Minutes 02-03-70tv~'NIFfES OF ~F2 PLAN!'.~G BOARD MEEI'ING }~LD ~, FEB]RUARY 3, 1970,
7:30 P.M., CITY ][{ALL, BO~ BF.A~, FLORIDA.
PRESENT
Cylde Worretl
Jay Sarno
Rudolph Stanley
Robert Olds
John Howell
William Pku~maduke
Jack
ABSENT
Ray- Allen
Meeting was called to ordeP at 7:30 P.M. by the ~.cting Chairman, Clyde
WoI%~ll. Acting Cha{r~an introdueed the Board to the audience and
explained that since the Acting Temponar~ Chairman, }~. Sarno, was in-
volved in one of the parcels, }%P. %,br~ell would be Hcting as Chairman
for ~le evening.
}~. Sarno made motion to pass ~inutes to the meetings of December 8,
1969, December 15, 1969, and Januar~ 13, 1970. Motion seconded by
}~. Olds. Motion unanimously carried.
OLD Bb~INE$S VANGUARD DEVELDP~r,
This was a parnel ~ich had been tabled sometime ago. }7~. Sarno made
~tion to take this pamcel off the table; seconded by }~. Olds. }btion
carried.
Chairman called fora a ~epresentative of Vanguard Develotmmnt. None present
at that time. Mr. W~ll stated that he did not feel it would be fai~
to considem ~he paro~l without a representative for Vanguard Development
being present. He suggested that ~he meeiing move on to '~New Business:~
until s°meC~e representing Vanguard ax~ived.
5~4 BUS/}~SS
Parcel 1: The East half of Lot 12, Subdivision of Sec. 3~
To~-~ship ~5 South, Range ~3 East, Less the South
175 feet thereof, Palm Beach County.
Address: Comer S.W. ~d St. g ~olf Road
Request: R-1AA to R-3A
Use. Fou~ unit - one-story condominiums
Applicant High' Point Builders, Inc.
F~. Stanley Tare, President of High Point Builders, Inc., car~ forward
and stated to the interest of the Board tha~ the piece of proper~y under
ccmsideration was to be continuous To The southerly line of the Sections
of High Point alrea~ cons t~cted. He further stated Tha~ ~here would be
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~Z~nutes
Planning Board
February 3, 1970
no entrances or exits onto Golf Road from ~he pr~per~y, and ~hat all
buildings would face to ~he North (~his to take ~he ~affic off of
Golf Road. ) }~ also explained that the %Tpe of buildings and setbacks
would be the same as those of the presently constructed ~!igh Point. The
density of the proper~y was stated as the same as the other sections
of High Point alr~ady developed (7 ap~ts p~ acre).
MP. Howell and Mr. Stanley ~equested the present zc~ng of the pieces of
property to the East and to the %%st of the parcel. M~. Bar~ett stated
that it was zoned R-1AA.
Questic~s f~o_~ the audience wer~ called fo~. None brought forward.
~. Ca~ltc~, Engineer for ~i~% Point, came forward to explain that The
proposed development would be constructed inside a number of buffe~ areas,
in order to avoid a traffic hazard.
Chm{r~an called for opposition to the applicatien. 5;one
was stated that no letters of opposition had been sub~.~itted.
~. Stanley made ~otion that the request be allc~d. Seceded by
Olds. Cbm{~man oalled for any furthe~ discussion of the request,
D~. }.)~they came forward to state his opposition to the request~ he stated
that he felt this area is primarily ~esidential propez~y and that it
should be rez~ned for apartments.
1..~otion carTied: U in favor, opposed by MP. William Narmaduke.
OLD BUS~'~SS: VANGUARD ~PM~C, INC.
~. %~ite came forward ,- representing V~~ ~lo~t. He stated
~o ~e ~ ~d ~o ~e au~ ~a~ ~ had ~t ~d ~e ~ ~si~
of ~e s~~g ~ ~ op~ition ~o ~e z~g. }~ e~la~ned ~d
des~d fora ~e a~~ ~d ~e ~ ~ ~sted ~n~g of ~e
P~el, ~ %~11 ~ ~e ~n~ of ~e p~~ ~ ~e ~ ~d ~e
p~ed ~l~t. '
~. b~d~e ~ked l~. ~e' ~ ~e ~is of ~ of ~e ~velo~t
~d~ ~ ~need omon f~ ~, f~t se~d. ~. ~i~e
~p~ed ~at ~ ~d ~ ~l~d.
