Loading...
Minutes 01-29-75MINUTES OF THE PUBLIC HEARING M~I~TING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, ~ORIDA, WEDNESDAY, JANUARY 29, 1975 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairman Col. Walter M. Trauger, Vice Chairman Mrs. Marilyn Huckle Oris Walker JOhn Rogers Mrs. Vic.ky Castello Enrico Rossi Jack Barrett, Building Official Mrs. Vera Lewis, Bldg. Dept. Rep. Chairman Kelly called the meeting to order at 7:35 P. M. announcing that it was a public hearing. He introduced the members of the Board and ~s. Vera Lewis representing the Building Department. He acknowledged the members of the City Council present and asked Mayor Roberts and Council members Mrs. Emily Jackson, Norman Strnad and Edward Harmen- ing to stand. He then introduced Mr. Jack Barrett, B~lding Official and Acting City Planner. Chairman Kelly then announced rules for the procedure of this meeting. He stated that each speaker would be given a reason- able amount of time to speak. If the Chair feels he is ex- tending a reasonable amount of time, he Will ask the spe~er to finish within one or two minutes. Please come to the microphone and clearly and distinctly give your name and resident address. All requests will be recorded by the secretary. No decisions will be made tonight, since the Board must have time to study these requests and when we have completed and are ready to pass our recommendations to the City Council, each person will be sent a letter advising of these recommendations.. Therefore, we need your resident's address and also a legal description or location of the prop- erty about which you are speaking. We feel the new zoming map is not a perfect document, so let's see if we can find the errors tonight. Our secretary is quite efficient and had the minutes ~from last night's meeting in our box this morning. Mr. Simon Ryder appeared before the Board stating the matter he brings before the members tonight concerns an entire com- munity amd on its behalf, he would like to read a statement. The community is Leisureville. First he expressed his per- sonal remarks includimg the fact of expressimg his admiration for the task the Board has taken. It is one in which they could not hope to satisfy everyone. He stated he knows this took a lot of time and effo~~ to prepare. He also commended Fred Kostner, the former Chairman of the Board, and Jack Barrett, who.~ also did a commendable job last night. MINU~vS PLANNING & ZONING BOARD RAGE TWO J~UARY 2 9, 1 975 Mr. Ryder read the following statement dated January 29, 1975 and submitted by Joseph F. Zack, President of the Palm Beach Leisureville Community Association, Inc. "The people of Leisureville, many of whom are here tonight, are greatly disturbed about the proposed re-zoning of the area along the westerly side of Congress Avenue between Ocean Avenue and S. W. 15th Avenue. This area, presently zoned R-2 and C-1, is proposed to be changed to new categories of C-3 and C-4, the latter being the least restrictive of all commercial categories and second only to M-l, Industrial District, in so far as the nature of activities permitted to be carried on therein. The last general zoning took place im 1962~ At that time Leisureville was a cow pasture and so was the area in question. Today Leisureville is a reality, an attractive comm~uity of 2,305 homes; the area in question still remains a cow pasture. Realistically, we would expect an upgrading of the virgin land in our immediate vicinity because of the character of the surro~ding development. 0ertainly we do not and will not countenance any attempt to downgrade the area to the extent that no~se, air pollution and traffic congestion become unbearable. Nowhere along Congress Avenue~Will you find a residemtial development simi- lar to ours facing a shopping center across the road. Should it be deemed necessary to provide additional commercial areas, it would be more appropriate to consider extending the pro- posed commercial zone on the easterly side of Congress Avenue, north of Old Boynton Road. This will eve!ntually face the proposed DeBartolo Boynton Beach Mall scheduled for 1977 and will not interfere with any existing lan~ use. In fact, it would tend to centralize such activities and ~!uimize traffic movements. Our people, as you kmow, are civic minded and many of them are actively engaged in y affairs. We now comprise about 15% of the City's population. In con- lusion, we strongly object to the proposed zoning as speci- ically stated herein or to any further downgrading. In fact, we seek to obtain the best possible upgrading above the present C-1 category, which appears to correspond to the new C-3 category and so request that our representatives be granted the opportunity to meet witkmembers of your Board to arrive at a solution which will prove to be in the gen- eral interest.,~ ¥~. Ryder again indicated the large number of people involve~ and stated he thought in all fairness in that they represent so many people here, ~. Zimmerman should also ~e heard. Chairman Kelly th~uked Mr. Ryder and requested that he give his statement to the secretary and advised that their re- quest would be given every consideration. MINUTES PLAh~ING & EONING BOARD PAGE THREE JANUARY 29, 1975 Mr. Carl Zimmerman stated his name and his address as 122 N. W. 14th Street. He complimented the Board members and planning officers. He stated they are especially pleased that they have kept high standards of zoning along 804 in the west end of the City. He informed the Board that his purpose here was to register a complaint for the people of Leisureville i~ the changing of the proposed zoning classi- fication and the way it is applied to a large parcel on the west Side of Congress Avenue. This land includes ~oout 100 acres in Township 35S, Range 45E and was acquired by Sears fora fashion type mall several years ago. However, this picture changed due to another large mall being authorized by the County officials just north of here. Can the popu- lation support two large sized malls? We don't think so. Think back to when Okeechobee Road was zimilar Just 12 to 1~ years ago. With planning, buffers, etc. and including Westward Shopping Center, what does it represent now? This is C-4 zoning gone wild. You are proposing to downgrade this area along Congress Avenue and permit another Okeecho- bee Road catastrophe. The people that bought in Leisure- ville