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Minutes 05-11-76MINUTES OF THE ~REGULAR M~ETING OF THE PLANNING & ZONING BOARD ~LD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, MAY ll, 1976 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairman Fred Kostner, Vice Chairman Richard Lambert Louis Reiser Simon Ryder Oris Walker Garry Winter E. E. Howell, Bldg. Official Chairman Kelly welc~med everyone present and called the meet- ing to order at 7:30 P. M. He introduced the members of the Hoard, Mr. Howell and ~s. Eruse. He announced they would dispense with the regular order of business and proceed with the public hearing. Public Hear~in~ Request for Rezoning Annie Miller Property 1212 N. W. First Street Chairman Kelly asked if Mrs. Miller was present or anyone to speak on her behalf and received no response. He noted that the application was not signed. He added that his understand- ing was that this was inadvertently thrown into the City Owned zone. Mr. Howell clarified that M~s. Miller owns this property, but it was never really zoned. This was discovered Then she applied for a permit. Mr. Ryder referred to the application stating on Page 1 that it was City owned property and Mr. Howell informed him that the application stated the name of the owner as William and Annie Miller. Mr. Kostner explained that this parcel was never really zoned. It belonged to the City originally. Mrs. Miller purchased this property, but did not record the deed. He believes all they have to do is give it zoning according to what the Board deems important. In the absence of Mrs. Miller or a representative, Chairman Kelly requested ~. Howell to outline a recommendation. Mr. Howell referred to this property adjoining R-~A and R-2 property. There is a single family residence on the property, In talking with ~s. F~ller, she is not interested in R-2 and due to the fact it is between R-lA and R-2 and conforms more to R-lA, she has requested R-lA zoning. Mr. Ryder asked if the City had any plans for this property and M~. Howell replied: no. ~. Walker stated his understanding was that the City leased the property to ~s. Miller and Chairman Kelly replied that the deed was never recorded. MINUTES PLANNING & ZONING BOARD PAGE T&O M~Y ll, 1976 Mr. Ryder referred to the zoning map and pointed out that it was located between R-2 and R-3. He questioned if it would be fitting to zone just this one lot R-IA? Mr. Howell pointed out that R-lA did join this property to the south. Mr. Lambert questioned the purpose of this request and Howell replied that Mrs. Miller came in for an addition. They did issue a permit, but when checking the zoning they discovered it was zoned CO. She then presented her deed showing she owned the property. In this particular case, he did issue the permit, but had to show the zoning as CO. Mr. Lambert asked if zoning this property ~A~would make it non-conforming and N~. Howell explained that the house con- formed according to setbacks and footage. Mr. Kostner stated he didn't think there was a need for a great deal of discussion. It seems to be in good order. It fits into the area with regards to the various zones appli- cable to the area. He would favor this request. Chairman Eelly asked if anyone in the audience desired to speak in favor of this application and received no response. He then asked if anyone was opposed and received no response. He advised they had received a copy of a letter signed by Annie Miller to Mrs. Padgett stating no objection and she is in agreement with the zoning of R-lA from CO. Mr. Kostner moved that the request of the property owned by Mrs. Miller and shown on the map, which has heretofore not had any zoning applied to it, be granted and recommendation b~ made to the City Council that this request for R-lA be recommended. .Mr. Winter seconded the motion. Under dis- cussion, Mr. Ryder asked if it had been checked if every- thing else noted as CO was CO and ~. Howell replied: yes. Motion carried 7-0. Request for Rezoning Marion Dewey Property 2862,.2868 & 2972 S. Seacrest Blvd. Rep. - Jamie L. Couch ~. Jamie Lo Couch stated her name and her address as 302 Lake Avenue, Lake Worth. She informed the Board she was represent- ing Mrs. Dewey for Lots 1,2 and 3, Dewey Heights. She wants to rezone these three lots for six medical offices. Dr. Dewey, ~s. Dewey's son, is hoping to make a bra~¢h office here. He nowthas an office in West Palm Beach. She showed a picture of ~e proposed offices to the members. She added that she also~ad a survey map. The members discussed the location and the other medical offices in the area. Ms. Couch MINUTES PLANNING & ZONING BOARD PAGE THREE MAY 11, 1976 added that she~knows there is a shortage