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Minutes 03-09-76MINUTES OF Thee REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, F~RCH 9, 1976 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairman Fred Kostner, Vic~ Chairman_ Richard Lambert Simon Ryder Garry Winter ABSENT Enrico Rossi Oris Walker (Excused) Chairman Kelly called the first regular meeting in the month of March of the Planning & Zoning Board of the City of Boynton Beach to order at 7:40 P. M. He announced they had been wait- ing for Mr. Walker to arrive, but do have a quorum with five members present. He then introduced the members of the Board and the Recording Secretary and added that Mr. Rossi was unable to be present due to business in West Palm Beach. He then acknowledged two visitors present, Mr. Charles Fronrath and Mr. Edward P. Duffy, Jr., each representing an item on the agenda. Minutes of February 24, 197~ Chairman Kelly referred to Page 6, third paragraph, and stated the one sentence should read: "He has yet to see an assessment that exceeded 50 to 60%." M~. Lambert referred to Page 3, next to last paragraph, and suggested eliminating the sentence beginning with t'I~' and ending with t'growth" pertaining to a cap on the population growth. Mr. Lambert made a motion to accept the .minutes as corrected, seconded by ~. Winter. Motion carried 4-0, with ~¢r. Kostner abstaining since he was not present at this meeting, Announcements Chairman Kelly informed the members that yesterday he and M~. Winter spent a couple hours at the Building Department and today, he and ~. Kostner did. Mr. Howell has promised he will amend the procedure at the Building Department, so any applicant will have to have their plans in the Building De- partment no later than Wednesday afternoon preceeding the meeting on the following Tuesday. Communications None MI~JTES PLAI~NING & ZONING BOARD PAGE TWO MARCH 9, 1976 Old Business Lake Worth Mariner Village Subdivision Wilm Way (Willard Road) Rep, r Paul cq~t~.~ Florida Coastal, .In~. Chairman Kelly informed the Board that ~. Conte requested this matter be postponed until the second meeting on March 23, as he was not prepared with the plan. Cogen Annexation S. Congress Ave. & S. W. 23rd Avenue ~ep. --Joseph Co~en Chairman Kelly requested Mx. Fronrath to step forward and~ referred to having new members on the Board and asked him to proceed with a current history. TM. Fronrath informed the Board that the property lies west of Congress Avenue on both sides of Golf Road. There are 120 acres on the north side of Golf Road, which was a muck pit, and it will have a 35 acre lake in this property. It was approved for annexation with the zoning of C-3 and R-1AA by the Planning & Zoning Board and City Council. Under R-1AA, he is planning to build 191 homes. He may possibly have a few less lots as he now plans to put in tennis courts and a ramp for boats on the lake. He feels it will be quite an asset to the City of Boynton Beach. It will not be strictly retirement, but for families. It abuts Quail Ridge. The parcel on the south is 80 acres and abuts the Village of Golf and will have four smaller lakes with the same type homes. On the south side, he is not asking for any commercial. On the north side, he is asking for C-3 commercial for approximately 335 feet in depth fronting on Congress and running to Woolbright Road and along Woolbright Road. Hie is asking for the. second lot from the corner of Woolbright Road to be zoned for a service station because it is directly contiguous to the westerly one acre which is being donated to the City for a water tower. Chairman ~elly asked if the service station was something new and ~. Fronrath replied that it was on the original and it is included in C-3 zoning, but they wanted to bring this to the Board's attention. Mr. Ryder referred to when this Board and the City Council recommended annexation and questions were raised regarding the R-1AA areas and C-3 areas, which were not specifically located at that time and they expected to get site develop- ment plans. He asked if this is what was being presented tonight and Mr. Fronrath replied: definitely. ~. Ryder continued that at the meeting regarding the annexation, he MINb~TES PLANNING & ZONING BOARD PAGE THREE M~RCH 9, 1 976 took exception to homes along Congress on the south track and he notes it is laid out for