wanted to be in an adult community. They would like to see this area across from their homes in harmony. Two other Leisureville shopping centers plan to expand, alse the area at South Congress where Lindsley Lumber is located. We are not against all types of shopping centers, as we need them to do our shopping, but C-4 is too mmch. Across from part of this area is the golf course and golf lawn condomin- iums and they are not selling too well. Do you think C-4 zoning across the street from them would help them to sell better? With your help, we can keep Palm Beach Leisureville as one of the nicest areas. Chairman Kelly thanked him and advised that the secretary recorded his remarks and they will be given consideration. Heather Williamson stated her name and that she was Vice President of the Boynton Beach - Ocean Ridge Board of Realtors, inc~, P. O. Box 1015, Boynton Beach. She informed the mem- bers that the Board asked her to submit the following letter dated January 29, 1975. "In the short period of time since the release of the proposed new zoning map, the Boynton Beach Ocean Ridge Board of Realtors after a cursory study feel that there is a possibility of gross inequities that may be created in an attempt to upgrade the City. Therefore, we request that considerable more time be spent on studies and we offer, if you wish, the expertise of members of the Boynton Beach Ocean Ridge Board of Realtors to act a~ consultants in order to have a more perfect plan when it is presented to City Council°" Chairman Kelly thanked her for this letter. MINUTES PLANNING & ZONI2~$ BOARD PAGE FOUR JANUARY 29, 1975 Dorothy' Barboni stated her name and that she lives at 173 S. E. 27th Avenue, Boynton Beach. She stated she came here tonight with a~request for a change in the proposed zoning plan. She showed pictures of the area and Chairman Kelly suggested that she keep these pictures and present them to the Board at a regular meeting and just state her request this evening. She then read'the following statement: would like my Lots 19, 20, 21, 22 and 23, Central Park, zoned C-3. There is C-3 zoning proposed for property surrounding these lots on two sides. The lots are situated on 12th Ave., S. E., and 2nd Street, $. E. Two of the lots face 12th Ave. and three lots fac~ 2nd Street. The property in question measures 100 ft. by 300 ft. The previous R-2 zoning on this property allowed multiple family; the proposed R-2 allows single family or duplex. 100 ft. of this land abuts Gulf- stream Lumber Company, zoned C-2, and is proposed to be changed to C-3. 300 ft. of this land faces the west side of 2nd Street, S. E., which is presently zoned C-2 with a pro- posed zoning of C-3. 100 ft. of this land faces the north where the property at present is zoned R-2 and has a two- story apartment building on it. The 300 feet of adjoining land on the east side is currently zoned R-2 and proposed to be rezoned as the ~ew R-2. With. the present zoning R-2, or even with the proposed R-2 zoning, we would not be able to use this land as we had planned. This is unique because of the area in which it is sJ d. After seeing the position of the property, it is obvious that the land is unsuitable for anything other than commercial use. Due to its surroundings and the proposed zoning, this property has become useless for the intention that we had when we pur- chased it under the then existing zoning and the area as it was then. The property in question should be rezoned as C-3 in order that the best usage of the land would result." Chairman Kelly thanked her and stated the secretary would record her request and it would be given consideration. ~. Henry Roberson stated his name and his mailing address as P. O. Box 1416, Boynton Beach. He referred to Lots 32 thru 39, Crestview, located on S. E. 2nd Street Just north of Alfredo,s Restaurant and with the Little General Store on one corner. This ~property was purchased one year ago and he was assured it was C-1 and now it is C-2. He had planned to put in a dental lab, ceramic shop and Ward ConstrUction. These are all high grade tenants, with nothing displayed outside. He is not aware of any residents asking for a change. If it is a desire of the Board to put in a buffer between the industrial area, they should zone Lots 33 and 34 R-3 and leave Lots 35 thru 39 zoned as they were previ- ously zoned C-1, which is now C-2. He has always taken a dim view of putting apartment houses next to a railroad, as MINUTES PLA~ING & ZONING BOARD PAGE FIVE JANUARY 2 9, 1 975 it is not very conducive to good living. He read in the Enquirer Newspaper that apartments should not be next to a railroad, as the trains wake the young people up during the night and this increases the po~ation. Chairman Kelly thanked him and added that they appreciated his humor. He advised that his request has been recorded and will be given full consideration. Ruth Bowers stated her name and her adSmess as 1813 South Federal Highway. She stated that a petition had been given to the Board in re~i~rence to this request. She then read the following statement: "~ne property owners that have signed the petition do not want our zoning changed, but want it left as it is, Old C-1, and which it has been for years. To change the zoning will hurt us very much in the value of our properties. The change would bring in more density, plus business brings in more taxes. Commercial will not use as much sewerage or water either. She bought this property 27 years ago to make a living and the other property owners did also. The change in the zoning will kill us because we will not be &ble to use our properties to the best advantage. Lastly, the property owners who have signed the petition are about 100%, which represents thousands of tax dollars." Chairman Kelly stated that her request has been recorded and will be given consideration. Mr. Judson Westg~te stated his name and his address as 1510 S. W. 2nd Street. He informed the Board that he bought this property last Spring when it was zoned R-1AA, the same as the properties all around it and now it is zoned commercial. He stated he was also concemned because this property is located across the street from the new park. If you zone it commercial, you will be creating a traffic problem close to this park which would be dangerous. He respectfully asked the Board to continue this zoning as R-1AA. Chairman Kelly advised him that his