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Minutes 12-23-75MINUTES OF ~HE ~GULAR MEETING C® Ti~ PLANNING & ZONING BOARD ~LD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUEoDA~, DECEt~ER 23, ~975 AT 7:30 ~. M. PRESENT Joseph T. 2Jelly, Chairman Walter M. Trauger, Vice Chman. Enrico Rossi Oris ~al~er Simon Ryder James Smoot, Planning Consultant Len Schmidt, Chief Bldg. insp. ABSENT M~s. Vicki Caste!io M~rs. Marilyn Huckle Chairman Kelly welcomed the ladies and gentlemen present and called the meeting to order at 7:40 P. M. He also apologized for the late start explaining that he had to await the arrival of the members to constitute a quorum. He then introduced the members of the Board, Mr. Schmidt and Mrs. Kruse. He announced they would defer the items on the agenda and proceed with the public hearing. PUBLIC HEARING Abandonment Request - City of Boynton Beach Rep.~- M~. Frank W. Donovan Parcel #1 - Abandonment of a publicly dedicated right of way and easement grant more particularly described as: The North 90 feet of the West one-half (~/2) of the Northwest one-G'uarter (1/4) of Section 5, Township 46 South, Range 43 East, Palm Beach County, Florida, less the West 53 feet thereof, subject to existing right of way of Lake Worth Drainage District Lateral Canal ~.~28. Applicant - City of Boynton Beach Chairman Kelly read the above notice and ascertained that each member had received a copy of same. He added that he thought it was pretty much settled since they discussed it previously. It is located on the east side of Congress at 28th. The ease- ment was given smd it was found it was not needed. The members discussed the location and Mr. Schmidt pointed it out on the aerial photo. ~'~r. Ryder asked if there was any financial consideration involved and Chairman Kelly replied: no, Mr. Rossi asked if there were any comments from tn~ ~ City Engi- neer and ~. Schmidt read Mrs. Padgett's memo to the various City departments. He then read the replies from the Engineering MINUTES PLA~\TING & ZONING BOARD PAGE ~%~0 DEC~i~ER 23, 1 975 Department, Utility Department, General Services, Police Department, and Fire Department all stating they have no objectior~. Mr. Rossi remarked that this was a bit unusual since the City is the applicant. Usually they are initiated by abutting property owners sad this is running along a lateral. He has a feeling the reason it is no longer needed is because there was a road dedicated from Congress going back to the school. Chairman Kelly asked if anyone in the audience was in favor of this application and received no response. He then asked if anyone opposed the application and received no response. Chairman Kelly stated that he thought they would have to depend upon the input from the various City Departments stating they have no objections. Mr. Ryder stated that evidently the City acquired this easement based on the consideration it was needed by the school and if this is so, he would like it to appear on record. Chairman Kelly replied that the use for which it was intended is no longer needed and the City wants to give it back to the donor. ~. Ryder referred to matters like this in the past where City owne~ property was abandoned and he still thinks there should be a financial consideration when the City turns property back. Chairman Kelly replied that these were different situations. Mr. Ryder stated if there was an agreement here that it was to revert to the donor in the event it is not used, it is okay with him. ~¥~. Walker stated he would like to hear the County's policy. ~. Rossi stated he thought this abandonment was proper because where it is located, it abuts a canal and the point at which it enters Congress, from the County's standpoint, is an un- desirable point of connection. Probably an explanation would be helpful, but he believes it is no longer needed at this location. He then explained the County's policy regarding egress and ingress being a certain distance from a bridge. M~. Smoot added that they also considered sight distance. Chairman Kelly agreed with Mr. Rossi's explanation and pointed oui that a road was located further south. Mr. Smoot referred to Mr. Ryder's reference to extraction of fees for abandonment. He explained in detail the procedures followed in various situations. He pointed out that perhaps they should know in advance what the equity is. Chairman Kelly stated that this is a dedicated right of way apparently dedicated by the City for the use of the school. He suggested that a motion could be made subject to the clearing of this question. MI~UJTES PLANNING & ZONING BOARD PAGE TH P~E E DECE~I~ER 23 , 1 975 Col. Trauger made a motion to recommend to the City Council the abandon~nto£ the publicly dedicated right of way and easement grant more particularly described as: The North 90 feet of the West one-half o£ the Northwest one-quarter of Section 5, Township 46 South, Range 43 East, Palm Beach Co~nty, Florida, less the West 53 feet thereo£, subject to existing. right of way off Lake Worth Drainage District Lateral Canal ~a8. Mr. Walker seconded the motion. Under discussion, ~. Smoot asked if the School Board had commented and Chairman Kelly re- plied that he understood that they were building a road to the south. He suggested they could possibly have si! the legal questions discussed by the Board cleared by the City Attorney. Mr. Schmidt informed them that he did have a copy o£ the agree- ment, but it was nst legible. Col. Trauger moved to amend the motion to include clari£ication o£ the legal questions. ~. Walker seconded. Motion carried 5-0. Re-zoning Request - Huddle & Detert 7~8-806 N. E. 7th Street Rep. - W. H. DaCamara Parcel #2 - Lots ~8, 19, 20 and al, Block 7, Lake Addition Recorded in Plat Book 1~, Page ?~ Pal~ Beach County Records Address - 718-$06 N. E. 7th Street Request - From R-lA to R-3 Use - To construct small condominium bldg. ~ppiicant - W. H. DaCamara Representing Luther G., Sr. and Ann E. Huddle & Arden and Nancy Detert, Owners M~. W. H. DaCamara stated his name and. his address as 836 East Drive, Boynton Beach. He informed the members that the doctor purchased this property in September, ]974, when it was zoned R-~. Mr. Rossi asked where this was located and ~. DaCamara replied that it was on N. E. 7th Street next to the Harbor Hall Inlet Club built by Stroshein. The members checked the location on the aerial photo. Mr. DaCamara gave copies of the plat to the members.~ He then continued with repeating that the property was zoned R-~ when it was purchased in September, 1974. In January, 1975, a new master plan was proposed and a public hearing was held in January. He received a copy of the map and saw the line was re-drawn to separate R-lA from R-3 and this cut out the R-3 on the doctor's property and changed it to R-lA. He formally objected at the public hearing advis- ing that the doctor would be damaged and have property with no use. The area is quite low. It has been in its present condition for ma~ years. It has always been low, the streets are under water at high tide. Chairman Kelly asked if he meant it would have to be piled and Mr. DaCamara replied that it would hsfce to be filled, piled and sea walled and also some of the streets would have-~to be raised. The area breeds crabs, MINUTES ~ANNING & ZONING BOARD OUR D~CE~R 23, t 975 rodents, mosquitoes, sand fleas, etc. with the stagnant water. The only way the property could feasibly be developed finan- cially would be multi-family. That area could not be developed residential. He did make formal objections ~ud was advised it would be taken into consideration, but it was accepted as R-~A. They had Griffith & Moore write letters to Mayor Roberts explaining this situation and they never received a reply. They continued to pursue the matter and were advised their only recourse would be to apply Eor rezoning. They went through the necessary .preparations to meet the requirements for rezon- ing and submitted it to the City Clerk on September 25, 1975. On October 17, they received an application from the City Clerk advising the moratorium had been extended. Then, on November 18, they oroceeded again. The owner will be damaged financially if it is not returned to R-3 like when he purchased it. Chairman ~etly asked if anyone desired to speak in favor of this application. M~. Arnold Stroshein stated his name and his address as 710 N. E. 7th Street and also his business~ddress as 612 North Federal and occuoation licens8 #11429. He informed the mem- bers that he