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Minutes 03-15-75 MT_NUTES OF THE- WORKSHOP ~.~ETING OF T~ ~ANNiNG & ZONING BOARD ~HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, SATURDAY, ~CH 15, 1975 AT 9:00 A. M. PRESENT Joseph T. Kelly, Chairman Walter M. Trauger, Vice Chman. Mrs. Vicki Castello Mrs. ~,~zrilyn Huckle Enrico Rossi (Arrived 9:23 A.M.) Oris Walker (Arrived 1:30 P.M. ) ABSENT John I. Rogers Jack Barrett, Building Official Warren Bushnell, Deputy Bldg. Official Mrs. Suzanne Kruse, Recording Secretary Chairman Kelly welcomed the ladies and gentlemen present to the third workshop session for discussion of the proposed zoning map amd. called the meeting to order at 9:15 A. M. He introduced the members of the Board; Mr. Barrett, Build- ing Official and Acting City Planner; Mr. Bushnell, Deputy Building Official; and V~s. Kruse, Recording Secretary. Chairman Kelly announced they would first consider the re- quest of Mrs. Agnes Stoner of 246 S. E. 23rd Avenue since she is present with her lawyer. He stated her request was #52 on the map and she was present to discuss the question of zoning on her property which is located next to The Cellar Resta~ant. Mr. Robert M. Leite stated his name and that he was an attor- ney representing Mrs. Stoner. He submitted a letter to the Board from Howard and Phyllis Hale, 240 S. E. 23rd Avenue, indicating their desire to have the area zoned commercial. He advised the Board that he attended the open hearing Before this Board some time ago with Mrs. Stoner and at that time, they indicated that this area should be zoned commercial and asked for C-2 zoning. Mrs. Stoner's house is immediately next door to The Cellar Restaurant and across the street from the Lil General and next to The Cellar is the railroad. 23rd Avenue: is a thru street, an ambulance route and there is considerable traffic along there. He would also imagine that the City plans to widen this street. When she bought the house many years ago, the restaurant was not there and now with the noise from the restaurant, railroad and traffic, it makes it really not suitable for a residential area. He feels that block and possibly the block behind there should be zone~ commercial. If the property was zoned .commercial, it would increase the value. The property is not worth what it ordinarily would be for residential purposes because of the location mud immediate area. It seems that common sense would tell us that the highest and best use of..this piece of property wo~d be commercial. He then asked what the usual MINUTES ~ANNING & ZONING BOARD PAGE TWO MARCH 15, 1975 considerations were in this type of rezoning request? Mr. Barrett replied that normally they take into consideration the number of existing single family homes, width of the street, and the compatibility of the surrounding area. He then asked what Mrs. Stoner's plans were and Mr. Leite re- plied that she didn't have any definite plans. She really can't make any plans until she knows what she is facing. ~. Barrett then informed him that C-2 would not be an appropriate zoning, as it is for a neighborhood shopping center. C-1 would be more compatible if the Board would consider that. Mr. Leite asked if there could be a Buffer zone of a couple properties between the homes and The Cellar Restaurant? M~. Barrett replied that it would be hard to provide a buffer zone in such a small area. With a buffer area, it would also create spot zoning, which is what they are trying to correct. He would propose at this point that the Board consider C-1 for this area. Chairman Kelly stated that the Board would give very serious consideration to ~s. Stoner,s request. At this time, Chairman Kelly commended the Board for the work. they have done. He expressed the hope they could finish the map today and then have a meeting to co~sider the regu- lations and then it would .be ready to present to the City Council. After discussion, it was agreed to set April 5 as a tentative date for their next all day session. 'Chairman Kelly then declared a ten minute recess at 9~35 A.M., so Mr. Bushnell could get materials necessary for the meeting from the Building Department Office. The meeting was called back to order at 9:50 A. M. Chairman Kelly announced that during the recess, the members consulted the map and looked at the area on the south and north sides of S. E. 23rd Avenue for consideration of C-1 zoning. The members then had a discussion regarding the com- patibility of C-1 zoning to the surrounding area, traffic along this street, possible widening of the street, size of the lots, etc. Mr. Bill Elam stated his name and that he resided at t80 Luciana Drive~ Hypoluxo Park, and o~ned property on 23rd Ave., marked #52 on the map. He referred to traffic alo~ this s2reet and advised that the residents along there are complaining about what it is today. There is no definite date of completion for 15th Avenue west and 23rd Avenue will get all the traffic. The biggest headache of msmy cities along the seaboard ~ east/west routes because of the two sets of railroad tracks. 23rd Ave. has to be one of them. It is kind of ridiculous to leave the area in. discussion zoned R-lA to put single family residences on a main artery MIN~3TES PLANNING & ZONING BOARD PAGE THREE ~LRCH 15, 1975 highway. Mrs. Huckle asked which was his particular piece of property and Mr. Elam informed her it was at-s.E. 1st Street and S. E. 23rd Avenue. Mr. Barrett questioned the depth of the lot and Mr. Elam replied that it was 100 feet, but he would still have room to build with ample parking, etc. Iir. Barrett pointed out that he didn't have the 120 ft. depth.. He referred to the traffic impact and informed that any residential use on a traveled artery contributes 24 hour a day traffic, but offices would only create 8 hour per day*' use. There are only 4 to 6 trips per hour to a pro- fessional office. Mr. Elam stated his personal opinion in reference to the C-1 code was that it calls for ~ery high class buildings, such as professional use. In this heavily traveled area, he believes the Board has used very good thinking in zoning the area along the railroad tracks C-2. There is a lot of west of 23rd Avenue which will create the area. If the Board sees fit to rezone this strip along 23rd, all these people that will be living on this vacant acreage plus the residen- tial areas north and south of 23rd could walk to the neigh- borhood C-2 district and also to the C-1 district, which will eliminate some of the traffic. Mr. Barrett stated there was a difference between~have and will and Mr. Elam agreed, b~ut that it could eliminate the traffic to a slight degree. R-IA is of no benefit at all and would be a down- grading situation. He stated he did not have a selfish or greedy motive in this, but honestly feels if he built a single family home on his lot he could not sell it at build- er,s cost. It is going to be a major artery highway and he recommends that it be proposed for C-1 which will upgrade the zoning and help everyone along the street. Chairman Kelly asked if anyone else was present from this area and desired to make any comments. Mm. M. W. Duvall stated his name and his address as tt7 ~. E. 22nd Avenue. He referred to a petition he had presented from the Crestwood area, which requested the zoning be changed to multiple family housing in this area. However, he does agree with Mr. Elam's