Minutes 08-16-73MINUTES OF THE PLANNING & ZONING BOARD MEETING HELD AT CITY
HALL, BOYNTON BEACH, FLORIDA, THURSDAY, AUGUST 16, 1973 AT
7:30 P.M.
PRESENT
Richard B. Vastine
L. R. Blacketer
Mrs. Marityn Huckle
Oris Walker
Col. Albert J. Wehrell
Joseph Kelly
Jack Barrett, Building Official
ABSENT
Fred J. Kostner
Chairman Vastine called the meeting to order at 7:30 P.M. and
announced that it was the regular meeting of the Planning &
Zoning Board. He took roll call by presenting the members of
the Board. He announced that M~. Kostner would not be present
as he was on vacation.
Chairman Vastine read the following agenda for the meeting:
1. Roll Call
2. Minutes of previous meetings
3. Communications
4. Consider proposal for changing meeting dates to
twice a month on the Second and Fourth Thursday.
5. Hear request of First Bank Shares of Florida,
Inc. for zoning after Council approval of annex-
ation zone under C-2.
6. Hear request of Mr. M~ckey Kraus.
7. Abandonment of streets and walkways at S.W. 15th
Avenue at 3rd Street of city property.~
8. Hear requests for site plan approval as presented
on separate agenda.
MINUTES
The minutes of the regular meeting of July 19 were read.
Col. Wehrell made a motion to accept the minutes as read and
recorded. Mr. Kelly seconded the motion. All voted in favor
and the motion was carried 6-0.
The minutes of the special meeting of August 2 were read.
It was noted that a correction was necessary in Paragraph 2.
Mr. Blacketer made a motion to approve the minutes with the
correction to be done by Mr. Barrett. ~. Kelly seconded
the motion. All voted in favor and the motion was carried
6-0.
MINUTES
PLANNING & ZONING BOARD
PAGE ~0
AUGUST 16, 1973
The minutes of the meeting of July 27 were read, which
was a continuation of the public hearing for Mr. Quinn. Mr.
Kelly made a motion to approve the minutes and it was seconded
by Mr. Blacketer. All voted in favor and the motion was car-
ried 6-0.
C OMMUN I C A T ! ONS
Chairman Vastine ascertained that the members each had
a copy of the letter dated August 4 from Mickey Kraus to pre-
sent a proposal and said it would be discussed according to
the agenda.
Chairman Vastine acknowledged receipt of a copy dated
August 1 of the breakdown of building permits for July, 1973
and ascertained that each member had a copy. He commended
the building official on the presentation of this report.
He added that it was very helpful to see the manner in which
the city is moving forward. He thanked M~. Barrett for the
help he has given the Board. He announced that the Board
has been working on a new zoning map and appreciated the
time the members have given to this.
Chairman Vastine addressed the members stating: I
would like to report to you that this afternoon, I met the
chairman of the Community Appearance Board and she would
like sometime in the very near future for the Planning &
Zoning Board, Technical Review Board, Community Appearance
Board and the Building Official to sit down and go over the
ordinances pertaining to our particular responsibilities to
make sure there is no overlapping of responsibilities. We
recognize that these people are working with us. Mr. Kelly
made a motion requesting that the Chairman arrange such a
meeting. It was seconded by Mrs. Huckle. Ail voted in
favor and the motion was carried 6-0.
#4 - ~ETING DATE CHANGE
Chairman Vastine asked for discussion in reference to
changing the meeting date from the third Thursday to. the
second and fourth Thursdays of the month. The reason is
that there is so much developing that requires constant
action. Mm. Walker announced that he would be unable to
attend meetings on the second and fourth Thursdays. ~.
Barrett said the meetings did not have to be on Thursday,
but should be in the second and fourth week so it falls
in line with other boards to present to the Council for
their meetings. The members discussed their availability
on other nights of the second and fourth weeks.
