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Minutes 09-24-74MINUTES OF THE REGULAR ~.~ET_~G OF THE PL.~NNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, SEPTEMBER 24, 1974 AT 7:30 PJ M. RESENT Fred J. Kostner, Chairman Mrs. Marilyn Huckle Mrs. Emily Jackson Col. Walter M. Trauger John Rogers ABSENT Joseph Kelly, Vice Chairman Oris Walker (Excused) Jack Barrett, Building Official Warren Bushnell, Deputy Building Official (Excused) ChairmaaKostner called the regular meeting of the Planning & Zoning Board to order at 7:45 P.M. He introduced the members of the Board, the building official, deputy building official, and recording secretary. He then welcomed Mr. Rick Rossi, the guest present. MINUTES The Minutes of the regular meeting of September 10, 1974 were read. Mrs. Jackson referred to Page 1, five lines from the bottom, where she questioned~Mr. Barrett and stated the "hes" should be "shes" in this discussion. Mrs. Jack, on referred to Page 2, four lines down, where they discussed Herbert Anson Associates and she stated this should be clarified. She said DeBartolo had the same address on the application of Market Street in Youngstown, Ohio, and this was why she had asked this question. Mr. Barrett added that she was just trying to clarify the ownership of the two parcels. Mrs. Jackson then referred to Page 3, at end of the first para- graph, and stated Mr. Taylor replied it would be an adult commmnity. She added there should he a slight correction further down in reference to Lakeview Haven in that it should state that the plat was on display on the table. Mrs. Jackson then made a motion to adopt the Minutes as cor- rected, seconded by Col. Trauger. Motion carried 4-0, with Mrs. Huckle abstaining since she was not present. The Miuutes of the workshop meeting of September 10, 1974 were read. Mrs. Jackson stated that for their own protection, they should make the addition that after they adjourned, Mr. Barrett informed the Board that the City Council would not publish the map for public hearing. Mm. Barrett informed the members that he had some information on public hearings to present to the Board tonight. Mrs. Jackson then read the law in reference to MINUTES - REGULAR MEETING PLANNING & ZONING BOARD SEPTEMBER 24, 1974 PAGE TWO puhli¢~i-~o Mr. Barrett clarified that the City Manager said they were not going to advertise, bat he didn't think the City Council had voted on this. ¥~s. Jackson informed the members that when~ she was on the Comncil, the way she kept up with things was by reading~ the minutes. She thinks this should be added for their own protection. After the word "meeting", note that the record ran out ar~ we adjourned. After the adjournment, N~. Barrett informed the Board the Council had decided not to publish the map in advertising for a . Huckle questioned the reason for this a~d that it was too expensive, even though it was voted on last year. Mr. Rogers stated that he did not get a copy of these minutes and Mrs. Huckle gave him her read. Chairman Kostner stated that he would have a ~ copy made and make sure that he re- ceived a copy. ~. Barrett clarified again that he was in. error referring to the City in that the Mayor and City Manager indicated this. poSsibly the City sider it. them to publimh the mad that whether it was vot updating of the important to let it in the g~sted discus~ Jackson said she felt re~ will retort- this should Trauger sug- this Board urging it. under New is much too there is some money Kostner sug- Mr. Rogers then referred to the second page, stating that he had said the actions of the Planning & Zoning Board should not be based on what a developer wants for a piece of land. Mrs. Jackson moved to adopt the Minutes of the workshop meet- ing of September 10 as corrected. Mr. Rogers seconded the motion. Motion carried 4-0, with N~s. Huckle abstaiming since she was absent. The Minutes of the workshop meeting of September 16, 1974 were read. Chairman Kostner pointed out there was a typo- graphical error in stating the date of September 10. Mr. Rogers made the correction that Mr. Blacketer was listed as being present instead of him. Mrs. Huckle made a motion that the Minutes of the workshop meeting of September 16 be approved as corrected. Mrs. Jackson seconded the motion. Motion carried 4-0, with Chair- man Kost~er abstaining since he was not present. MINUTES - REGULAR MEETING tEJt~'NING & ZONING BOARD SEPTEMBER 24, 1974 PAGE THREE PUBLIC HEARING Parcel #1 - Abandonment of certain utility easements in Block 106 as it appears on the plat of the tenth sec- tion, Palm Beach Leisureville, recorded in Plat Book 30, Page 139, Palm Beach County Records, said easements mere particularly described as follows: Westerly 10 feet of Lots I, 6, 7, 8 amd 9 Southerly 10 feet of Lots 10, 11, 12, t3 and 14 Westerly and Easterly 5 feet of.Lot 14 Westerly 5 feet of Lot 13 Easterly 5 feet of Lot 11 Westerly 5 feet of Lot 10 Southerly 5 feet of Lot 8 Northerly 5 feet of Lot 7 Easterly 5 feet of Lots 2 and 5 Westerly 5 feet of Lots 3 and 4 Southerly 5 feet of Lots 4, 5 and 6 Northerly 5 .feet of Lots 1, 2 and 3 Applicant: Boynton West Development Corporation Represented by Rossi &Malavasi Engineers, Inc. Chairman K'ostner asked if any objectors were present and re- ceiwed no response. Mr. Enrico Rossi appeared before the Board and stated he was an engineer with Rossi & Malavasi. He informed the Board that on August 21, they petitioned the City for the abandonment of certain utility easements as described ia the petition. They also submitted letters to Florida Power & Light Company, Southern Bell and Tom Clark requesting informatiom whether they had use of these easements or whether they wo~d relin- quish use of these easements.. They have only received a re- Dly from Southern Bell stating they do not have any use for these easements. He added that Mrs. Rothmanhas also written letters to the various utility