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Minutes 03-01-75MINUTES OF THE ~ORt~HOP MF~TING OF THE PLANNING & ZONING BOARD HELD ~T CITY HALL, BOYNTON BEACH, FLORIRA, SATURDAY, ~RCH 1, 1975 AT 9:00 A. M. PRESENT Joseph T. Kelly, Chairman Col. Walter M. Tra~er (Arrived 10:20) Mrs. M~rilyn Huckle John Rogers Mrs. Vicky Castello Enrico Rossi Oris Walker (Arrived I :30) Jack Barrett, Building Official Warren Bushnell, Deputy Bldg. Official Chairman Kelly called the meeting to order at 9:52 A. M. and welcomed the gentlemen present and introduced the members of the Board, Mr.. Barrett, Mr. Bushnell a~d Mrs. Kruse. He nounced they had Been delayed in calling the meeting to order due to the fact that this morning one of the members came in with. a marked map showing the areas of the City as a result of the meetings they have had aud they made copies. He stated this would be a workshop meeting intended to consider all the requests made at the two public hearings. They will afford a short period of time to anyone in the audience wishing to make additions or amendments to their statements. However, they must limit the time in order to get ~_~ything done. Mr. Bill Elam appeared before the Board and referred to the change of the proposed zoning along 23rd Avenue between the railroad tracks west to Seacrest, which is proposed R-lA. Mr. Barrett clarified that this was coded as No. 52 on the map. Mr. Elam continued that his main objection was to stress the importance of the f'act that S. W. 23rd is desig- nated by the new co~e as being a major thoroughfare and ia his opinion this would be very restrictive and confiscatory to the value of the peoples' hemes along that street if traffic becomes unbearable and eventually it will. They will have to take a lower price for their homes, because people will not buy homes on a major thoroughfare. His opinion is in an article in the February 23 edition of Palm Beach Post Times, which says it all stating the residents wamt the access road rerouted. These are residents of Chapel Hill which are now getting the traffic 23rd Avenue will. He would recommend a C-1 professional area along that little strip to go with the zoning on both sides and which would give relief to people owning homes there. He owns a lot there and sell it, If it is He gave the traffic was pointed out tioned the existi it was R-1. Mr. ~e is no way he could build a house and .e do not want to buy on a thoroughfare. it will be a slow transitional period. article to Mr. Barrett to show how ~d through a residential area. He also on old map. Mrs. Huckle ques- aan KeIly informed her out that the homes south are MINUTES PLANNING & ZONING BOARD .PAGE TWO ~*~CH 1, 1975 zoned R-1A~&. It would be a benefit to those people to have offices behind them, rather than low class houses or low class rentals. Businesses would close· at 5:00 and would not give them 24 hour neighbors. Mr. Barrett stated he would like to correct that in the newspaper article, it referred to S. W. 6th Street. The City and ~.O.T. met and D.O.T. stated they were not going to change it. This article is not referr- ing to 23rd Ave., but to 6th Street. Mr. Elam stated he just presented this as a parallel example and thought they were talking about 23rd Avenue. Mr. Barrett advised him that they would take this into consideration, but they must only con- sider it after it is developed as a major thoroughfare and it is signated as a major thoroughfare now. They mmst ~tion only as problems occur. Mr. Rossi referred to 23rd smd stated he didn,t think there was anything in the two lanes. There is only a~ 80' Kelly pointed out that the uti were set both sides of the read, which may indicate they will widen it. Mr. Elam stated he Would not for several years Just waiting for it to be him. Mr. Juliam Patrick appeared before the Board and referred to the area adjacent to the E4 canal on the west and $. W. 15th Avenue, off the approach ramp to the interchange. There is a strip oflland that is zoned R-1AA PUD. It is too narrow a strip of land to do a~ything in R-1AA. He requested that the be turned to the west at the north end of the pro run down to 15th. Mr. Barrett agreed with Mr. Patrick and stated this would be the logical thing to extend that zoning along the E4 ca~al. He thins it was obviously an error. Mr. Patrick then referred to the north end in the Rolling Green Ridge Addition