of doctors in the Boynton Beach area accepting patients. There are two doc- tors interested who want to lease offices if this goes through. Chairman Kelly asked if she was a realtor and Mm. Couch replied:no, she works for Dr. Dewey in West Palm Beach. Chairman Eellyasked if anyone in the audience desired to speak in favorof this application and received no response. He then asked~if anyone was opposed ~ud the following aW peared before the Board. Mr. William Benjamin stated his name and his address as 2859 S. E. 1st Court. He informed the Board that his house was directly behind this proposed building. He believes there is not ample room to build what is shown. There is also a drainage problem now. He understands he will be inflicted with a parking lot directly behind his house. With Seacrest Boulevard and the drainage as it is, his porch and house sit at least 28t' below street grade. If they are going to build something like this, how much are they going to raise it? He is definitely opposed to anything like this being buil~ there. Mr. Lambert replied that this complex would not be allowed to ha~¢e drainage towards his back yarda Mr. Howell added that the code requires any parking lot to take care of their own water, such as approved dry wells or an area on the property to handle the water. It must be approved by the City Engineer, As to the height of the building, it would be 16" above the crown of the road to the floor if residen- tial and commercial must be ~. Mr~ Benjamin referred to the building adjoining his lot, which is Dr. Spencer's office, and this parking lot drains on the property below it. Chairman Eelly questioned when this was built and if the same requirements were in exist- ence then~ M~ Howell replied that he did not really know when this was built, but believes it was a residence at one time and was converted to a dental office. He would have to investigate this. Chairman Eelly added that he believed the Building Department would make sure these requirements were met and Mr. Howell agreed they would definitely be en- forced and added that the Building Department works with the engineer. Mr. Ryder stated that dry wells, etc. are not substitutes for storm sewers and there would be runoffs in heavy rains. Mr. Howell explained how the size of the parking area was taken into consideration and the paved area was required to slope to the dry well. Mro Ryder explained that it was a matter of percolation° MINUTES PLANNING & ZONING BOARD PAGE FOUR MAY 11, 1976 Mr. Benjamin told about living in his house for four years and the problems he has had with the water draining, He then referred to Seacrest Boulevard being widened and ques- tioned where they were going to get the landffrom? Mr. Ryder replied that his understanding w~ that the widening would be on the west side. Mr. Howell added that the widen- ing is already set and they do have the rights-of-way. He told about the County's plans. Mr. Ryder asked if it was to be widened on the west side and Mr. Howell replied not neces- sarily all along, but they have acquired the rights-of-way. Chairman Kelly then referred to the location of the concrete telephone poles and this was discussed. Mr. Kostner also pointed out that there could be a problem if this road was widened on the east side. Mr. Mostner asked about the building area and Ms. Couch pre- sented a site plan to the members~ Mr. Howell pointed out on this plan that the right-of-way was 40 ft. from the center line of Seacrest Boulevard and explained that this indicated that allowance was made for the widening of Seacresto Chairman Eelly asked if the drainage would be provided for when it was widened and ~o Howell replied that he was sure they would and gave the example of how it was done on the 2nd Avenue overpass. Also, they definitely do make parking areas handle their own water. They are not allowed to drain on a neighbor's property and if they do, they can be cited. ~. Benjamin referred to the possibility of draining towards Seacrest and questioned how much of a grade there would be for the drainage? Will there be 5 ft. of grade at the back of~his house? Wh~t are they going to hold up the fill with? Mr. Lambert explained that a buffer was required and also a retaining wall when building up the grade. Mr, Howell agreed. Mr. Benjamin referred to the 30 ft. setback and how it would cut down the property as far as building space° ~. Howell pointed out that it was 108 ft. deep and there was plenty of room for a building. Mr. Kostner explained how an elevation drawing would be helpful in this case. Mr. Howell asked what street Mr. Benjamin's house faced and Mr. Benjamin replied: 1st Court. Mr. Howell referred to his previous statement