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Minutes 01-15-76MINUTES OF T~ SPECIAL MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY H~LL, BOYNTON BEACH ~ FLORIDA, TH~DAY, JANU~_~Y 15 ~ 1 ~76 PP~SE~T Joseph T. Kelly, Chairman Fred Kostner, Vice Chairman Richard Lambert Enrico Rossi Simon Ryder Oris Walker Garry ~inter Edgar E. Howell~ Bldg. Official Chairman Eelly called the Special Meeting of the Planning & Zoning Board of the City of Boynton Beach to order at 7:32 P.M. He announced the purpose of this meeting, as set by motion on ~uesday, January ~3, was to consider the Cogen request for annexation into the City. The minutes from this meeting have now been given to the members, but he knows everybody has not had a chance to digest them. He has marked his just for the possibility of being of assistance tonight. He then acknowledge~the presence of Mr. Fronrath and M~s. Howell in the audience. He introduced the members of the Board~ Building Official and Recording Secrets~y. Chairman Kelly declared the meeting open for the discussion of the Cogen annexation request. He referred to Page 8 of the January 13 minutes when this was previously discussed. He pointed out that Mr. Winter had very clearly expressed his opinion at this time~ Mr. Winter stated that he felt it was not what ~. Cogen wanted to do with the property, but the annexation is the important thing. Mr. Rossi asked for clarification of this. Mr. Winter explained that the plan was not the question, but the annexation was. They must de- cide whether they are going to annex this into the City. Chairman Kelly read Mr. Winter's statement on ~ge 9. Chairman Kelly then distributed copies of Resolution 74-L to the members. He added that M~. Howell had brought the file on this from the City ~nager's office and he extracted the application for the members to read. He am~o~ advised the Board that M~. Howell informed him that the City Council had this matter before them and expressed their willingness to accept it. M~. Ryder referred to the application being questioned prev- iously and also whether the density was going to be increased or decreased from what the County has specified. Chairman Kelly stated that he suggested to ~r. Fronrath to comply with the County density and ~. Ryder remarked that apparently he was goio~ along with this. Mr. Ryder continued that it w~ not clear to him what zoning was desired and on the applica- tion, it is filled out for R~ and C-3. ~. Fronrath informed MINUTES PLAR~iNG & ZONING B0~?~ PAGE TWO JANUARY 15 , 1 976 him that they will go to RmlAA with the price of the homes they plan to build. Mr. Fronrath continued that M~. Cogen has been to the banks and mortgage companies and on the corner which was to be blank, the banks and mortgage companies insist it must be zoned and. they will take R-1AA~on that corner. M~. Rossi referred to Mr. Winter's statement that they were discussing annexatiOn of a piece of land. into the City and not zoning. M~o Winter agreed that basically it was that. Mr. Ryder pointed out that the guidelines call for zoning to be established at this time and it must be indicated on the application. Mr. Rossi stated it was a very important point of whether they were annexing land with zoning. Chairman Kelly clarified that they would be recommending to the City Council that the zoning as requested by the applicant be considered. M~. Howell added that if they passed on this recommendation to annex, when it comes time to build on this property, a plat must be submitted and approved by this Board. Mm. Rossi replied that they were not talking about a site plan, but zoning which is on the application. He wants the record to be straight. }~. Howell informed him that Resolu- tion 74-L required zoning to be listed on the application. Mr. Kostner referred to the application indicating the appli- cant was interested in R-I and C-3 zoning. M~. Howell sug- gested that this be amended in the recommendation to R-I~A. Chairman Kelly asked if this could be changed on the appli- cation and Mr. Fronrath replied that he didn't think he could, but he believed their recommendation under the annexa- tion should be R-1AA and C-3. M~. Rossi asked if there was a description attached to each section listing the zoning requested? Chairman Kelly read the letter dated September 4, t975, to the City Manager from }6r. Cogen requesting annexation and outlining the sections to be zoned. He also read the appli- cation submitted. He added that the proper legal description ~nd affidavit were also attached. P~. Kostner stated in view of the contents of the application and the purpose stated with regard to zoning, he believes there should be something on record to identify the request of the applicant with regards to the change in the applica- tion for the commercial to kn6w what zoning they are consid- ering. He pointed out that the entire parcel should be con- sidered now. The original request was just to consider part of this land with the northwest corner remaining vacant. Mr. Fron~ath informed him that they would like this corner to be C-3~ but the City Council preferred they did not zone it, but the