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Minutes 01-27-75MINUTES OF ~ SPECIAL WORKSHOP MF~ETING OF T}~E~ PLA~ING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JANUARY 27, 1 975 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairman Col. Walter M. Trauger, Vice Chairman Mrs. ~rilyn Huckle Jo~m Rogers ~s. Vicky Castello Enrico Rossi Jack Barrett, Bmilding Official Warre~ Bushaell, Depmty Bldg. Official ABSENT Oris Walker Chairman Kelly welcomed the ladies and gentlemen present to the Special Workshop Meeting of the Planning & Zoning B~d and called the meeting to order at 7:57 P. M. He announced that he had hoped to have a full Board present tonight, but Mr. Walker forgot about this meeting and has another engage- ment, bmt he will attend the meetings tomorrow night and Wednesday night. He then introduced the members ef the Board; Mr. Bushnell, Deputy Building Official; and Mr. Barrett, Building Official and Acting City Planner. He announced they were please~ to see Mayor Roberts, Councilma~ Strnad and Councilwoman Jackson present in the audience. Mr. Barrett anaounced this workshop meeting was called to sort out some trouble areas, which perhaps they have inad- vertently zoned. Mr. Barrett first referred to an area marked on South Federal. He stated that when this map was done, this area was not developed like it is now. There is no office or professional use in the lower end of the City. Col. Trauger questioned if he was referring to the line ru~ning up to 15th and down to the bottom and if he was separating this from the C-17 Mr. Barrett reDlied that this would be R-3 and to omit the squiggley line~. Mr. Barrett then referred to another problem area in which he thinks they made a mistake in that they did not follow M~ner Road through. He pointed out that they came do~ the back end of the lot lines and they should have followed the street line. ~m. Barrett then referred to the extreme west side of the map in the C-3 area and stated they probably should have followed the road line, which they should also consider. Mrs. Huckle questioned the name of th~s road and Mr. Barrett informed her it was Hoadley Road and they should have followed this, rather than splitting the parcel. MINUTE8 PLANNING & ZONING BO_~RD PAGE TWO J~NUARY 27, 1975 Mr. Barrett then referred to the extreme east side to the east of the R-lA area and pointed to some lots bordering the intercoastal. He stated that he has had a lot of static from owners of these lots bordering the intercoastal stating they are not worthy of a R-lA zoning.. Col. Trauger ques- tioned what zoning they felt they shomld be and ¥~. Barrett replied: R-3. ~s. Huckle questioned who owned these lots a~dMr. Barrett advised her there were about six owners in there. Mr. Barrett then referred to one, which he believed was an honest error, and pointed to a corner where there is a zoning of R-3 where Four Seasons is located at the south and the southwest two lots and the southeas~ two lots only. He added that they should not change the middle at all, just these lots.~ It just straightens out the lower line with the ex- ception of the dip northward in the center and don't straighten that out. Mr. Rossi questioned the reason for this and Mr. Barrett informed him that they have a building on one and they plan a building for another. We had an agreement with them in the beginning. Mr. Barrett then referred~ to the downtown development area and an agreement which was made by the City. He advised that this was the Adams Properties where the little houses are right behind the Town Tavern and Royal Castle. He deeded the City two feet and the City agreed. Originally, it was included as C-2. We straightened out the zoning line and apparently we should make the change here. Chairman Kelly read from the agreement that it was to Bill Cook to build a business building adjacent. Mr. Barrett stated that the whole area was concerned. Chairman Kelly questioned how he received this deed and Mr. Barrett informed him that it was delivered in person by ~ir. Adam~. ~s. Hnckle questioned his point and Mr. Barrett advised her that they have zoned him out of his agreement with the City. He was zoned C-4. Mr. Barrett stated there was one other area which was brought to his attention this evening and he advised that apparently when the City sold the tract of land south of the water plant, they made an agreement with M~. Rose to zone this for motels, industrial use, etc. He stated he wo~ld like very much to go into correspondence withMr. Rose to see exactly what the agreement reads. Mr. Rossi stated that as he understood, Mr. Barrett feels there i~ an agreement in the City records signed between the City and Mr. Rose. Mr. Barrett replied: yes, but he would like to go imto it further to see what the agreement states. Mrs. Padgett received a letter from him today. MINUTES PLASHING & ZO~I~ BOARD PAGE THREE JANUARY 27, 1975 Mr. Barrett continued and referred to an area west of Lei- sureville, which is the old Farber piece. It was zoned C-4 after very careful consideration, because when 1-95 decided to go through the City it would divide the City by east and west. He pointed out that they have a C-4 area