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Minutes 11-27-73MINUTES OF THE ~LA~h~ & ZONI~G BOARD ~ETING H~LD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, NOVEmbER 27, 1973 AT 7:00 P.M. PRESENT Richard B. Vastine, Chairman Fred J. Kostner, Vice Chairman L. R. Blacketer Mrs. Marityn Huc~mle Col. Albert J. Wehrell Joseph Kelly Jack Barrett, Building Official Ernest G. Simon, City Attorney ABSENT Oris Walker Chairman Vastine welcomed the audience and called the meet- ing to order at 7:00 P.M. He introduced the members of the Board. Chairman Vastine announced the purpose of this meeting is a reguls~ meeting but because of circumstances for public hear- lng, which I will read to you, scheduled at 7:00 followed by the meeting at 7:30 of the Community Appearance Board. Chairman Vastine stated it was necessary to ask from the chair that a motion be made and approved dispensing with the reading of the ~r~nutes of the regul~ meeting of November 13 and spec- ial meeting of November 19. M~. Kelly made this motion as requested and it was seconded by M~. Blacketer. Motion car- ried 6-0. Chairm~u Vastine then read the following notice: NOTICE IS HEREBY G~fEN that PUBLIC HEARINGS wm_z be held on November a7, 1973 by the above Boynton Beach Boards at the times set forth above, in the Council Chambers, second floor, City Hall, ~20 N.E. 2nd Avenue, Boynton Beach, Florida, to review plans and specifications, including landscaping plans and zoning, for the following location: m~ne East 87~.20 ft. of the South 350 ft. of the N.W. ~ o~ the N.W. ~ of Section 16, Twp. 45S, Range 43E, Palm Beach County, Florida Address: 530 South Industrial Circle Applicant: Lehigh Portland Cement Company A PUBLIC HEARING will be held by the City Council of the City of Boynton Beach with respect to the above on Tuesday, Dec- ember 4, 1973~ at 8:00 Any person having any objection to the above, and all persons interested therein, shall present said objections at the above' stated meetings. Chairman Vastine announced that this notice had been sent to all interested parties. He stated for public information, some materials are essential to this particular meeting and any remarY~ will be made without prejudice. M!~¥~ TES PLANNING& ZONING BOARD PAGE NOVEMBER 27 , 1 973 Chairman Vasti~e then read the £ollowing memorandum dated November 6, 197~, which he received from ~. Barrett: Please be adVised that on October 10, 1973, the Tech- nical Review Board reviewed the plans for the proposed Ready Mix Plant by Lehigh Portland Cement Company. In essence this could be considered a preliminary re- view, because there are several provisos attached to the plan as submitted and in order to comply with these provisos, a new set of plans would be required. The Technical Review Board in its function did not re- view ~uything except the technical aspects of the plans sub- mitted and zoning was not discussed. Chairman Vastine announced that it was essential that this ~ ~' without prejudice, the state- Board present to the ~ub_mc, ment from Judge Downey dated July 27, 1973. Chairman Vas- tine then read the statement to the audience. Chairman Vastine stated that the Technical Review Board did look over the pl~s, but with no reference at all to the pro- per zoning. It is the opinion of this Board that we must be guided by Ordinance 73-38, which was passed by the City Council and became effective on October ~, ~973. Chairman Vastine armounced that he would like to present for the record a petition given to him by the City Clerk contain- ing 374 signat~&res in opposition to this plant. He stated he also had another petition dated October 19, 1973 signed by 159 petitioners stating their objections to this plant. He added he had two more petitions dated April 19, 1973, signed by 1,~43 petitioners in objection to this plant. Chairman Vastine then announced in conducting this evening's meeting, this Board is a hearing board and not a debating society. First people in favor of this application will be given an opportunity to speak and then people in opposition will be allowed to speak. Please give your name and address and cite your Opinion. Please keep in mind that we must give way to the Co~unity Appearance Bos~d~at 7:30. These peti- tions are very desirable in reference to the interest of time and those who have objected at prior meetings have been re- corded, we kindly request that you do not speak again, but give time to others. The Chair is about to entertain a re- quest for those who are in favor of this request for Lehigh Portland Cement Company and I believe it is advisable to recognize Attorney Smith from Lehigh Portland cement Company to make the first presentation. MINUT~ ~%ANNING & ZONING BO~.'.~RD PAGE TREE NOVEmbER 27, ~ 973 Mr. Burr Smith stated his name and that he was from the firm of Jones, Paine & Foster, West Palm Beach, and represented Lahigh Portland Cement Company. First, he asked: what rela- tion does this meeting have to the previous meeting of the Planning & Zoning Bos~d? Chairman Vastine replied: at the meeting of October ~0, the Board did discuss this matter and took action, but we discovered the action pre-empted a regular public hearing required by ordinance. ~. Smith continued that we are once again be£ore you and I am sure you are familiar with our proposed plans, as they have been before various boards of Boynton Beach. Lehigh ~ortland Cement Company wants to put a plant in an industrial park in M-~ zoning. We have presented this presentation to you previously. The Technical Review Board has indicated their approval with certain provisos, which we will meet since they are minor. Some points as requested by the Community Appearance Board will also be met. We