mortgage company requires them to. He added that the other night~ the question came up regarding the property to MINUTES PLanNING & ZONING BOARD P~GE THREE JANUARY 15, 1976 the south of 23rd and they would be happy to make this C-3, if this Board desires, with a buffer zone. Mr. Ryder replied that they were not approving any treatment of the development tonight, but he is in accord with this suggestion. I~. Rossi asked if they could see the plans. M~. Walker in- formed him that the meeting was supposed to be for the purpose of determining whether they were going to annex this property. Site plans, etc. regarding proper zoning come later. If they look at plans, they should keep this in mind. Mr. Rossi ash~d if they were going to go ahead and consider annexation of specific ps~cels with specific zones and M~. Howell replied: no, not according to Resolution 74-L. All they are doing is saying they are going to annex a parcel of land and it will have R-I~ and C-3 zoning. Mr. Rossi stated that they would be annexing specific parcels of land and Mr. Howell replied that they were not placing zoning at this time. Chairman Kelly read Mr. Simon's memo dated November 6, 1975 to M~ Kohl informing that Resolution 74-L is the guide which includes the applicant's statement of the propesed zoning. ~. Kostner remarked if this was the case, an up- dated application would be in order for this Board to con- sider. ~. Ryder replied that he didn't see why Mr. Cogen would ha~e to change his application and Chairman Kelly agreed. Mr. Ryder continued that this is what he had in mind by follow- lng the guidelines, that they do have to p~y attention to zoning. bein9 R-1A~ Mr. Winter referred to his suggestion at the last meetmng/ not ~R-2 for the south parcel and pointed out that ~. Fronrath was now mentioning C-3 for this parcel. Chairman Kelly informed him that originally, it was residential, but Mr. Ryder had objected and he explained. At the previous meeting, this was discussed and it was suggested to put in some kind of co~mmercial, possibly C-~ with the increase in population in this area with Quail Ridge, Village of Golf, Charter World, Golfview Harbor and this new develooment. He referred to Mr. Fronrath indicating at this meeting that they would be receptive to this. ~. Fronrath agreed that C-1 ~would be fine. M~. Winter asked what was across the street and ~. Fronrath informed him it was residential. Chairman Kelly continued that the C-1 zone was the highest classification of comm~ercial. Mr. Winter suggested that possibly they should follow the guidelines across the street. Mr~ Fronrath informed him that Milnor did plan a shopping center on this corner and also had proposed a bank. M~. Ryder stated that when they recommend C-3 and R-l~a~, they are not spelling out where and this should be considered when the site olan is submitted. Mr. Winter pointed out 2/10/76 MINUTES PLANNING & ZONING BO~_~D PAGE FOUR JANUARY 15, 1976 that they should not be put in the position of being liable for proposed zoning. Mr. Rossi stated that he couldn't con- ceive how they could annex something without determining the location of the zoning. How can they pass a real valued motion to annex a piece of land saying there is going to be R-IAA and C-3 somewhere on this land? Mr. Howell informed him that this would be determined by this Board, but it comes later. M~. Rossi replied that this was not fair to the applicant, as he may not be pleased with the amount of residential and commercial set by this Board. ?~. Howell remarked that they should change Resolution 74-L ~then. Chairman Kelly again read P~. Simon's memo regarding Reso- lution 74-L. M~. Rossi stated that they should have an application with specific areas, specific zoning and specific districts. Chairman Kelly referred to Mr. Fronrath stating~at subse- quent plans had been submitted. Mr. Howell pointed them out on the table. M~. Kostner stated that these were not enough. ~. Ryder asked if they approve the application per the zoning agreed on, could they make part of the recommenda- tion to the City Council be that definite areas to be zoned will be determined upon presentation of the site plan? Mr. Howell informed him that the City Council would make the final ruling, but this Board recommends zoning. M~. Kostner referred to Mr. Fronrath's statement that whatever the Council decides by recommendation of this Board or otherwise, they will be happy to go along with. Mr. Fronrath agreed. Mr. Rossi asked if he was suggesting to~follow the format to go ahead and annex with C-3 and R-t~ and ~. Kostner agreed and added that he would have to come back with plans and specifications. Mr. Lambert stated that he would partially go along with this, but referred to the flow system for annexation and read this section. He referred to making this recommendation, but questioned how they would find out about the sewage treat- ment facility, traffic flow, etc. He thinks it is their responsibility to make a recommendation based on these facts. Chairman Kelly informed him that this would be done at a later date. He explained how this would be taken care of by other departments. He