on Federal Highway which can take care of the requirements on the east side of 1-95 and he believes it is required to provide a C-4 area for the west side of 1-95. We have heard about DeBartolo developing an area not within the City limits and possibly then, there may be another use for this C-4 area. At this point, he thi~ they must provide an area for the west side of the City for a general development area. Congress Avenue cur- rently has a 120 feet right~of-way. If all things ge the way it is planned, there will be additional ground taken for Congress Avenue as it is going to be a mai~ artery. We probably will have a 200 ft. area between Leisureville and the commercial area on the west side of the road~ Also, we have an agreement with Farber to zone this commercial. Mr. Barrett said he just wanted to point these areas out for the Board to consider and discuss them. Chairman Kelly stated they would discuss these areas at the public hearings. Chairman Kelly then announced the plan for the public hear- ings. He stated that no decisions should be requested. Any- thing that is brought up must be given f~ll consideration. We will have full notes. He then gave an outline of perti- nent points. He stated they would try to adjourn the meet- ing by 11:00 P. M. He will allow each person to speak for a reasonable amount of time. If they exceed a reasonable amount of time, he will ask them to conclude within a minute or two. He will request them to come to the microphone and speak slowly and clearly, so the secretary can make necessary. notes for the Board to consider. We should try to find amy errors that have been. made on Tuesday and Wednesday nights, but don't consider any request for a decision at the public hearings. Undoubtedly, some changes will be aecessary~ Ask the people to bear in mind that the map was prepared by us guided by a comprehensive plan. prepared for us. He then asked if anyone had any other suggestions. Mr. Barrett stated that he believed there would be confusion with starting at the north end and they shOuld just hear people as they come. He will pinpoint the area. We should have a legal descrip- tion of the lot or an address, so we can consider and check back for the particular use they are applying for. Chairman Kelly stated that he did want them to give their name clearly, the property address, a legal description or lot and block number if at all possible. Mr. Barrett stated that he thought they should also include the fact that when the Board considers any use, they should notify them of any decision and if they have any further objections, they can come back. Mrs. Huckle MINUTES PLA~ING & ZONING BO.ARD PAGE FOUR JANUARY 27, 1975 questioned if this meant writing a letter to each one and Me. Barrett replied: yes, he believed they should be noti- fied. Mrs. Huckle questioned if this was to be done before the City Council public hearing and Mr. Barrett replied that regardless, they should notify them of the Planning & Zoning Board decision. They can reapply to the City Coumcil. If we notify thembefore the City Council meets, we can save them from appearing before the City Couacil and save them some time. Mr. Bushnell added that they should also in- clude the subdivision name. Chairman Kelly stated that he made a ~ote per the recommendation that each request will be considered by the Planning & Zoning Board and a letter will be sent to each applicant advising of the decision. Mr. Barrett asked if the Councilmembers present agreed and Chairman Kelly added that any comments would be most welcome. Mayor Roberts appeared before the Board and stated that by no stretch of the imagination of trying to inter~ere, he did have a few questions he would like to ask. He asked if Chairman Kelly would be meeting and Chairman Kelly replied: yes. said he believed he should suggest that if they have a they should have a spokesman. He believes th some changes and errors to be corrected such as Mr. Barrett mentioned, but he did not hear any comments from the Board members about them. Chairman Kelly replied that they have not had time to consider them yet, but possibly will them at the end of this meet- ing. ~myor ROberts qu public with all changes that Kelly replied: yes. Mrs. they should not make has received maps and these ance. She believes they sider the areas. was just a question of Mr, Rogers stated he feels they should conside others brought up at the ~s. Castello and Mr. Rossi stated it was her feeling since the public be kept in ahoy- them when they con- ~ and addedi that it all ~uderStood the areas. the problems are, but es the same as any Col. Trauger, agreed, Col. Trauger questioned who would keep track of the requests and M~. Barrett replied: the secretary. He added that as the people ask for changes, he would mark it on the plastic Sheet over the map. Mr. Rossi stated that instead of people sug- gesting changes and marking it on the map, he believed it should just be comments. Chairman Kelly stated that he in- tended to ask the people to speak slowly and clearly. MINUTES PLAt~7!NG & ZONING BOARD PAGE FiVE JA~UARY 27, 1975 Mr. Rossi referred to these problem areas and stated that some appeared to be the draftsman's