lives in the residence next door to this property. He was the original man who had this property rezoned. He purchased it in 1965 and had it rezoned. Since ~965, he has continuously developed this whole parcel o£ property from U.S. 1 to 7th Street. In his opinion, this was a pretty low blow. He brought it to the attention of the Board when this rezoning was taking place and also brought it to the attention of the real estate people making the sale. He would hate to be in the position of these buyers. When getting invloved in develop- ing a city, there are a lot of things to consider. They must consider the highest and best use of the land and how it is zoned. Also, if the improvements on the land blend in with the adjoining property. He referred to the adjoining property being marsh with mosquitoes, rats~etc. He has lived here for 30 years. He referred to the land being zoned something else and stated that it was zoned residential in ~925. He then told about the existing condition mn this area of being under water which was caused by the opening of the Lake Worth Canal. It has always been under water since ~928. He then referred to the question of the land being platted in lots and stated that it was platted in 50 ft. lots, which are all non-conform- ing now. They cannot build on one of them to conform to the new ordinance. He then showed photographs to the members of the condition of this property. He explained that it was under water at high tide. He added that he took~his personal time and expense to take these pictures. This condition exists at least four times a year. He has complained about this numerous times during the past ten ye~s. They must also consider how this property can be ~eveloped and he will gladly M!h~JTES ?LA~iNG & ZONING BOARD PAGE FiVE DE~E~R 23, 1975 show his books for building his condominiums. Another thing to question is if all the improvements are available for con- struction and yes, they are through many years of sweat they have gotten City water and sewers through his efforts. ~. Stroshein continued with referring to the book published on the City of Boynton Beach. He pointed out that this area was considered as downtown Boynton Beach. He suggested that the members really think about this land being used for resi- dential. It could be used for residential, but the approxi- mate cost of a house on this property would go above $100,000. He also referred to considering the value of the surrounding homes and asked if the building of a condominium would devaluate these homes. He added that he didn't know the applicants, but was interested in Boynton Beach. He continued that the value of the homes in the area are $30,000 to $40,000. If the zoning stays at R-lA, a house would cost ~200,O00. The last single family residence built on N. E. 7th St. was in 1961 when U. S. ~ was made a four lane highway. Apparently, this is not an area being developed. It is right along the intracoastal. It is not because of land costs. This parcel has been rezoned in n~gligence. What happens if a man wants to build on a certain 50 ft. lot? He referred again to the book of the City of Boy,ton Beach pertaining to the growth of Boynton Beach and showing pictures of the new library, City Hall, Police Depart- ment, Fire Department, hospital, beach,docks, etc. Nowhere are there pictures of the beautiful residential area of Boynton Beach, but right on the cover is downtown Boynton Beach swamped. He is in favor of having this rezoned the way it should be R23. Mr. Clifford McCoy stated his name and his address as 306 Ocean Avenue. He informed the Board that he owns property on N. E. 8th Avenue in this area. He had intended to build there eventually, but held up waiting for it to develop. He is in favor of the zoning being changed. He would rather see someone deveioo it than how it is now. Chairma~u ~elly asked if anyone wished to speak against this application. ~,~. Lawrence Chandler stated his name and his address as 914 ~. E 7th Street. He ~ ~ ' · =n~ormed the Board that he lives slightly north of these lots and is the only property owner living there. He referred to a petition being submitted from people in this area, which he signed. He moved here and bought his house for a'o~roximateiy~ ~o0,000 and it is valued greatly higher than that. The property was zoned for single families in 1974. There sa~e small condominiums to the north and south. He is approximately in the middle of these two condominiums. In reference to the highest possibt~ use of this property being for condominiums, it is entirely fallacious in these economic times. Many are MINUTES PLANNING & ZONING BOARD PAGE SLX DECEMBER a3, 1 975 going bankrupt, sitting vacant, etc. He doesn't see any reason to zone for condominiums. A condominium there at this time would be absolutely silly. The only £easibte condominium that could be built there would be a small, cheap, slip-shod condo- minium. There is development in the north all the way to Tequesta and heavy development in Fort Lauderdale. Boynton Beach is fairly well untouched by high density buildings. Chairman Kelly in£ormed him there was an ordinance permit- ting buildings no higher than 45 £t. in height and limited to four stories and there will be no high rises in Boynton Beach. M~. Chandler agreed this was good. Mr. Chandler continued and referred to the statement of re- zoning being negligent, but this is not mea!ly an issue. They should consider what the City or residents gain from it. Apparently the residents are opposed to it. They have enough condominiums down there already. Apparently the people living in the area, as expressed by the petition, do not wish it. In regards to the property owners, he doesn't think they could sell a condominium on these four lots. He thinks this would constitute spot zoning. Also, it would be a non-conforming use. it would also block out air and light from his property. He is not too concerned with the height since there are ordi- nance restrictions. At this time, there is absolutely no reason to rezone unless they want to resell it. He can see no economical value. Perhaps, one day all this property will be hotels, etc. Let the economical situation govern and possi- bly at some time, the whole block should go condominium at once. To do two or three at a time just is not feasible. He is a little concerned about someone who has no axe to grind, but comes with photos, etc. He still thinks this property will remain vacant no matter whether it is rezoned. Chairman Kelly asked what lot he owned and Ms. Chandler replied: Lots 9 and 10, four lots north of this property. He then showed his location on the aerial photo and pointed out it was the only house in the area. Chairman ~eliy asked if he had to prepare his Ismd and ~. Chandler replied that he bought the house as it exists. He added that it wouldn't cost anyone ~lO0,O00 to build a home. In September, Novem- ber and October, they have the high flood season sm_d occa- sionally water floods the lands and street. Water is stand- ing on his property from time to time, but it doesn't breed the bad animals referred to. He would like to point out that the condominium development has damaged the land as it existed as it allows water to run off. He thinks this was done in a spotty fashion. He has no objections to letting condominiums go all along there when this area gets thriving with people. At this time, he would feel silly with a condominium next to him with all the vacant lots. There is no road there, but it is dirt and water builds up. South of him, there is a high road by the condominium. Possibly it was built by the City. MINUTES PLANNING & ZONING BOARD PAGE SE~E N DECE?