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MInutes 08-13-74 (2)MINUTES OF THE WORKSHOP MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, AUGUST 13, 1974 PRESENT Fred J. Kostner, Chairma~ Joseph Kelly, Vice ~airman Oris Walker Mrs. Emily Jackson Col. Walter M. Trauger Jack Barrett, B~ilding Official Warren Bushne~, Deputy Bldg~ Official John Rogers Mrs. Marily~ Huckle (Arrived 8:30 P.M.) Chairman Kostner called the workshop meeting to Order at 7:56 P. M. Chairman Kostner announced the matter to be taken up would Be the proposed new zoning map for the City of Boynton Beach. You have the blown-up proposed and existing maps before you. He thi~d~s it is a real step forward. Some questions have been proposed in regard to certain areas which merit further con- si~eration. At the last workshop meeting, some members were not able to attend and for the benefit of these members, he stated he would like Mr. Barrett to bring them up to date. Mr. Barrett stated it was largely as they proposed, except for several areas. He first referred to an area on the east side of the north end of Uo $. I, which is completely isolated. He would like them to consider changing this zoning from R-3 to C-1. This would provide a good buffer for areas sitting behind ito The new C-1 prohibits stores, but allows offices and professional buildings. Ne feels it would be usable in that area. Mr. Kelly referred to their previous meeting and stated they discussed the fact of possibly inserting under C-1, Uses Permitted, multi-family dwellings. Mr. Barrett agreed and added that some of these parcels are owned and zoned R-3 all the way through to the highway. Chairman Kostner referred to the previous meeting and stated the members were pretty well agreeable that it~would be advisable to follow Mr. Barrett's suggestion. It would provide a buffer and prevent small stores that we are not interested im having along the highway. ~hair~Kostner continued that he be the best use attributed to the use of this land. Mr. Barrett then showed this area on the map. Mrs. Jackson remarked that she was not quite sure she liked the idea of changing it. She believed there should not be more than one story buildings on the highway. ¢olo Trauger questioned the h$~ght limitation and Mr. Barrett replied 25 feet. Mr. Barrett stated they could go ahead with C-1 and if there was desire to expand to R-3, there would be a zoning application. Mr. Kelly read the official zoning regulations MINUTES - WORKSHOP MEETING PLANNING & ZONING BOARD PAGE nO AUGUST 13, 1974 setting the height at 25 feet, limited to 2 stories in C-1 zoning. The minimum width a~d minimum depth requires 9,000 square feet. It means the minimum lot would cost $60,000. Chairman Kostner thanked him for this information and re- quested comments from other members of the Board. Mr. Walker stated he had no comment and was familiar with the area and would recommend C-1. Mr. Barrett stated they were going to have to make a slight change in the Code as it is written or limit it as stated and take application for rezoning. Col. Trauger questioned which would be easier and i~. Barrett explained if they allowed multi-family, it would have to come b~fore this Board for review and if it was rezened, it would have to come b~fore this Board and they have control. Mrs. Jackson stated it is C-1, it would be a proper buffer for zoning in back of it. Mr. Kelly stated he felt they shoed leave it at C-I. Col. Trauger made a motion to accept the recommendation of Mr. Barrett in reference to the strip on the east side of North Federal Nighway beginning north of B~ynton Canal to Lakeside Narber designated m~der ~ old code as C-1 to be designated as the new C-t on the map. Mrs. Jackson seconded the motion. Under discussion, Mr. Barrett clarified that the current zoning is C-1 which is limited commercial, but in looking it ever, he thought they isolated this north area a~d should consider it for the new C-1 zoning. Mr. Kelly added that they changed the recommended proposed R-3 to the new C-1. Motion carried 6-0. Mr. Barrett the~ referred to a parcel in the south end which was designated as ¢-1. It is too small to do anything with. There is an existing service station, which probably won't phase out within five years. He suggested changing this to C-3 to correspond with the adjoining C-3o Chairma~ Kostner questioned if this was the McLean Service Statio~ and Mr. Barrett replied: yes, but it won't affect him. Chairman Kostner asked if the present zoning was C-! and Mr. Barrett replied; yes, but it is not adequate, ghair- man Kostner asked what C-3 permitted and ~. Kelly read the proposed C-3 classification on Page 33 of the Official Zoning Regulations from Uses Permitted under #14, service stations without major repairs, but including car repairs. Mr. Walker qmestioned if he was actually recommending changing from the existing C-1 to C-3 and ~. Kelly replied: yes, it is spot zoning. Mr. Walker asked why they chose that particular spot and Mr. Kelly replied that he lives in that area and that little spot where the gas station has been for years ha~ been grandfathered no matter what classification is MINUTES - WORKSHOP ~ETING PLANNING & ZONING BOARD PAGE THREE AUGUST 13, 1974 applied. Homes nearby have never objected. Mrs~ Jackson added that there is business just south of it too. Mr. Barrett pointed out that just south of it, they are pro- posing a C-1 area buffering a residential mone. Chairman Kostner suggested that Mr. Barrett go into the matter of uses that would come under the new C-3 zoning and it would then possibly be a little easier for the mem- bers to comprehend. Mr. Barrett explained without major repairs, they had talked about saying m~jor repairs which included transmission overhauls, differential overhauls, etc., but m~nor repairs could be included. We have to de- fine in the zoning book the difference ~tween major and minor repairs. Chairman Kostner added that the purpose of this whole thing is that the question came up that u~der certain zoning restrictions, a gasoline operator could not exist just selling gasoline and that is why it was considered for this particular station. Mr. Barrett pointed out that there is no definition in the current zoning book designat- ing what is a major and minor repair~ Mr. Kelly stated he thought it was essential for this Board to clarify just exactly what is meant. We should be very specific on what we mean in reference to major repairs. Mrs. Jackson agreed, stating in Connecticut, it is done by state law. Mr. Kelly recommended~at Mr. Barrett be asked to go ahead with the compilation of definite ~ses. Mrs. Jackson added she thought they should list the prohibitive uses as well as permitted uses. Mr. Barrett stated he was ready to add what is stated as major and minor repairs. Mr. Kelly made a motion that the present parcel of property, Lot 47 Boynton Isles, be changed from its present C-t zoning to the new C-3 proposed zoning. Mrs. Jackson seconded the motion. Motion carried 6-0. Chairman Kostner added that this was carried with the understanding that a more correct def~..~ition with respect to major a~d minor repairs wilt be covered in the proposed zoning ordinance. M~. Barrett referred to the~ side of 23rd Avenue between the railroad ~d Seacrest to the area which is~A and the question of having Alfredo's or The Cellar on the corner. This is grandfathered there and we could stay with the R-lA. The area is developed with single family homes. He stated he would like the Board to consider whether it should be changed to R-2, asking them to ~ear in mind that R-2 is single family and duplex. Chairman Kostner stated he h~d given this a great deal of thought since their last workshop meeting last Friday. He MINUTES - WORKSHOP MEETING ~NING & ZONING BOARD PAGE FOUR AUGUST 13, 1974 drove through that area and there are nice homes there. He came to the definite conclusion that it should not Be changed and should be left as it is. If someone wa~ts to come i~ and apply for a duDlex, he felt they should have to apply. Mrs. Jack, on stated that she agreed. Mr. Barrett pointed out that he was referring just to the area along 23rd Avenue. Mr. Kelly stated that he also went there a~d there are at least 15 to 16 homes along there. He questioned the adva~.tage of ¢.hangi~g it to R-2 an~ Mr. Barrett replied that it'~t~ould be a heavily traveled artery. He added they could leave the natural change co.me around. Mrs. Jack, on agreed they should leave it as it is, as there are not enoch R-lA areas a~yw~. Mr. Kelly remarked they should let nature take its course. Chairman Kostner stated he thought they would be doing an injustice to the people living there to make a change in that area. ~. Kelly also pointed out that there were ~ot any lots there that could be used for a R-2 structure. Mr. Barrett ~tated that