regarding where his house sets in relation to the street grade and Mr. Benjamin clarified that his house is above ls~tCourt, but is 28" below the crown ~f Seacrest. M~. Lambert asked if it was possible they may even cut some of this out before building and Mr. Howell replied that there was always this problem on a hill. In this case with this m~n directly behind the property, engineering~wise they would not allow somebody to pave here, There would have to be fill put in here and ther~ would have to be a retaining MINUTES PLANNING & ZONING BOARD PAGE FIVE MAY 11, 1976 wall. This may even help ~. Benjamin's pro~lem~ As far as the hill, there definitely could not be any paving on an angle. ~. Benjamin stated that as far as rezoning this to commer- cial, he feels it would downgrade his property. As far as the need for doctors, this ms beautiful, but just try to get one. There are doctors' offices in the area and he doesn't see the need for more. He thinks there is more property available in this zoning classification. He bought his house with the understanding it was residential four years ago and there is nothing to say it will stay residential, but he likes it as it is. Mr. Lambert asked if he had thought about the R-IAA classification on that property requiring 1500 sq. ft. and if it would be the highest and best use for that property on a four lane highway? Has he considered having multi-family there? Mr. Benjamin replied that he would also go against multi-family° He wants it strictly residential. In that area, they have more than enough commercial zoning. He referred to land for sale in the area zoned commercial. They are being squeezed into commercial and he doesn't like it. He would like to see houses in that area and thinks people would build homes and doesn't think the Widening of Seacrest would have that much effect on it. He agreed they needed the widening of Seacrest and explained. Mro Steve Frazier stated his name and his address as 2865 S. E. 1st Place, He informed the Board that he is directly behind this property. His house is so low, he cannot see Seacrest. He explained the present problem with drainage also. asked if he thought it woUld be aggra- vated and Mr. replied that he believed so with bring- ing up the grade, He agrees with Mr. Benjamin and feels it should be a residential district. It is a nice residential district. He is against this rezoning. Mr. Lambert informed him that this property was about 400 to 500 ft. away from his house and showed him the aerial photo. Chairman Kelly asked if the tit~ was with ~s. Dewey or in the position of administratrix and Ms. Couch informed him that Mrs. Dewey was administratrix of Dr. Dewey's property. Mr. Loyal Rohrbaugh stated his name and his address as 2857 S. Eo 1st Place. He informed the Board that he lives next to he aosp~tal parking lot. There ~s water ~n h~s yard from the parking lot. He told about the traffic going through the parking lot and how ii was a hazard. He then referred to five inlets and outlets in one short block with the medical complex and tSe church on the east side an~ how this was dangerous. He stated that in putting in a parking lot, they run the ~ain fields with the water instead of cross- ways and he thinks this is poor engineering. With all this MINUT~k~S PLANNING & ZONING BOARD PAGE SIX MAY Il, 1976 pa~king, all they have is asphalt. He has not seen any re- quests to change commercial preDerty to residential. At 28th & Seacrest, water is standing which causes flooding of motors. There are new homes on 1st Court. All water lays in the driveways of these homes. He is very much against this rezoning. He has put up with this with living here for 14 years. It was open space and residential when he moved there. The parking lot was put on R-1AA zoning. He is very much against this rezoning. Mrs° Peggy Nanschum~ker~ stated her name and her address as 2848 S. E. 1st Court. She informed the Board that she lives right across from Mr. Benjamin's property. She bought the first lot from Dr. Dewey. This land was residential and always has been residential. This will downgrade three classes. She referred to a meeting of the Board in October, 1975, when zoning of the N.W. corner of 23rd Avenue & Seacrest was dis- cussed and ~. Smoot, the Planner, advised that they had enough commercial. She strongly urges the Board to deny this request. It is not fair to impose a parking lot and medical building with all the children in this area. She works with a doctor and knows how many people come. Seacrest is there, but it is better to live by Seacrest than a railroad. Please do not downgrade the zoning. Mr.. Kostner referred to studying the proposed layout and ob- served there see~s to