homes now. Mr. Fronrath re- plied that they will go any way the Board desires. He did not think the need was there for commercial and wants to keep beautification there. Mr. Ryder then asked if there would be any community recreational center and Mr. Fronrath replied that it was not a planned unit development. Mw. Ryder ex- plained that he thought there should be some kind of buffer. He added that he still takes exception to homes along Congress. Mr. Fronrath asked what type of buffer he would suggest and in reply, Mr. Ryder suggested that the other members should state their views. Mx. Winter pointed out that this would be the same type of arrangement as in Leisurevil!e with having R-1AA along Con- gress. He sees no reason to change it at this time. He would like to go along with the south side as shown. Mr. Lambert referred to the annexation stating limited com- mercial. Mr. Fronrath agreed bud stated that they meant limited along Congress Avenue. Mr. Lambert asked if it had been considered for any portion to be R-lA and Mr. Fronrath informed him that he asked for R-lA, but the City Council and this Board were not in favor of it. Chairman Kelly pointed out that less lots were shown now in order to meet the R-1AA recommendation. Mr. Ryder added that at that time, they also had to consider how the County zoned it. Chairman Kelly added that Mr. Fronrath had informed them that the homes would be priced from $40,000 to $50,000 and ~. Fronrath replied they would probably be $40,000 to $55,000 now with increasing the size of the lots. Mr. Lambert referred to 335 ft. of commer- cial being requested and referred to Sears asking for 450 ft. Mr. Fronrath explained how the 335 feet would give them plenty of depth~and the size of the lake also determined this to some exten~. Mr. Lambert referred to the commercial running along Woolbright and asked if this was to be C-3 and ~. Fronrath replied: yes as actually there is nothing else you can do with it with the canal and road there. ~. Lambert suggested multi-family and Mr. Fronrath replied it would not be feasible to put m~lti-family along this highly travelled road and canal. M~. Lambert questioned whether commercial would create a traffic hazard and ~. Fronrath replied that he thought there was enough depth and they were thinking of professional offices along there. Mr. Lambert asked if he wanted C-3 versus C-1 or C-2 and Mr. Fronrath replied: yes as it gives them more latitude. Mr. Kostner stated that this afternoon, the Chairman and he viewed these site plans and ma~e quite a study of the plans and found them to be in keeping with what the City would de- sire. From the standpoint of good planning, it has always MINUTES PLANNING & ZONING BOARD PAGE FOUR ~&RCH 9, 1976 been advisable along any travelled thoroughfare, such as Congress Avenue, to have a break instead of commercial all the way and this is what they have done. He concurs with these plans and believes they are very presentable and will be good for the City. He believes consideration should be given to egress and ingress. If an access road is required for the residential, it should be considered. Mr. Fronrath replied that it would definitely be considered. Chairman Kelly suggested that the members view the plans now and the members studied them. Mr. Kostner pointed out that there was no buffer between the C-3 and R-1AA and Mr. Fronrath replied that the canal was there and he is sure that a buffer of some type, such as a fench, wall, trees, etc., will be put there. Chairman Kelly referred to one ingress and egress road being located on the north and south and asked if there would by any others and Mr. Fronrath informed him that he wanted to keep it private for the residents only to use. He may even possibly put in a guard house. ~h~. Kostner questioned if it would be difficult for access by ambulances, fire service, etc.? He thinks this should be considered as there will be many people living here. He asked if the Engineering Department had checked this and Mr. Fronrath informed him that only the Building Department had looked at it. ~. Kostner continued that he was concerned about this ingress and egress for 196 lots and Chairman Kelly agreed this should be noted for the T.R.E. to check. Mr. Kostner referred to the possibility of having a disaster and not being able to get out on Golf Road and ~. Duffy