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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. · /