and pointed out that this area was 85% to 90% developed. He mentioned previously that these were F.H.A. approved lots with deed restrictions. Some lots were R-1 and some R-2. Ne thinks this should remain the same instead of changing all to R-2. Even though the City does not recogaize deed restrictions, they are a fact and it would be misrepresenting a~yon$ that buys property in there. They would like to retain that R-2 transitional zoning and also want R-2 around the sewerage plant. Mr. Barrett pointed out that only the Seacrest addition has been zoned R-2. He ques- tioned if he wanted R-2 along the C-I zoning and the other changed to R-l? Mr. Patrick replied that even though it was zoned R-2 previously, the~ are all single family homes and have deed restrictions. Ne wants R-2 around the sewerage plant, so it can apply as transitional zoning. ~. Barrett stated that there are areas there which even though zoned R-lA are not really desirable, because the property owners MINUTES PLANNING & ZONING BOARD PAGE THREE MARCH 1, 1975 have let them deteriorate. The City- is not concerned with deed restrictions. The old R-2 and the new R-2 are not the same. In a low class residential area, it is~good to allow duplexes. Usmally the owner resides in one side and keeps it nice. The fact that it is restricted to just duplexes makes it probabl~' that aa investor won't come in and buy all these properties. Mr. Patrick replied that he did not see an advantage in downgrading an area which has a higher classi- fication that is 90% developed. Mr. Barrett informed him that for the amount of lots left, a combination of duplexes them up. As a duplex, Mr. Patrick informed him that if he was living in a single family home in that area, he would not like it. Mr. Patrick stated he would also like to discuss the~zoning regulations as written. Mr. Barrett advised him that they would have another meeting to discuss them and would advise ~m of the date. Mr. Patrick stated he would be out of town on March 15 and questioned if he could meet with Mr. Kelly another time to briefly discuss it with him. Chairman Kelly agreed. Mr. Patrick then referred to a PUD zoning in the north end of the City and questioned if plans had been filed for this zoning? Mr. Barrett replied: yes, they had been applied for. Ps. Patrick advised that they would like the same thing on the area immediately south which is zoned R-IAAA for a hold- ing area. ~. Patrick stated that he did not want R-1AAA to preclude a PUD. Mr. Barrett advised him that it wouldn't and that an ordinance is created for each PUD. Mrs. Huckle ques- tioned if it should be designated on the proposed map as a PUD, even though it is not existing? Mr. Barrett informed her that it has been requested with the annexation applica- tion. If they change, they must go back to the highest type of zoning and must re-apply~. ChairmamKelly stated that this Board spent many hours studying the proposed PUD ordi- nances existing in ether cities and the one we proposed. He suggested that Mr. Patrick get a copy of the City PUD ordi- namce. Mr. Patrick referred to Mr. Barrett's reference of accepting property into the City and stated they have a pro- blem with the Rolling Green Ridge School property which is zoned R-1AA and when that was brought into the City, it was agreed it would be commercial. Mr. Barrett advised that the City Attorney stated that the City could mot Be bound by legal opinions. Mr. Patrick remarked that this could be a source of conflict later on. ~. ROssi again referred to the PUD shown and ~ ioned if it was im the City limits? Mr. Rogers stated as of today, it is not part of the City until annexation is final and Mr. Barrett informed them that final reading would ben, at the mext City Council ~NUTES ~A~NING & ZONING BOARD PAGE FOUR MARCH 1, 1975 meeting. Mr. Rossi stated that he understood that under a PD~, after it is an exed mt becomes a PUD and therefore, mt is ~ll tentative now. Mr. Barrett informed him that when it comes into the City, it will have the PUD zoning. The south portion is in the City; but when this becomes final, all will be a PUD with the development pla~s. Mrs. Huckle ques- tioned if they should have a R 1AAA holding zoning mntii the PUD was finalized and Mr. Barrett advised her they could legally do it this way. Mr. Patrick stated if they could do it this way, they wanted PUD now. Mr. Barrett