be building and parking areas, but very little other space available. He does not see how water can be kept on the land. It is practically all asphalt. He does not believe the water can be contained on this piece of land. He then counted 28 parking spaces with very little land left. He pointed this out to the members. Mr. Ryder referred to the meeting referred to by Mrs. Hanschumsker~ and agreed that Mr. Smoot had brought to their attention that they had adequate C-1 on both sides of Seacrest. Also, he noticed a number of for sale signs in this area. Apparently thelland is there and is suitable for this tyge of use. To extend this zoning looks like spot zgning to him. Chairman Kelly informed him that C-1 was contiguous. Mr. Ryder con- tinued that he calls it spot zoning. He is trying to point out there is adequate C~1 zoning on Seacrest and he does not see any justification for changing at this time. Nm. Lambert referred to 9~ of the conversation being in re- ference to the water problem. He wonders if it would be in the best interest to have it referred to the City Engineer for his commen~s on this particular problem. He doesn't think it is dOing justice to the applicant. He lives in this area and ~ould like to see ~ha~ the engineer has to say. Possibly it ca~ be rectified with this construction. Mr. Reiser agreed. MINUTES PLA}SlING & ZONI%~'G BOARD PAGE SEVEN MAY 11, 1976 ~. Ryder stated he felt this was not the issue, but whether to provide additional C-1 zoning when there is adequate zon- ing. Certainly if there is no other solution, a retaining wall would possibly solve the problem. However, there is no need for additional C-1. ~. Winter stated if thp~y~p~uld allow this, he feels they would be creating a ~~ffect. They have an area for C-1 and cannot see going beyond it. Mr. Walker stated they have an area for C-1 zoning and if they decide to allow it, he believes it should be referred to the City Engineer for further study. Mr. Kostner stated after reviewing the proposed layout, he doesn't see how water'could be contained on the lot with everything being asphalt~ Ne explained that he thought the engineer should look into this. He feels the engineer should give it a thorough going-over before the Board makes a recom- mendation. Chairman Melly agreed and suggested tabling it until a report was received from the engineer. Mr. Lambert moved that this particular request be tabled and the information be referred to the City Engineer for his recommendations and/or comments in relation to the drainage problem. Mr. Mostner seconded the motion. Under discussion, Mr. Ryder stated he thought this was entirely out of order. They must face up to the problem and he doesn't see where it is dependent on the water situation. They have adequate C-] zoning and he doesn't think the water is their problem. He doesn't think they should get into this. They have somethirz~ which is paramount and that is zoning. Chairmsn Kelly stated that he has been listening to the public and is trying to cover both sides of the question. He doesn't think there would be any harm done in awaiting the report. Mr. Kostner clarified that it did not mean the Board would automatically recommend approval if they get a favorable recommendation from the engineer. Mr. Lambert agreed with M~. Kostner and added that he thought it would give the Board and all inter- ested parties a further opportunity to study that area. Also, in his observation, he questions if there is too much C-~ property in the area. He doesn't think it is fair to turn down a medical building just because it has C-1 zoning. He think~ they need more medical facilities. He thinks the neighbors should consider the alternatives. He questions building a 1500 sq. ft. home abutting commercial property ~nd on a Tour lane highway. ~. Walker referred to this being advertised over a 30 day period and he thinks they should be familiar enough with the area to be able to deter- mine whether they want to rezone it. He thinks they should MINUTES PLA~NING & ZONING BOARD PAGE EIGHT ~Y 1t, 1976 make some decision whether it should be zoned for the medi- cal building or R-1A~. He doesn't think it is proper to throw it into the hands of the City Engineer and then have it come back for a rezoning decision. Mr. Winter stated that whether the City Engineer reported they must do something about the water concerns R-1AA as well as C-1~ What they are concerned with is not the Water runoff because the City Engim neer must determine this no matter how the property is zoned. The main question is whether to recommend the rezoning or leave it as it is. Chairman Kelly then requested a roll call vote on the motion and Mrs. Kruse took it as follows: _Mr. Walker