~ER 23, 1 975 He knows the land looks good where the condominium is, but now all the flooding is down by his house. This would-not be corrected with the building of another condominium. If something is done, he would like to bail out and have all condominiums. In addition to having to build streets, they have to do something about the sewers. They were built prac- tically on top of the ground and do not do any good. The City would have to build streets and he will be~sessed as a property owner and he does not wish to be assessed at this time. It would not be an advantage to him. He is not against development, but thinks it is good when done in a fair way. Almost all the people in the neighborhood object. All the people who signed the petition do not wish condominiums at this time there. They are not against condominiums, but know there is no market and are against it being done on a separate basis. He can see condominiums being built along there some- time in the future, but at this time, it is entirely unlikely. This area has not developed, but not because of the property. It is nice on the intracoastal. Also, no single family resi- dences are being built in Boynton Beach. That property will not be developed by the Board's decision. That property will only be developed when the housing ms~ket, interest rates, etc..combine tomake building and living there feasible. Having water stand there from time to time is bearable. Chairman Kelly referred to his statements always mentioning condominiums and informed him that R-3 was not stric~!y con- dominiums and is multi-family. ~. Chandler replied that he would object more strenuously to apartments. The notice he received stated the purpose was to build condominiums. ~'~. Smoot referred to Mr. Stroshein's statements referring to rates, book~, etc. being grounds for condominiums. Any deve- lopment would get rid of the problems in that area. He told about Highland Beach beautifying a swamp. Essentially he is saying that single family zoning districts are not proper along the introcoasta! waterwsy. He referred to Boca Raton, Delray Beach, etc. having residential along it. They must consider each instance. Apparently what they should do is raise the street to the sewer and then raise the land to drain the sewage into the pipe. The problem is the flooding with the street and land being too low. Just because it is low, doesn't mean you have~i~to build multi-family to solve the problem, if you develop it single, you must have assessments to raise the street, if you zone it multi, you sti!lhave the problem, but have more oeoole to pay for it. In regards to the last speaker,s reference .to cheap condominiums, it is not in the realm of this Board to discuss tenant problems. He explained how this could be regulated by deed restrictions, etc. He then referred to the development plan adopted indi- cating predominantly multi-family residential in this area. MiNU~S PLANNING & ZONING BOARD PAGE EIGHT DECEMBER 23, t 975 He would recommend R-2 in this area to give better control. This would only mean losing approximately l½ units per acre. He would prefer to recommend R-2. He is sorry that Mr. Chandler bought a single family home there. M~~. Chandler stated he didn't mean that people would not want to build single family homes there, but no single family homes are being built in Boynton Beach. ~. Smoot disagreed. ~. Chandler referred to the public hearing when this area was discussed. Chairman ~elly informed him that public hear- ing were held on January 28 and 29. These were proposed changes in the 1962 zoning code and map and the way it was resolved is as shown on the new map. This is a recommending body and he believes this Board recommended R-lA according to the opposi- tion of the resideuts there. The application now is to have these lots changed to R-3. R ~r. _~yder stated that he made an inspection of this site and it is presently substantially developed in single family homes. Although the lots may be 50 ft,, it is his impression that the homes were built on lots wider than 50 ft. He thinks they should maintain the present zoning. When it was R-3, there was no development in this area. As far as the recommendation of R-2, he doesn't tn_nk that is before ~hem. He would be inclined to deny this application. Col. Trauger referred to their discussions on this area during workshop sessions and also touring the area. They considered this as one of the few spots left in Boynton Beach along the intracoastal and decided it would be best to develop it as single family. He has seen nothing except a slight deteriorating real estate market since then to be reason for any change. He thinks it should remain R-lA. M~. Walker referred to their tour of this area and at that time, the new mid-rise apartment building was being built and there were areas being filled in. He believes a portion of N. E. 7th St. was under water when he went there yesterday. Right now, he is undecided what would be best. There is not any construc- tion going on in the area right now, but he thinks it should be multi-family according to the master plan. Chairman Kelly agreed that they should consider the master plan. Mr. Rossi referred to the General Development Plan prepared and stated he was sure they were going to find some deviations from this plan in different locations and in the proposed annexation areas. If they are aiways~going to go back to this plan as being ~The Master", he believes peopie will won- der why something was followed instead of this. He believes it was deviated from in consideration by the Board and check- ing the site. He doesn't think they should be greatly influ- enced by the General Development Plan. MINUTES PLANNING & ZONING BOARD PAGE NI~E DECE~ER 23, 1 975 Chairman Kelly referred to their discussion before they m~de their recommendation and ~e believes the members recommenmed that this water front w~s not feasible for single family homes and t~e land in its conmi~ion and preoaration of land would be out ox limits for oeoole ~anting to b~ild single family homes. However, he voted with th~ Board members and the City Council accepted the~ subsequently feels that the preparatio~ with quite a bit of capits is a spot for R-3 zoning. of the majority. M~. Smoot admitted that ii lop. There are about ten streets, pavements, etc. to the General Development and not a zoning map. It intracoastai to be condom~ r recommendation. However, he still cost is going to mean only somebody ! backing could build. He feels it However, he stands by the consensus would be a difficult piece to deve- acres involved with substandard He referred to Mr. Rossi's reference Plan and agreed that it was a guide does show property adjacent to the niums, but it does not have to be zoned accordingly. This give input. It seems to type of zoning from multi this. It is not always t~ sometimes it can work a hs consider in developing thd approximately fifty dwell~ lng to the General Develo~ in rezoning this to condo~ from being develooed singI whether the existing singl developing this R-3. not Mr. Ryder stated he was/a was considered and changed ~ou!d deny the future population to ~im if a person would request another to single, they may prefer to keep at single family is the best as rdshio on the community. They must s as single family, it would yield ng units. That is the limit accord- merit Plan. Also, they must consider iniums, it would deter the remaining e family. They also must consider e family homes will be downgraded in member of the Board when this area from~-~R x to R-lA and apparently this was done for a good cause here to change what doesn't see what has happe change. There are many si Mr. DaCamara appeared bef, the objections stated and when ?~. Chandler bought R-3. He admits his land is The only improvement he ha is what ~. Stroshein has cause. He doesn't see any good has been done only recently. He ned in the meantime to grant any ngle family homes here on wider lots. re the Board again and referred to petitions submitted. He stated that is house in 1974, this ~as~ zoned under water and he has no road. s seen in this area in many years done. That is the only way this area is going to be developed. Also, there was reference made to seeing no reason to change it and he would ±m~e to know why these four lots were changed which adjoin a condo- minium apartment. Only these four lots were changed. This is taking away a man's rights. Col. Trauger as~.ed how they would upgrade streets and drainage with building a condomin- ium and Mr. DaCa. mara replied that this was the only way it could be improved. See Min. 2/10/76 MINUTES PL.