errors. Mr. Barrett agreed stating perhaps a combination of draftsmam error and inability at the time to decide just where the lime should go. He didn't think a~y were of any great consequence, ex- cept for the one on the intercoastal. Col. Trauger ques- tioned if this was the area they spent a great deal of time arguing about believing there should be some areas left along the intercoastal for large homes and Mr. Barrett replied that he was right. Mrs. Euckle stated she was not in favor of the line on S.W. 15th Avenue, which goes up for two lots instead of down for two Lots. She is against invading any further into the re- sidential areas. The two corner lots where that goes up are not as deep; but at the same time, that is a high residential zoning. This is a R-1AA neighborhood, which they have too few of. She feels sorry for the people on the corners, but it does not appeal to her to further invade that area. Ym. Bushnell stated there were two absolute mistakes on the map which happened between the tracer and when it came back from the printer. He pointed to two little pieces of line missing on the southwest corner of the large PUD Meadows where there is a small umbilical which should be lined off to separate from the PUD. He then pointed to the end of the C-1 at the hospital where R-lmAAB is 83ad the east/weSt line should continae west. The members then discussed the changes suggested by I~. Barrett. Chairman Kelly referred to the area where the bank and Gentleman Jim's is located and asked Mr. Barrett to ex- plain further. Mr. Barrett replied that one thing they omitted was that this C-3 has an open area. The C-3 should run all the way across to the waterway. He stated he was just asking them to consider it, since they should have a C-1 zone in here for multiple family. He suggested that before going to the public hearings to tab the different zones so they could open right to it. Mrs. Huckle pointed out that motels were not allowed in C-t. Mr. Rogers pointed out that the line went right thromgh the Sage-N-Sand. Col. Trauger remarke~ that it would bring a lot of fury at the meeting. Mrs. Huckle questioned why and Mr. Barrett in- formed her that there were developed uses there already. Mrs. Huckle stated that it was advertised as R-3 and Me. Barrett agreed, but stated that this area was developing different t~an how they drew it a year ago. The members then checked the zoning on the large map. MINUTES PLANNING & ZONING BOARD P~GE SIX JANUARY 27, 1975 ~. Barrett advised the members that during the past two weeks, he has listened to about 250 complaints and out of them, he recognized about five legitimate ones to be brought before this Board. W.e haven't changed things too much, but have cleared up some of the hodge-podge. Mrs. Huckle added that they must consider the people, especially when a person has bought property years 2go and it was zoned for a certain use. Mr. Barrett gave her some examples of changes being made when it was not necessary. Col. Trauger suggested that they try to reach, some mutual agreement tonight to eliminate some rhubarb at the public hearings. Mr. Barrett referred back to the area on South Federal stat- ing they must decide where the C-1 line should fall. Possi- bly they should extend the C-3 line to the Sage-N-Sand. He asked them to bear in mind as far as the west side of the road, the multiple families that exist do not conform in a C-1 zone and could be changed to office or professional use if they so desire. Col. Trauger suggested possibly bringing the C-3 down to include the Sage-N-Sand. Mr. Barrett stated this would bring it not quite to 20th Avenue and possibly this should be considered. Mr. Rogers pointed out that there were small lots in there with apartments. Mrs. Huckle ques- tioned if it would complicate it with putting C-1 across the highway? She added that on the east side, she could see the reasoning, but it is already established on the west side. Also, she asked about the area below 20th Avenue? Mr. Barrett informed her that C-3 extends one lot the other side of 23rd. He added that he would like to get a full copy of the map that wasn't marked up and work out that section. He stated it would be a lot better to w~rk with pencil in there and come back with a recommendation for this Board. Mrs. Huckle remarked that everything on the west side of the highway would be non-conforming. Mr. Bs~rett replied that they may want to bring the C-3 He asked her to give him a chance to study it. he would also like to visit the area. Mrs.. Huckle said that C-1 just wasn't an accurate zoning. Mr. Barrett stated that he hesitated to extend the C-3 too much, as they would have a shoe string. We would get back to highway use and this is not good, as we do not have the area to pull off into the stores. He added that he would study it and work it out. Chairman Eelly suggested just putting a question mark on this area. Mr. Barrett informed him that tomorrow night he would have this area marked for the Board. Col. Trauger remarked that the little places along there were going to really develop in the ~ext year. Mrs. Huckle stated she would like to keep the east side C-1. Mr. Barrett informed her they had more things to consider and not t zoning, such as: impact of traffic, impact on nei .d areas, etc. Mr. Bushnell added that a petition w~ he presented at the public hear- ing on Wednesday night in reference to this piece. .Mr. Mi~TES PLANNING & ZONING BOARD PAGE SEVEN JAh~R¥ 27, 1975 Barrett informed them that most of the inquiries have been solved, but these are the problem areas which he believes they should recognize. Mrs. Huckle replied that she thought it deserved a lot of consideration.