m No Mr. Kostner - Yes ~o Kelly - No Mr. Lambert - Yes ~. Ryder - No M~. Reiser - Yes Mr. Winter - No Motion defeated 4-3. Mr. Ryder moved that the application for rezoning the Dewey Property at 2862, 2868 & 2872 S. Seacrest Blvd. from exist- ing R-1AA to C-1 be recommended to the City Council to be denied° Mr. Winter seconded the motion. Chairman Kelly re- quested a roll call vote and~Mrs. K~mse took it as follows: Mr. Walker - No Mr. Kostner - Yes ~. Kelly - Yes Mr. Lambert - No, he thinks the prime concern was the drainage and he doesn't think they have accomplished anything. Mr. Ryder - Yes Mr. Reiser - No Mr. Winter - Yes Motion passed 4-3 to recommend denial to the City Council. Mm. Benjamin appeared before the Board again and informed them that he knew there were plans underway by other people seeking professional offices from 23rd down. He added that more property was available in this area with not as much residential. Chairman Kelly replied that it was not rela- tive to this question. The Board is recommending that this application be denied. Mr. Benjamin stated that he was just trying to briag out that this location is not that critical to rezone to~c~mmercial property. Mrs. Easter W~lson stated her name and her address as 150 'N. W~ 12th Avenue. She referred to receiving a letter re- garding the Miller property and asked why she had to come MINUTES PLANNING & ZONING B(~ARD PAGE NI~E MAY tl, 1976 to this meeting and Chairman Kelly informed her that the City ordinances required that people living within a 400 ft. radius be notified of the application in case they have objections. Abandonment of Easement Palmland Development Corp. Tract '~B", Charter Horld Repe- Mike Rubin Chairman Kelly announced that Mr. Rubin telephoned him this afternoon advising that he would be unable to attend this evening, but he would send a representative° He then ascer- tained that the members had received all the material per- taining to this application and complimented the City Depart~ ments for supplying same. Mr. Ryder referred to an easement being abandoned and asked about a substitute easement. Mr. Berle Gentry stated his name and his address as 261 NeE. 15th Street, Delray Beach. He informed the Board that he prepared the legal descriptions for Palmland. Mr. Ryder asked if Tract ~ was to be the sub~ stitute easement? Chairman Kelly referred to the notice stat- ing that Tract Bwas to be abandoned. ~. Howell informed the Board that they were requesting the abandonment of this be- cause they are going to revise this plat. ¥~. Gentry agreed and added that the existing easement would be in conflict with the proposed buildings. Tract A is fully developed and Tract B is the one to be abandoned. The requested easement would follow the same line with slight revisions. Mr. Howell pointed out that the dotted line was the old easement and the solid line was the new easement on the plan. Mr. Gentry also explained the drawing. Another representative informed the Board that Charter World Plats 31 and 21 encompass four Tracts, A, B, C, and D, and they were platted for 60 units per tract~ The sewer and water was completed on the basis of 60 units per tract. Tract A is completed. Tract B will have 52 units of a different design. They are asking for this abandonment in Tract B to get more room for the placement of the buildings. They will be coming back in a few months asking for the same for Tracts C and D. There will only be a total of 152 units in these 3 tract~ instead of 180. M~. Ryder asked if a copy of this plan had been executed by Palmland and the man replied: yes and it is on file with ~s~ Padgetto Chairman Kelly then read the memo sent by ~s. Padgett to the various City Departments and their replies indicating no objections to this abandonment. He also noted a copy of the public notice was attached. MINUTES PLANNING & ZONING BOARD PAGE TEN MAY 11, 1976 ~. Lambert referred to the last time they discussed the abandonment of easements and it was questioned if there were any existing pipes in any shape or form ink, the area. Mr. Gentry informed' him that there were ~nderground utilities. Mr. Lambert asked if they had to be removed and ~. Gentry replied: no, the easements would give coverage. Mr. Lambert asked if the parking was all right and Mr. Howell informed him that it had been checked by the Utility and Engineering Departments and has been approved. Mr. Ryder stated in view of the fact the various City agencies have indicated no objection, he makes a motion that the plan presented for Charter World Tract B be recommended to the City Council for approval of the application for abandonment of the easement and a substitute easement be accepted in Tract B as