request has been recorded by the secre- tary and it will certainly be given consideratiom and he will be notified by the Board. Mr. Westgate added that his neigh. bors were present and agreed and they responded with applause. Chairman Kelly thanked them all for coming. }~. WiltiamE. LaSwell stated his name and his address as 180 High Point Boulevard. He informed the Board that he is the past president of the Board of High Point Boulevard Corpora- tion, Section 4, and was asked by the newly elected president to act as spokesman for 460 people who are generally con- cerned about one problem. This is very major to many people in High Point. He Stated he would present the problem by trying to ~dentify High Point in Boynton, but he was s~re everyone knew where it was. The real problem is a wooded area which abuts against the south edge of High Point Boule- vard. This area runs from Seacrest thru to 3rd, back south MINUTES PLA~NING & ZONING BOARD PAGE S IX JANUARY 29, 1975 to 23rd and back east again to Seacrest. This wooded area on the original plat book was zoned R-1AA amd the proposal on the present zo~aug is that it be zoned R-3, which is the same as High. Point. There is no problem in High Point, as it is fully developed and governed by agreement by their Board of Directors. Our people are afraid that under the new proposed zoning, this will ~pen up this now wooded area to the possibility of a high rise. If this should happen in this particular location, such a high rise would not neces- sarily be a very high priced one. This is the only thing that our people are fearful of that in this beautiful wooded area may come a high rise and a low priced one. Under this new zoning, there could even be a subsidized rental property and we all know what kind of people that brings. Today in our neighborhood, we can go out and walk around in ones and twos in peace without fear. The second factor that~should be considered is if this should ha' a high rise would be dropped right in the middle with around it being zoned R-1AA. He stated again that his people were genuinely concerned. He then pointed out the three ingres~ses and e- gresses to High Point. tone ~k~uows, 23rd is very con- gested and if the changes and should a high rise come in, it could add to an already badly congested pattern. He believes there are many other people in this ~area that agree with him, but are not even aware that this proposal has been made. He thanked the Board for their attention and added that more than 400 people would be very grateful for their complete and kind consideration. Chairman Kelly thanked him and assured h~ that this would be given com- plete consideration. Mr. Ralph Blank, Jr. stated his name and his address as 316 Pan American Building, West Palm Beach, and he informed the Board he was an attorney representing ~. Robert Rose, who owns the property referred to by the previous speaker. He feels their concern is exaggerated. In reference to a high rise being built under the proposed zoning code, the height limitation is 45 ft., not to exceed four stories. Chairman Kelly clarified that this was an ordinance of the City of Boynton Beach and not their recommendation. ~. Blank re- plied that this makes it even more binding then. He stated that as he comprehended the proposed usages permitted in the R-3 zoning, the maximmm density was 10.8 units per acre and combined with the h~ght limitation, it would make it abso- lutely certain that there could be no high rises. As far as there being any low cost housing in there that might cause the neighborhood to be lowered in quality, he thi~s all the people will realize that the value of the property will hibit that. Also, Mr. Rose was an initiator of the High Point development. ~. Blank has heard compliments from various sources about High POint. Mr. Rose proposes to develop this parcel also in high. quality. It has not been developed because of the rezoning effort which has been going MINUTES PLANNING & ZONING BOARD PAGE SEVEN JANUARY 29, 1975 on for about five years and it was zoned single family. To go back to that would be spot zoning in reverse, since it is surrounded by multi-family. High Point is at a density of about 14 to 16 units per acre, even greater than what is now proposed. Mx. Laswell advised him i~ 7 units per acre. Mr. Blank replied that 10.8 is reasonable. Ee pointed out, the same as Mr. Laswell did, of the increase of traffic on 3rd Street and 23rd Avenue and that increase o~ traffic does not render the property to single family. Mr. Blank thanked the Board and stated he would like to keep the zoning as proposed. Chairman Kelly thanked him and stated the Board would take it under consideration. Mr. Frank Carrel stated his name and his address as 340A High Point Court, Boynton Beach. He informed the Board that he is the president of the High Point Court Association, Inc., which is for Section 4-A. He first congratulated Mr. Laswell on his presentation. He advised that he was located immedi- ately south of High Point 4. This wooded area is directly east of us. It seems to him that since most of this area is already built up as High Point in condominiums, his suggestion would be to change that zoning from R-3 to R-2 which would~ still allow the construction of smaller buildings but would eliminate high risese Chairman Kelly thanked him and advised him that they would certainly consider it. Capt. Dick Selins~ stated his name and his address as S. W. 2nd Street and 4th Avenue. He stated he was concerned to think there would be a possibility there would be some clown houses built near him like Chelsea Picket. Who allowed Chelsea Picket to build such a community? He ~tated he has lived here for 25 years and just recently his son has had two bikes stolen in this neighborhood just four blocks from City hall, which was once safe before Chelsea Picket was built. He does not want another townhouse near him. He thi~s that all his neighbors agree and they don't want any- thing like this around. We bought in a residential district and want it to remain that way. He wants it proposed to be zoned R-1. Chairman Kelly asked what category it was proposed now and Capte Selinski replied: R-3 and he wants it considered to be R-lA, the same as the other single family homes around there. He then complimented whoever authorized the map of Boynton Beach. How many eyeballs were busted trying to find where