recommendation. He owns the southeast corner lot at 23rd and Seacrest. He was a civil engineer and with his experience, 'he does agree with ~. Elam. Mr. Chuck Fromrath stated his name and that he didn't own property in this area, but represents Mr. Frank Rella, the owner of 31 acres east of the railroad. This was industrial when he purchased it and it has been rezoned to OPand he agrees with this. He also has a strip abutting 23rd and it was zoned and proposed commercial, but now he heard it might be changed to residential, which he would object to. The members checked the loc~ation on the map~and noted that it was not clearly shown. Mr. Barrett stated he believed it was R-2 on the old map and Mr. Bushnell went to get the MINUTES ~ANNING & ZONING BOARD PAGE FOUR ~CH 15, 1975 official map from the Building Dept. Mr. Rossi qmestioned how he proposed to use this land andMr. Fronrath replied that he will use it as an office park as designated, but would like access from 23rd Ave. Residential along the railroad would just not be usable. Mr. Rossi ascertained that his concern was that they would have to go through resi- dential to get to the office park and Mr.. Frenrath agreed. Mrs. Huckle pointed out that an office park allows four stories and they didn't want that next to a residential area. The members first gave extended consideration to the south side of 23rd .Avenue. During the discussion, ~s. Castello pointed out that C-1 also includes multi-family dwellings and this would create the traffic ~h~y w~uted to eliminate. ~. Barrett stated this could be reconsidered when they checked the regulations. Finally, it was agreed to change t~proposed zoning to C-1 starting at the first lot east of Seacrest, which is presently zoned C-1 on the southeast corner of 23rd and Seacrest; extend the C-1 zoning eastward to the point Qf The Cellar, which is a two-depth lot two lo~ west of the railroad; extend the line south to 24th ~enue$ ~hen east in a straight line to the back west line of the existing C-3 area; extend it northward o~ the first platted lot to 23rd Avenue~ bring it west back to the rail- road and close the zoning. The members then discussed zoning for the north side of 23rd Avenue. it was agreed to change the zoning to .C-~ starting at S. E. 2nd Street on the north side of 23rd Avenue, those lots in that block between 2nd and 1st one lot depth; then going north along S. E. 1st Street to one lot depth between S. E. 1st Street and Seacrest; and close zoning of the exist- ing area east of the track~ with a vertical li~e. Rev. Judson Westgate stated his name and that he was the pastor of Ascension Lutheran Church, 2929 South Seacrest Blvd. He stated that he has been a resident of this community for many years. He objects very strenuously as one individual to this Board changing everything to commercial and using his tax mohey which went to pay for a master plan for residential houses along mai~ arteries to keep down~ traffic, He doesn't see why this community has to be like Hollywood, Boca Raton, etc. and ruin the community with strip block zoning. Chair- man Kelly replied that he felt the Board as a whole has stuck pretty much with the general overall development plan to which he referred. Rev. WeStgate disagreed and stated they were changing everything from residential to commercial. The Board is doing it along every main artery: in front of his church, behind his house, along 23rd Avenue, etc. He questioned if they got their education from realtors or MINUTES PLANNING & ZONING BOARD PAGE FIVE ~RCH 15, 1975 something? Mr. Rossi replied that he did not appreciate Rev. Westgate's sarcasm and they certainly did not get their edu- cation from this source. Chairman Kelly added that Mr. Rossi was an engineer. Rev. Westgate then asked what made them change this property to commercial? He continued that we have Congress, Seacrest and U. S. I running north and south and Boynton Beach is a beautiful community to drive through, as we don't have all these shops to throw traffic into the high- ways. Col. Trauger pointed out that the problem was east and west arteries. Rev. Westgate replied that was what he was talking about with putting commercial along these arteries. ~rs. Huc~le stated they were a voluntary Board and were just making proposals. Rev. Westgate stated he didn't want the ~ame thing to happen here as in Hollywood and Boca Raton. Medical a~d dent~l facilities throw traffic in and out all day long on a highway. Mrs. Huckle re~ked that they were better than a Lil General and Rev. Westgate replied that they created just as much traffic. Chairma~ Kelly stated that he agreed with Mrs. Huckle that not as much traffic was created from a medical facility. Rev. Westgate stated they should take a count of the traffic going in and out of the facility across from the hosDital. M~s. Huckle ones they were proposing were only one to which he was referring to was :~ Rev. Westgate ended by stati~that he recognized Kelly was one that only practiced moral only Mrs. Huckle replied that he should not judge others. Mrs. L~yal Rohr~baugh stated her name and her address as 2857 S. E. 1st Place. She stated she would like to enter some in:put~ into the area being discussed. She referred on the map to the area of 26th Avenue near the hospital. She stated the R-2 zoning was changed to C-1 and with all the same sur- rounding zoning, it is not desirable. The entire picture surrounding this area must be considered. If you take one block, it automatically downgrades the property behind it. The Board is proposing to downgrade the residential area. The south end of Boynton Beach: has also been designated as residential and is essentially all developed. She cannot concur with their line of thinking by allowing the hospital on the west side of Seacrest and medical complexes on the east side to set precedence for the entire area. It will eat away at the area. it will destroy what this whole area has been designated for since there has been any planning of any kind in Boynton Beach. She referred to their statement that C-1 is a limited commercial and grants they have worked very hard, but medical facilities are not desirable next to residences. She lives adjacent te the parking area for the medical complex. That complex has never been in conformity with the zoning code at any time. Things can only be con- trolled as long as the same members are on the Board. All MINUTES PI,ANNING & ZONING BO~J~D P_~GE SIX M~RCH 15, 1975 ordinances are only as good as the people who have to enforce them. There is no protection given by stating you can only have such things in a certain area. She referred to Mr. Barrett,s statement that a professional area generates 4 to 6 cars per hour and a residential area generates 8 per day. F~. Barrett pointedueut that this was just fact for the Board's information. Mrs. Roh~baugh continued that she lives next to the parking lot at the medical complex and this estimate is way too low. Mr. Barrett informed her that it was 4 to 6 cars per hour for each facility or each doctor. Mrs. Roh~baugh continued that this consideration of rezoning to C-t was vieing to a special interest group. The residents don,t think it isadvantageous to have more medical facilities and the doesn,t need it. If you look at all cities with hos in commercial areas of the city, they have moved far away from the area to get away from traffic. It will be