indicated on the plan dated 2/27/76 submitted to the City Clerk. Said plan indicates easements to be abandoned and new easements for which approval is sought by the City Council. Mr. Winter seconded the motion. Motion carried 7-0. Mr. Kostner referred back to the application for the Dewey property. He referred to a letter submitted which should have been included in the recOrd. Chairman Eelly agreed and apologized for overlooking it. He ascertained that each mem- ber had received a copy of the letter from Ascension Lutheran Church and requested that the following letter be spread upon the minutes: "The following is a true copy of the resolution adopted unanimously by the Church Council of the Ascension Lutheran Church, a nonmprofit corporation, registered in the State of Florida, City of Boynton Beach and located at 2929 South Seacrest Blvd., representing, at the time of this writing, a total of 600 adults, most of whom are property owners in the City of Boynton Beach. TO: THE CITY COUNCIL OF BOYNTON BEACH and THE PLANNING AND ZONING BOARD We strongly object to the proposed rezoning as it re- lates to those properties included as part of Dewey Heights, lots 1, 2 and 3, on the east side of South Seacrest Blvd., addresses 2862, 2868 and 2872 South Seacrest Blvd., previ- ously zoned R-1~A and requested to be rezoned to C-~. We would strongly object to any C-1 usage knowing full well that it would cause a serious traffic problem to an al- ready dangerous point of South Se~crest Blvd.; it is at the crest of the only hill in Boynton Beach. This area already accomodates children walking to St. Joseph, Plumosa and At- lantic High Schools. MINU~S !~LANNING & ZONING BOARD PAGE ELEVEN MAY 11, 1976 Inasmuch as there is no guarantee that either the City Council or the Planning and Zoning Board could give that would restrict C-1 property owners from any of the uses provided under the code, we would contend it is in the interest of the intended purpose of the rezoning project to keep these pro- perties at R-1AAo~ CHURCH COUNC~ REPRESENTATIVES Vice Pastor - Rev. Ralph W. Birk Vice President - Harry Ziegelbauer Treas.-Secretary - Mrs. Don Olson Financial Secy. - Mrs. Ivar Oo Iverson Nrs. Louis Ostrom Mrs° Gary Hardter Mro Eeith Hansen Mr. Fred Lowe Mr. Edward Ce Beck Mr. Edwin Truhan Mr. David Bushnell Mrs. Hazel Wenger The members discussed this letter and whether it was neces- sary to recopy it ~ud other correspondence received into the minutes. Old Business Preliminary Plat Cogen Annexation S. Congress Ave. & S. W o 23rd Ave. Rep. - Joseph Cogen Mr. Charles Fronrath appeared before the Board. Chairman Eelly referred to this being noted as a preliminary plat on the agenda and stated that this is about the fifth time M~. Fronrath has been before this Board. He read the Board's previous review of this plan from the minutes of March 9 and their suggestion regarding ingress and egress roads. He recommended that this be called the fourth draft instead of preliminary plat. Mr. Ryder referred to having previously vot~d~ against this plan primarily because the south tract proposes homes directly on Congress Avenue. He reminded the Chairman that subsequently when this came before the Council, some questions were raised and the Mayor did not seem too happy about putting homes on Congress Avenue. He has checked this new plat and sees that it still remains that way. Mr. Fronrath referred to a lot of commercial zoning in this area and stated they would like to go along with the same type zoning that Mr. Michaels has on the east side, such as apartment zoning. They would like to go with R-3 zoning with a depth of i500 ft., the same as across the street. They have considered the value of the property and are afraid that commercial will~ sit there for a long time wish so much commercial in the area. I~. Ryder referred te MINUTES PLANNING & ZONING BOARD PAGE TWELVE MAY 11, 1976 the annexation request being R-1AA and commercial and now R-3 is referred to. Mr. Fronrath agreed and stated they have decided to go along with R-3, the same as across the street, since he and others have expressed doubt about com- mercial. Chairman Kelly clarified that because of observa- tions, they have apparently reconsidered and instead of ask- ing for single family residences, they would rather have a R-3 strip. ~. Fronrath agreed and explained this on the plan. The members discussed and studied the plan. Mr. Howell pointed out that with~C~3~~, it must be approved by this Board. Mr. Ryder stated he was still not too happy with residential along Congress. He told about the feelings of the people in Leisureville living along Congress. Mr. Kostner questioned the ingress and egress on Congress Avenue? Would