they live? He defied them to find S. W. 2nd Street. Chairman Eelly thanked him for his remarks and stated they have been recorded and will be given consideration. Mr. Liberato J. Zito stated his name and referred to 2505 S. Federal Highway. He stated he proposed a medical building for this property and gave the plans to the Chairman. Chair- man Kelly informed him that this was a public hearing and discussion of plans is done at a regular meeting. He asked MINUTES PLA~NING & ZONING BOARD PAGE EIGHT JANUARY 29, 1975 him to retain the plan. He advised him that the Board was meeting to hear the requests of the people. Mr. Zito con- tinued that he just wanted to show them what he could not build on his property because they proposed to change the zoning from C-1 to C-3. He cannot build this beautiful medical building. Chairman Kelly thanked him and stated his request would be considered. Mr. Gary Winter stated his name and his address as 191S. E. 27th Avenue. He informed the Board he was representing the home owners in High Point Estates and Seacrest Estates. He then read the following petition and presented it to the Chairman. "We the undersigned homeowners and residents wish to register our dissatisfaction with the proposed new zoning to R-2 on the below mentioned lots, since these properties will be directly adjacent to our own homes which are currently in a R-tAA and R-IA zoning, and this downgraded zoning can only serve to lower the existing property values. The lots in question are listed as follows: HigB Point Estates: Lots 41, 42 (S. E. 24th Ave.); Lots 43, 44~'~74, 75 (S. E. 25th Ave.); Lots 76, 77, 111, 112, 113~ 114, 115 (S. E. 26th Ave.). Seacrest Estates: Block 1, Lot 4; Block 2, Lots 1, 2, 5, 6; Block 3, Lots 1, 2, 29, 30; Block 5, Lots 1, 2, 28, 29; Block 6, Lots 1, 2,,~.~ 33; Block 7, Lots 1, 2, 19, 20; Block 8, Lots 1, 2, 15 ; Block 9, Lots 1, 2, 13, 14; Block 10, Lots I, 2, 13, 14; Block. 11, Lots 1, 2. We, therefore, are appeaiing to the Planning & Zoning Board and to the City Council to retain the Single Family Residency Eoning of this armea.~ He then referred to three previous appeals being made to the City Council by Peninsular Proper- ties to have Lots 111 thru 115 changed from R-2 to R-1AA and the City Council denied this request. He requested the Board to upgrade the zoning. Chairman Kelly thanked him and advised that the petition had been recorded and would 'be given consid- eration. Mr. James Moxley stated his name and his address as 234 S. W. 14th Avenue. He informed the Board that under the present change, he will be adjoining C-i property and his property is zoned R-1AAo He is definitely against any change that changes residential property to commercial, property. Several neighbors present also agree. Chairman Kelly thanked him and advised that the secretary recorded his request and it will be given consideration. Mx. Robert Leite stated his name and his address as 708 Guaranty Bldg., West Palm Beach and is an attorney repre- senting Miss Agnes Stone who lives at 246 S. E. 23rd Ave. She lives immediately next door to the Cellar Restaurant and across the street is the Little General Store. 23rd Avenue is the only thru street which goes all the way thru MINUTES PLAh~NIN~ & ZONING BOARD PAGE NINE JANUARY 29, t 975 to Military Trail. Miss Stone feels the property should be zoned C-2. The Cellar Restaurant and the store are both C-2 and she feels her property should be the same. Mr. Walter Dutch stated his name and his address as 100 South Federal Highway. He first apologized for bringing this up tonight and referred to Lot 7, Block 2, Original Town of Boynton, which is just a little on the north side of the dividing line. It is located on the corner of N. E. 3rd St. and 2nd Avenue and is 200 feet this side of the F. E. C. Railroad. On 2nd Avenue, you have proposed zoning of C-4 for about five blocks. The area where this property is lo- cated is on the south side and is zoned C-2. In going across the railroad to the east, everything has been zoned C-4. The properties he is involved with are bounded on the north and east by C-4, but his property is C-2. With zoning me C-2, you put me totally non-co He simply req~uests that they give both sides of ~nue equal treatment and zone his property C-4. Chairman~ Kelly thanked him and stated his request had been recorded and would be given consideration. Mr. Dick Weiland stated his name and his address as 3625 S. E. 2nd Court in the Grayson Heights area. This area is R-lA and the area to the north is R-1AA and you have proposed the area to the east to be R-2. We would like to request that this be changed to R-lA or R-1AA. He added that he didn't receive any information about this zoning hearing. Chairman Kelly thanked him and informed him that the Board didn't have anything to do with the mailing. He stated his request had been recorded and would be given consideration. Mr. George McGhee stated his name and informed the Board that he is the E~ecutive Vice President of Broward National Bank. He stated he was representing Bankshares, the owners of 1919 and 1920 South Federal Highway, directly south of 18th Avenue. This is the property that Gentleman~$im,s is located on and the property north of Seagate Apartments. At the time these properties were purchased, the Building Department stated these would be suitable for our plans. Considerable time has been spent planning our building under the existing C-1 code. We will in the very near future be requesting permis- siOnm to proceed with our plans. We feel any change will be h ~ a azdshlp. We request consideration be given to allowing these properties to remain C-1. The proposed zoning is R-3 and we really want it to remain at C-1. Chairman Kelly thanked him and stated his request has been recorded and will be given consideration. Mr. Willie Anders stated his name and his address as 314 S. W. 3rd Avenue. He questioned why the Board tried to re- zone most of the properties and did not try to rezone MIh~UTES PLANNING & ZONING BOARD PAGE TEN JANUARY 29, 1975 strictly residential straight thru and not commercial within ~ive years? Where he lives, the property has been changed from R-lA to R-2. Two streets east of him, they have built chicken coops with four families living in eachhouse and people shooting guns at night, etc. This is a little too much. Something has to be done. Why not rezone this whole stretch for