making it more difficult to get to the hospital by proposing more dental and professional facilities. If you want to make Seacrest C-1, go from Gulfstream all the way to Hypoluxo and see how muckyeu would like this in your area. This:' is strip C~irmanEelly pointed out that it also allowed dwellings and Mrs. Rohn- baugh referred to the st~ that were going to re- consider taking this out of the Chairman Kelly stated that multi-~amily could be duplexes and ~Ms. Roh~Baugh replied thatshe unders, tood. She continued that they would be eliminating any fu~re residential construc- tion in what has always been residential. It would be de- stroying a residential Mrs° HUckle stated she was not too happy about the merit: of speci~ interests and ~s. Rohr~haugh replied that i' would be a special in2erest group that would profit. N~s. Huckle stated she should consider the City overall with visioning $1eacr~st remaining residen- tial and questioned if she Could readily see it remaining that way in five years? ~M that it definitely should remain re going to invest money right now the lot next might be changed to commercial, would even by more advan- tageous than commercial, ttUder C-1 will not be advantageous to a single home. Mrs. Huckle question- ed if people would put money in2ol the lots with all the traffic and the ambmllances, etc.? She added they could work with what is~ there now. When you in property on Seacrest, Mrs. Roh~baugh re- plied that most of the area is residential, with the excep- tion of a large open parcel which has been proposed for a nursing home for years. If they ~are going to hold the 30' setback in the rear too, there wouldn't be much they could put on the commercial lots. Homes are being built on Sea- crest to the south. Dr. SW!nner and Dr. Simon are holding MINUTES ~ANNING & ZONING B0~RD PAGE SEVEN MARCH 15, 1975 out for their special interests. These will be located right at the entrance of the hospital which will congest traffic into the hospital more. Everything now does have to come in and out of the hospital from Seacrest. Chairman Kelly announced at this time, 11:20 A. M., that he had to leave and turned the meeting over to the Vice Chair- man, Col. Trauger. Vice Chairman Trauger asked the record to note that Mr. Kelly has been excused for an appointment and announced he would assmme the Chair. He then asked Mrs. Roh~baugh to continue. Mrs. Roh~augh stated with the proposed C-1 zoning for a five block area, it is strip zoning. She can't see where this particular zoning will benefit the community as a whole. The professional buildings there are not a community interest, but a special interest. The~ are detrimental to all resi- dential property surroundingit and even close to it. Mrs. Roh~baugh referred to her property, Lot l, Block 4 of Seacrest Estates, on the map. She stated they have been in l~i~a~-i.0n_.~ for over five years about this piece of property. There is action pending and she doesn't want to see any re- zoning until this is resolved. ~. Barrett advised her that the Board is aware of this and it is being considered. Rev. Westgate appeared before the Board and requested to answer Mrs. Huckle,s question. He stated that three member families of his congregation had tried to purchase lots to build on snd were informed by John Dewey that these lots were going to be commercial and they couldn't afford them. This will give you some idea of why Seacrest hasn't developed. The Dewey lots are six empty lots in a row. Also, Mr. Eeaton on 15th Avenue, has made the same statements to pro- spective buyers for residential purposes. Mr. Rossi referred to three homes currently on Seacrest now that have been sit- ting empty for awhile. Rev. Westgate replied that he believed people were waiting to see what happen~ with the zoning. Mr. Barrett added that there was also a sewer moratorium on. Mrs. HUckle referred to the Cooper family living on Seacre~t and advised they were looking for another home as they do ~ot like the traffic in the area. Rev. Westgate continued that he has counted the cars going in and out of the medical com- plex and there are many more tha~ generated by a Lil General. Mrs. Huckle stated they also have letters from people on the west side of Seacrest and they must consider their requests. She still wonders whether Seacrest is an area where people would want to build on. Rev. Westgate stated he would bring affidavits from these people who had tried to p~rchase the lots and Mrs. Huckle replied that she would like these for the record. Vice Chairman Trauger pointed out that with MINUTES PLANNING & ZONIN~ BOARD PAGE EIGHT ~L~RCH t 5, 1975 the whole plan of the City with Seacrest due to be widened, there isn't any place to put a commercial area to serve this without spotting it all over the City. Rev. Westgate referred to ¥~ami Shores and North Miami and how nice and beautiful they were with not having commercial establishments along the main arteries. Mrs. Huckle replied that they were pro- bably planned that way when new. Seacrest was not nearly as heavily developed when the hospital was built. Rev. Westgate continued that any other north/south route would have to be to the west. There are enough commercial areas on he with putting all the commercial downtown. The areas should be kept nice clome to the Beach and let the commercial areas go out west. Mrs. Huckle pointed out that offices must be close to the hospital and Rev.~Westgate replied that traffic routes should be planned. Mrs, Castello added that the people living on Seacrsst are not generating the traffic. She was in court about noise recently and most of the people along Seacrest complained ~bout the traffic noise.. Vice Chairman thanked Rev. for his opinions. Rev. West- gate gave him a petition ~ef.erence to 15th Avenue and stated there would be additional names. Mr. Bill Elam stated his name and his address as P. O. Box 23, Boynton Beach. He referred to ~s. Ro~baugh's state- ment about the noise and pointed out that she didn't mention that it discontinued at 5 O'clock or that it continued 24 hours a day. He would thi~ that under the circumstances in his experience from traveling by that complex, which is needed, it is a shame she is living so close to it during the day, but at night he believes it is pretty quiet around there. In reference to Rev. Westgate's remarks about people wanting to buy residential lots and three affidavits of same, over the years when Seacrest didn't have the traffic which it has today, the amount of people who wanted to buy those lots never did probably because of the traffic. Mrs. appeared before the Board again and stated she was glad Mr. Elam brought up the problem of the noise. It is true that by 6:30 Po M. all the patients' cars are out of the p~king lot; but when the traffic is gone, they become very aware of the huge compressor for the air condi- tioning of this complex. She would like to have a noise control of the noise generated from this compressor. She must turn her television high in order to hear. She cannot carry out a conversation in her back yard because of the noise. Thi~ is very detrimental to their area. She is sure the Board is going to do what they feel they have to do and if by any unfortunate chance they find this has to rema~ in the proposed zoning, they should seriously consider and MI~JTES PLANNING & ZONING BO~ZRD PAGE NINE M~RCH 15, 1 975 get opinions