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Minutes 03-05-73SPECIAL M~ETING 0F ~HE PLANNING AND ZONING BOARD--MARCH 5, 1973 Pre sent: Robert Olds, Chairman Richard Vastine, ~ice Ohairman Mrs. Marilyn Huckle Loren Blacketer Col. Albert Wehrell Fred KoStner The Meeting, called to order by Mr. 01ds, Chairman,~at 7:30 F,M. was declared a Special Meeting rather than a workshop. ~. Olds stated there were no minutes to be read~. Mr. Olds read an opinion by City Attorney ~rnes~ Simon, on the necessary action to be taken regarding Charter World. The copy was not signed and since Mr.Largent called Mr.01ds stating he was ill and would not be present, the original, signed copy was not available. Mr. Vastine asked if the matter was open for discussion. He read a portion of the August 28,1972 minutes regarding the zoning of 0hatter World and stated there was nothing further mentioned in official minutes that any action was taken by the Board. it is on the Agenda for the Council meeting tomorrow night. Mr. Vastine stated that when there is an annexation of agri- cultural land it comes~ into the City under the highest zoning. Mr. Vastine made a motion that the Planning and Zoning Board recommend to the Council of the City of Boynton Beach~ that the recommendation is that the property known as Charter World be zoned E1AA. This was seconded by Col. Wehrell, who stated he wanted to hear what Chapter 31 code was, to be familiar with it and the provisions of the City of Boynton Beach Charter. Chapter 31-1 was read by Mr. Vastine. Mrs. Huckle asked to be directed to that part of the Charter regarding annexation of new land not already zoned and how it was to be zoned. Mr. Vastine read Section 21-~5-33, paragraph 32. Mrs. Huckle asked, when it was annexed what was its present condition, was it unzoned? Col. Wehrell stated,in view of Mr. Simon's directive, they must assume that i~ is unzoned and they were being asked to zone it. Absent: Orris Walker Robert R. Largent, City Planner MINUTES SPECIAL ~EETING PLANNING & ZONING BOARD ~CH 5, 1~73 Mr. Kostner said he was in on the minutes in question regard- ing the annexation which the Board was considering, and Mr. Ewing's recommendation was baaed on the fact that the proper zoning would follow. Since it has come back to us, it was not zoned at that time and I think the Council cor~idered it and aske~ this Board to zone it. Mr. Kostner stated,there is a motion and I wou~d like to make an amendment to that motion. There is a Holiday Inn on Congress and it is my feeling we should zone the N.E. corner general commercial C1, also the L shaped property rezoned to general commercial and all the remaining property,as recom- mended by Mrs. Vastine, RIAA. ~ ~ ~ ~,~ ~ ~~ ~J~ Y~' '~~~ '~'~'~_~ the. City Planner. Col. Wehrell seconded the mo~ion, s~a~ng recommends Cl,it is unzoned. Mr. Blacketer asked if it was stated it was not zoned. Mr. 01ds read a portion of the August 28, 1972 minutes regard- ing the zoning of Palmland. Mr. Blacketer asked the Chairman to read Section 2 and the Legal Notice~ which was read by Mr. Olds. Mr. Blacketer asked what it meant and if it was adopted. Ool. Wehrell stated he did not think it has been aaopted yet. Mr. Blacketer stated,in Ohapter 31 we could rezone this prop- erty any way we want to now. Mrs. Huckle said that is why sae asked if there was any way to treat any new annexed land. Mr. Vastine said when you go from agricultural, you go to t~e next highest zoning,which is RIAA. He read Section 31-3. Mr. Kostner referred to the latest proposed map of the City Pla~mer and said they should consider it,since it is a large tract and there should be provisions for stores, etc. in the area. He urged them to consider it. Col. Wehrell stated taere had been plans galore,but nothing happens. Just becaus~ a Planner suggests something does not m~an it must be accepted. Mrs. Huckle stated the map ~ust reflects Mr. Largent~s sug- gestions and if the zoning was accepted in Mr.Largent's absence they would not know what he [~tended. This is a fu- turistic look, we need his verbal recommendation to it. The whole parcel should come in a zone and then