single dwellings like it wed to be? He has built many houses. He is especially proud of his own house. He wants to help people, even inspectors. What he has seen in Boynton Beach is a shame. South of him was an old nursery and they put wooden homes in there. The foundations are laid directly on the sand giving no water flow when it rains. If there is rain in the street, they have a full house of water. The wood is not treated and is laid right on cement. What kind of building code does Boynton Beachhave? He has built houses in Long Island and has never seen anything like this and they should not do something like this to the City. He has seen the Bronx, B~ooklyn, Washington, D. C., etc. go to hell and Boyn~on will be the same. Chairman Kelly stated he thought he had made his point and questioned if he desired this area to be R-lA and not R-2 as proposed and Mr. Anders replied: yes, on the first street east and try to preserve our beautiful Boynton Beach. ChairmanKelly informed him that his request has been recorded and will be given consid- eration. Kathy Caldwell stated her name and her address as 1350 S. W. 27th Place. She informed the Board that she would like to speak about the parcel of land south of 23rd, east of Con- gress. It is now zoned R-1AA and it is proposed to be Changed to C-2. Her husband is President of the GolfvieW Harbour Homeowners Association and she is speaking on his behalf. They would like to keep this land as R-1AA. We are a single family home area and would like to keep it in a residential section and like to keep out traffic created by commercial areas. Chairman Kelly thanked her and stated her request had been recorded and would be given consideration. Mrs. Loyal Rohrbaugh stated her name and her address as 2857 S. E. 1st Place. She informed the Board that this was Lot 1, Block 4, Seacrest Estates. She referred to the area S. E. to S. W. 23rd Avenue to 28th Avenue, which is in Sky Ranch Es- tates. The proposed map shows a zoning change from R-2 to C-1. If you will look at the large map, you will see this is the hospital area and~is surrounded by R-I~ zoning, Now you propose to take this area of Seacrest Blvd. and establish ~ommercial. She thought in planning a new zoning map they were to consider light, environmental factors and traffic flow. With the medical building on Seacrest, it has caused a traffic congestion in the immediate ~reao 23rd Avenue is the emergency route for the ambulances. She noted where the MINUTES PLANNING & ZONL~G BOARD P~GE ELEVEN' JANUARY 29, t 975 entrances and exits to the hospital were located. If this area is commercialized, more outside traffic will be brought in and will block the entrances to and from the hospital for emergency traffic. There is also a hill in this area and it would not be advantageous to the community to have this area commercial. She stated she would like the Board to recon- sider and keep the present zoning of R-2. Chairman Kelly thanked her and added that this was the purpose of these public hearings. Your reqmest has been recorded and it will be given consideration. Mrs. Castello questioned if she wanted the new or old R-2 zoning and Mrs. Rohrbaugh replied she th~ought they were about the same. Chairman Kelly stated that they were not and Mrs. that she did not think it would matter, but they definitely did not want commercial. Chairman Eelly assured her that the secretary had recorded her request a~d it will be given the necessary consideration. He added that she was invite~to attend a workshop meeting to see how these things are covered. Dr. Gerald Skinner stated his name and informed the Board that he is a dentist and represents himself and Dr. Simon and they own property at 26th and Seacrest, where other doctors, offices are located. ~e own approximately ½ acre on the northeast corner. The proposed zoning change recom- mends that the first lot where a house is located be changed to C-1 and we recommend that the vacant lot which, we own to the east to also be zoned C-1. Chairman Kelly thanked him and stated that his request has been recorded and will be given consideration. Mr. Robin Everett stated his name and his address as 197 S, E. 27th Avenue. He informed the Board that he lives at the end of 27th Avenue. His property is zoned R-lAA and they propose to change it to R-2, which he objects to. There are many reasons, but one is the extra traffic as they have proble=~ now getting onto Seacrest from their street. Please keep it zoned at R-1AA. Chairman Kelly thanked him and stated his req. uest has been recorded and will be given consideration. Mrs. Lillian Pearson stated her name and her address as 320 S. W. 3rd Avenue. She informed the Board that they were proposing to make a section that comes up to 2nd Street a R-2 section and there are single family d ~ well=ngs all through there. Chelsea Picket is also right in this area and they don't want any more homes like that. This is down- grading that neighborhood. We are trying to upgrade the neighborhood with keeping our homes nice. Chairman Kelly questioned if she was requesting the continuance of R-~A zoning and Mrs. Peamson replied: yes. Chairman Kelly thanked her and stated her request has been recorded and will be given consideration. MI~TES PLA~ING & ZONING BOARD PAGE ~LVE JA~k~ARY 29, 1975 Me. Emil Freund stated his name a~d his address as 5530 Ocean Boulevard, Ocean Ridge. He informed the Board that he owns property on U. S. I between 20th Avenue and 20th Court. This property is tied into a lot of other properties along there and he c~ot understand why it would be changed from the present C-1 to R-3. Possibly this is due to nice apart- merits being on the east, but these are also on the inland waterway. His property certainly does not compare having the railroad behind it. He gave an example of the wom~n owning the property just south of Sunshine Square and being offered $700,000 for her property; but if they zoned her re- sidential, she would get a lot less. He then spoke for Madame Hewitt, who was unable to be present, and owns a little gift shop in this area and the R-3 zoning is also not beneficial for her. He referred to the newspaper stat- ing the new map was prepared to cut out strip zoning and it seems they are trying to get residential zoning across the street and are making it strip zoning by doing this. This would be a very great hardship and would not do the City