on the density, floor space that can be utilized, size itself, etc. They should consider the noise of this com- pressor, the size, and possibly enclosing it to decrease the noise. M~s, Huckle agreed and Mr. Barrett informed them that the City has recently enacted a noise ordinance. Mrs. Castello added that if she has a problem, she should file a complaint. She also advised that she should get a decibel check. Mr. Barrett also suggested that she file a complaint. Mrs. Huckle pointed out that the area just south of it allows a church or nursing home without securing a conditional use and this should be checked, that she just did not want C-1 zoning; and don't ~eed another. Mr. Elam referred to the noise ordinance and advised that a complaint was filed by the residents of Hamp- shire Gardens and they were successful. The ordinance has teeth in it. Vice Chairman Trauger stated that they had heard all the a~gu- merits. Mrs. Huckle stated the~ should also refer to Dr. Skinner,s request, #44 on the map, who was in favor of C-1. She read Dr. Skin~er's reeuest from the F~nutes of the previ- ous meeting and they loca6ed the property o~ the map. Mr. Barrett added that the property was located on the northeast corner of 26th and Seacrest. Vice Chairman Trauger pointed out that if they permitted one lot to be added on here and there, it was not good in reference to Dr. Skinner,s extra lot. He then referred to Donald Ramsey's request from the public hearing and read from the minutes. Mrs. Huckle added that #43 was Mrs. referred to the same thing today this She referred to #48 and Mr. Zompa's request and read his comments from the minutes supporting this area for C-1. The members looked at the existing, proposed and ae~i&[m~aps of this area. Mrs. added that these doctors put up these medical complexes, don't e~en live in Boynton Beach. ~. Rossi questioned the churc!h property being proposed for C-1 zoning. Mr. Barrett note~ the time and stated he did not think they were going to resolve this before lunch. Vice Chairman Trauger adjourned the meeting for lunch at 12:00 P. M. Chairman Kelly cmlled the meeting to erder at 1:30 P. M. and welcomed the ladies and gentlemen present to the afternoon session of the workshop meeting of the Planning & Zoning Bos~d. He announced that this was not a public hearing; but if anyone had something to say,, they would certainly have the opportmuity to do so. He introduced the members of the Board, Building Official, Deputy BUilding Official and Record- ing Secretary. MINUTES ~ING & ZONING BOARD PAGE TEN M~RCH 15, 1975 Chairman Kelly asked Col. Trauger where they planned to start, since he had to leave at t1~20 A. M. Col, Trauger informed him that they left off with the zoning in the area along Seacrest in the area of the hospital. They heard from F~s~ Ro~hi~baugh and Rev. Westgate requesting residential for this area. They left off with looking at the area of the Ascension Lutheran Church and thinking about the possi- bility of changing that to residential. They also considered request #44, but the general consensus was not to move back one lot. Mr. Barrett referred to the zoning map and the south end of the proposed C-t area where there are six lots which are north of 28th Avenue and at the north side of these six lots the zoning line runs westerly. He proposed to carry this zoning line straight across to join the existing R-lA& zoning line, omitting the R-lA line running to the south and the R-lA line running east along that row of lots, putting this area back into R-IAA zoning category. He explained this on the map. Mrs. Agnes Stoner stated her name and her address as 246 S. E. 23rd Avenue and requested oermission to talk about this ~rea under discussion. She sta~ed that she owns Lot 8, Block 4 and Lot 16, Block 3 in Seacrest Estates located at $. E. 1st Street and 27th Place. She feels a small business would give a buffer between the commercial and residential. Mr. Buskuell pointed out the two lots she owns on the maD. Mrs. Castello rema~ked that her lots were located quite a distance in from Seacrest. Chairman Kelly pointed out that this area was all R-1AA and she was locatedm too far back to justify this kind of recommendation, i~s. Stoner replied that she wanted the back area to remain residential, bu~ would like commercial along Seacrest. ~. Barrett continued and suggested eliminating the C-I in the short strip, the last six lots, and north of that to re- main as indicated at C-1. Mr. Bushnell indicated this on the large proposed map. After discussion, the members agreed. Mr. Barrett then referred to the area east of the R-1AA and running equal to the line of 27th Place and northw~d to 23rd Avenue, which is designated as proposed C-1. Mrs~ Huckle pointed out that part of this area was in the existing zo~ng of R-2, R-3 and residential, but they have proposed to include it in ~-1. Mr. B~rrett added they should also consider Dr. Skinner,s request at the same time, which was for the extra lot he would l~e to use for parking. The members consulted the existing and aerial maps. Mr. Rossi stated he was in favor of leaving it as shown on the plan ~t C-1. The remain- ing members agreed with him, except Mrs. H~ckle who stated she was undecided and then abstained from giving an opinion. MI~TES PLANNING & ZONING BOARD PAGE EI~VEN ~[RCH 15, !975 ~. Barrett then suggested that Mr. Norman Michael be given the opport.uuity to present his plan since he was present. Mr. Norman Michael stated his name smd that he represented Milnor Corporation. He informed the Board that he had not as yet had the opportunity to present to the Planning & ZOning Board their proposed development plan for the inter- section of S. W. 23rd Avenue and Congress Avenue. As shown on the map now, the Board has designated part of this proper- ty for C-2 use. They are here 'to request that the Board con- sider zoning the balance of this tract, Tract 4 Section 3 of Golfview Harbor, to C-2. They have built single story quad- plexes on the designated tracts and have four tracts remain- ing. Nos. ~, 2 and 3 are zoned for multi-family use. In December 1969 when they first made their proposal to the Planning Board for a rezoning change, the Board told them they were preparing a master plan. At that time, they did consider rezoning this portion of our property into multi- family use, but did reserve this section until the master plan was completed. This section was held in R-I~, as a holding zone. In October, 1971, we had this property re- zoned to multi-family use and presented the portion on the northeast corner. This corner has a 'traffic light and there are over 15,000 cars at this intersection, per day. He showed a blow-up of the site showing the nine acres in- volved. The reason for this request that all the property be considered in C-2 in lieu of just half is because they have already designated a bank on. this corner. A bank ex- pressed the interest to buy at least four acres of this ground. They are suggesting that this be developed as one whole complex. He then showed a plan of the proposed shop- ping mall in early American architecture. He pointed out a foot bridge designed to bring residential traffic from the subdivision by foot to shopping. They have developed about 3/5's of Golfview Harbor. They acquired this land in 1968~and solved the sewer problem by installing sewer lines-and developing 200 homes. They feel