suggested having another exit chained off like the Village of Golf. The members and Mr. Fronrath agreed that this should be considered further. Mr. Lambert then asked about the maintenance of the lakes and Mr. Fronrath informed him~there would be an association to take care of them and ~ey would not be the City's responsi- bility. Mr. Fronrath continued with pointing out the possi- ble location of the tennis courts and boat ramp. Mr. Lambert asked where this plan went from here and ~. Fronrath informed him that this was just a preliminary review and would go to the City Council next and then come back to this Board. ~. Lambert suggested common ground for a recreational facility and Mr. Fronrath informed him that he wanted to put in a PUD, but the City did not want it. Chairman Kelly explained how M~. Cogen had appeared before the City Council requesting a PUD, but two members of the Council remarked that the City had enough PUD's. M~. Winter referred to C-3 zoning being noted on a five acre piece by Village of Golf and ~. Fronrath informed him that this was adjacent to their golf course. He pointed out that it was narrow with the setbacks and they could not do much with it. ~. ~inter remarked that he saw no value in commer- cial zoning there. ~. Fronrath explained how they were MINUTES PLANNING & ZONING BOARD PAGE FIVE M_~RCH 9, 1976 limited and were thinking of putting professional offices here. Mr. Winter suggested a recreation area and Mw, Fron- rath pointed out that it would be on a highly travelled road. He added that it must be approved by the City. Mr. Winter then referred to the C-3 area with the lake coming up to it and ~. Duffy explained that they could only come back 335 feet. ~v~. Lambert asked why the City did not want a PUD and Chair- man Kelly informed him that they just stated they had enough PUD's. Mr. Duffy agreed this was the only reason they re- ceived. ~@. Lambert asked what the Planning & Zoning Board's opinion was and Chairman Kelly informed him thatit did not come to this Board, but was presented first to the City Coun- cil by M~. Cogen. Mr. Ryder agreed that they indicated they would not go PUD and further explained the problems they had had with Leisureville being a PUD. They discussed further the possible advantages to having had this annexed as a PUD. Mr. Lambert concluded that he thought a PUD would have been desirable. Mr. Fronrath agreed and pointed out that they could have a maintenance company, but cannot do it now. He added that they preferred PUD and would still go PUD. Mr. Kostner stated that since all the members have viewed the site plan of the proposed Cogen Annexation located at S. Congress Avenue & S. W. 23rd Avenue, which lies adjacent to Congress Avenue and north andssouth of Golf Road, it is his opinion that he finds it very attractive. He is concerned with there being only one egress and ingress road shown and believes it would be advisable to consider as a safety ~actor at least two ingress and egress road for the two ps~cels. Subject to this, he moves to recommend to the City Council th~ ~re!iminary site plan. Mr. Winter seconded the motion SeeM in. o~ an~airman KO~narreq~ested a roll call vote. M~s. K~se ~/2~/76 too~ a ro~l call ~ote on the motion as follows: Mr. Winter M~. Ryder Mr. Lambert Mr. Kostner Chairman Kelly - Aye - No, as he is still opposed to having homes directly abut- ting the west ~ide of Con- gress on the south tract. - No - Aye - Aye Motion carried 3-2. ~ New Business Sears, Roebuck & Company Rezoning Request of 100 Acres on S. Congress Ave. Rep. - Charles E. E~onrath~ Land Unlimited Realty MII~UfTES PLANNING & ZONING BOARD PAGE SIX IARC I 9, 1976 Mr. Edward P. Dully, Jr. appeared before the Board and re- ferred to a letter giventto the members authorizing him to represent ~ears, Roebuck & Co. Mr. Duf£y informed the Board that Sears bought this a20 acre track and 100 acres was takeh in the name of Sears and the remainder by Leon Farber. Sears came to the City as C-3 to be used as a shopping mall. Since that time, DeBarto!o has purchased 104 acres approximately a mile to the north and went to the County and had it rezoned for a shopping mall. Sears feels that two shopping malls of this magnitude would be too much for this area. They have incorporated with DeBarto!o to make one mall. They feel it would be too much to se~t all this as