will accommodate this plant to meet the criteria of these particular boards. We just want to put up an industrial plant in an industrial park in an industrial zone. Chairman Vastine stated that the major premise ms zoning. ~r. B!ackster stated that he did not agree. M~. Barrett clarified that this is an application for a building per- mit to build a concrete ba2ching plant. You are reviewing whether the zoning is correct for this particu!s~ applica- tion. M~. Blacketer asked if they were also reviewing plans for site plan approval? Mr. Barrett replied they should decide whether it 'was allowable under the existing M-1 zoning. Chairman Vastine replied that anything should be by the ordinance which was effective October 4. ~. Smith stated that Lehigh Portland Cement Company feels the proper con- sideration is not the existing zoning, but the original zoning. Mr. Kibiaser stated his name and his address as 2600 1st Lane and that he represented the people from Village Royale. Under M-I zoning, you k~ocked down Rinker and are you now going to allow Lehigh Portland? Is it legal? He then gave the Chairman a petition signed by 282 people pr~- testing this plant. Chairman Vastine replied that he was afraid the Chair could not rule on the legality of the ques- tion. Is it necessary to review the M-~ zoning ordinance? Attorney Simon replied that the Board had a number of things to consider: review the Technical Review Board's recommenda- tion, review the site plan and consider the zoning which ap- plies to this property. After you have allowed your public hearing and hear the people speaking for and against, you make your reco~mmendations to the City Council. Chairman Vastine asked if it would be desirable for the oub!ic to indicate the present ordinance? Attorney Simon suggested that the Bos~d keep in mind that this is a public hearing and the people in attendance want to be heard and if it will help for them to hear the ordinance, it can be read.. MINUTES PL~2~'NiNG & ZONING BO~D PAGE FOUR NOVEmbER 27, 1973 Chairman Vastine pointed out that the Community Appearance Board is to be heard at 7~30, with only a half hou~~ allowed for us to function. You have a right to be heard at the Community Appearance Board meeting and as soon as the Com- munity .Appearance Board meeting is finished, we will con- tinue and hear your requests. We will just recess. Mx. Kelly made a motion to declare a recess until the Cora- mun~vy Appearance Board is finished their meeting and it was seconded by Mr. Kostner. Motion carried 6-0. Meeting adjourned 7:30 P.M. Chairman Vastine called the official session of the Planning and Zoning Board back to order at 8:40 P.M. it was noted that Col. Wehrell did not attend this second session. Chairman Vastine announced that there was still an oppor- tunity for any to spes_k against or for this application. Those of you who wish to speak in our category may do so. We s~e first considering the site plan. We consider the site plan for recommendation to the City Council. This is the first time this Board has had a good chance to look at the site plan. M~s. Minnie Cohen stated her name and her address as Village Royale. She asked the Board if there was a special state- ment in the ordinance pertaining to a cement plant in the specified area? Chairman Vastine read the current ordinance 73-38, which is an amendment to the original ordinance and clearly states the uses permitted, and prohibited. He added that it was dated on September 4~ 1973 signed by the City Council and became effective October 4, 1973. Chairman Vastine slunounced that the Board must consider the site plan. This is the official public look at this plan. While Mr. Barrett is locating the plan~ anyone wishing to speak may do so at this time. I would like to suggest that anyone desiring to speak to please stand in line. Mrs. Weiss stated her name and her address as 2600 N.E. 1st Lane, Village Royale. This is our first experience in com- munity living. If they are not permitted, plans are set and everything is rolling and we are here to discuss things that are not even permitted. Chairman Vastine replied that nothing is rolling and we must look at the site plan. M~. Kostner continued that this is for a point of information. Please don't get the first impression that any action has been taken with reference to the site plan or zoning ordinance. This is the first time it is coming into review, After it MINUTES PLANNING & ZOOmiNG BOARD PAGE FIVE NOVEmbER 27, 1 973 is reviewed and considered and the Board considers the ordi- nance as of October 4, 1973 and all aspects at the order of the court and the matters I have oointed out, only then will the Board come up with a recommendation to the City Council. That will only be a recommendation and the City Council makes the final decision. Nothing will be passed at this time. Only recommendations will be made. By public hearing, the Board will review the site plan and I am never satisfied with one viewing of si2e plans of this magnitude and I must make a study to be sure of all the aspects of the plan. Chairman Vastine stated that in asmuch as this is a public hearing, a recommendation must be made to the City Council tonight. M~. Kostner replied- if I am not completely sat- isfied that I thoroughly understand the site plan as pre- sented, I would abstain from voting on that, but I am fs~mil- Jar with the ordinance and I will vote on that. M~ Jay Kay stated his name and his address as 2400 ~ ~ 1st Lane. ! would like to thank the Board for the oppor- tunity to speak to you. I am new in this area. We moved here from North ~s~i Beach because of the density and pollu- tion there. ~e s~e sure the amendment speaks for itself and certainly feel you will defeat this plan. When M~. Smith represents a firm from West Palm Beach, what do they k~ow about Boynton Beach? When you see trucY~ rolling around and dust emitting, it causes pollution. ~. Hy Weinstein stated his name and his address as 2400 N.E. ~st Lane Are you actua!