he only wanted to question this. Mr. Barrett referred to the creation of a R-IAAA classifica- tion a~d stated they found out they didn't have any lots meeting the R-1AAA requirements. Mr. Kelly read Page 19 stating the requirements for R-1AAA zoning. Mr. Barrett stated they didn't hav~ lots that were adequate to fit in this zoning, even though they created it. He s~gested eliminating the P.U.D. in a certain area and designating it R-1AAA for a holding area. Mr. Rogers questioned what they gained by using this as a holding area and Mr. Barrett replied nothing much, but they must come in and apply for a zoning change. We must assign it to some area and this is a holding area. Mrs. Jackson remarked this was a beautiful area with the canals for R-1A~ zoning. Mr. Barrett stated he thought there would be plans presented for a PUD area there. Mrs. Jackson made a motion to change this particular P.U.D. area to R-1AAA zoning. Mr. Walker seconded the motion. Motion carried 6-0. M~s. Jack, on referred to the property at S.~. 23rd and Con- gress in Golfview Harbor a~d questioned the C-2 zoning there.~~p~ She stated that when Lei~ureville first came in as a P.U.D., there was some discussion and Golfview Harbor wanted homes along there. She stated she would like to see this C-2 kept as R-1AA zoning. There is the shopping center at the end of Leisureville. ~. Barrett stated they designated certain areas C-2 for neighborhood shopping centers, C-3 for community shopping centers and C-4 for general shopping ~reas. This was pro- posed as a neighborhood shopping center, since there are MINU~$ - ~JORESHOP ~ET!NG ~ANNiNG & ZON~G BOARD PAGE FIVE AUGUST 13, 1974 none in this neighborhood and should serve as a convenience for this neighborhood. A foot bridge has been proposed across the canal to reach this area. Mrs. Jackson replied that she was aware of this. This was not the pa~t considered in the court case. The people have the Leisureville shopping center and feel this should be left at R-1A~. Mr. Barrett replied that the foot bridge entered into the court case, but this did not. Another Planning & Zoning Beard discussed this foot bridge to serve this area. He added that he was just trying to bring out the facts. Mr. Wialker added he thought there was an application pending for a bank in that particu- lar spot. Mr. Kelly questioned the distance from S.~. 23rd to 804 and Congress and Mr. Barrett replied about 3 miles, but Mrs. Jackson stated it was 2-3/4 miles because she had clocked it. Mr. Kelly stated he didn't know whether she was expressing the views of the Golfview Harbor people, but that he would not want to walk that distance to the other stores. Mrs. Jackson remarked that she didn't know of any people in Golf- view Harbor that were walking there and ~. Kelly questioned the purpose of the foot bridge then. He also pointed out that Charter World will be in this same area. He stated he had heard people from Golfview Harbor stating they would like better class stores right in this area. Mrs. Jackson pointed out that another shopping mall was also planned. She added that the foot bridge he referred to was what the Planning & Zoning Board wanted and not the people in Golfview Harbor wanted. Let the people come and express their opinions when a change is applied for. Col. Trauger stated he didn't know much about this area and whether there is a need for a shopping area. Mr. Rogers stated he was concerned why this parcel was as large as it is and questioned the possibility of reducing the size of the C-2 zoning. Mr. Barrett informed him that the size is about 500 feet. Mr. Walker stated he thought this area was too hazardo~ for R-IAA zoning. He believed about two years back, a commercial development was planned for that area. He believed Mr. ~Michael worked this out with some of these home owners. We agreed then to leave it there for future commer- cial development. He was in favor of some type of commercial area. Mr. Kelly stated he agreed with Mr. Walker. You have an 8,000 square ft. lot area minimum and eventually 23rd Ave. is going to be widened and with the traffic on Congress Ave., it would not make much sense to continue the R-1AA zoning. Mrs. Jackson referred to a little parcel along the railroad and suggested leaving that at R-1AA or possibly compromise and make that R-2. She just didn,t feel it was fair to the people in. Leisureville after they changed their plans. MINUTES - WORE~SHOP MEETING PLANNING & ZONING BOARD PAGE SIX AUGUST 13, 1 974 Mss. Huckle arrived at this time and Chairman Kostner welcomed her. He informed her about the discussion that was tsaking place. He stated possibly they had overlooked that this is a very heavy residential area designated R-1AA with a buffer area of R-3. You have the proposed homesites west of Con- gress Avenue all along there also. There are many elderly people living in Leisureville and Golfview Harbor and with the cost of gas, people are going to be prone to do a little more walking or bicycling than in the past. He believes it would be a benefit to this area to have stores nearby. He thinks it is a convenience that you will find people usimg more and more. He feels they should leave it as C-2 at the present time and feels it would benefit the people. Mrs. Jackson requested that the property be pointed out where the malls were proposed. Mr. Barrett stated they were possi- Bly not aware that a church site was right in this area and the church is talking about buying adjoiming lots for other church uses. Mr. Kelly pointed out they only had one objec- tion and oneccomment and he agreed with both. You are going to have a lot of families coming into the area and feels this C-2 will be beneficial :to everyone there. Mrs. Huckle questioned the current zoning and Mr. Barrett in- formed her i~ was R-1AA. She then asked if it belonged to Golfview Harbor and Mr. Barrett informed her that it belongs to Mr. Michaels. All of Golfview Harbor was originally zoned R-1AA. Mrs. Huckle questioned if he or the people had indi- cated they wanted a shopping center there and i~. Barrett replied he believed Mr. Michaels planned a shopping center there. He talked to the old zoning board about this amd provided a foot bridge. Mrs. Jackson stated he was asked this time and again during the la~ suit and he replied he did not have any plans. Mr. Walker stated that he did come to the Planning & Zoning Board before and he closed some roads for the apartments. Mrs. Huckle questioned why they~ were worrying so much about this little piece. She suggested leaving it as it was cur- rently zoned and let the man apply if he wants. Mrs. Jack- son said this is what she suggested. Chairman Kostner stated this wasn't the point at all. What we are trying to do is to show, a map showing access and comfort for the people living here. This area is heavy residential and the nearest place to shop is Boynton Road at the Leisureville Shopping Center, which is approximately 3 miles. By designating at this time an area that can provide neighborhood shopping for all the people in that area, he thinks we will be doing these people a real favor giving them something to look forward to. Many people living here are elderly people that do not prefer to MINUTES - WORKSHOP ~TING PLANNING & ZONING BOARD PAGE SEVEN AUGUST 13, 1974 drive. He is just interested in serving the people who live here. Ma~y people in Leisureville will appreciate this. Mr. Kelly added that Leisureville is preparing the land down to 23rd and will have a lot more people. Mr. Kelly then referred to Mrs. Jackson's suggestion of zon- ing R-2 and read the definitions for this zoning. He stated it would not be economically feasible to consider this for a R-2 classification. Mrs. Huckle asked what Mr. Barrett rec- ommended and Mr. Barrett informed her they talked about this originally and decided to let the Board decide. This was the old Planning & Zoning Beard's recommendation. She then asked if he felt the same way and he replied: yes. Mrs. Jackson referred Back four or five years ago when Mr. Michaels came to a .Planning & Zoning Board meeting and he stated it should be this way and that is why it was zoned this way. This is the way he wanted it. Mr. Rogers stated he still felt this parcel was excessive for this zoning. He agrees with the need for a small shop- ping center there. What concerns him are t~e homes on the other side of that canal. The east boundary of that zoning should not extend beyond the residential homes. Mrs. Jack- son remarked that if this comes to a hearing, she thinks they are going to hear some hollering from the people in Golfview Harbor. Mr. Kelly answered that remained to Be seen. Our purpose as a zoning board is to recommend the best use of the land, taking into consideration to do the people the most good. Everybody doesn't have a car. Mrs. Jackson stated that Golfview Harbor is ms~e up of mostly younger people. Mr. Kelly disagreed. Mrs.