pointed out that this was only a recommenda- tion based on their request for R-I~ and C-3o ~@. Winter stated that they could not make recommendations as suggested by M~. Ryder until the parcel of land is in the City. ~. Lambert disagreed and stated they must reco~mmend the land coming in. ~. Ryder referred to the land north of this on the west side of Congress being zoned C-3 and R-3 and no~ ~~r annexed, however with no current development plan. See Min. of 2/10/7~ MINUTES PLA~!NG & ZONING BOARD PAGE FIVE J~YJARY 15, t 976 M~. Kostner stated he thought they were wasting a lot of time. The purpose of this meeting calls for this Board to recommend annexation or not for the general purposes out- lined, which is residential and commercial. Everything else is out~ Mr. Winter agreed, but added that they should make the reconm~endation that R-1 is going to be revised to R-1AA. ~. Walker agreed they should resolve this issue tonight. ~. Rossi stated that he didn't think they were wasting time and asked if they were acting on the application as presented? not actually, but weTe here to reco~end the intent of the purpose as outlined here~ a change can be made at ar~ time. They are accepting this for the purpose of residential and commercial. After this, he will come in with the proper plans and specifications indicating he is not interestedin R-l, but R-~ and will describe the commercial. This is the normal procedure and they must Eo by these steps. It will be finalized then and recommended to the City Council. Their job at this time is not to expedite on a certain zoning. ~. Rossi pointed out with stating R~AA and C-3, they were stating something for this land. The application spells out a given zoning for a given described area. ~. Kostner stated that he recommended it be changed from R-~ to R-IAA. Mr. Lambert asked if it was acceptable to make a recommendation that this be annexed to be use~ for residential and li~ted commercial purposes later to be determined. He does not like taking it C~3 and R-~AA. Chairman Kelly suggested that a motion ~e made. M~. Winter made a motion to recommend to the City Council the annexation of the Cogen annexation request for the property located at S. W. 23rd Avenue & Congress i~to the City limits under the classification of R-1AA and C-3. M~. Kostner seconded the motion. Under discussion, Mr. Ryder suggested adding the amendment that the specific land uses in this development will be determined with additional site plans and further exhibits~ Mr° Winter and M~. Kostner agreed. Under fur~he_ discussion, Mr. Rossi stated that it seemed like they were going backwards and he referred to the ao- ptication suggesting uses. Chairman Kelly informed him- that this would be discussed~!ater. M~. Howell added that this Board would determine this later and when plans are submitted, the developer must show they are going to in- stall sewers, water, etc. and these must be approved by the various City Departments and Boards. It can ~be turned down if they don't get the zoning in the specific areas where they want it. ~. Lambert asked if they were tieing this developmem~.ir~to R-1.A~ and C-3 and ~. Howell replied: no~ they could rezone ~¥. Mr. Rossi asked if this included the parcels north and south of Golf Road s~d Chairman Ee!ly repiied~ yes. Mr. Rossi stated that they have ignored the See Min. 2/10/76 See Min, 2/10/76 MINUTES PLANNING & ZONING BOARD PAGE SIX JANUARY 15, 1 976 application~and Mr. Walker and Mr. Howell disagreed. Walker explained that the only thing they were ignoring was the applicant's request for specific zoning. ~r. Howell added that they didn't ignore it, but changed it and approved it another way. ~. Rossi clarified that they were relating to the City Council that there was going to be a plan forth- coming, which will h~2¢e certain sections of C-3 and R-1AA subject to the recommendations of this Board. He questioned if this was what the City Council was asking for and Chairman Kelly replied t~at in his opinion, it was. M~. Howell added that right now, they were asking for this Board's aye or nay opinion of the annexation. M~. Ryder added that the City Council has expressed they are in favor of annexation. ~. Howell aske~ the date of the application and Chairman Kelly informed him it was dated September 4, 1975. ~L~. Rossi re- ferred to this Board having worked long hours on this and it did not indicate inaction on the part of this Board. Mr. Ryder added that the City Attorney and Planning Consultant had both advised not doing anything causing this delay. Chairman Kelly called for a vote on the amendment first and the vote was 7-0 in favor. He then called for a vote on the motion and the vote was 7-0 in favor. M~. Lambert asked about the communications tabled at the previous meeting to be discussed at a workshop meeting. Chairman Ke!ly read page 2 of the minutes of January 13 regarding these communications. Mr. Walker replied that this was not a workshop meeting, but a special meeting for the specific purpose of the applicant. ~L~. Walker moved to adjourn, seconded by Mr. Kostner. Motion carried 7-0 and the meeting was properly adjourned at 8:28 P.M.