~NING & ZONING BOARD PAGE TEN DECE~ER 23, 1975 Mr. Stroshein appeared before the Board again and informed them that it did not mean that the man was going to put one house on these four lots. Four homes could be built on these lots, The type of home on a 50 ft. lot is not a nice type home. He told about his building experience with different types:of residential and commercial buildings, Also, Ma. Chandler is not the only individual that lives there. He lives next door. They are only asking to put five units rather than four. It is greatly feasible to put ten units on one set of pilings rather than four spread out. Col. Trauger asked how it would dry up the place and improve the streets by putting a condominium on these £our lots and kB. Stroshein replied that the reason he took the pictures was for a legal matter and they just happen to fit into this pro- gram. He referred to Mr. Chandler's statement that when he built his building, his property was put under water. Any engineer will tell you that regardless how high you build, you cannot change the tidal water of the Atlantic Ocean. A man will have to spend in excess of ~0,000 for fill. That will get the land out of the water. Then, they have to re- build the road. He rebuilt the road at his own expense. The only way to have.it stay there is to have it filled on both sides of it. You cannot build a road in the center of the ocean, but must build on both sides and must put in a seawall to keep the~ocean away from the property. No one person can go to that expense for one house. Also, there are not too many homes on ?th, 8th or 9th Streets. They all have rental apartments in the rear. This has been re- zoned in the mast several years. He added that he would like every member of the Board to come to his place at five O~clock tomorrow evening and they could put up. with the sand fleas. He has called various departments, but the only way to get rid o£ them is to develop it. Col. Trauger referred to 50 ft. lots being all over the City and being combined and replatted. Chairman Kelly informed him that they would have three lots on this piece in the R-~A Z one. M~~. Ryder made a motion to recommend to the City Council that this application be denied. Col. Trauger seconded the motion. Under discussion, Mr. Walker referred to the master ~!an recom- mending this for multi-family and questioned if this'motion was in order and ~. Ryder replied that he didn't see why it wasn't in order. Motion carried 5-0. Re-zoning Request - Folsom ~2~ S. E. ~nd Street Rep. - No!an E. Williams MINUTES PLANNING & ZONING BOARD PAGE ELEVEN v~o~.~ 23, 1 975 Parcel #3 - Lots 32, 33 and'South 20 ft. of Lot 34 Central Park Recorded in Plat Book 12, Page 12 Palm Beach County Records Address - 1123 S. E. 2nd Street Request - From C-3 to C-4 use - Offices and Storage Applicant - Nolan E. Williams Representing Paul L. & Janet Folsom, Owners Mr. Nolan E. Williams stated his name and his address as 927 Mission Hill Road, Boynton Beach. The members discussed the location and checked the aerial photo. Mr. Williams informed the Board that he just recently sold his office and warehouse two lots north of here and has been looking for another lot in C-4. He would like to put a warehouse and office on this vacant lot. It is the only one on the block. Everything else there is warehouses, offices and a cabinet shop. It was zoned C-4 when he built the other building. It was just changed in June. He is just asking to have it the same as it was before. He just wants to use it for storage. He pointed out the exist- ing businesses on the aerial photo. Chairman Kelly asked if anyone was in favor of this application and received no response. He then asked if anyone was opposed to this application and received no response. Mr. Walker made a motion that this applicant's request for re- zoning be recommended to the City Council for approval from C-3 to C-4 as requested. In the absence of a second, Chairman Kelly laid aside the gavel to second the motion. Under dis- cussion, Mr. Rossi ~ointed out that there was C-3 zoning to the north mad south and they would just be zoning these 2½ lots C-4. Mr. Williams stated it would be the same as he built before. ?P. Rossi continued that across the street was R-2. How'ever~ what he is requesting is comparable to what is there. He is asking for C-4 to put a warehouse, since it is not permitted under C-3. ~P. Wi!lia~s agreed this was correct and warehouses were permitted under C-3 before June. Mm. Williams exolained further about the existing businesses. Mr. Smoot referred to the General Development Plan indicating multi-family in this area. ~hen this plan was done, the uses Mr. Williams spoke about and pre-existed this plan. Basically, the uses there now are C-4 with warehouses, lumber yard, etc. Also, immediately adjacent to the railroad track~ west of it is M-~. Col. Trauger asked what kind of building he planned to con- struct and ~. ~' ~ ~ ~ llma~s repl~ed the same as there. Col. Trauger stated ne was fammlmar wmth the present buildings and it looks well there. 5-0. See Min. of Motion carried ~-~-w~-M~r-~-%~i-~o-a~iu~t-. 2/10/76 PAGE TWELVE DECE}'~ER 23, 1 975 MINUTES Minutes of December Chairman Kelly referred to Page 2, second paragraph and re- quested the change of one word which should be "consult,'~ with the Planning Consultant instead of control. ~. Rossi pointed out that it should be I~anning Consultant and not Zoning Con- S m~ u!tan~ Chairman Kelly suggested making it Planning & Zoning Consultant. ~. Rossi moved that the minutasof December 9, ~975 be approved as ~ended, seconded by Mr. Ryder. Motion carried 3-2, with ~. Walker and Col. Trauger abstaining because of absence. ~. Smoot suggested instead of the Board trying to reach him by phone, it might behoove this City to require him to attend all meetings. He will answer any questions in full at the meetings. Col. Trauger recommended that they invite him to attend their meetings. ~. Rossi suggested discussing this further later and proBe~ding with the agenda. Col. Trauger agreed in view of the people in attendance in the audience. OLD BUSINESS Chairman Kelly announced that the ~fessman application should be listed as it was tabled previously. He suggests this be keot on the table until they receive further clarification. Lake Worth Mariner Village Subdivision (Presentation of corrected drawings) ~ ~_- mr. Co~te Mr Conte appeared before the Board and ~ F~ - =n .... ~ ....the members that on November 28, he met with ToM-a Clark, Perry Cessna and John Johnson, who have made notes on his drawing. He is in the process of hiring Mr. Grant now. He has preliminary approval. He will meet everything requested. Mr. Rossi checked the drawing and noted it was initialled by Mr. Clark and Mr. Cessna regarding sewers, water, roads, and drainage. He also noted that provisions were marked. He re- ferred to their previous discussions regarding engineering as- pects and input from the consultant. He outlined their previ-' ous discussions for the benefit of the people in the audience. He then referred to questions being asked about the sewers, construction of roadways, property owners' association, and the legality of the application since it was different than the subdivision ordinance. He would !_~.e~' to hear ~LTM, Smoot's comments. Also, to what extent does the City approve a development with 20 ft. streets? To what extent do they go ahead? They may pos~ problems with circulation, etc. and they must consider there may be other projects. MINUTES I~AI~ ING & ~O~i IRG BOARD PAGE THIRTEEN DECE~ER 23, 1 975 Mr. Smoot stated that he thought the issue of streets is a valid point. It appears to him that a single family subdivi- sion is proposed with single f~i!y lots s=ad single family detached dwellings. The defmn~t_on' ~ ~ of frontage is the lot width adjacent to a public street and this is not a public street. Most require a single family lot to be adjacent to a public street. Is this a single family development? Can it be permitted? Do they talk about private streets? Do they still talk about single family detached dwelling units? Ail the requirements go according to having frontage on a public street. Obviously this is below the minimum require- ment of the City. They are no longer talking about easements or setbacks. This also makes the building go back further into thelot and possibly into the water. They must decide whether or not this is a single family development and if this is to 'be a dedimted street. Does Boynton Beach permit single family subdivisions with private streets and do these lots have adequate frontage? Mr. Rossi pointed out that Mm. Conte had made a great effort to meet their requirements. This is a R-3 zone and he is doing something with considerable less density. He recognizes that he can't build multi-family. He thinks he is looking for assistance from this Board for some way to take this land consisting of long strips and the only way to develop it would be to reduce the roadway to 30 ft. With 30 ft. streets, there are questions of drainage and utilities. Can all this be~out in a 30 ft. str~po__ . Mm. Conte _~e~l_ed~ ~ that they have discussed this and there will be no problem. Mm. Schmidt pointed out that the dra~_ng