any good, especially since it would cut out the bank an~ the type of building he is planning. Chairman Kelly thanked him mud stated that his request has been noted and will be given con- sideration. Mr. Tim Zompa stated his name and that he was a real estate agent representing the owner of property on Seacrest Boule- vard, Lots 1 thru'22, Westchester Heights, and Lots 44 and 45. They would like that property zoned C-1. This property is not good for residential use with the traffic along Sea- crest Boulevard. Most of the property in this hospital area is already used by doctors. They would like also to put doctors' offices on this property. Chairman Kelly thanked him and stated that his request has been recorded and will be given consideration. Mr. Donald Ramsey stated his name and his address as 146 S. E. 26th Avenue. He referred to the gentleman talking about Dr. Simon's property which is on the northeast corner of 26th Avenue and his requemt that the lot directly east of the lot be zoned also in the C-1 category. With cha~ging this lot to C-1, it would be abutting property with a $45,000 home. You s~e encroaching further and further from Seacrest Boulevard into expensive homes. He requested that the zoning on this property not be' changed to C-1. Chairman Kelly thanked him and stated his request has been recorded and will be given consideration. Mr. M. W. Duvall stated his name and his address as I17 S. E. 22nd Avenue. He then read the following petition signed ~y ten residents: "We, the undersigned residents MINUTES PLANNING & ZONING BOARD PAGE THIRTEEN JANUARY 29, 1975 of Southeast Boynton Beach., Florida, respectfully request the following change in the proposed zoning plan for the City dated January 2, 1975. That the area bounded on the north by S. E. 21st Avenue, on the south by S. E. 23rd Ave- hue, on the east by ~. E. 2nd Street, and on the west by Seacrest BOulevard be zoned R-3 in lieu of its proposed R-lA zoning. The area in question is already surrounded on three sides by R-3 zoned land and to hold this area in R-lA pre- sents an obvious conflict in the overall land use pattern for the few remaining vacant lots.- He then presented the peti- tion to Chairman Kelly. Chairman ~elly thanked him and stated his request had been recorded and would be given con- sideration. Patricia Pickett stated her name and her address as 328 S. E. 34th Avenue. She informed the Board that she is opposing the district that is designed now for R-2 and would like it left at R-1. She lives on a dead-end street and this would make it a thru street. We don't want to see rental property along the railroad tracks, but would like to see sidle family dwellings. Chairman Eelly thanked her and stated her request had been recorded and would be given consideration. M~. Bill Elam stated his name and his mailing address as P. O. Box 23, Boynton Beach. He informed the Board that he wanted to speak on the proposed zoning on S. E. 23rd Avenue between Seacrest Boulevard and the railroad. He referred to Mr. Duvall,s request to zone this area R-3. Zoning for that whole area is shown as R-lA on the proposed zoning map. This would affect homes on both sides of 23rd Avenue. His inten- tion is to point out that perhaps if the Zoning Board gives consideration to the R-3 zoning in making it uniform all thru there s~ it is R-3 on the north, to suggest that the strip of homes along 23rd Avenue be zoned C-l which will allow for high class professional and office use. He referred to the proposed zoning code book on page 2t where it designates 3. E. 23rd Avenue as a major thoroughfare. East of the rail- road track to U. S. 1 and west of Seacrest on 23rd AVenue, it is zoned commercial C-3. It is zoned multi-dwellingwest of Seacrest. This would create quite a bit more traffic on that one block than previously existed. With reference to the growth of the area weSt towards Congress, there will be many homes and multi-family dwellings built there creating even more traffic. He stated he wanted to pick on this one little block where the people are stuck with single family zoning. They will have to put up with much more traffic, noise, pollution and will not be able to realize the value of selling those residences if it remains R-lA. It will downgrade the value of those homes and definitely will eli- minate anyone from building single family homes on the vacant lots onthat street. To him, it it like putting a two lane M!NU%~ PLA~ING & ZONING BOARD PAGE FOURTEEN JANUARY 29, 1 975 bridge in the middle of a six lane highway. It is not uni- form with anything that is zoned east and west of it. He suggests that serious consideration be given for at least C-1 along that block of 23rd Avenue so the people will have area rather than downgrad- that people can't sell and will have to give away or rent and will be ill cared for. ~Vith the beautiful zoning all around it amd what exists on the east side of it, he thinks it would be a favor to the City and everyone concerned. Chairman Kelly asked him to clarify his request. Mr. Elam replied that he would like C-1 zoning along 23rd Avenue between the ~ailroad track and Seacrest Boulevard, inasmuch as R-lA that section is not uniform with anything east or of it. It could be valuable property, but if it remains single family, it will be downgraded in a matter of time. He sincerely urges this consideration. He gave a map to the Chairman with Chairman Kelly thanked recorded and would be given consideration. Mrs. Kelly Curtin stated her name and her address as 2526 S. W. 13th Court. She informed the Board that she desired to speak about the area at 23rd and Congress. From Seacrest to ~ilitary Trail, there will be residences along this area. 23rd Avenue has the most luxurious homes anywhere in Florida and she referred to Quail Ridge, Country Club of Florida and Delray Dunes. This is the same highway where they are requesting C!