there be a service road? He doesn't think there should be any exit on Congress. ~. Fronrath agreed a~d added that they must satisfy the Engineering Department, D.O.T., etco Mr. Winter stated he would like to see a further plan. M~. Fronrath informed him that Tom Clark was calling this a ten- tative plan and he will bring a finalized plan to the Board for approval. Mr. Winter asked if R-3 was shown on this 500 ft. and the Board was u~happy, what would happen and Fronrath replied that they would change it. They have spent money for these plans made and want to know the recommenda- tions before presenting a final plano Mr. Lambert referred to the subdivision ordinance and flow pattern outlined and stated they were not following this at all and it is creating a mess. He would like to see this particular draft submitted to the department heads for their recommendations and/or comments. He would also like it de- fine~ about the State law regarding increasing or decreasing the zoning. M~. Fronrath informed him that he did meet with the Engineering Department. Mr. Lambert replied that he was talking about department~heads and other things must be taken int~ consideration. He gave the example of recreational fac- ilities. He also referred to a possible legal problem with the County density. He explained how he felt these qualified people in the City should give their recommendations. Mr. Fronrath asked how they could draw up a finalized plan with- out any zoning and F~o Lambert replied that he just wanted to take this plan presented and send it to the department heads. ~ Fronrath stated he was trying to do this. ~. Lambert referred to it not having gone before the T.R.~B. and ~. Fronra~h informed him they would not look at it without zoning. Mr. Lambert disagreed and referred to the ordinance. Mr. Fronrath replied that he has been mi~led by MINUTES PLANNING & ZONING BOARD PAGE THIRTEEN MAY 11, 1976 City employees. Mr. Howell explained that Mr. Lambert was right in quoting the ordinance which sets up the T.R.B. How- ever, the reason this plan did not go this route is because in that ordinance it says this man must show utilities, sewer, water lines, street elevations, complete layout, etc. It would mean about $20,000 for a tentative plan. Mr. Lambert replied that he was not asking for that. ~. Howell contin- ued that if they go by the book, this is what the Board would be looking at right now, according to the ordinance for a preliminary plan. This is why Tom Clark has called this a tentative plan for this Board to set zoning. Once zoning is set, this man can meet with the various departments and a plan can be drawn. Chairman Kelly announced he was entirely in accord with what ~. Howell outlined and thinks they have spent enough time on this. They should put a zoning on these areas requested. This draft can be marked and let him get to the point where he has definite zoning for recommendation to City Council. The Board will have a final look at it. Mr. Kostner and ~. Walker agreed, ~M. Winter also agreed, but added that what is presented is what he is going to act on. Chairman ~elly referred to the primary problem being along Congress. Several objected to single family residences and now a solution has been presented. He thinks they can make a recommendation tonight and mark it. Mr. Winter stated he didn't see how he could set 500 ft. and make it high density residential. Chairman Kelly informed him that it must com- ply with the maximum density established by the County. Mr. Fronrath stated that 4½ is the density. Mr. Winter replied that if this was the limit, he would act on that, but he could also request a change from the County. Mr. Fronrath informed him that according to State law, a change cannot be made for two years and they must go before this Board. The members then discussed whether a revised plan should be presented or whether they could act on the present one. They studied the plan further. They decided they could act on the plan presented with their recommendations noted in red on the plan.. Mr. Fronrath explained the tentative layout in question iden- tified with order No. 125726 dated December 1975. First he outlined Exhibit A requesting C-3 zoning fronting on Congress Avenue to a depth of 335 ft. for a total distance of 2262.51 ft. On t~he north end of property fronting on Woolbright Road between Woolbright and the canal, asking for strip of C-3 and due to the curvature of Woolbright narrowing to almost nothing at west end, approximately 2668.23 ft. There would be a buffer behind the commercial with the remainder of the property zoned R-1AA. MINUTES PLANNING & ZONING BOARD P~GE FOURTEEN MAY 11, 1976 Mr. Fronrath then outlined Exhibit B