had been signed and provisions noted. He added that it was marked on the ~olan that bond must be posted for sewer and water, but roadways had been erased. Mr. Rossi remarked that this was required from any developer. Mr. Conte stated that it would be no problem to post bond for the street. I,~r. Rossi asked if it was his und. erstanding with the City Engineer that they would not re- qumre a bond on the streets since they would not be maintain- ing it and Mr. Conte agreed. Mr. Rossi clarified that what Mr. Conte proposed wasp~ ermmssable' ' with them then. Mr. Smoot referred to previous discussions regarding the legal documents requiring maintenance of the streets. Mm. Conte informed him that he spoke to his attorney and this will be taken care of. Mr. Smoot stated that they must be sure they are developed in standard with the other publicly dedicated elements. Also, there is the possibility that sometime in the future, the homeowners, association may request these ele- ments to be dedJ~,.ted to the City and they must be as required and not substandard. He told about similar examples throughout the U. S. He would advise this Board to take no action until the legal documents have been submitted to the City Attorney and he advises the Board he is in agreement. Chairman Kelly ~'~ FOUR ~N DECEMBER 23, 1 975 suggested that the motion could include these recommendations, so Mr. Conte is not further hel¢ up in processing his plans. ~. Conte advised him that he has spoken to his attorney and there will be no problems. They will meet with the City At- torney, it will be in the homeowner,s association document also. Mr. Smoot read Mr. Rossi's motion from the November 25 meeting. He asked if a written report had been submitted from the City Engineer? M~. Conte replied that he had signed the orint. He has met with the City people on several occasions. Before the attorney can proceed with the legal documents, the engineer must proceed with these prints. He must have a starting point. Before he is given a legal document, these must be prepared by an engineer. He would like to have~the Board,s permission to proceed. M~. Rossi clarified that he made a motion that a written report should be coming from the engineer, as there are a lot of~ro obtems. He doesn't know if Mr. Clark has re- ceived a copy of the minutes. Mr. Schmidt reo!ied that he doubted that he does. Mr. Rossi pointed out ~t was quite pos- s_ole that it was not conveyed to Mr. Clark that this was re- quired. Mr. Conte informed them that he has had several meet- ings with these people. i~~. Rossi asked Mr. Schmidt if he could give them information regarding the review of these plans? ~k~. Schmidt replied that there was a question about easements. He then read the comments noted on the plan by the various departments. Mr. Rossi pointed out that nowhere on the plan did it state he was not in accord- ance. He is satisfied as far as technical comments. However, there is the possibility it may be in conflict With the sub- division platting regulations. M~. Smoot stated that he has never seen the subdivision and platting regulations. He then read Section 3-B on Page ~3 referring to buildings being located on public or private streets. He then read the definition of lot frontage on Page 7 which t ~ s a~es the property line adjacent to a public street. He pointed out that this was a contradiction. Col. Trauger referred to Mr. Rossi's previous requests in his motion and stated that he feels the notes on the print have met the request. However, they must consider whether this will fit into the City. He sees no reason to approve the site plan with the stipulation that the City Attorney checks the requirements in the homeowners, association in reference to private streets. Mr. Smoot agreed and added that this condition should be met prior to the processing of the record plat. Chairman Kelly added that it should be available when it comes to the Board for final approval. He pointed out that on Page 13 it did not exclude a private road. ~. Smoot agreed and added that the code is vague with having contra- dictions. Col. Trauger suggested that he tie in the legality ~..INUTES ~LANNING & ZONING BOARD ?AGE FIFT~N DECEMBER a3, 1 975 with the homeowners' association with private streets meeting public street requirements. Chairman Kelly.asked if they were willing to make a recom- mendation with the requirements having been met with the ex- ception of the question of the legality? M~. Rossi replied there was still the question of the 30 ft. road versus the 50 ft. road. Also, they must investigate further the non- included parcels regarding ingress and egress. Mr. Ryder suggested that it appear somewhere that since these streets are private that in no w~f access is blocked to the parcels in this area. Mr. Smoot asked if it would be proper to write on the title sheet that these streets will never be offered for dedica- tion and ~. Rossi replied that it was proper. Mr. Smoot stated he thought it should be written. ~. Conte informed them that there were sewers there right now which the City maintains. Mr. Smoot asked if the easements were there and Mr. Conte replied: yes and they will be dedicated. They are willing to dedicate easements. Mr. Smoot suggested that anything that is not now offered to the City for dedication will not be in the future. Mr. Ryder agreed and added that he would hate to see the City have to accept a 30 ft. street. Mr. Conte stated he would put this in the condominium docu- ments. Col. Trauger made a motion to recommend to the City Council the preliminary site plan approval for Lake Worth Mariner Village Subdivision per drawing No. ~O~-A dated Dece~nbe_ ~975, with the proviso that the legal questions be resolved with the City Attorney concerning the commonalty of the street and other utilities and further that any offerings and dedi- cations not made at the time of acceptance shall not be offered in the future and shall remain the responsibility of the me~foers o£ the homeowners, association. M~. ~ossi seconded the motion. Under discussion, Mr. Smoot pointed out that it may be difficult for the City not to accept offer- ings made in the ffuture if they meet standards. M~. Rossi replied that they were making a recommendation for approval for something which doesn't conform to platting regulations. They are actually approving this specific plan. He asked if the square footage met R-2 requirements and if this was the same plan as viewed previously and M~~. Conte replied: yes. Motion carried 5-0. ~W BUSINESS Conversion of~ortion of Golden Sands Inn Motel to Conmomm_mum' '~' 220] South Federal Highway Rep. - Mr. Je£f~ D. Kneen, Mr. Bob Webb & ~. O'Brien PLAN~Ii~G & ZONING BOARD PAGE S.,~X~EEN DECE~ER 23, 1975 M~. Smoot informed the Board that Mr. Kneen was not present and he would like to make comments for the benefit of the Board. He has been in contact with M~. Kneen He thinL~ he can ~ ~ - ' summarize the prOblem very quickly. ~. Bob Webb appeared before the Board and stated his name and his address as 2201S. Federal Highway. He told about his previous experience in law. He had a condominium in Village Royale and loves Boynton Beach. He would like to keep Boynton Beach upgraded. He bought the Golden Sands two or three years ago and has been upgrading it. He has been trying to cooperate with zoning and it states that multi- fa~mily is oermissable upon approval of the ~.lannmng & Zoning Board and basically that is why he is here. He would like to make 26 apartments into condominiums. He wants to put in a pool, more parking and add landscaping. Eight or nine are already spoken for by professional friends of his They are f~ o±ks who spend money when they are h~_e. He has used it for his own clients in the last year and he ex~lamL~d further. He is trying to upgrade the area to give better ne_ghoors than transient guests. M~. Smoot continued that he has been involved with Mr. Kneen and has known him for awhile. He commended Mr. Webb for doing an excellent job of summarizing. He continued with dv~s~ng that the property is in a C-3 zone and under Item K in the zoning code, it + ~ ~ ~ ~ s~a~es upon reco~enmatmon by the Planning & Zoning Board and approval of the City Council. He then referred to the building in the rear which has 26 efficiency apartments. In each apartment, there is a bed- room~ kitchen and sleeping area. He has discussed this con- ditional approval previously with the Board and not having no set orocedures. The C-3 zone does not have a provision