C-3. The present C-~ zoning states multi-family can be built under R-3 regulations. They feel that this would be better than keeping it and selling it all as C-3. Actually, they would get more money selling for C-3. Sears & Father are in this business and they feel 450 £eet isrrequired for a commercial area. With the addi- tional depth, they can have a limited access road and also a buffer zone. This is why they want 450 feet, which will be better along Congress. Mr. Ryder asked iff he was going to request the remainder to be R-3 and Mr. Duf£y replied that they didn't want it rezoned to R-3, but wanted to use it as R-3. Mr. Ryder asked if he was making the sale contingent on the use and ~. Duf£y replied that Sears will sell it, but don't want C-3 for the 100 acres. M~. Ryder suggested looking at the plans. M~. Ryder ciarmf~em that they were asking for a depth o£ £eet or 20 acres to remain C-3 with the remaining to stay at C-3 to be used for R-3 and ~. Dully replied that this was correct, it would be C-~ limited to R-3. Chairman Kelly clarified that they must consider the request £or ~50 feet to be C-~ and the remaining 80 acres to be R-3. Mr. Fronrath agreed this was the ws~ they wanted it and ~. Du££y added that they would go for rezoning on the back 80 acres. Mr. Winter asked if they were authorized to make this request for a change in zoning and !~. Du£fy referred to the letter submitted. Chairman Kelly read a letter dated February 19~ 1976, from Sears, Roebuck & Co., Atlanta, Georgia, addressed to ~. Dufffy, Land Unlimited Realty, P. 0. Box ~048, Boynton Beach, signed by T. W. Wheeler, Property Manager, as follows: "You may use this letter as authorization for Mr. Charles Fronrath and ~. Edward Duf£y of Land Unlimited ~ealty to represent Sears, Roebuck & Co. in representing the plat o£ the certain 100 acre track of land owned by Sears, Roebuck & Co. to the City of Boynton Beach requesting a change in the existing zoning to provide for C-3 zoning to a depth of 450 feet along Congress Avenue and multi-family zoning for the remainder of the property." MINUTES PLA~ING & ZONING BOARD PAGE SEVEN MARCH 9, 1976 Mr. Ryder pointed out that the proper rezoning application had not been submitted and he thinks this should be an infor- mal approval pending receipt of the proper applications. Chairman Kelly agreed and added that they would have a favor- able reaction from the Planning & Zoning Board, but must follow procedures. M~. Lambert questioned why they should take any action since the proper for~ have not been sub- mitted and he thinks they would be setting a precedent. Mr. Duffy explained that they did it this way because they were not applying for rezoning, but just requesting R-3 use in C-3. It was not rezoning being requested. ~. Lambert replied that he didn't think~it could be done that way. He then asked if it could be done by deed restriction and Fronrath replied this was a good suggestion instead of going through the formality of rezoning. ~. Kostner stated that it must be rezoned to R-3 or they would have problems later. Chairman Kelly added that there was also a public hearing required on zoning changes. M~. Ryder stated tha~ rather than going ahead with tentative approval, the application must be filed for rezoning. ~. Kostner agreed an~ added that it would be for their protection. Chairman Kelly agreed it would be the best route. Other Chairman Kelly brought the members' attention to a letter from Mr. Howell nu~erating five things to be aware of in reference to the zoning book. He suggests they study these and possibly discuss them very shortly. Mr. Lambert then requested further discussion of the two plans presented tonight. Chairman Kelly agreed, but cau- tioned him that no changes could be made since the repre- sentatives had left. M~o Lambert asked if when it was ori- ginally zoned C-3, was the intent for a shopping center and Chairman Kelly explained that it was known to the City Coun- cil and Planning & Zoning Board in 1973, t974, and 1975, that Sears planned to put in a large shopping center before DeBartolo appeared on the scene. He believes Sears did not go ahead with the project because of the economic situation.. Apparently now they have changed their mind regarding the disposition of this property. ~. Lambert questioned why this was not considered spot zoning and Chairman Kelly replied