Mr. Kelly made a motion that the second and fourth
Wednesday of each month, beginning with September, be set
MINUTES
PLA~i~ING & ZONING BOARD
PAGE THREE
AUGUST 16, 1973
as their regular meeting nights. Mrs. Huckle seconded the
motion. All voted in favor and the motion was carried 6-0.
~ - FIRST BA~i SHA~S OF FLORI?A~__INC. REQUEST
Chairman Vastine reminded the audience that this Board
has no authority to enter a discussion about annexation, but
it is our intent to only consider zoning. The Council has
already stated their intention to annex this piece of prop-
erty.
Mr. Richard Harris stated his name and that he repre-
sented the firm of Scott, Burk & Royce, 450 Royal Palm Way,
Palm Beach. He introduced Mr. David McLaughlin, who will be
the president of the new bank. He showed the members the
site plan which was presented to the Council and which they
approved and had granted a special exception for the construc-
tion for a financial institution. The property is located
just north of State Road 804 on Congress Avenue. There is
considerable commercial development in the area on Congress
Avenue with two gas stations, a shopping center and another
shopping center being constructed. We are seeking that this
Board give the property a C-1 classification, if it is an-
nexed.
Mr. Walker asked if they were aware of Norman Michaels'
petition for a bank at Golfview and Congress? He also asked
if the application had been approved by both state and fed-
eral? Mr. McLaughlin replied that they are a nationally
chartered bank institution an~ have fulfilled all require-
ments. He was familiar with the application of a bank pro-
posed in the vicinity of Golfview and Congress by Mr. Norman
Michaels.
~. Barrett suggested a C-2 zoning classification. The
C-1 classification according to the present code would allow
a bank; however, if we go into a period of time, we would be
into the new zoning classification and a C-1 classification
under the new code would not allow a bank in that area. It
would eliminate problems in the future with the new zoning.
From the time of the first application until the building
permit is granted, a six to eight week period elapses and
possibly the new ordinance will be in effect. All we can
do is recommend zoning classification to the Council. From
the reason of the time element, I am suggesting C-2. The
members discussed fully with ~@. Harris, ~@. McLaughlin and
Mr. Barrett the zoning classification under the existing code
and the new code, the time element involved before the new
code would be effective and the date of having the building
in operation.
MINUTES
PLANNING & ZONING BOARD
RAGE FOUR
AtTGUST 16, 1973
Mrs. Huckle made a motion that we recommend to the City
Council that the application from First Bank Shares of
Florida, inc. be zoned C-1 under the current zoning regu-
lation. M~. Kelly seconded the motion, but with a slight
amendment that it is based on the property being annexed.
Since there was considerable previous discussion, Chairman
Vastine called for a roll call vote and the members voted
as follows:
_.,Mrs. Huckle - Yes
Mr. Blacketer - Yes
Col. Wehrell - Yes
Mr. Kelly - Yes
~. Walker - Yes
Mr. Vastine - Yes
Motion carried 6-0 for the recommendation to be C-I zoning.
Chairman Vastine added that he has studied annexation
very thoroughly and has noted that the Council has asked
the attorney for an opinion. I sincerely trust the Council
will not make any mistakes. The ordinance states that first
annexation must be made and then an ordinance for zoning
granted.
~6 - REQUEST OF M~. MICKE¥ ~i. RAUS
Mr. Mervil!e Kraus stated his name and his address as
75 Coral Drive and that he was the owner of the DeMarco prop-
erty. I purchased the property in August, 1972 and spoke to
~. Largent about developing it at that time. I was working
on a master plan and did not hurry to develop it. He showed
the Board his plans for the development. We are planning
to use 20.3% for the buildings, which is 119,200 square feet;
parking is 14.5%, which is 85,000 square feet; roads will be
11.5%, which is 67,800 square feet; and the l~udscaping will
be 53.~, which is 316,060 square feet. Tentatively~we are
calling this "Covered Tree Gardens". We are planning 132 two
bedroom units and 60 one bedroom units; there will be 14.2
units per acre. ~. Kelly remarked that the 14.2 units per
acre exceeded the density requirement. ~@. Kraus replied
that he wanted to keep the price within a range so people
could afford to bmy them. This was an adult condominium
development and there is competition nearby. Col. Wehrelt
questioned the zoning. Mr. Barrett informed them that one
portion was C-1 and one portion was R1AA. Col. Wehrell said
we must consider the question of rezoning in addition to the
density requirement. It is a nice plan, but these two pro-
blems are present. Chairman Vastine added that there was a
moratorium on rezoning and the density was controlled by
ordinance. M~. Barrett showed the Board the zoning map of
the area. The members discussed the development fully with
~. Kraus and also talked further about the density require-
ments and re-zoning the area.