-2. Why should we be any less desirable in Golfview Harbour than them? We have a little Venice if it is properly developed with our lake and canals. The developer of Golfview Harbour bought this land in t967 and ever since that time, he has been requesting commercial and he has been turned down repeatedly. We have luxurious homes and we like our homes amd the developer did a splendid job and she feels he should be content to leave them in complete harmony. She believes if they will check the police and newspaper records during the past two years~regarding rapes, robberies and murders, they will find that most of these occurred at iso- lated commercial areas. Just think back a little bit and she is sure they will agree with her. She doesn't see where they are in any dire need of such a commercial area. There is a shopping center very close to this area on Boynton Road and they can get anything they need there. She ~oesn't believe the Boynton police need another burden on'them with another neighborhood commercial cienter. She respectfully requests that they deny zoning for C-2 and leave it as it is. it would be delightful to have shrubs planted along this high- way just like Quail Ridge, Delray Dunes and Country Club of Florida. Chairm~n Kelly thanked her and stated her request had been recorded and would be given consideration. MINUTES ~NNiNG & ZONING BOARD PAGE FIFTEEN JANUARY 29, 1975 Mr. John Fitzpatrick stated his name and h.~ address as 101 S. W. 4th Avenue. He informed the Board that he would like to request that Lots 11 and 12, Block 2, Bowers Park Addition be changed to R-3. It is presently zoned R-2. ~airman Kelly thanked him and stated his request has been recorded and will be given consideration. Rosalie Roth stated her name and her address as 191 S. W. 27th Place. She requested that the Board not rezone the area between $. E. 23rd Avenue and 28th Avenue to C-I. Also, they should not rezone the area between S. E. 24th Avenue and S. E. 34th Avenue to R-2. At the present time, there is enough traffic to and from the hospital. If they were bleeding to death, at her address, they could not get across the street to the hospital. Chairman Kelly thanked her and stated her request had been recorded and~.:would be given consideration. ~&r. Thomas Roche stated his name and his address as 2570 S. W. 11th Street. He informed the Board that he owns the property at 236 S. W, 24th Avenue and he requested to go on record as having no objections to the property to the east, which is now zoned R-2,to remain that way. He doesn't want to see ~urogress stopped. Chairman Kelly thanked him and stated that his request had been recorded. Mary Law stated her name and that she represented Law Realty located at 625 Seuth Federal Highway. She stated that she has some questions, but not about any specific property. She questioned if properties already zoned would be rezoned and Chairman Kelly replied: yes, that is the purpose of this hearing. She referred to the map and the strip of R-2 zonir~ from the ,Cellar Restaurant to Gulfstream Boulevard. She requested that this be kept R-2. She is one of the owners and the other owners also agree. Chairman~Kelly questioned what the map showed and she replied that it is R-2 now and they are proposing R-2, but individuals have appeared to- night wanting it zoned R-lA. She added that she would sub- mit complete letters to the Board about everything she dis- cusses. She then referred to the property where Green's Pharmacy is located and stated she would like to represent Mr. Harris and he would like this kept at commercial. She then referred to the location of her real estate office at 625 South Federal Highway on the N~ W~ corner of U. S. 1 and S. E. 6th Avenue. It is a two Story wooden house on the highway. The present zoning is C-1 and she would like the building size regulations kept as stated in the book. Chair- man Kelly referred to the map stating that it looked like this was zoned C-3. Miss Law% replied this was true and this put her lot and building in a non-conforming use because of the size. This creates a serious problem for her and if MINUTES PLANNING & ZONING BOARD PAGE SIXTEEN JANUARY 29, 1975 her building requires improvements, she will be at the mercy of the Board of Adjustment, Planning & Zoning Board and City Council at that time. She requests the original zoning of C-1 or please give it the new C-4 zoning, so it will be usable. She then referred to property located at 3481 South Seacrest Boulevard. This is across the street from St. Joseph's School and consists of approximately 2½ acres. The present zoning is R-IAi, which requires ,500 square feet, and the new zoning is R-1AA, which requires .000 square feet. She would like this zoned R-lA, as she would like to use it for a nursery school. She added that she would mail letters to the Board tomorrow outlining these requests. Chairman Kelly thanked her and stated they would be given consideration. Mr. Dave Stone stated his name and his address as 809 Palmer Road, Delray Beach. He informed the Board that he prepared a small drawing so they may understand his problem and gave copies to the members. Chairman Kelly advised him that if he was going to present copies, he would like him to come before the Board at a regular meeting and just express his request tonight. Mr. Stone continued that he has two apart- ment buildings that are ~wo stories on Lots 22 thru 27 and 4t thru 43 on S. ~W. 2nd Avenue and South Seacrest. ~e pro- posed zoning line goes right through the middle of the build- ing on Lots 41 thru 43. If this zoning line is approved, it will make this property non-conforming. He would like t~is to be considered before finalizing the zoning line in this area. Chairman Kelly tha~ked him and stated his request had been recorded and would be given consideration. M~. Tom Gable stated his name and his address as 1341S. W. 28th Avenue. He informed the Board that he is and has been disturbed to see this large area zoned i~ustrial abutting a very fine residential area. He referred to the M-I zoning just south of 28th Avenue. It is a very large industrial area. He can see nowhere in Boynton where an industrial area is i~mediately adjacent to a residential area. Chair- man Kelly informed him that this has been zoned that way for quite sometime. He pointed out that he was requesting a change in zoning and that was not the purpose of this meeting. ~. Gable questioned if he was out of order and Chairman Kelly replied that he wasn't ~ecessarily, that it was just a misunderstanding. ~. Gable remarked that he was very much disturbed about this. In view of the way the community has developed, this is not a good situation and he doesn't know if it can be changed or not. Mr. Barrett stated he thought ~. Gable was trying to suggest changing this with possibly putting in a buffer. A buffer has been made with the Vo-Tech School between the indus- trial zone and the school will act as a natural buffer. Mr. Gable questioned if it would run clear out to Congress Avenue and Mr. Barrett informed him there would be a right- of-way along there, a 50 ft. buffer. Chairman Kelly thanked him. MI~JTES PLA!