that this was a whole area of 80 acres. Mr. Lambert explained how ~ thought this was a spot. M~ Ryder referred to the original zoning being C-2 and how Leisureville had objected when it was proposed for C-4. The members discussed how two malls would not be feasi- ble being so close together. M~. Kostner then explained how spot zoning was having a small parcel different than the re- maining zoning around it. A large open area is not spot MINUTES PLANNING & ZONING BOARD PAGE EIGHT ~CH 9, 1976 zoning. Also, Quail Ridge and Leisureville are there and this would conform with them. Mr. Lambert asked if R-3 fitted in with what the Board felt was good zoning practices there and the members replied that they thought so. Chairman Kelly added that Limetree is multi-family and Mr. Kostner also pointed out that they were coming in with low density. ~. Lambert then asked if they were taking into consideration the economics of the westward expansion. He asked if there wereaany subdivisions being proposed for smaller homes and Chairman Kelly replied that they had not received any plans for any as yet, but he doesn't believe the Board would exclude them. M~. Kostner added that they could not tell an applicant they had to build smaller homes and they must pass judgment on the applicant's plans. M~. Ryder told about some middle income developments not getting started after receiving appro- val. M~. Lambert continued that he was concerned about the existing older sections of town and what will happen. People will not be able to afford to go west of Congress. This will force the old areas of Boynton Beach into low housing. Winter pointed out that ~-3 zoning could include $16,000 apartments and ~r. Ryder added also condominiums. Chairman Kelly referred to homes in the $40,000 bracket being located mn the northeast section and how vacant lots would probably be built with the same. They are not precluding anybody from the older section of ~the City where there is vacant land. ~. Lambert continued that he could not believe it was not economically feasible to build medium priced homes. He told about a section in the County not being able to build homes fast enough in this price range. He thinks it is definitely within the scope of the Planning & Zoning Board to make recom- mendations on the westward expansion. Chairman Kelly informed him that the comprehensive plan had been adopted for this. Mr. Lambert continued that he disagreed that upgrading means pricing property out of moderately priced homes. ~. Kostner questioned the price range in the future and M~. Lambert re- plied they should talk about sizewise, square footage, then. He explained how smaller sized homes could be desirable. This must be considered. ~. Kostner informed him that they had received no requests for it and M~. Lambert replied that this was not valid and they must recommend it. ~. Ryder re- ferred to the general rezoning and told about the problems created by it. Chairman Kelly stated that he had not seen any plans for R-lA. The trend was there for multi-family, but now the trend is for single family residences. M~. Lam- bert continued with explaining further how they must recom- mend to the City Council not to just accept R-1AA or multi- family. Mr. Kostner told about The Meadows planning reason- ably priced homes, but having never been developed. The econo~mics govern what the builders can sell. They never can tell someone to go into R-1 or R-2, but must consider their request. Chairman Kelly added that if an application conforms to the zoning, they must accept it. MINUTES PLANNING & ZONING BOARD PAGE NINE ~RCH 9, 1976 ~journment P~. Ryder made a motion to adjourn, seconded by ~. Winter. Motion carried ~-0 and the meeting was properly adjourned at 9:10 P. M. Respectfully submitted, Suzanne Kruse Recording Secretary (Two Tapes) :~6~NDA Regular Planning and Zoning Meeting Time: Date: Place: 7:30 P.M. · March 9, 1976 Council Chambers t. Acknc~ledgement of members and visitors. 2. Reading and approving of minutes. 4. Communications: 5. 01d business: 1. Lake Worth Mariner Village 3. Subdivision Wilm Way (Willard Road) Rep., Paul Conte Florida Coastal, Inc. Cogen Annexation S. Congress Ave. S.W. 23rd Ave. Rep., Joseph Cogen 6. New business: Sears, Roebuck and Co. Rezoning Request of 100 Acres on S. Congress Ave. Rep., Charles E. Fronrath Land Unlimited, Realty