the best use at this intersection is commercial. They feel they have built one of the finest residential sections in the City. When they get their apartments under construction, they are going to cut off several roads into Congress with 27th Avenue and 25th Place being boulevard entrances. This will cut down the flow of traffic during the morning and late afternoon hours when this area is stacked up with autos and it is quite dangerous. Traffic congestion is increasing daily. It would be more advantageous to build this as a unit development and not piece meal development. The landscaping plan shows trees with heights of 25 to 30' and hedge rows along the canal area. He further explained the plans and also pointed out that it would have cobble- stone streets and would be different and unique and some- thing the area would like and need. Along the pedestrian MINUTES PLANNING & ZONING BOARD PAGE 'I~ ELVE ~RCH 15, 1975 walkways, there will be landscaping,trees, and small shops. These are just convenience stores such as men's and women's stores, insurance, pharmacy, travel agency, doctors, etc. The bank itself, when i2 is approaching its second year of operation~ will employ 40 pe~ople and the shopping center will employ 120 people. This will increase the tax base of the City and help stabilize ~2h$ residential tax base. The intent is one of aesthetic beautiness. He thinks it will be a benefit not only to the community, but also to the City in the way of additional taxes and employment. In lieu of half of it being zoned C-2, they would like to see the entire par- cel zoned C-2 to be developed as one unit. Across the way is the church which extends beyond their property. Agricul- tural mining business is across the street. Down the street is Charter World a~d M-t zoning adjoins at the south. Beyond the church is the fire station and then a strip designated for a convalescent home or apartments and then Lindsley with commercial. They are not anything unusual which will be required for that busy They ~eel they would be putting the property to the best and proper use. A neighborhood center generates employment and increases the tax base to the City. Chairman Kelly thanked him for the presentation. Mrs. Huckle referred to the property to the east which he stated would remain vacant and questioned if he had any in- tentions of dedicating this to the City for a park? Mr. Michael replied that they were mainly concerned with the traffic. S.W. 23rd Avenue will be a four lane highway. They will designate it as ~buffe~ zone and if the property owners along there don't have any objections to a Dark, they will donate the property for a park. Mrs. Huckle questioned what type of stores were planned and ~M. ~chael explained. M~s. Huckle referred to the C-2 zoning and the specification that there must not be more than ten units per building. ~. ~chael informed her that it is broken up and they would never see te~ units to a building. .There are arcades, alk-tnrus, etc. The building would just have a common roof. Mr. Barrett informed him that a common roof made it one building. ~m. MiChael replied that they would separate them then and the most shops joined together would be eight. Mrs. Castello questioned the size of the area he developed there and 1~. Michael informed her that they had 335 lots, about 110 acres and built 200 houses. ~s.. Castello asked if any land had been dedicated to the City a~d Mr. Michael replied: none, it was a subdividion platted in 1960 and re- corded. The original developer should have made any dona- tions to the City the~. They did donate a lift station. They have sold houses :to people here and have obligations to them, but want the people to tmow that they are planning to donate the land to the City for a park. There are four MINUTES PL.~hVNING & ZONING BOARD PAGE THIRTEEN ~RCH 15, 1975 lots, 235 feet on 23rd Avenue, roughly an acre. Mr. Rossi questioned if he aligned the streets off his development with the streets of Leisureville and M~. Michael replied:~!~No, the streets were already in. Chairman Kelly then asked if anyone present desired to speak about this area. ~. Louis Labrador stated his name and his address as 1331 S. W. 25th Avenue. He stated that Mr. ~chael was speaking in an affirmative manner as if the Planning & Zoning Board already had rezoned this corner. Chairman Kelly advised him that it was a tentative proposal. Mr. Labrador stated then as it stands now, the lot is still R-1AA. He then referred to the City giving Mr. Michael a road between 23rd and 24th which was abandoned and Mr. Bushnell informed him that the abandonment was complete. Mr. Labrador questioned if he could do anything he wanted with it and Chairman Kelly re- plied: yes. He stated that he objected to any commercial buildings across the canal. He questioned if he was not located within 300 fe~t, if he could object further? Mr. Barrett advised him that this would not apply to this parti- cular property, but only applied for rezoning. This is a proposed zoning which he is submitting, Mr. Labrador re- plied that this clarified it. He then asked why the City deemed they wanted to rezone this area and Mr. Barrett in- formed him it was the result of a compatible study of the area. C-2 areas are for neighborhood shopping centers. ~o Labrador pointed out that at the public hearing, the only proposed area was the bamk area and now he proposed that it be enlarged. Mr. Barrett informed him that the purpose~? of a public hearing is for people to present their plans, so they can see what they want to do. This means that if you had a lot on 23rd Avenue and wished it commercial and we zoned it otherwise to a zone you didn't agree to, you were offered the chance to offer co~nents, suggestions, etc. M~. ~chael is only proposing now to extend the proposed area of C-2. ,~k~. Labrador referred back to February when this was the only area in question and now the Board iS going to consider the other part. Mr. Barrett informed him that Milner Corporation was requesting at this time that they con- sider expanding the area. This is the first they have seen this proposal. They have proposed the corner for C-2. Mr. Labrador referred back to his original question~and the Plar~uing & Zoning Board proposiing C-2 for just 600 feet and now at this workshop meeting ilf they were going to consider new requests? Mrs. Huckle replied that they would consider all of it now. Mr. Labrador stated that he did not agree with commercial buildings in this area. They have enough traffic now. They want to add 120 employees, which will give extra traffic during the rush hours plus all the shoppers. No matter how you look at it, you are not going to have the same traffic with residential homes. Mrs. MINUTES .