~y thinking ~ ~ ~ ' - aoo~v makmng a recommen- dation for something that cannot be even placed in this area? Why do you even have to see the site plan when the amendment prohibits it? The plans are for Boynton Beach and why should you even look at plans? tt would be against the law to ap- prove it. Chairman Vastine replied that this Board only recom- mends. ~. ~elly added that he didn't kmow where this gentle- m~m got the idea we are going to recommend. Mr. ~einstein replied that they should not even have to consider it since it is against it. ~. Kelly replied they had a duty by law. Mr. Weinstein asked: what are you supposed to reco~end, something that is against the law? You have no right to do it either way. The amendment states it should not be. ~. Blacketer stated that one thing I am sure this gentleman does not understand is that the courts directed it and we must do ito Dr. Peter Bryon stated his name and his address as 2600 N.E. 1st Lane. Looking at it from a medical point of view, I would like an analysis of the air from the site to ~ of a mile to where I live. I would like this done scientifically. l~llNU li!~S PL~2'[NiNG & ZONING BOARD PAGE S ~ NOVE~,~ER 27, 1 973 Many people live there with bronchitis, etc. and this will be detrimental to their health being so close. Mr. Barrett replied that he was s~re that nobody on this Bos~d, the Technical Review Board nor the Pollution Control Bos~d could give this answer. They have not defined it by mile- age. M~. Irving Dubin stated his name and his address as Village Royale. The newspapers came out with a story that Rinker is definitely through and they now have to get out. The City Council did not give them the right to rebuild their olant. The ordinance was decl~ed rule and they couldn't get it and why is Lehigh Portland Cement Company now trying? M~. Lawrence Lucas stated his name and his address as High Point Villas. In response to what the doctor said about po~uzmon and ~. Barrett stated he couldn't actually state the a_mount of pollution, I also have a home in the eastern end of Long Island and the prevailing_ winds tne_e'~ ~ are from the southwest and a cement mixing plant was put up approxi- mately ~½ miles from my home. They manufacture approximately 500 cubic ys~ds per day for a small development that is going up. Each morning when i come out of the house, I hsfze to wash my car off as it is covered with concrete dust. I had the dust ~ualyzed to find out what it was. I am now 1½ miles from this site and i am aware of the pollution. Chairman ~a~tmne anno'~uced he would like to take another look in public of this site plan. ~inether you are for or against~ it is good for the city to have participation of the people, which is democracy at work. The members looked at the plans. Chairman Vastine requested that before accepting any motion that the Board consider Paragraph 31-t6.1 of the City charter, which he read. At this particular time, Z am going to ask if there is smy dis- cussion by members of the Board in an informal matter. Mr. Kelly thanked the Chairman for the opportunity to express his opinions on this matter. I feel a lot of unnecesssa~y time has been spent here tonight. We have reviewed the site plan tonight~ but I think we are wasting a lot of time be- cause the application tonight covers a subject that is speci- fically prohibitive. I would deny this application as it iS specifically prohibited in Ordinance 73-38. I'~s. Huckle s~at~d she had no rems~ks to make at this time ~. Kostner stated that at the recent meeting of the Board in conjunction with Lehigh Portland Cement Company which was found to be in error since it was not properly amv~rtmsed~ MINUTES T~T,^~?~,~TW~ & ZONING BOARD ~AGE SEVEN NOVEI,,~ER 27, 1973 I stated my reason which was that I had to be guided by the recent ordinance passed as of October 4, 1973. I have had many other reservations. When I came to Boynton Beach, it was a city of elderly people, mostly retired and because the people are elderly, many have respiratory problems. Any plant that emits dust of any kind would be detrimental. Even though provisions have been made to eliminate dust, an inspector would have to be there day and night. Noises by truct~ going day and night around the clock would not be good for the citizens of Boynton Beach. Even in view of these, I still must be guided by the ordinance in effect. i feel very badly that this had to come up in Boynton Beach, but it is not the type that would lend itself to a large plant of this type. M~. Biacketer stated he had nothing to say at this time. Chairman Vastine stated that the Chair refrains from making aH remarks at this time also. M~. Kostner made a motion that by reason of the ordinance passed as of October 4, 1973 which prohibits specifically brick, concrete and cement manufactu~ or ready-mix plants, I therefore recommend that this application be denied. M~. Kelly seconded the motion. Chairman Vastine requested a roll call vote and it was taken as follows: ~. Kostner - Yes ~s. Huckle - Yes M~. Kelly - Yes Mr. Blacketer - No Mr. Vastine - Yes Motion carried 4-~. Chairman Vastine asked if there were any additional matters to be discussed and received no response. He thanked the attorney, the representatives from Lehigh Portland Cement Company and the audience for being present. M~. Kostner made a motion to adjourn and it was seconded by · ~ ~ ' ' ~L~ Kelly. M~eting adjourned 9.30 P.