~ING & ZONING BO~RD PAGE SEVENTEEN JANUA.RY 29, !975 ~. Loyal Rohrbaugh stated his name and his address as 2857 S. E. 1st Place. He referred to the map stating it was wrong in that it shows his property four blocks from Sea- crest and they are Just one block from Seacrest. The map is in error as it stops at 28th Avenue and shows S. E. 1st Street from there to 27th. That is not S. E. 1st Street, but is S. E. 1st Place and starts at 27th Avenue. Chairman Kelly thanked him and stated that this would be checked. MK. John Pagloruli stated his name and his address as 2801 S. W. llth Street. He referred to Lots 41 thru 44, High Point Subdivision, lying between 24th Avenue and 25th Avenue by the railroad tracks. He requested that this R-2 property remain R-2o Chairman Kelly thanked him and stated his re- quest had been recorded and will be given consideration. ~M. Bill Bond stated his name and his address as 1140 South Federal Highway. He advised the Board that he is associated with Law Realty and represents the owner of the property just south of Sunshine Square. In speaking with him, he definitely opposes the move from C-1 zoning to R-3. He added that he was also representing Emma Woods, who owns Lots 17 and 18, Hathaway Park Subdivision. The proposed new zoning is C-3 and this would render her property unusable with the build- ing and site regulations. It was previously zoned M-1. Chairman Kelly thanked him and stated his requests had been recorded and would be given consideration. At 9:35 P. M., Chairman Kelly declared a five minnte recess. At 9~45 P. M., Chairman Kelly called the meeting back to order. Mr. Scott Davie stated his name and his address as 2542 S. 13th Court. He informed the Board that there are people in Golfview Harhour not opposed to the zoning of C-2 in the northwest corner at S. E. Congress Avenue. Chairman Kelly thanked him and stated this would be taken into considera- tion. ~. Joseph Teofilo state~ his name and his address as 1320 S. W. 27th Avenue. He informed the Board that he was one of the neighbors that is opposed to the C-2 zoning at 23rd and Congress and many others are also. '~_~.e percentage of those against it is greater than those for it. We would like it kept at R-1AA. Chairman Kelly thanked him and stated his request had been recorded and would be given consideration. Heather ~illiamson stated her name and that she was asso- ciated with Law Realty located at 625 South Federal. She informed the Board that she owns property which is Lot 1, Block 8 of Seacrest. She would like to see it remain R-2 MINUTF~ PLA~NING & ZONING BOARD PAGE EIGH~N JANUARY 29, 1 975 and she also represents clients who~ own property along there and they would like to see it remain R-2. Chairman Kelly thanked her and stated it would receive~'consideration. Mr. Harold Jones stated his name and his address as 187 S. E. 27th Way, Block 5, Lot 27, Seacrest Estates. He in- formed the Board that he noticed on the map that the area on S. E. 2nd Street between 27th Avenue and 31 Avenue has the line running two lots off the street. His duplex is three lots off ~f~'ind Street. He would like to see those duplexes that are already there be put back into R-2. The line is shown running two lines off of 2nd Street and it did run three lines off. Mr. Barrett stated that they needed a legal description. Chairman Kelly suggested that he have a ~opy made of the front page of the deed and mail it to Mr. Barrett. Mr. Jones remarked that he didn't see why it was changed for one block. Chairman Kelly advised him that if he mailed the legal description, he would re- ceive a reply. ~. James Somerville stated his name and his mailing address as Box 1207, Boynton Beach. He informed the Bo~rd that he owns two acres here in Boynton Beach and has been paying taxes on it since 1924. This property is Lots 1 thru 16 and Lots 39 thru 44, Block 16, Boynton Heights Addition in Boynton Beach. It is located off of Seacrest, just west of the new library. He grew up on this property,~ so he believes he has a little track record. He has seen the t~wn grow from 600 people to the population of today. He thinks he has some experience from being here. He has been a long term resident. ~hat he has seen over the last few years is a rapid expansion. What was once residential where he lives and even rural is now urbanized and now we are surrounded by condominiums. Boynton Beach will grow and Florida will grow. His property has changed from R-lA to R-2 to R-3 and he has even heard suggestions of C-1. The new map proposes that the area across the street from the new library to the post office to be commercial which is C-1. This is fine to take care of growth, but he is now surrounded by apartments, duplexes, etc. Across the street from his residence is a four unit apartment, two stories, rental unit on a 50 ft. frontage with all kinds of activity, it is not residential any more. After 50 years, he can see that the City is growing. He feels his property should be qualified for at least R-3. Please seriously consider this noting the environment,~the area surrounding it, zoning along the street, etc., which has been designated as C-1. He is suggesting at least R-3 instead of R-2. Chairma~ Kelly thanked him and stated his request has been recorded and will be given consideration. Mi~S PLANNING & ZONING BOARD PAGE N !t\~TEEN JANUARY 29, 1975 Mr. Norman Botcher stated his name and that he represented Delray Screen Enclosure of Boca Raton. He questioned if tonight was the night to go over the zoning regulations in reference to the map. Chairman Kelly informed him that this was a public hearing for people to note their requests to the Board before we finalize and. make recommendations to the City Council. If you have a request to make with reference to the~zoning map, please do so. Mr. Borcher informed the Board that he would like one of the regulations changed. ~. Barrett suggested that he meet with the screen associa- tion and make his request through the association to the Planning & Zoning Board. M~. Walker made ~ motion to adjourn, seconded by ~s. Huckle. Motion carried 7-0 and the meeting was properly adjourned at 10:00 ?. M.