~ANNING & ZONING BO~RD PAGE FOURTEEN M~CH 15, 1975 Castello questioned if he was against the first 600 feet being proposed C-2 and ~r. Labrador replied: yes. Castello asked what he would recommend on that corner with the traffic and Mr. Labradorreplied that he was only a 2ax- payer and wanted to go on record as opposing commercial build- ings opposite his home. Mms. Huckle questioned if he just opposed, but didn't have any suggestions and M~. Labrador replied that he didn't thimk they would ask a novice like him. Chairma~Kelly euestioned if he wanted to keep the 600 ft. area in a residential zone and M~. Labrador replied: yes, the whole area. ~Ms. Castello questioned if he thought this was suitable a~d ~M. Labrador replied that he didn't see any opposition. The same amo~mnt of traffic can be han- dled o~ 23rd Avenue as on ~ These other homes will ~e practically o~ Congress. Huckle asked if he thought a~one would want to build a hom~ on that corner and ~M. Labrador replied that he w~n't a builder and couldn't ans- wer that question. Chairman Kelly asked him if a developer put a single family residence on that corner if he would buy it and ~. Labrador replied that he has a family and didn't think he would want it there. Other homes would abut on the main avenue also. M~. Rossi questioned if he ob- jected to commercial buildings to the rearof his lot and M~. Labrador replied: yes. He added that he was opposed to any commercial area on the total site. He informed him that he has to look at the back of homes now and didn't want to look at the back of stores on the other side. With allowing commercial building, a cancer starts and when it starts, it spreads. ~s. Eathleen Kirton stated her name and her address as 2526 S. W. 13th Court. First she stated that she understood that this was not a public hearing and didn't know why everyone was talking. She referred to the map and it being advertised to the public as just the little section on the corner for C-2 and now the request is for coming all the way down. She stated they do have a traffic problem there and she does think 23rd will be four laned soon. From Seacrest Boulevard all the way to l~litary Trail are beautiful homes. She feels that it is residential along 23rd. She recalls that Ordi- nance 69-16 controls all of the land along 23rd Avenue on the north side of the street. The City required Leisure- ville to put in larger homes to conform with Golfview Harbor and they also put in beautiful entrances. She has been wanting such entrances in Golfview Harbor and they were promised this when they purchased their homes. She does not see any reason why their section cannot be developed like Leisureville. She wanted to buy another lot and feels it is an ideal place along the canal for a home. How many cities have canals they can build along and make a little Venice? She would like to see it remain as a residential MINUTES PLANNING & ZONING BOARD P~GE FIFTEEN MARCH 15, 1 975 area. These isolated commercial areas are hazardous in the City. If 23rd Avenue does become four lanes in the future, it will be different. 15th Avenue might be four laned be- cause it is an access route for 1-95. Quail Ridge, Country Club of Florida, Delray Dunes, Leisureville, and Golfview Harbor ar~ all residential here and wh~ do we need commer- cial? She thinks Mr. Michael is a good builder and k~ows it would be an attractive area, but she thinks he should be con- tent with building residential properties. She personally feels this is out of order today in view of the fact that the Board did have an advertising for just that little corner. Chairman Kelly announced that first of all, this is a work- shop meeting which, he stated upon opening, but everyone will be afforded the chance to speak. He doesn't think this is out of order. We are now getting comments for consideration of this parcel. Mr. Rossi stated he thought Mrs. Kirton made reference to the public hearings, but now wanted to know if they were just going to go ahead and shift lines. There will be more public hearings on any altered lines. Mrs. Huckle added that ~t the public hearings, Chairman Kelly invited everyone to attend the workshop meetings to get clarified meanings. Mrs. Klrton stated that she has a lot of compas- sion for the people on the Zoning Board, but did want to refer to Ordinance 63-16 and that is in the process of being developed. It seems ridiculous to her to change this after ma~ng this requirement. ~s. Huckle asked how she thought this corner should be developed and ~s. Kirton replied that she would like to see some land made available for a recrea- tion area. There has been a lot of discussion about land south of there, but she doesn,t know how that is going to be developed. She also really thinks it would be nice to have homes along the camal. Ehe thinks when it was started, it was the intent to have homes along the waterway and she would not like to see parking lots along there. Mr. ~i~ 0'Meara stated his name and that he resided in Golf- view Harbor. He stated first that the nicest thing that he heard today was that both the two previous people had such wonderful interest to come o~er here and express themselves. They have had many meetings at the clubhouse and many people don,t attend. He sees this area a little different and wants to know what to do with a corner like this and feels Mr. Michael's proposal is ideal for such a corner. He agreed that Leisureville will have an excellent exit across the street. He referred to the bus coming through their area and how young people with children objected. He watches the area being developed and listens to friends and neighbors and they do have differences of opinion. When he saw this pro- posal for the first time, he thought that he is trying to sell property that will be advantageous to young people today MINUTES PL~&~ING & ZONING BOARD P~&GE SIXTEEN MARCH t5, 1975 and will create jobso With the high costs of today, young people would not be able to afford homes if they were built on this land. ~The economy of today must be kept in mind. Village of Golf, Delray Dunes and Quail Ridge are all using Delray addresses and s. re just using our roads. They are not Boynton Beach. When you look at the overall development, this proposal looks good. If he sells it and doesn't develop it, what would they ha~e then? It was pointed out what was to be built in the surrounding area. It was also brought out at another meeting how they don't want a=other Okeecho- bee Road. Everyone seems to say Mr. ~cha~l builds a wonder- ful home and is a fine builder. He is pleased with his home after experience with other builders. We must consider what we can do with this area. He then referred to Mr. Michael giving the buffer land to the people for a park ther. eo We are limited to recreational facilities in that area. The area 9f the new school should lend itself to hel~ing the overall picture of Boynto~ Beach. We must come ~ack to the basic of what is best for the whole lot of us. He ended by stating he was speaking for himself and thought it would be worthwhile if it was proposed and accepted. Mr. Michael again appeared before the Board and stated that as they all know, they don't plan just forl/today, but for the future. This was originally subdivided 15 years ago and that is why part of it is antiquated. We all know Congress Avenue is going to be four lanes and eventually six lanes and you will be able to travel from Boca Rat~n to Riviera Beach. 23rd Avenue will be four laued from Congress to Milits~y Trail. 'We have talked to the people in our subdivision and h~ave asked them to come to our office to view this proposal. So far, 9~ have liked it and approved it. Mr. Stanton Packard stated his name and his address as I311 S. W. 25th Avenue. He stated he was categorically for Mr. Michael putting in what he proposes because he has owned several homes in his life and he feels Mr. Michael is one of the best builders. He is also looking out for the rest of the people in the village as well as the City. He has a~ways gone through with what he has proposed. 