companies. He has not received a reply from FPL or Tom Clark. He does not know if the City has received a reply either. Mr. Barrett stated that he did not knew if the City had re- ceived any replies. He added that this Board in the past has ~ot acted om abandomment until letters are received amd ap- proved from the various utility companies. Mrs. Jackson added that possibly with. Mrs. Padgett on vacation, this in- formation was not given to the Board members. She noted that it was scheduled for public hearing before the City MINUTES - REGULAR MEETING PLANNING & ZONING BOARD SEPTEMBER 24, 1974 PAGE FOUR Council and she suggested they could possibly approve it subject to these letters being in their possession. Mr. Rossi showed the letter he received from Southern Bell to the Board members. Chairman Kostner questioned if cable television should be included and Mr. Barrett added Florida Utilities too. Mr. Rossi referred to the plat on~-record sC included Florida Power & Light Com- pany, Bell and the City, but did not include or exclude the others. He added that ~Irs. Rothman sent letters to all the utilities. Mr. Barrett stated that he would check on it tomorrow. Mr. Rossi then c~ntinued giving a background of the location, reasons, etc. Boynton West Development has a contract for the sale of 14 lots to the adjoining land owner, who happens to be the Baptist Church, and this is located at the north- east intersection of 23rd and Congress. One of the condi- tions of the sale is that these easements be abandoned, since they have no need for them. These include the utility ease- ments that abut the four acres of the church property. He then showed the members a vicinity sketch of Leisureville in relation to the other sections of the City. He pointed out the lots in question, which were outlined in black. There are 14 lots in question which immediately abut 'the four acre church property. These utility easements went along the rear or side lot lines, which only would be needed if they were developedinto residential lots. The request is to abandon these easements, so this sale can go through. Mrs. Huckle questioned whether road abandonment was involved and Mr. Rossi replied: no, just utility easements. Ne in- formed the Board that in order that the church people did not gain access to the private road, there was a provision sub- mitted by Boynto~ West to show a buffer completely aro~ud the new church site to prevent any access onto the Leisureville roads. Mr. Barrett added that the church wanted this for future expansion. They plan to go into there with a gravel base a~d hardy grass, which they could use for recreational activities through the week and for parking on Sunday. They do not plan shell rock or str~'ght gravel. He could see no objections. Chairman KOstner questioned what assurance the Board had with reference to this buffer? Mrs. Jackson re- plied that this did not have to do with the ab~mdonment and Mr. Barrett added that it was a stipulation between the buyer and seller. Mr. Rossi added that this would probably be con- sidered when the church presented its plans. Chairman Kostner pointed out that the road fronted on the lots i~ question and M~s. Jackson stated this wou~d come ~efore the Board at a later date when it was being developed. Mi~$ - REGULAR ~ETING ~NNING & ZONING BOA~ SE~MBER 24, 1974 PAGE F I~ Ns. Jackson moved to grant the abandonment of eassments ~.in Block 106, tenth section of Leis~eville, subject to the City obtaining letters stating there is no need for these ease- ments from Southern Bell, Florida Power & Light Company, the City and any other agencies that are necessary. Mrs. Hackle seconded the motion. Motion carried 4-0, with Mr. Rogers abSt~~ since Florida Power & Light Company was involved a~ he is employed bY same. Ralph Kelley, Drug~?Store Addition 2275 North Federal Highway Mr. Barrett showed the members the plans. He informed them that this would upgrade the whole front of the store too. The addition will be used as a regular drug store. Mrs. Huckle questioned if the parking requirements were met and ~ Mr. Barrett replied: yes. Mrs. Huckle moved to accept the site plan of the Drug Store Addition at 2275 North Federal Highway. Mrs. Jackson seconded the motion. Motion carried 5-0. 2. Ward Construction, United Federal Savings & Loan 2'89 North Congress Avenue Mr. Barrett showed the members the plans. M~s. Huckle ques- tioned how long this property has been in the City of Boynton Beach and Mr. Barrett informed her since 1964 or 1965. He added that it was brought in by Daffy with the piece across the street. Ym. Rogers questioned how long they planned to use the mobile home and Mr. Barrett informed him the permit was for one year, but could be renewed and this would possi- bly be there for two years. He then continued with explain- ing the road widening planned in this area. ~s. Huckle asked about the entrances planned and N~. Barrett pointed out the two access roads. He added that the County would probably want a holding lan~ too. ~. Rogers questioned if the site would be adequate when the right-of-way was taken off an~ Mr. Barrett replied that they had additional area and the bank is not too big. Mrs. Hackle moved to accept the site plan of Ward Con~true- tion for United Federal Savings & Loan at 289 North Congress Avenue. Col. Trauger seeDnded the motion. Motion carried 5-0. MINUT~ES - REGULAR MEETING PL.&NN_NG & ZONING BOARD SEPTEMBER 24, 1974 PAGE SE ADJOURNMENT hms. JacksOn moved t~?adjourn the regular meeting, seconded by Mrs. Hackle. Motion carried 5-0 and the meeting was pro- ~perly adjourned at 8:40 P.M. REGULAR ~ETING PLANNING AND ZONING BOARD September 24, 1974 AGENDA OLD BUSI~NrF~SS - ~'knutes of Previous meetings '" ' ' ' N~ BUS~~SS :.. Site Plan Review .' ~. . .... - Loan Ralph Kelley, Drug Store Addition 2275 North Federal Highway Ward Construction, United Federal Savings 289 North Congress Avenue . .