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Minutes 11-29-75 MINU~S OF THE WORP[SHOP ~TING OF THEM%AN~ING~ & ZONING BOARD HELD AT CITY HAIL, BOYNTON BEACH, FLORIDa., SATURDAY, NOVEmbER 29, 1 975 AT 9:00 A. M. PRESENT Jsseph T. Kelly, Chairman Walter M. Trauger, Vice Chman. ~rs. Vicki Castello lV~rs. Marilyn Huckle Enrico Rossi ABSENT Simon Ryder Oris Walker (Exc used ) Chairman Kelly called the meeting to order at 9:J5 A. M. and took ~oll call. He noted they had no recorder and would have to depend upon the recording secretary. He announced the meeting was open for general discussion. Chairman Kelly read the attached letter dated November 26, ~975, addressed to ~. Charles Fronrath from the Palm Beach County partment of Planning, Zoning & Building in reference to the Cogen Annexation. After reading the letter, Chairman Kelly stated he would like an expression of opinion of whether this clarified their previous question regarding zoning when annexing. Col. Trauger replied that it seemed to meet the criteria of the ques- tion of whether it conformed to the County Land Use Plan, but they must also consider their other request regarding revision of the egress and ingress. Also, it must be clarified about the dedication of roads, whether the land for the water tower is in a satisfactory location, and whether he can develop the commer- cial and leave the residential to be developed slowly. M~. Rossi referred to the action the Board took and how they should have considered the City Comprehensive Plan, which shows this annexed area proposed for a PUD. He questioned whether they could ignore this plan, which the City has paid a lot of money for? It is quite s pecm¢mc. The intent was to bring lands into the City as planned unit developments. Everything about it is controlled and fixed. Chairman Kelly referred to the City Coun- cil meeting when Mr. Cogen appeared before them regarding this annexation and two Council members expressed the opinion that they have enough PUD's. The expression also was made tha~ they need residential areas to bring in young people with children. They have enough condominium developments for senior citizens. Mrs. Huckle referred to their discussion before the meeting com- P~ing Charter World to this development and how the Planning & Zoning Board does have controls. ~he believes this will come back to this Board more than once. She believes the City Council MINUTES- ~ORaSHO.' '~ o MEETING PLANNING & ZONING BOARD P~GE T&~O NOVE~'ER 29, 1 975 recommendedit w'~ this request to the Board to apply zoning and then l~l come back as a subdivision or PUD for future study. She read th!e minutes of the meeting of October 28, 1975, on Page 6, where Mr. Bushnell explained this was an annexation and not a subdivision proposal. It seems to her after they make a recom- mendation for an overall zoning for annexation purposes, it either comes back to them as individual parcels, or PUD, and that is when they get their controls and specifics. ~s. Castello agreed it would come back to the Board again for site plan review; however before they annex it, they should put some controls on it. ~s. Huckle stated ~he thought they should not put R-1 and C-3, but should give it some overall zoning. She referred to this being outlined somewhere else besides in Resolution 74-L. She then told about the procedure in which the Charter World appli- cation was processed. At that time, it was contended that it was illegal to zone and annex together. However, this was never re- solved. Mr. Rossi stated the reason they agreed to this wor~kshop meeting was to decide whether their action taken at the meeting on Novem- ber 12 ~s~p~r~e~.~hey actually don't kuow if they are acting within ~ne~~given to them by the City Council and also ~/~ if they are doing the proper thing with zoning and annexing. Chairman Kelly informed the members that this was on the agenda for the City Council meeting on Tuesday night. The members agreed this could be stricken from the agenda pending the decisions reached at this meeting. Mr. Rossi referred to Mr. Smoot pointing out that they have an obligation to their Comprehensive Plan. The plan has been adopted by the City. Chairman Kelly informed him that he tried to find out if t ~ h~s plan was adopted, but was unable to. Mr. Rossi continued that they must find out if this plan has any ~ignificance. If they are