consider as to its purpose and intent. -2- MIh~TES SPECIAL M~ETING PLAN~NG & ZONING BOARD MARCH 5, 1973 Mr. Kostner stated this was a recommending Board and it was up to the Council to make the i'inal decision. It leaves a choice to the Council~not just RIAA, It gives the Council a~ idea of our thinking. I think you should adopt my amenm- merit to the motion. Mr. 01ds suggested they go back to the motion and have a discussion. Mrs. Huckle asked if they were zoning or rezoning, there were no specified codes,it referred to a map. Col. Wehrell agreed that they were zoning it as rezoning was out of the question due to a moratorium. Mr. Vastine ask~,~ for a roll call vote. Mr. Olds stated -you have heard the motion. Mr. Blacketer~ I vote No. Mrs. Huckle: I vote Yes. Mr. Vastine: I vote Zes. Col. Wehrell: I vote Yes. Mr. Olds: I vote No. Mr. Kostner: I vote No. Mr. Olds stated -tie vote. Mr. Dwight E. Wardlaw, Director of Engineering for Palmland Development Oorp., referred to item O regarding the zoning and state~ there is a law s~it pending against the 0ity and~ Charter World by five people, one is the Mayor. He does not think it is advisable to take any action until that has been judicated. It has been round and round and now it has to be legal action. They thought they did it properly, even amend- ing the height when they found it was a ~5' li~it. Mr. Wardlaw read a letter from Mrs.Padgett dated November 10, 1972, to which Ordinance 72 was attached. In the meantime, the Mayor and four other people instituted suit, he said,and it has not been adjudicated. He referred to the petty politics in Boynton Begch, stating he personally resents it as the Director of mngineerin~ for Palmland~ and this will be resolved even if it means going to court. As to tying in the sewer and water, they will be willing to give a sewer and water plant with no cost to the City. -3- MINUTES SPECI~Z5 MEETING PLANNING & ZONING BOARD~ MARCH 5, 1993 Mr. Kostner stated he would like to remind Mr. Wardlaw that this was a recommendation Board and his remarks were oUt of Mr. Wardlaw apologized. Mr. Olds state~ that anyone can speak, that is what it takes to make an open meeting. Mr. Vastine moved that the original motion made be recon- sidered. Col. wehrell seconded. The vote was ~ to 2 with Mr. Olds and Mr. Blacketer voting No. Mr. Blacketer stated the reason he voted against it was there were too many questions unanswered to vote yes. Mrs. Huckle agreed that there were many unanswered questions. She could not find anything directing them to the nature of the property. It is very vague. Mr. Olds stated he read Article O and it is still vague. A discussion was held on Mr. Simon's opinion, and on Para- graph D. Mr. Vastine stated he agreed with Mr. Kostner in that they have gone through two experiences and cannot come up with a firm recommendation. There was a 3 to 3 deadlock on this problem. Mrs. Huckle asked if it was possible to £inm any other class- ification that would be a better suggestion than they had. Mt. Olds stated he was sure if it went,Palmland would be back and would ask for a change in zoning. In other words, start with the basic and they would come back later and ask for changes. Mrs. Huckle said it is unzoned and they are asking for us to zone it. Mr. Vastine asked if they would be willing to accept another motion and rescind the .original motion. This was done and seconded by Mr. Kostner,but since the original motion was not passed this was not necessary. Y~. Vastine made a motion that the property known as Charter World be recommended to the City Council as zoned RIAA. Col. Wehrell seconded that this be the recommendation to the Council. . MINUTES ~ G SPECIAL ~ETING PLAi~IN & ZONING BOARD MARCH 5~ 1~73 Mr. Blacketer asked if this includes the 998 acres. Mr. Olds stated-~the entire parcel". ~r. Kostner reminded them that there is a moratorium on changing the zoning. Mt. Olds asked for the vote on t~e motion and the recommendation was carried 5 to 1. Mr. Blacketer voted ~o. ~. Vastine moved that the Special Meeting of the Planning and~ Zoning Board be adjourned~ 8:45 P.M. Col. Wehrell seconded the motion. -5-