advised him that his is a holding area because they have no appli- cation for a PUD and do have applications for the other areas. You is basically a holding area. If it is not with your development, you may apply for rezoning. We are granting a PUD to the others providing they comply with the ordinance, feels the PUD should be zoned as R-1AAA Mr. Barrett informed Mr. Patrick ha~ not applied for a PUD, so we his land as a PUD. Mr. Carl Zimmerman appeared before the Board and questioned why the Leisureville area was designated for the most part as R-!AA and has the PUD im paranthesis undermeath? Mr. Barrett informed him that the ordinance was created and in the PUD for single family still a PUD regard- less of the zone applied. Chairman Kelly recommended that Mr. Zimmerman read the PUD ordinance. Mr. Zimmerman then referred to some changes in Section 10 being R-1AA instead of RT3 a~Mr. Barrett advised him that this was correct. Mr. Zimmerman then referred to the R-3 parcel that is by PM! presently. They have appeared at one of the me~ and asked for a rezoming to commer- cial. ~. Barrett informed him that they hadn't gotten to g nsidering any requests yet. Mr. Zimmerman continued that hey would like to see this parcel remain R-3 as proposed. Chairman Kelly i~formed him that they ha~e maps marked so they can cover the points cussed at the two meetings. Mr. Zimmerman stated that was brought up, but it is not marked it is not red a~d Mr. Barrett poiz that it was No. 10 on the map. Mr. Zimmerman stated they would like notification in case the Board does c~ this from what is proposed. Mr. Barretit~advised would be another public hearing by this Board after are made. Mr. Zimmerman then referred to the C-4 zoning in the area wast of Congress. He stated they would like to see a large type shopping center as planned, but which has not started MINUTES PLANNING & ZONING BOARD PAGE FIVE ~RCH 1, 1975 and they are now afraid they will get a conglomeration of everything. Mr. Rossi stated that he evidently fomnd sev- eral things objectionable' under the C-4 zoning and this would be discussed at another meeting. Pk. Barrett agreed and stated this would be considered when they discussed the zoning ordinance. Mr. Zimmerma~ continmed that they did not want the type of commercial zoning in there with noise, pollution, traffic congestion, etc. He also pointed out the ~ice lakes and waterways im their golf course and stated if there were certain types of low commercial construction here, the sarf&ce drainage would pollute their water. ~. Barrett stating that restrictions are enforced. Mr. Rossi about a ago, a water quality act was passed and some ~olding must be provided before the water is released. Mr. Z~merman disagreed stating they would still get some chemic~s in their water.. Mr. Barrett advised him that this was no longer ~rmiSsable. Mr. Zimmerma~ replied that they have it now and womld get more. Mr. Barrett in- formed him that it was not permissable to do it the same way. Mr. Simon Ryder appeared before the Board and also referred to this C-4 area and stated this was the end of the line. It is a catch-all an~ who knows what in the future. He ~oesn,t think it is important at this time to say what acti- vities are permitted under C-4. It still states it is sub- ject to further inclasion. It downgrades what we have there nOW. Chairman Kelly ascertained that nobody else desired to speak and requested ~. Barrett to proceed with the discussion of the requests from the public hearings. Fm. Barrett stated he wouid like to take the requests as they occur from north to south on the map. No. 8 on Map - Request of ~. Paul Wesson. The members read Mr. Wesson's comments from the minutes of the public hearing and discussed his request. They decided to extend the present R-2 zoming line west to include the Storybook School and one let beyond. No. 13 on Map - Request of Mr. Eric Swanson. The members read M~. SWanson,s comments from the minutes of the public hearing and discussed his request. Mr. Barrett added that he also talked to the residents in this area and they have no objec- tion to the front portion being C-3. He thinks they could arbitrarily go and change it to R-1AA withomt any contro- versy. The members also noted that a petition had been re- ceived on this dated January 25 and signed by 24 residents of this area. They also discussed the non-conformance