for con~rolling the multi-f~mily minimum living area. It does include and does refer back to other zones. However, it does not include the minimum standards of those other zones. There are no controls in this zone controlling mini- mum floor area and living area as controlled in other zones. They'don,t want to have down o ~ . =aymen~s received and then be advised that the City won't allow it. To the north and south are commercial uses and to the west is multi-family. The conversion of this particular struc~u_e from motel or efficiency to multi-family Certainly would not be detrimen- tal to the zoning plan. He doesn't think there would be ~uy difference at all in the type~of traffic and he explained. Chairman Kelly added that as owners, they would also take better care of it and M~ Smoot agreed [~. ~'~ ' with ~oointing out that ' . ~ omoov continued ~ ~ although other zones require a minimum of 750 sqt~re feet of living area, they are speaking of an efficiency unit, He thi~ there will be no variance done to the intent of the code to allow this gentleman to condomin- iumize these 26 units. MINUTES ?L~N~iNG & ZONING BOARD PAGE SEVENT~N DECE~ER 23, t 975 Col. Trauger questioned how they would specify this as a condominium with no minimum square footage. M~. Smoot re- plied that the gentleman was willing to comply with that particular section of C-3 zoning, Subsection K, regarding multi-family use in the C ~ -~ zone. ~'. Rossi stated that they must refer back to the R-3 zone and ~. Smoot disagreed. Chairman Eelly pointed out that it was multi-family and not R-3 in Section K. Mr. Smoot read Section 6 on Page 26 referring to uses. Rossi agreed this was a very imoortant point. He has been asked for interpretation of this paragraph and the meaning of multi-family. There is no governing control as far as setbacks, floor sizes, etc. in commercial areas. .Mr. Smoot replied that there were controls. Mm~. Rossi continued that he thinks the important thing is what was the intent of the Board when they added this statement in brackets. Chairman Kelly replied that he thought the intent was to allow it in some cases. In land ownership recorded years ago, a man ~ght want to build multi-family and with this being changed to C-3, he could still go ahead with his plans. There are building and site regulations for this. If the improvements on the land meet these regulations for C-3, it is the answer. M~. Rossi referred to the minimum square footage of each apartment being 400 square feet and he asked what would be the density? Chairman Kelly asked what the difference would be from a motel? M~. Rossi referred to the blue book stat- ing that multi-family should not exceed ten units per acre. Mr. Smoot read the definition of a motel on Page 8 and pointed out that it stated that no cooking shall be allowed in any particular room. They have 26 and it is a non-conform- ing use. ~. Rossi questioned the limit for density? He referred to someone owning C-3 property and wanting to con- vert to multi-family and he thought they would have to go by the R-3 regulations. Mr. Smoot replied that they must up- grade on the basis that there is no criterion available in this City in this code specifying upon which this Board or the City Council shall approve or deny multi-family in the C-3 zone. ~. Rossi remarked that they may need to change this to make it clearer. Chairman Kelly added that the density wouldn't change. Mr. Smoot clarified that they were talking about a very limited site with buildin~occupying approximately ~00% of the site. M~. 2~ebb agreed and stated that he just wanted to add parking and a pool. M~. Schmidt asked if he intended to tear do~'n some of the smaller ones and Mr. Webb replied: yes, two of the older ones. Mr. Rossi asked that he point these out on the plan. Mr. O'Brien pointed them out and explained. ~. Rossi clarified that he wanted to convert 26 units and make the density 50 per acre. He questioned the intent for the is~ud in the fron2? MINUTES PLANNING & ZONING BOARD PAGE EIGHTEEN DECE?~.iR 23, 1 975 }~. Webb replied that he would tear down two right away, but he doesn,t know what he is going to do with the front part. Mr. Rossi suggested that he could come back with a R-3 site plan, as there is no limit on density in C-3. Ms. Smoot referred to the cod_e and the uses permitted including uses in the preceding zones and no references being made to den- sity. Paragraph K is highly questionable and should not have been included in the final code per legal counsel, per ~P. Simon. Chairman Kelly added that Mr. Kessman had also stated that two attorneys stated this was unconstitutional. Chairman Kelly asked if they would be getting a different density in a condominium than they have now and }~. Rossi replied that there was a lot of acreage in C-3 that could go to 60 to 70 units per acre. M~. Smoot gave the example of building a motel and the density being controlled by the amount of parking. Mr. Rossi stated he thought it was the intent that nowhere in this City would there be a density exceeding ten units per acre. Mr. Smoot pointed out that a motel with 200 units could have long term leases on each room. If they are going to control it, they must do it be- yond what they are discussing tonight. They can call it a transient use, but it must be policed. ~h~. Rossi stated it was not the intent to turn C-3 into multi-family with un- limited number of units. Mr. Smoot replied that he didn't think they would ever get to the point where they could con- trol it~th a motel. People can reside there for a long period of time. t~~. Ryder asked what happened to the density if they built residential in C-3 and Chairman Kelly replied that there is no density limit in C-3. Mr. Smoot added that it goes un- limited unless the code is changed. Mr. Rossi suggested t ~ ha~ as they find these things, changes should be made. Mr. Smoot referred to Palm Beach County with a larger popu- lation and having a minimum floor area for efficiencies of 400 square feet. These people are so close to that. Also, there is the issue that some people don't need a whole lot of space and ~re content to live in efficiencies. The City is required by the General Development r~an to provide a variety of housing. Mr. Rossi stated that density per acre is important. Col. Trauger agreed that they must specify the density. He doesn't see where~hmo'~ applicant has in- creased the density and doesn't see any reason to block him, but thinks they need the r~gula~mons chang~m. ~. Rossi said he thought they needed a ruling from the City Attorney. Chairman ~ -y disagreed and stated that he thought they should make a recommendation one way or the other. ~ANNING & ZO~ILG BOARD PAGE NI~TEEN .... ~ 2= t 975 DEC~.;~'IBER p ~ i~. Schmidt remarked that he was surprised this was never discussed in their workshov_ sessions. They have situations in the C=tF right now with residents living in motels. Mr. Smoot agreed and added that it is becoming more all the time and re£erred to a motel in De!ray Beach. M~'. Rossi pointed out that they must consider the land 'behind being developed for mu!ti-family in 50 to 70 units met acre. Mr. Smoot agreed that they should pay attention to this and some criteria must be written. He is prepared to sit down with this Board at any time and thrash this out. He pointed out before that they are asking for conditional uses, but do not have a conditional use program. Either they permit it or they don~t. Mr. Rossi stated the whole matter would be cleared uo if this paragraph was sdmpiified with reference back to R-3. Mr. Smoot pointed out that then they wouidn~t need reconumendation from this Board and approval by the City Council. M~. Ryder asked if he meant there was no other way this could be handled and Mr. Smoot replied that he has looked at this code and read it several times and when Y~neen called him~ he referred him to Page 27~ Sub-paragraph K. This had been discussed at the meetings he attended with ~.