mandated to follow it, they must. Mrs. Huckle referred to the input from the City Attorney in re- gards to the County Land Use Plan overriding the City plan~ac- cording to State law. She thinks this must be considered. Chairman~ . Kelly advised that Mr. Fronrath told him that both M~. L~bertm and ~. Collins stated if they go on the basis of recom- mending R-~, they will not be in conflict. ~s. Huckle stated they were told it was agricultural and apparently, it is not. ~s. Castello clarifded that the Land Use Plan recommends resi- dential, but it is presently zoned agricultural The members discussed this further. ' Chairman Kelly read Paragraoh 2 of Florida State Statute ~71.062. He clarified that this land-would be subject to the County Land Use Plan. ~,~s. Huckle referred to it stating the municipal govern- ing body could not increase nor decrease the density. MINUTES - WORKSHOP ~ETING PAGE THRiEE PLANNING & ZONING BOARD NOVE~ER 29, 1975 Chairman Kelly referred to the attached letter stating they could go in with a subdivision plan with not lower than 3½ nor more~ than 4 or up to 6 units in a PUD. Mrf Rossi stated he thought it was important to note that this letter itself did not answer the question as to how the County would act, but states they recommend low density, However, density is not the only question because zoning involves development of the plan which includes commercial with residentis~. For them to say the County would accept this plan is not correct. ~s. Huckle pointed out that the residential portion would comply with the County. Chairman Kelly questioned if it meant the City could take in the low density residential for the entire tract and they would have to wait two years before it could be changed or go to the County~ _Mr.b ~ Rossi stated that the applicant had a specific plan which was ro~en down into R-~ and C-3 and these were identified. For the Board to state they are willing to take in the entire tract as residential may not be to the liking of the applicant. ~¢r. Rossi r ~ e~erred to the fact that they must consider that they are about to put 6,000 sq. ft. lots abutting Quail Ridge and Village of Golf and possibly there should be a buffer and he feels a public hearing is necessary. Should it be buffered with larger sized lots rather than giving blanket sized lots? Col. Trauger asked if there would be a public hearing and M~s Huckle replied t ~ . ha~ she believed the City Council makes an announcement~- of the intention to annex and after that has been advertised, a public hearing is advertised. Mrs. Castello asked if any legals had been published on this ~ud Chairman Kelly replied that he had not been able to find this out. M~s. Huckle remarked that she thought this must be removed from the agenda for the City Council meeting on Tuesday night. Chairman Kelly ascertained that the members agreed the motion made at the ~ ¢~ovember 12 meeting needed f urtner discussion. He added that they were going to try to do it at the last meeting, but didn,t have the time. M~s. Huckle stated again that it must be removed from the agenda and agreed that they must get addi- tional input which they don,t have today. She added that there are questions to be answered by the City Attorney, City M~nager, and Mr. Smoot. Chairman Kelly announced they would held a special meeting after this meeting. ~r. Rossi agreed that he didn,t think they were going to resolve this at this time. They must find out the steps needed to be taken. ~,~s. Huckle added that they didn,t know the procedure for annexation, public hear- ings, etc. Mr.~Rossi added that they must meet with the City Attorney and City Manager and ~,~s. Castello agreed. Chairman Kelly stated that they should also meet with the City Council and he has been trying to arrange this meeting. They must get with somebody and get guidance on this. The members discussed further how their action at the previous meeting was question- able as to being legally and technically correct and how addi- tional input was needed.~ Chairman Kelly declared the meeting adjourned at 9:50 A. M. Culpepper - N°vember26, 1975 P. Box 1048 Dear·. Mr. Fronrath, As you : 33'435 to me in our recent tele RaYmond A. Liberti Oirect~or· ?. and which and the Bail Ridge ended for l°WdenSity' Single-family -4 units up to 6 units trust this letter will aid 'Lamd-.-Use Sincerely, the WCC:mlw R:IDA 33402 ' (3