o2. the trailer park in this area. After farther discussion, it was decided to change this area indicated in red to R-1AA, the whole area blocked in all the way to the City limits$~ The parcel south, which is white, should be R-3. MINUTES FLAN~NING & ZONING BO~D PAGE SIX I~RCH 1, 1975 Chairman Kelly declared a five minute recess at 11:22 A. M. At 11:27 A. M.,the meeting was called Back to order. No. 9 on Map - Request of Mr. Ralph Kell~y. The members read Mr. Kelley's comments from the minutes of the public hearing and realized that he didn't have any objections to the zoning as applied, but objected to the zoning ordinance with regard to the front footage requirements. They decided to mark the map that this would be considered when the ordi- nance was reviewed. No. 19 on Map - Request of Mr. Thomas Boffey. The members read Mr. Boffey's comments from the minutes of the public hearing and Mr. Barrett pointed out that he only objected because he did not understand the difference between C-3 and C-4. Mr. Barrett stated he thinks he wants to expand C-4 all the way to the highway. The Board told him he could use the front portion as C-3, which is contiguous to that area. He suggested leaving it as is with C-3 in the front Chairman Kelly questioned if he had Mr. Barrett after the meeting, as he suggested~ Mr. Barrett replied that he had. After discus- sion, the members agreed to make no change, No. 3 on Map - Request of ~M. K. Granger representing Four Seasons. The members read Mr. Granger's comments from the minutes of the public hearing and Mr. Barrett suggested that since they owned this property and it was included in the original development, they should change these designated lines to include R-3. The members discussed this and looked at the area on the aerial map. They then agreed with Mr. Barrett. No. 16 on. Map - Request of Mr. Eugene Harris. The members read Mr. Narris' comments from the minutes of the public hearing and Mr.~Barrett point out that there was no action required on this. The lot area is insufficient for building a duplex. No. 15 on Map - Request of ~M. Julian Patrick. The members read Mr. Patrick's comments from the minutes of the public hearing and looked at the area on the aerial map. After dis- cussion, they decided th~cruise this area o~ their bus trip next Saturday and consider it further then. Chairman Kelly called for adjournment of the meeting at 11:59 A. M. for lunch. Mr. Barrett invited the members to be his guests for lunch.. The meeting was called back to order at 1:30 P. M. MINUTES PLANNING & ZONING BOARD PAGE SEVEN MARCH l, 1975 No. 11 on Map - Request of Mrs. John Balker. Mr. Barrett pointed out that Nos. 6 and 20 also referred to this area. He added that Nos. 6 amd 20 were propoments of the zoning change amd No. 11 was an opponent of the zomi~g cha~ge. The members read the comments from the public hearing min- utes. Mr. Barrett added that they also have a petition from the residents of Lake Addition stating they do mot want t~s rezoned as R-3, signed by 43 individuals and 27 families. After a lengthy discussion of the size of the lots, b~lding ~f sea walls, d~sirability of multi-family or single family homes, etc. and consulting the aerial map, each member gave their viewpoint. It was decided to table this matter for further comeideration in view of the differ- ence of opinion from the members. Mr. Barrett added t~at he would determine when the ordinance was passed zoning this pro check to see if a public hearimg was held and! if were present, etc. No. 5 on Map - Request of Mr. Stephen Kochakien. The members read Mr. Eoch~kiem,s comments frOm the minutes of the public hearing. Mr. Barrett suggested taking the horizontal line along 2nd Avenue and coming over one lot, just east of the to the top at 6th Avenue, to adjoin the other C-4 line. The members dis the difference between C-3 and C-4 zoning and de, they Would have to rewrite some of the code with reference to their defimitions. After discussion, the members agreed to Mr. Barrett,s suggestion amd also to rewrite the C-4 classification. No. 17 on Map - Request of Miss Heather Williamson. The mem- bers read Miss Williamsom,s comments from the minutes of the public hearing and Mr. Barrett explained that she was refer- ring to the area north of Boynton Road and adjacent to the railroad. The members agreed that no change was required. No. 