~. Bushnell, M2r. Simon and Chairman Ifel!y and he was fearful that someone would attempt to place multi-family in a zone like this. In this particular instance where there is no opportunity for the person at the oresent time to expand the use and there is a motel existing, he doesn't see any violence against the zoning code. ~. Ryder agreed there would be no increase. Mr. Webb also agreed. Chairman Kelly added that there would be a decrease ~,_ath knocking down two units. Walker pointed out that actually they would only be approving ~olans as presented. Even though they have future prob!em~ he doesn't see any reason for not approving the plans. Mr. Rossi referred to the C~3 zone having zero setback on one line and questioned if someone could build multi-family in C-3 meeting these reqa_reme_~s and notR-~, M~. Smoot re~ plied, that they may place reasonable iimits on this limiting it. I'~~. Rossi pointed out that they could definitely have a problem. M~. Walker made a motion to recommend approval to the City Council of the p!an~ Parcel B, west ~10 ft. of parcel shown on the survey~ Order No. 72-~4~6 D ~B~ . , as presented for a conversion of a portion of the Golden Sands Inn Motel to a condominium. Col. Trauger seconded the motion. Under dis- cussion, Mr. Rossi referred to the parking requirements and questioned if they had been met and M~. Webb informed him that for the motel they needed one parking space ocr unit and now will have ]½ per unit to comply ~=tn condomi:n~ums. ~¢ ~r. Rossi remarked that it looked like~ was correct and ~ Schmidt added that they did not check the parking, Motion carried 5-0. MINUTES YLANN~ING & ZONING BOARD PAGE ~ENTY DE CEi'~ER 23 ~ ~ 975 ~ Rossi pointed out that they did not have a plan presented £or this application and it was not reviewed by the C.A.B. Mr~ Schmidt replied that the C.A~Bo would have to review it~ but it actually came to this Board first in regards to the use. Coi. Trau~er added that they should be signed off as approved a~d Mr~ Schmidt stated he would take care of this. Chairman ?~el!y agreed that he would come to his office to take care of this~ ~. Smoot stated that they must do somethimg quick~ith this C-~ zoning im regards to multi-family. He suggests adding under Paragraph ~i: Multi~fami!y residential or motel should comply with ~0.8 units per acre and this would dr~w it back to R~3. M~. Rossi added that they must also have u~on recom- mendation of the Planning & Zoming Board and approval of the City Council. ~. Smoot re~!ied that in that case~ they must w~ite ~riteria approvimg it. They must have written itemized factual statements. Image Homes~ !nc~ ~ Sales Model 262~ North Federal Highway Rep, ~ Bob Llewe!lyn~ F~esidemt ~. Bob Ltewe!!y~ appeared before the Board and informed them that his request to the Board was to give consideration to the proposal they are making at this time to either lease or pur- chase some property located at 262~ N. Fsderal Highway for the express purpose of using this property £or a sales model such as they have on Military Trail at this time in ~est Palm Beach. He showed pictures of the present mode!~ He e×plai~ed that they were erecting these homes from the ~eys to Veto Beach. The home is being more and more accepted by the ning ~ Zoning Boards~ He tried to give a ru~down in,the letter to the Board. The property on Federal is p~esentiy zomed Im the past~ it was used for a mobile home sales a~d travel trailer sales. The members discusaed the location. Liewe!iyn continued that since there is not a category cover- ing this~ he is appearing before this Board. He would like this Board to consider this for the purpose of using this property for the purpose o£ a sales model. ~. Schmidt informed them that it was~in a C~ zone. Chairman Kelly agreed and added that it was C-3 all the wa~ down the highway £or a depth of 300 ft. Col. Trauger asked if these homes were set up as models £or erection on lots anywhere and ~. L!ewe!iyn replied that this was correct. Col. Trauger asked if they were specification type homes and Mr. Lleweiiyn informed him that the home comes in several floor plans and models. They can modify them to a certain point~ They are manu£actured umder State laws. They are all finished homes. They just put one in West Palm Beach. They moved onto the property one week ago and received the c/o MINUTES PLANNI_NG & ZONING BOARD ~¢!ENTY- OlfE 975 .~ _ M~. Schmidt asked today and the ~eo~le are living in it. if they were ready built every time and Mr. Llewe!iyn re~otied that they were custom built. Chairman Kelly asked if they were pre-fabricated homes and Mr. Liewetlyn replied that they could use that term~ but they call them pre-engineered homes. They are built according to a set of specifications and completed ac~oramng to those specifications under the eye of a bu~immn~ ins~oector Col. Trauger questioned the plumb- ing and /:r L!ewe!lyn explained now it was coa~er~m by Florida oo=d about meetings and bein~ allowed to State Statutes, He ~ TM put a home on Point Mana!apan Island. He e~plained the con- struction of the home and how it could be changed to meet re~ quirements. Mr. Schmidt as~.ed iff they were basically modular homes and T~ ~. L!eweilyn explained that it was a true modular coming in two modules and they just put them together. The factory crews stay on the job site about two d~%~s to make final adjustments. He referred to the ~ ............ by the State of ~!orzda. He told about +~' . pu~zng up four houses ten days. He explained the experience they have had with meeting requirements and the building of homes. Mm~ Ryder asked if there were any installations like this in the City of Boynton Beach and Mr. Llewetlyn replied: notat the ~resent time. Mr. Ryder referred to the letter stating they would go accord- ing to the building codes and Mr. L!ewe!lyn agreed. Ryder asPed how the Building Department would handle this and Mr. Smoot reo!ied that he believed these units were controlled under a factory housing statute. M~. Ryder asked if they would issue a c/o and Mr. Smoot replied: no and not a building vermit either, just a permit for the slab, plumbing, etc. Coi. Trauger referred to this not being occuoied and questioned if they recommended an excevtion to the code and Mr. Smoot re- plied that they have the same ,~rqb!em now, but backwards. The= - . ~ ~ ~_~y have a C-~ zone with the a~ lzcant wishing to move onto the site two single family residences ~nd wanting to use both as a model and office. Also, he wishes to connect to some sewage facility. ~'~=~ ....... point is that the building w~l ~ tempo~'-~-~.ry.' They are in a commercial zone. He has t~l~..ea to ~. Schmidt about this. There is a question about fire codes; a wooden structure in a commercial district. His experience with model homes being placed on a commercial property is that they be~ come administrative headaches. ?aim Beach County has had this experience. It is very easy for these things to convert. There is a problem of a residential dwelling occuring in a com=erc_ai d~str~ct. Iff the Board thinks this is desmraome, he would suggest that the man be required to place bond for removal of these units within a certain period off time. He exglam~mm how this was not like a normal development. They are not talking about a developer with 100 acres with the model being sold as a residence. They have a reverse icroblem with single family use in C-~ zone~ which is not permitted. MI~Y6TTES PLAN~fING & ZONING BO~RD DECE?~ER 23 ~ 1 975 Col. Trauger pointed out that they would not object to an office building. He recommends that this cannot be used for a private dwelling. Chairman ~e!!y agreed that it was not going to be a residential use and Col. Trauger added that he didn't want it converted to that. ~r. Schmidt referred to having many things in the City which are i!iegai~ non-conforming~ not compieted~ etc.and they are being used. There are all kinds of stumbling blocks they will have to meet~ They may ask to put someone in the house amd go amd do it and how can they move them out? ~'~. Smoot suggested having them build an o£fice on the site and not connecting the power and se~ers to these units. ~. Schmidt suggested setting a time limit and reviewing this approval. Possibly request that they get a renewal at the end of the year or remove it from the site, Col. Trauger agreed~ but questioned if it would be legal to require that it be re- viewed annually and also ask for a removal bond? Mr. Smoot asked if they permitted temporary offices and Mr. Lleweilyn replied that they have one there now. Co!. Trauger pointed out that they have done it for the bamks in the area. Smoot a.greed~ but added that they put u~ a permanent struc- ture. Mr. L!ewellyn continued with informing them that they are establishing their models in different parts of South Florida. They are only asking for a 2~ month temporary permit. They are not going to put a ~22~000 home on anything which would not be economically feasible. They are putting a model on display at the state fair. They will move the same home to St. Lucie County, Zt has been sold to a family in Ft. ~ierce. These a~e considere~ as permanent homes when they are attached to a slab and they have a permit. At any time~ withim 3½ hours they can move the unit. They may also want to change their model. They are not looking for any long term permit. They are in the housing market and it depends on the economy, They are going in with a lease with the option to purchase the ~ro~erty. Their intentions ~'~ .... 