identified as a drawing dated December 17, 1975, by F. Louis Wolf & Associates, Architects, showing approximately 80 acres south of 23rd fronting on Congress. They are asking for R-3 fronting on Congress to a depth of 500 ft. with the remainder of the pro- perty to be zoned R-1AA. Mr. Ryder asked if the proper application had been made for zoning and ~. Fronrath informed him the application was for zoning and anne×ation. ~. Ryder referred to the Council act- ing like the zoning was not definitely established and Howell informed him that the City Council strictly annexed it. Mr. Fronrath added that Mayor DeLong wanted separate ordinances. Mr. Kostner made a motion that this tentative plat presented by Mr. Fronrath on the Cogen annexation identified as Exhibits ~ and B be recommended to the City Council for approval by this Board per the zoning as described on the plats. Mr. Winter seconded the motion. Under discussion, ~. Lambert referred to this motion passing and the recommendation being made to the City Council that this property be zoned as described and the City Council acts on it, they have estab- lished zoning on this particular property. He asked about the change~ planned and Mr. Fronrath informed him they would have to present a final plat to each City Department. Mr. Lambert referred to this recommendation being for zoning only and asked if he wanted to change some of the zoning and ~. Fronrath replied that this is what they want. ~. Lambert asked if it conflicted with the State law and Mr. Fronrath informed him that they must keep it at 4.5 Der acre. Mr. La~oert asked if a conflict woul~ be created and Mr. Fronrath replied: no, they will have to go to the County to get their approval since it was annexed. Mr. Lambert clarified only if it was increased or decreased and Mr. Fronrath agreed. M~. Ryder added that the site development plans will have to indicate that. Chairman Melly added that they know they have to stick with the County density. Mr. Kostner stated the motion was very clear and precise and just covers zoning and that is what they are voting on. Any other questions will be discussed later. They are zoning it now as indicated on the map and as requested. He does not see need for any fur- ther discussion. Chairman Kelly called for the vote and the motion carried 5-2. Mr. Ryder clarified that he voted no as he is in accord ~£th the fact this is the proper step to take, but feels residential development on Congress~ even R~3, is not desirable. ~. Lambert clarified that he voted no in respect to increasing and decreasing the density. He still~ feels they will be governed by the zoning book regard- less of the intentions. Chairman Kelly replied that they would stay within the r~strictions of the County and Mr. Fronrath added that they mu~t have approval by the Planning & Zoning Board and City Council. Chairman Kelly added that the ~0.6 density would not govern. MINUTES PLANNIT~G & ZONING BOARD PAGE FIFTEEN MAY 11, 1976 Other Business Chairman Kelly informed the Board that Mr. Schmidt had called his attention to Page 34, Section 8, No. 4, in the Blue Book. He read this section and questioned clarification. ~. Howell stated he thinks Mr. Schmidt was referring to the possibility of having no side setbacks. They discussed the exact purpose and meaning of this and decided to think about it further. ~inutes M~utes of Regular Me.eting of April 27, 1976 Chairman Kelly referred to Page 13 and requested that it state: realistic property "value" (the addition of value). Mr. Lambert moved that the minutes be accepted as corrected, seconded by Mr. Ryder. Motion carried 4-0 with Mr. Eostner, Mr. Walker and Mr. Reiser abstaining. Minutes of Special Mee~in~ of April 27, 19~6 Mr. Lambert moved that the minutes be accepted as presented, seconded by F~. Winter. Motion carried 4-0 with M~. Kostner, M~o Walker and Mr. Reiser abstaining. ~d j o ~urnment Mr. Winter moved to adjourn, seconded by ~r. Kostner. Motion carried 7-0 and the meeting was properly adjourned at 10:01 Respectfully submitted, Suzanne Kruse Re cording S e cre tary (Three Tapes) AGENDA PLANNING AND ZONING BOARD .Regular Meeting Date: Time: Place: May 11, 1976 7:30 P.M. Council Chambers City Hall Acknowledgement of Members .and Visitors. Reading and Approving of Minutes. Announcements. Co~mnunications. Old Business: Preliminary Plat Cogan Annexation S. Congress Ave. & SW 23rd Ave. 'Rep., Joseph Cogen New Business: Request for Rezoning Annie Miller Property 1212 N.W. First Street Rep., Self Abandonment of Easement Palmland Development Corp. Tract "B", Charter World Rep., Mike Rubin Request for Rezoning Marion Dewey Property 2862, 2868 & 2872 S. Seacrest Blvd. Rep., Jamie L. Couch Rev. 3/19/76