° It is probably one of the most heavily travelled areas of the City. Mr. Barrett said that hopefully when 1-95 is completed and Congress Ave- nus is widened, it will take off a lot of thru traffic from here. Mr. Rossi referred to Congress Avenue and the plans for widen- ing it. Mr. Barrett explained to the Board how the City a~d County worked closely together. P~. Rossi referred to these questionable areas stating it seemed there were errors more so in residential than com- mercial. He referred to the area on Congress Avenue stat- lng he believed the zoning of C-4 would be questioned as it allows more extensive uses than C-1. Mr. Barrett replied that he thinks they must provide an area for a major develop- ment on the west side of the City. Mrs. Huckle questioned if there was a binding agreement and Mrs. Jackson replied that it was done by ordinance. They had three years and asked for extra time because of the moratorium. Mr. Barrett added that they may have other ideas for the development of this area. Mr. ROssi gave examplesi~of possible objectio~ to the C-4 zoning and the members checked what was allowed. It was decided to put a~ asterisk by E. Mr. Bushnell added that an asterisk meant that approval by the City Council was required. After discussion, they decided to eliminate P. Mrs. Huckle then. made the following corrections to other pages in the book~ Page 30,~Uses Prohibite~should be listed instead effuses Permitted~te~i~. She then pointed out that they agreed to use:" Building and Site Regulations instead of ~Density Controls". Page 16, No. 2 still lists Density Controls and should be change~. Page 17, same, near the ~ottom. Page t9, same, at the very bottom and at the top under 2. Page 22, the ~and" was left out. Page 22, b, shoul~ ~e permitted mses to keep it uniform. Page 23, under the small letters, the last one under L should state refer to Planning & Zoning Board for recommendation to City Council. Page 36, ~and" s~ould be inserted and should read "building and site regulations~,. Page 1, just a mistake in the third line where and should be 1972. on both streets" with Chairman Kelly stated that technically he didn't believe they would have any problem with the Miner Road area. MINUTES PLANNING & ZONING BOARD PAGE EIGHT JANUARY 27, 1975 Mr. Rogers referred to the Hoadley Road area stating he did not believe the front yard should face the back side of a commercial development. ~. Barrett informed him that a buffer would be required and Mr. Rogers still disagreed. Mr. Barrett stated that possibly a service road would be required and Homdley Road would not be used as a service road. Mrs. Huckle questioned if calls had been received a~ut this a~d Mr. Barrett replied: yes, as the owners bought it as one piece. Col. Trauger questioned what Mr. Rogers thought should be done and Mr. Rogers replied that it should be left as it was drawn and is published. Mrs. Euckle pointed out that the property would be split and Mr. Barrett replied that it would still be .ntial area whether front or back yards. Mrs. Huckle d that she didn't like to go through property with zoning lines. Mr. Rogers remarked that they have done it in other places. Mr. Barr~ett informed them that the same owner owns all the way to Hoad'ley Road and a good deal of engineering has already been done on it. Mrs. Huckle told about a man calling her that lives at 4th & Seacrest and has R-yin his front yard and ~_ R- in his back yard. She pointed 6ut that in many cases, they ~reed t~ do it by streets and not back yards. Mr. Barrett replied that they did try to follow road lines or streets, except on Route 1. Mrs. Huckle stated that many times they tried not to get in back yards and M~. Barrett replied that sometimes it could not be helped. Mrs. Huckle stated that she suggested that he come to the public hearing. Mr. Barrett stated that zones for the large part are buffered. Getting back to the Hoadley Road area, Mr. Rossi suggested that R-3 could be put in for a buffer. ~r. Barrett stated that he would ask for an additional 10 feet and for a ser- Vice road. The buildings will probahl~~ ~a~s~ f. ee~t~~ ~ rom the property line. Col. Trauger?~~'~ Mr. Rossi questioned if it was developed there and Mr. Barrett informed him there were just three older houses there. He added that there would be zoning a~plications to consider. Mrs. Huckle questioned if any minutes would be read at the public hearing meeting? Chairman Kelly replied that he thought they should postpone them and just consider the site plan and public hearing. The members agreed. Col. Trauger made a motion to adjourn, seconded by Huckle. Motion carried 6-0 and the meeting was properly adjourned at 9:45 P. M.