5~u now are not to be there ~'or more than a~ months. Mr. Schmidt asked if he had a.n agreement with the state fair grounds for removal and Mr. Llewel!yn replied: yes and ex- p!ained. Mr, Schmidt informed him that the City is concerned with the use and abandonment. ?~. Rossi referred to L!ewe!iyn~s statement that he would sign a formal agreement. Mr. Schmidt stated he would not have any objections to hook- ing up the plumbing in this case. M~. Rossi asked if a site plan would be presented and Mr~ Schmidt replied that one would and added that he 'would have to meet the setbacks, y~. Rossi ' as~em if he had reviewed the setbacks and Mr. L!ewellyn informed him that he would put one home there and leave the paved area for off~street parking. MINUTES PL~L~,.~I~xG & ZONING BOARD Col. Trauger made a motion to recommend to the City Council the ap-orova! of the erection of a sales nome! by Iuag= Homes~ inc. at 2624 ~'....~orta' Federal Highway, as pro:oosed~ by YK~. Bob L!ewellyn~ with the st=pulavzon.~th~t this be limited to a two year period subjec~ to reviewa.! 'by the same Board and. C=ty Council~and removal bond be provided as estimated by the City Yngineer, and comply to fire codes, and sewer connection be completed, and to be used for public purposes only and not residential. F~. Ryder ~conded the motion. ~otmon carried o Other Discussion i~. Smoot requested to comment regarding the minutes of Satur- day~ ~ovemb~r 29. The minutes reflect a general consensus that he should contact M~. Bill Collins of Palm Beach County, He has been unable to g~ aho!d of Mr. Co}!ins. He would go so far as to say that the letter .~. Fronrath received from ~,~. Collins sneaks to only a residential use on the property known as the Cogen parcel, If Mr. Collins were to ha~e been made a?;,~are of the presentation of commercial on that oarcei, the '~ ' ~ conw~nv~ of this letter would have been dramatica[iy dif~ ferent ~-ne County Land Use Plan does not indicate commercial there Further~ he is wondering whether or not a letter ~ro~ the Director of Planning of a County .Agency satisfies the statutorial demand of the County plan prior to annexation. He knows and trust~sMr. Collins and respects him. Even if he had been made aware of it~ he suggests that it doesn't mean anything. He cannot presume the ability of the Board of County Commissioners. The statute states compliance with that plan. Chairman Yeily asked how this Board could get this information and how could he come before the Board with the assurance that · 9 M.r. the ~ ' ~ ~ _ ~wogect does com~iy with the State Dlan~ Smoot re,~iied with telling about a meeting he attend~ recently regarding the comprehensive plan. He remarked that it is going to get a whole lot worse before it getsbetter with the County telling the cities what to do. Nobody really knows how to solve it. Mm. Rossi pointed out that there was something to work by and Mm. Smoot replied that some people have suggested starting anew. No city has ~atested it. Some city is going to refer to having a master plan though. Maybe this City will say to Cogen: come on in and maybe they won't. ~. Smoot continued and referred to the special, meeting on November 29 and their discussion regarding Cogen and their taking a vote. He asked if this meeting had been noticed and iF~. Rossi replied that it was a workshop. Mr. Smoot cautioned that the Board should be extremely careful of having a special meeting ~_a~,hou~ notice. The owner of the ~ro~erty s~_ouid have been notified, that the issue was going to be discussed. The YLAN~{ING & ZONING BOz~D PAGE ~'~ ~ v Tt~i ~N T ~ -F OUR DECE~ER 23, ~ 975 point is not what was discussed~ but that there was no notice given, it is very important that this is done, They are deny- ing the man his right to present his argument. Chairman Eei!y replied that he had never been advised of this necessity. Col. rrauger remark.ed that he could see the point. ~. Schmidt re- ferred to how the members could become prejudiced at a workshop meeting, bk~, Smoot informed him that a ~ork~hop meeting is for information only. in this soeciai_ meeting~ they reversed their position and the .... ~' ~ a~mcant was not present~ Mr, Smoot then passed out oopies to the members of the Sug- gested Procedure for a District Boundary Change he prepared. He suggested that they look at this. He referred to the note on Pa~e ] regarding the deletion of Section oC He ' ~ ~ mn~ o_ reed them that 9D would be the application, which cannot be final- ized until he has feedback from the Board. ?~. Smoot then referred to his availability and. stated he expressed his problems earlier. If they want more informa- ~=on, bne.y must have more administration involved in the pro- cessing of the applications. Mr, Rossi stated that it seemed to him that this Beard needed more than anything else was a staff member to prepare the material in the proper order and identify it, They can't be counting parking spaces~ etc. He thinks it's about time that the City gets a full time planner. The material before the Board should be in the proper order. Mr. Smoot informed him that basically this whole burden falls on the Building Department and it is not fair with the work- load they already have. ]~. Ryder agreed that they needed input. Mr. Rossi referred to everyone~ including himself, spending a lot of time on this. They muddle through these things because they are half-prepared. Mr. Smoot adVised that he has some suggestions, which he will make at the next meet- ing. They will get into the adoption of rules of procedure for this Board and rules of procedure for the administration. On the ~orocedure prepared, he has noted the City Manager~ since they do not have a planning official nor zoning offi~ cia!. M~r. Smoot continued and referred to his involvement with the ~oarm and sta~,ea he would like to come to one meeting a month. He also pointed out that a workshoo meeting should be held one week in advsmce of the public hearing and they would be pre- p~.rem for the .~uolmc hearing ~. Rossi agreed t_~ms would be a better setup. He added that with a workshop, all the things would be ironed out and regular meetings with audiences would flow. m_ o=~oo~ asked if it was set by precedent to have two meetings ~ month and ~_r..al~ replied that he believes it WaS o MINUTES PAGE T~f ENTY-F t~'E ADJOURN?~NT iz~. Ryder made a motion to adjourn, seconded by Col. Trauger. Motion carried 5-0 and the meeting was properly adjourned at 1~:55 P. M. REVISED ::A G-ENDA Regular Planning and Zoning Meeting Time: Date: Place: 7:30 P.M. December 23, 1975 Council Chambers 1. Acknowledgement of members and visitors. 2. Reading and approving of minutes. 3. Announcements: 4. Comnunications: 5. 01d business: Lake Worth M~riner Village Subdivision (Presentation of corrected drawings) Rep. , Mr. Conte New business: * 1. Abandonment request - City of Boynton Beach Rep., Mr. Frank W. Donovan *2. Re-zoning request - Huddle & Detert 718-806 N. E. 7th Street Rep., W. H. DaCamara *3. Re-zoning request - Folsom 1123 S. E. 2nd Street Rep. , Nolan E. Williams Conversion of portion of Golden Sands Inn Motel to condominium. 2201 South Federal Hwy. Rep. , Mr. Jeffrey D. Kneen, Mr. Bob Webb, and Mr. O' Brien Image Homes, Inc. - Sales model 2624 North Federal Hwy. Rep., Bob Llewellyn, President * PUBLIC HEARING ITEMS Regular Planning and Zoning Meeting Time ' Date: Place: 7:30 P.M. December 23, 1975 Council Chambers 1. Aeknc~ledgement of men~ers and visitors. 2. Reading and approving of minutes. 4. Communications: 5. 01d business: Lake Worth Mariner Village Subdivision (Presentation of corrected drawings) Rep. , Mr. Conte 6. New business: *1. Re-zoning request - Huddle & Detert 718-806 N. E. 7th S~treet Rep., W. H. Daeamara Re-zoning request -Folsom 1123 S. E. 2nd Street Rep., Nolan E. Williams e Conversion of portion of Golden Sands Inn Motel to condominium. 2201 South Federal Hwy. Rep., Mr. Jeffrey D. Kneen, Mr. Bob Webb, and Mr. 0'Brien Image Homes, Inc. - Sales model 2624 Narth ?ede~l Hwy.-~. .~ ~;~ Rep., Bob Llewellyn, President PUBLIC HEARING ITEMS