MINUTES
PLANNING & ZONING BOARD
PAGE FIVE
AUGUST 16, 1973
Mx. Walker made a motion that no action be taken at
this time in reference to the application made by ~. Kraus.
It was seconded by ~J~s. Huck!e. Ail voted in favor and the
motion was carried 6-0.
#7 - ABENDONt~NT OF STREETS AND WAI~,~AYS AT S.W. 15TH AVE.
AT STREET
· ~ CITY PROPERTY
Chairman Vastine read the Notice of Public Hearing as
follows:
Parcel #1 - Road Reservation - The West 33 feet of the
~ ~ of the NE ~ of Section 33, Township
45 South, Range 43 East, Palm Beach County,
Florida, as shown on the Plat of MU_nicipal
Cemetery, Boynton Beach, Florida
AND
Walkways shown in Block A, according to
the Plat of Municipal Cemetery, Boynton
Beach, Florida, recorded in Plat Book 21
on Page 84, Public Records of Palm Beach
County, Florida
Applicant - City of Boynton Beach, Florida
Mr. Danny O'Brien stated his name and address as 2601
North Federal Highway and that he represented the City Ceme-
tery Board. When we platted Boynton Beach Memorial Park, we
also replatted part of the two cemetery plats on record to
realign roadways and walkways. The county attorney said the
roads would have to be abandoned through legal procedure.
This is just a legal question and before when the city aban-
doned something, the dedication was automatically abandoned.
Before going to the county, we must have city approval. It
will favor tha city with more gravesites if we abandon some
walkways and roadways. In order to expand the municipal
cemetery, this must be done. The attorney says the roadways
were reserved for the use of the public. The city must aban-
don its own roadways first.
Mr. Kelly made a motion that the Planning & Zoning Board
recommend to the City Council of Boynton Beach the abandon-
ment of Road Reservation - The West 33 feet of the h~y $ of the
NE ~ of Section 33, Township 45 South, Range 43 East~ Palm
Beach County, Florida, as shown on the Plat of Municipal
Cemetery~ Boynton Beach, Florida, and Walkways shown in Block
A, according to the Plat of Municipal Cemetery, Boynton Beach,
Florida, recorded in Plat Book 21 on Page 84, Public Records
of Palm Beach County, Florida. Col. Wehrell seconded the
motion. All voted in favor and it was carried 6-0.
MINUTES
PLANNING & ZONING BOARD
PAGE S tX
AUGUST 16, 1973
f¢8 - SITE PLA APPROVAL
No. 1 - Boynton Supply
Chairman Vastine asked Mx. Barrett if he had plans with
approval stamps. Mr. Barrett replied: No, the plans were
still with the Community Appes~ance Board. Chairman~Vastine
asked the members if they wanted to consider this request
since they had no official document.
~ Mss. Huckle made a motion that the request for Boynton
Supply be tabled, as we do not have the approval of other
boards. Mr. Walke~ seconded the motion and all voted in
favor. Motion carried 6-10.
No. 2 - St. Andrews Club (New Building)
4475 North Ocean Blvd.
Mr. Barrett presented the Board with plans. He advised
the members that the other boards had approved the plans.
Col. Wehrell made a motion that St. Andrews Club site
plan be approved. Mr. Walker seconded the motion smd all
voted in favor. Motion carried 6-0.
No. 3 - Dr. Scosick
301N.W. Second Avenue
Mr. Barrett presented the Board with plans.
