWENTY-TWO JULY 13, 1976 ~. Kostner remarked that if ~. Boffey was going to with- draw his application, nothing is necessary. Mr, Boffey requested the indulgence of the Building Depart- ment until this gets in front of the City Council and to allow the boat sales to remain until this is resolved. Mr. Schmidt stated that to his knowledge, the first time Mr. Boffey ever approached the Building Department about beat sales was after he bought the boats and then he applied for an application for ~oat and motor sales. They could grant the application for motor sales in the shop without an out- side display, but could not grant a license for boat sales. He pleaded about having money invested, boats on the way, had the dealership, etc. the applicatio~ for re the for 60 days. is the only reason did not tie down was wh have been there eight remove the boats, it is drag their feet and be over a year. petition, but have to take action to re~ given to remove the boats uested to stay there until made. If he was not granted would move the boats withi~ [ work with him and that now. The thine they rezoning. They two months to are going to will the ,n they will days were application was denied. N~. Boffey agreed that ing and stated he would do it with Mr. Schmidt,s stat~ .t in that the boats were for the showroom, but after had the building renovated. Mr. Bushnell. Mr. Bushnell told him that boat sales would essence in re-apply- He disagreed the eXisting sales prior to his application eived permission and with Mr. Barrett and verified that Mr. Barrett allowed after the zoning change. After the zoning chmuge, he was told he would have to move the boats. He has a tremendous amount of mo~ey in- vested. Mr. Boffey then officially withdrew his application and added that he would not drag his feet in re-applying. Mr, Kostner moved to accept Mr. Boffey's request to withdraw his appli- Cation for rezoning at the Gulfstream Marina. Mr. Winter seconded the motion. Motion carried 5-0. A member of the audience asked if a license was required to sell boats and Chairman[elly replied that the City did re- quire an occupational license. This same man continued that he understood that Mr. Boffey did not have a license and Chairman Kelly requested Mr. Schmidt to answer. Mr. Schmidt stated he believed he was given a license on the conditions stated. The boats were ordered and he had to have a place MINUTES PLANNING & ZONING BOARD PAGE TWENTY-THREE JULY 13, 1976 to put them sion. Mr. the master ~:~lenient they granted conditional permis- that the boats were there prior to zoning change. Disc~mssion-of Proposed Ordinance No. 76-20 _Regarding Zoni~ Or~dinance and Publ.~c Ees~ings Thereto Mr. Morton Levine stated his name and his address as 25t5 N. E. 2nd Court and referred again to representing the Owners League of Village Royale on the Green. There are 880 families residing in this one small section of Boynton Beach and within close proximity of their homes they have been advised that a farmers flea market has been proposed for a 29 acre tract. The people intthis area wish to advise this Board that they are against elopment of such an enterprise and recom- mend that the passage of the proposed s: hazardous condi~ sufficient ret type of the area. transient permanent with 793 City Council does recommend to the City Council the ~sed amendments. He explained how this market represented an extremely traffic. Second, there are in the immediate vicinity and the proposed certainly is not necessary in 'e would probabl~be the problem of with stalls being rented on a non- TO back this up, he petition signed ~res which he is present to the urge the passage of two amendments. Chairman. Kelly referred to this ordinance section not being too long mud suggested that it be put into the record. ~. Annunziato then read proposed Ordinance No. 76&20. Chairman Kelly then ascertained that nobody else desired to spesk on this ordinance having only one other person left in the audience besides Mr. Levine. He then declared the public hearing on this matter closed. Mr. Lambert stated that in view of the fact he is sure every~ one on the Board has read ahdt~reviewed this particular pro- posed ordinance, he made a motion that the Planning & Zoning Board recommend to the City Council the adoption of proposed Ordinance No. 76-20. Mr. Ryder seconded the motion. Motion carried 6-0. Minutes of June 22, 197~ Mr. Ryder made a motion that the minutes be adopted as read, seconded by Mr. Lambert. Motion carried 6-0. Adjournment Mr. Winter moved to adjourn, seconded by Mr. Ryder. Motion carried 6-0 and the meeting was properly adjourned at 11:16 P.M. ding Secretary (Four Tapes) AGENDA Date: Time: Place: PLANNING AND ZONING BOARD Regular Meeting July 13, 1976 7:30 P.M. Council Chambers City Hall 1. Acknowledgement of Members and Visitors. 2. Reading and Approving of Minutes. 3. Announcements. 4. Communications. 5. Old Business: 1. Discussion of Ordinance No. 76-20 (Proposed) Regarding zoning ordinance and public hearings thereto 0 New Business: 1. Gulfstream Esta.~es Subdivision Plat Map - Final Southeast 35th Street Rep., Joseph Barbara 2. Norman J. Michael Golfview Harbour - Rezoning Rep., Norman J. Michael 3. Gulfstream Marina Restaurant & MDtel, Inc. Rezoning Rep., Thc~as Boffey, Pres. 4."LeisureVille Market Place" Rezoning Rep., Jan A. Wolfe & Associates 5. "Leisureville Professional Plaza" Rezoning Rep., Jan A. Wolfe & Associates