90% of his neighbors along the canal are in favor o£ this. M~. Louis Labrador appeared before the Board again and stated that it always pleased him when these people come up to the microphone and talk for everyone in the neighborhood. He lives two doors away from Mr. Packard and he didn't talk to him. He objects to his statement of 90% of 2he neighbors agreeing. ~. Bob Largent stated his name and his address as 1350 S. W. 23rd Avenue. He stated that they do have a City master plan MINUTES P~ANT~ING & ZONING BOARD PAGE SEVEN~N ~RCH 15, 1975 and it was recommended that this corner be used for a neigh- borhood center. It will be a neighborhood center for the people in Golfview Harbor. When he was the City Planner for the City, the problem came up about this shopping area. He was of the opinion as a planner for that neighborhood that there should 'be an area for neighborhood shopping. If the people in Golfview Harbor cannot buy small convenience goods near and about Golfview Harbor, they are going to have to drive 4 to 6 miles away just for a small purchase. In this convenience center, there will be small stores for people to make purchases in Golfview Harbor without having to drive so far. Mr. Michael is 7-11's and stores like that and also gas stations, should be a beautiful area. The decor will be very beautiful and it will be a pleasant place 2o ~isit. This presentation is only a beginming. Mr. ~ohn Clark stated his name and his address as 1330 S. W. 26th Avenue. He advised that the first he was aware of this was yesterday when someone from ~.M. Michael's office called to ask them to come to his office and see his designs. He feels he has gone out of his way to make the residents aware of this. He would not build a home along these streets. He has four children and would not do it. He feels this should be commercial. He is quite satisfied with his home and knows Mr. Michael will keep his word and make a beautiful center. He looked from Titusville to Hollywood for a home and settled here in beautiful Boynton Beach. Mrs. Stephanies stated her nm~e and her address as 1351S. W. 25th Way. She stated if it was the case of rezoning this property, she is completely for this development ~. Michael has presented. She feels if he is going to build something, it will be in accordance with her home. She proposed that they first see what the whole area has to say about this property, but she wouldn't want a home there. Not even a park would be good there with so much traffic. She is for this shopping center. Mr. Tony Malotke stated his name and his address as 1380 S. W. 2~th Avenue. He stated he just wished he could have the home ~. Labrador has on that end. His home is located on the other end of the street, across the street from what is zoned M-1. Some day he may have to look at a factory. He just wishes he would have such a nice neighborhood shop- ping center across the canal from him. He would like to see a lot more property in the area that is loose be zoned part of the City of Boynton Beach. There are places to have and to not have residential homes. He is in favor of this shop- ping center and feels it would be best to rezone the remain- ing as requested. MINUTES i~ANNING & ZONING BOARD PAGE EIGHTEEN M~RCH 15, 1975 ~Ms. Huckle questioned if they proposed the Original proposal, what could be envisioned of a smaller nature on this piece? Could they still have the bank with less s~ores? Mr. ~chael replied that it would be almost impossible, as the bank is going to take four acres. ¥~So Huckle stated they should not consider what the bank is or is not going to do until they establish the zoning. Mr. Michael replied that the bank would still tak~ the four acres on the corner and there would only be one acre left. Something has to be done with the balance of the land. To put it to the best and proper use, they must consider it as a whole piece; it is a recorded tract. The City and County requested abandonment of certain roads as they couldn't have roads empty~ onto Congress so close to the traffic light. Mrs. Huckle ad if what he was saying was that unless he gets the piece, he would not be able to develop anything besides the bank and Mr. Michael agreed. He added that they would just hav~ to come back to the Plan- ning & Zoning Board and the balance to be rezoned. Their plan will not be They have gone through a series of plans to reach this plan. Iff they have to do it by piece, meal, it would be an inconvenience after they have held this land and paid taxes ,and interest an~ they would like to put it to use. Mr. Walker questioned how close the banl~ was to being a reality? Mr. Michael informed him that their charter wasn't cancelled, but revoked. They have been placed back in good standing. The bank will be put up. l~s. Huckle requested that he point out where the C-2 area ends and Mr. Michael did. Mrs. Kirton appeared before the Board and asked about the 25th Avenue entrance. She asked what he planned to do there by stating it was to be a boulevard entrance? Mr. Michael informed her that a ~oulevard would be cons2ructed when they started this. They have had requests from people and will talk about closing 25th Avenue and routing through 25th Place. They hope all this will be under construction within 60 days. 25th Avenue will be closed. S. W. 25th Place and S. W. 27th Avenue will be boulevards. A wall will be built and lit with lanterns and it will be a divided road with trees. At this time, 3:10 P. M., Chairman Kelly declared a five minute recess. He called the meeting back to order at 3:20 Chairman Kelly annomnced they had heard the pros and cons from the people of Golfview Harbor. They will take every- ones' statement into consideration. After a short discus- sion, it was decided to study this area further and discuss it at the next wor~hop meeting on April 5. MINU'i~$ iaL.~ING & ZONING BOARD PAGE NINETEEN ~RCH 15, 1 975 ~. Julian Patrick stated his name and his address as 2585 S. W. loth Street. He informed the Board that he would l~e to speak about three different areas. First, he referred to a piece of property he owns located on 15th Avenue and S. E. 1st Street on which the zoning is being considered for a change to C-1. He now has a warehouse usage under the pre- sent classification of C-2. He would like this classifica- tion retained. The property i~ediately to the west is also a warehouse and would like it retained. He sees why they want C-1 on 15th, but he is already in an existing situation. In the proposed C-1, he would be non-conforming and every time he gets a new tenant, they would have to apply. He would like to have this considered. Possibly it could be included in the adjacent M-1 zone. Also, he plans to buil~ additional units in the back which will front on S. E. 1st. !