~. Blacketer made a motion to approve Dr. Scosick's
plan and it was seconded by ~. K~elly. Ail voted in favor
and the motion was carried 6-0.
No. 4 - Terry-Tam Corporation
1340 Neptune Drive
M~. Barrett presented the members with plmus.
M~. Kelly made a motion that the site plan of Terry-Tam
Corporation be approved on the Condition that the stamp and
signature of the C.A.B. Board appears on the plans presented
to this Board this evening and that the chairman signs the
application for this plam. Col. Wehrell seconded the motion.
Ail voted in favor and the motion was carried 6-0.
No. 5 - Dr. Anthony Rascati
211N.E. Second Avenue
MINUTES
PLANNING & ZONING BOARD
PAGE SEVEN
AUGUST i6, 1973
M~. Barrett presented the m~mbers with plans. Chair-
man Vastine noted that the plans had the seal mud signature
of the C.A.B. on both the application and the drawing, and
also the signatures of the fire department and building de-
partment.
~M. Walker made a motion that the application be granted
to Dr. Rascati and it was seconded by Mr. Kelly. Ail voted
in favor and the motion was carried 6-0.
No. 6 - Ray Marzinkoski (Warehouse)
422 West Industrial Avenue
Mr. Barrett presented the Board with plans.
Col. Wehrell made a motion that the Ray Marzinkoski plans
be approved. It was seconded by M~s. Huckle and all voted in
favor. Motion carried 6-0.
No. 7 - Boynton Beach Fire Station #2
Congress Avenue
Mrs. Barrett presented the members with plans.
Mr. Blacketer made a motion that the Boynton Beach Fire
Station #2 site plan be approved on the condition that the
C.A.B. Board places their stamp on it and properly signs it.
Mr. Walker seconded the motion and all voted in favor. Motion
carried 6-0.
No. 8 - Sun Wah Restaurant
3010 South Federal Highway
Mr. Barrett informed the Board that they planned re-roof-
ing, remodelling the inside smd putting on an addition, but
that he would have to go to his office to get the plans.
The members discussed the necessity of stamping these plans
by the various boards designating their approval. Chairman
Vastine stated that according to the charter and ordinance~
these plans go to the Building Official, Technical Review
Board, Community Appearance Board and finally to us and our
minutes reflect our approval. He requested that a copy of
the minutes of this meeting be sent by mail to the Chairman
of the Community Appearance Board.
Mr. Barrett returned and presented the Board with the
plans.
MINUTES
PLANNING & ZONING BOARD
PAGE EIGHT
AUGUST 16, 1973
Col. Wehreli made a motion that the Sun Wah Restaurant
request for site plan approval be granted conditioned uoon
the stamp ~ad signature of the C.a.B. on both the landsCap-
ing design and application. Mr. Kelly seconded the motion.
All voted in favor and it was carried 6-0.
Mr. Barrett informed the members that he had asked the C.a.B.
to either reject or approve these plans. Chairman Vastine
added that he thought if this would pass onto all other
boards, departments, agencies, etc., that they initial or
stamp these ~lans. We should have one sheet to have signa-
tures in writing. We should have two seals, one from T.R.B.
and one from C.A.B., to be placed in appropriate spots, so
we can catch them first without leafing through all the plans.
Chairman Vastine stated that the Board sincerely appreciated
the advice from Jack Barrett and his cooperation in working
with them on the new zoning. He commended the members of
the Board for giving so much time and aporeCiated the time
spent.
.Chairman Vastine announced that the next workshop meetings
would be this Monday and ~ednesday. According to the motion
passed tonight, our next regular meeting will be Wednesday,
September ~2 and the following meeting will be Wednesday,
September 2g.
Chairman Vastine announced that the Board was glad to have
~. Walker back again and was sorry they had to go into
daylight meetings that he had to miss.
~'~. Walker made a motion to adjourn and it was seconded by
Mr. ~ie!ly. Meeting adjourned 9:25 P.M. ·
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