~Jacksom remarked that the playground equipment they bought is for nothing them. Mr. Barrett informed them that there were quite a few children in the newer section. They are buying the play- ground equipment for the clubhouse. F~s. Jackson said they should find out from the people living in the area what they want and they should leave it as it is and let them object. Mrs. Huckle questioned the size of the parcel and Mr. Kelly informed her it was about 400 feet. Mr. Barrett then counted the lots and informed them it was about 1,O00 feet. Mrs. Huckle asked the depth and M~. Barrett replied: 210 feet. ~. Rogers said they were then talking about 1,000 by 350 feet roughly. Mr. Barrett disagreed stating there were I05 ft. lots in there and they are back to back with the street in front. Mr. Kelly questioned the coloring noted for the buffer east of Congress and Mr. Barrett informed him it was the old R-2A assigned by the courts that he had to apply. Chairman Kostner asked where the foot bridge was planned and Mr. Barrett showed him, opposite 14th Street. MINUTES - WOR~HOP ~TING ~ANNING & ZONING BOARD PAGE EIGHT AUGUST 13, 1 974 Mrs. Huckle questioned if this would be similar to the Vil- lager Shopping Center and Mr. Barrett showed both areas. He pointed out that the Villager should not have gone in there. It is not deep enough~ for proper egress and ingress. Nr. Kelly made a motion that the piece of property at the soutkeast corner ef Congress and 23rd Avenue be recommended to the City Council ss the proposed zoning of C-2 as indi- cated on the map, whiChm they have discussed at great length tonight'. Mr. Walker seconded the motion. A roll call vote was taken as follows: ~rs. Jack, on - No Col. Trauger - No Mr. Rogers - No Mrs. Huckle - No Mr. Walker - Aye Mr. Kelly - Aye Chairman Kostner - Aye Motion defeated 4-3. Mrs. Jackson made a motion that when this parcel at the south- ~a~t corner of Congress and 23rd Avenue is presented to Coun- cil that it be presented as R-1AA; the C-2 designation on the map ~Le be classified as R-1AA to coincide with reg~rds of Golfview Harbor, with the exception of the buffer zone on the newly proposed map. Mrs. Huck~e seconded the motion. A ~oll call vote was taken as follows: Mr. Kelly - No Mrs. Jackson - Yes Col. Trauger - Yes Mr. Rogers - No ~. Walker - No Mrs. Huckle - Yes Chairman Kostner - No Motion defeated 4-3. Mr. Walker stated he would go along with a compromise. He could not vote for a R-1AA at that corner as it is too hazard- ous, but would go along with possibly extending the R-3 buffer. ~ir. Barrett pointed out that there were two single family lots in there. Chairman Kostner requested each member to check what was covered under R-3 to see if it would be applicab~&e for that small strip of land. Mr. Kelly read this.~classifi- cation on Page 26. Mrs. Jackson remarked she didn't think anything was wrong with this. ~. Kelly questioned if the people of Golfview Harbor would like a motel or hotel there? MINUTES - WORKSHOP MEETING ~/fNING & ZONING BOARD PAGE NINE AUGUST 13 , t 974 Mr. Barrett pointed out that R-3A limited it strictly to residential and this was applied by the court order. Mr. Walker proposed R-IAA for the strip o~ the west and. recom- mended C-2 or R-3 on the other part. Chairman Kostner stated he recognized the meri~ in Mr. Walker's suggestion; however, in all uses permitted under R-3, he thought it%~would be Better to keep that part C-2. Mrs. Huckle stated she couldn't see the value in putting a R-3 on that corner'Secause eventually it will want to go to commercial use. She continued that her biggest reluctanc~ for C-2 for that larger piece would be that it extends too far into the residential section. She will go along with it, if it is reduced. She does not see any use for R-3. Mr. Walker made a motioa to extend the line where Mr. Barrett noted to 23rd, the right of the line to be recommended for R-1AA zoning and to the left to be recommended for C-2 zoning. Mrs. Huckle seconded the motion. Under discussion, Mr. Barrett stated it would be the westward 8 lots. Motion carried 7-0. Mr. Barrett asked if there were any questions and Col. Trauger asked what was M-1 and he replied: light i~dustrial. Mrs. Jackson ma4e a motion to adjourn, seconded by Mr. Walker. Motion carrie~ 7-0 and the meeting was properly adjourned at 9:25 P. M.