4 on the Map~- Request regarding the little houses behind The Town Tavern. Mr. Barrett advised that he has a deed signed by the City stating the property can be used for busi- ness. The members discussed what category of commercial would be appropriate. After discussion, the members agreed to move the C-4 zone line just to include the shaded area. Mr. Robert Burgess, Jr. appeared before the Board and referred to a letter he sent to the Board. He referred to the triangle of land zoned R-2 on Old Boynton Road, just east of the dirt Caunty road. He informed the Board that this small piece of land has always been commercial and it is so small and in such an active area,~that he would like to have it remain as commercial. It was a fair sized ~imee of property ~util New MINUTES ~ANNING & ZONING BOARD PAGE EIGHT MARCH 1, 1 975 Boynton Road was put in. F.P.L. have a right-of-way on the dirt road amd also have a tranformer station o~ the poles there. It is already commercial across the street. Mrs. Hmckle clarified that it was zoned C-1 now and they pls~uned to change it to R-3. Mr. Barrett added that he thought there were plans by a large corporation to purchase the land all the way to the point and abandoning the dirt road and they may possibly contact Mr. Burgess about p~r- chasing his property. Mr. Burgess still aske~ if his la~d could remai~ commercial? Mrs. Huckle pointed cut that 0-1 zoning was all around. She added that the new proposed C-1 offers some things that would be compatible to that area. Chairman Kelly gave the i regulations for C-1 to Mr. Burgess to read. Mrs. added that they womldn't be creat~ spot zoning, 0-1 is all around there. Mr. sugge will rezone copy of then they~ there Chairman or put it was pla~ing to have sewers. ~. ~ but to plan te the look favorable om it if was Rogers The show them somethimg that with zo~ng amd they ested that he get a it of $10.00 and some~ ~ in a C-1 zome a~d R-3. Mr. this property replied ~hat he b~t did not him that the sewers are if he plans c~mpatible · to that Mr. ~asonable for 0-1. No. 7 on Map - Request of Mr. Hamgge. The.members read Mr. Hamgg the minutes of the public hearing. ~, they agree~ not to make any change and leave it as proposed. No. 12 on Map - Request of Mi~ Alberta King. The members read ~ss King,s comments from the minutes of the public hearing amd Mr. Barrett out that the proposed zoning made her nom-conforming, not put her out of business like she thought. After discussion, the memberm decided that no change was required and to leave it as proposed. No. 14 om Map - Request of Rev. Lee. The members read Rev. Lee's comments from the minutes of the public hearing amd Mr.~Barrett pointed out that no action was required as far as changing the zoning line, bus they should review the R-3 MINUTES PLANNING & ZONiNG BOARD PAGE NINE MARCH 1, 1975 zoning ordinance. The members agreed with Mr. Barrett stat- ing they could correct ~h~$ in the zoning ordinance. Nos. 1, 21, 22 and 18 on Map - Requests of Mr. Walter Dmtch. The members read Mr- Dmtch's comm6nts from the minmtes of the public hearing. Mr. Barrett added that this was deliberate zoning, because offices and professional buildings do not create in and out traffic like a commercial area like Mr, Dmtch was requesting. It was the Bosrd's opinion at that time that this area was not suitable for that type of devel- opment, but was highly preferable for office or professional use which would not generate the traffic. We did realize that commercial use should be applied. The members looked at the area on the and gave their opinions individ- ually in a discussion, agreed to make on Nos. 1, 22 amd 21 and tc ave it as proposed. They cussed No. 18 a little f~rther and thenagreed that no action was required and te leave it as proposed. Mr. Barrett noted the time and announced they had completed the north end of the City with the exception of Nos. 2, 10 and 38. He suggested starting with these at the next meet- ing, as they will possibly require lengthy discussion. Chair- man Kelly announced that the Beard would meet on March 8 for a bus trip and then meet in workshop session in the afternoon to discmss the sites they visited. A regmlar workshop meet- ing will be held on March 15 from 9:00 to 4:00. Mr. Walker made a motiom to adjoin, seconded by Mrs. Huckle. Motion carried 7-0 and the meeting was properly adjoined at 3:57 P. M.