~. Barrett informed him that 15th Ave. was due for widen- ing. He believes they to take a portion of his building and this would building non-conforming. Also, he does not have adequate parking and this would fur- ther reduce his parking. He just wanted him to consider what is going to happen to that area. M~. Patrick replied that he does have room for parking and does have space in the back. ~. Barrett informed him that he could still con- tinue with a warehouse in a non-confor~ng situation. He doesn,~ think he will have the area for additional parking after the road is widened. Mr. Patrick replied that he does have parking area in the back. If they take some off of the building, the parking requirements might be reduced because the area of the building will be less. ~. Barrett informed him that they would be contacting him soo~ to acquire his property for the road. Mr. Patrick continued that he felt the M-1 should jump across on that corner. After the widen- ing, his frontage will be on 1st Street. Mr. Barrett informed him that they would just take a pOrtion of his building. The fact would remain though that he would still be up on the side setbacks and the building would be non-conforming. Mr. Patrick stated that to change him into a C-1 classification was destructive and with M-1 being contiguous, that is what he would like. ~. Rossi pointed out that C-1 in that area would also put the Gulf Gas Station at the corner into non- conforming use. Mr. Patrick then continued with his second item and stated he was the owner of Boynton Academy - ~ Little's School located at 100 N. W. 19th Avenue, off of Seacrest Boulevard. He then referred to the regulations stating where nurse~ schools can be constructed. Under the present regulation, they are allowed under R-2 and with Council approval under R-1. Under the new regulations, they are permitted in R-lA and that is Jumping two c~assifications. He thinks it is MINU~S P%ANNING & ZONING EO~A.RD PAGE TWENTY ~RCH 15, 1 975 important to understand that this is a business. There are four centers such as this in the City. In addition, the public child care center is operated. In addition, there are two or three churches operating child care centers. Churches are operating child care centers as a com~.aercial business. They are not teaching them religion when they are six months to five years old. A State law was introduced and for the first time, they are going to have statewide regulation of child care centers. In Palm Beach County, it has been regulated by a board and that board designated the County Health Department to be the inspection agency for the Board. When this !aw becomes effective on July 1 this year, Palm Beach County won't have jurisdiction over day care cen- ters unless Palm Beach County decides they wa~t to and if so, they must pass a set of laws equal or stronger than State law. With the State law, another classification is set up which is a family day care home. Mr. Barrett informed him that in the proposed regulations~ they make no re- quirements for family day :homes. They have eliminated the child care in family day care center homes. They have not allowed them. ~. Patrick ,stated they did not prohibit them either. Mr. Barrett advised him that the Board has talked about this and they are going to consider changing the regulation. They first put it in the R-lA zone, as these are the working families t~at need such a facility in their neighborhood. They do plan to change part of the wording in this. Mr. Patrick stated he did talk to him per- sonally, but thought they should be aware of what is happen- ing in this area. Chairman Kelly added that when they toured the City last week, M~. Barrett pointed this out. Mr. Patrick stated if the ordinance is written now,'they are allow- ing child care facilities and State law defines what they are. Mr. Barrett stated they were proposing to change the wording in the regulations per his suggestions. ~k'. Patrick asked if they were taking it out of ~-IA and M~. Barrett replied: no, the Board feels they should be located in R-lA areas. They are going to change the regulations to allow a facility like his in the R-IA area. Mr. Patrick stated he objected to this, as they are in a commercial business. What they are doing is opening up the entire City to place these cen- ters in without having them be on equs~ econo~mical conditions. ~*~. Barrett referred to when he built his center and his men- tion of being able to change the building into a duplex. ~. Patrick agreed, stating he did so in case he gets driven out of business. Mr. Barrett informed him that if there is a de- mand for child care centers, they want the area open. Child care centers should be in the area where wor~ing class people live. We don't want to put youag children in commercial areas. ~. Patrick stated he wanted it held to the R-2 area. The other three centers are in R-2 areas. ~. Barrett informed him that the Board would consider his request. MINUTES PLANNING & ZONING BOARD P.~GE ~$ENTY- ~E F~RCH 15, 1 975 They will eliminate the family day care center by wordage in the regulations. ~r. Patrick gave an example of another county where this was allowed and what happened. He stated they were trying to stop this thing from happening here in Palm Beach County. He stressed again that the way it is worded, they would be~tting them in. Mr. Barrett assured him that it was noted and would be changed. M~. Patrick re- quested again that they lout child care facilities back where they were. Why s~e you broadening it? ~. Barrett replied that they would reconsider it. Chai,rman Kelly said he thought he made his point and Mr. Rossi suggested going into more de- tail with this at a later date. Mr. Patrick stated he would like to be notified when this meeting would take place. M~. Barrett informed him that the next work~hop meeting would be held on April 5. He didn't know when they would get to this particular point, if he does appear at the meeting, they ~ill take it up at that meeting. M~. Patrick then referred to the possibility of eliminating multi-family dwellings from the C-1 classificatioh. He stated he objected and would like to retain C-1 in Rolling Green Ridge, so they could build multi-family homes there. If the C-1 classification is changed, they are going to be in trouble. They plan to build multi-family dwellings in the back and stores in front. ~. Barrett suggested leaving it as zoned until a plan was presented. M~s. Huckle questioned if any- thing was on this parcel and Mr. Patrick informed her that on the front was his school building, a 7-11, gas station, and Bob Field's construction office. M~'. Barrett suggested again that he should present a plan. Mr. Patrick ended by saying they would like to retain the right to develop it commercially as well as multi-family. Mr. Rossi then summarized that they pretty much covered the area concerning the C-1 vicinity near the hospital, left open ~. Michael's request for further consideration and are also going to give further consideration to Mr. Patrick's request of M-! for his warehouses. ~. Barrett added that they must also consider R-2 zoning by the railroad by the OP area. Y~. Rossi asked if they could have the aerial map marked showing which were duplexes in this area and M~. Barrett replied that he could tell them just 'what was there. It has been developed during the last 15 years as R-2. Mr. Rossi asked just what areas they had left to discuss? Mr. Barrett replied that they had to discuss S. W. 15th Avenue, ~. Michael's piece, and four isolated parcels in the R-2, R-3 and R-lA sections in the center of town, which he thinks can be solved rather easily. Altogether, they need another half day without in- terruptions to resolve all of these. He will also have some input from Congressman Paul Rogers concerning S. W. 15th Ave. for the next meeting. M~s. Huckle made a motion to adjourn, seconded by Col. Tramger. Motion carried 6-0 and the meeting was properly adjourned at 4:00 P. M.