~. S~ ~ked if V~~ w~ ~ ~o s~ ~~cti~ of ~e p~~,
~ ~ ~ey ~ pl~g to ~1~ ~e p~~ ~ lay f~ s~ ~.
%'~ite s~d ~s~i~ %~d ~ st~ed ~ s~ ~ poss~le.
~. Wo~ll ~q~sted ~t I,~. !,~ite sh~ a ~u~ plm to ~e ~.
~. ~ite s~ed ~e pl~ ~ ~ ~, ~d ~l~ned l~on of
p~g, ~~s, l~eep~g, si~, ~,~ ~l~gs (offi~,
~~, etc. ). ""
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riinutes
Feb~,~?y 3, 1970
~. Olds asked if there were any through streets in the project. ~-~.
White stated no.
Mr. Wor~ell asked about reverter clauses. ~. ~%ite stated that he had
checked on this matter ~,~t2~ the City and l~here were no reverter clauses
and no utilities running through the properS. Tie further stated that
he had ocmsulted with the City and has based evez~ strictly on
City requirements.
Mr. Worrell called for questions from the Board. None were stated
this time. Chairman called for opposition to the Parcel.
Cecil Jc~es, '608 N. E. 2nd Street came forwar~ and stated that he was
against the zoning change because the increase of the density in the area
and the problem which would arise regarding the streets (6th Ave. ). He
came forward and shc~ed to ~e Board traffic problems regarding the
streets.
l~. White replied that the entmanee onto 6th and onto 9rd were flexible
and co%uld be re-ar~d, with both entrenoes c~lto ~d ST., etc.
At ~his time, the Board was reminded of a petition (72 signatures) which
had been submitted at an earlie~ meeting in opposition to this parcel.
~r objections were heard from the audienoe. Mr. 9~zite stated that
planned for the p.rpject (1-S.bedrooms, which ~ould be cut
down, depending upc~ City and building requirements. )
Density of the 'proper~y area was discussed.
~. Wor~ell read minutes of the meeting of December 1, 1969 and Decembe~
15, 1969- regamling the petition against the zc~. He then called for
fur*~p quesiions or discussicm.
~estion from the audience was asked regarding the heighth of the build-
ings. Mr. White stated that they would hot.be over~25' Ft..' in heigh~ a City
requirement.
Mr. Prye, mamber of the new proposed Zoning Board, asked the numbe~ of
signatures on the petition and hc~ many were of residents of the immediate
area of the proposed project. It was stated that there ~re 7~ sig-
natures (oor~ection of 7~ previously stated) smd all were residents in
the area to the proposed project.
Questicm was raised from the audience as TO whether Vanguard could be
made to build what they had submitted on the site plan.
Mr. Worrell explained that at the present time, the Board did n°t have
the autho~-ity to say ~hat was TO be put on l~e proper%y, afte~ the re-
zoning was granted. '
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Minutes
Fabruary 3, 1970
Chairman then called?or motion ~ranting or denying the request.
Mr. Marmadoke asked if the Board was to be concerned ~rith only the
zc~ing of ~]~e parcel.
~M. Worrell stated the Board's only alternatives ~re. to accept the
request, reject it, or table it for fu~e~ information.
M~. h~maduke asked if the public would still have the same privileges
after the Board voted to accept or reject the request; would they be
allowed ~o voice their objections when it went to the City Council for
consideration. Mr. Worrell stated yes.
M~. Sarno inter~eeted that in association with the workshop meeting wi~f~
M~. Dake, they, (the Planning g Zoning Board) ~e not ~o be concerned
with what was put cn the property, and that as the present City Plan
reads nc~4 applicants ~re not even required to submit a site plan to
obtain rezoning. He stated further, however, that the proposed new
Ymster Plan for the City had incorporated an ordinance to protect the
citizens of Boynt~n regarding site planning. 1,~5p. Sarno offered that
during a previous meeting~ a similar case had arose~ and under }~.
~Moore's interpretation, it was prefectly legal that the site plan be
signed and approved in the minutes to protect the citizens of Boynton
Beach.
M~. Howell asked if }~. %~ite ~ould be satisfied if the Board passed the
zoning conditional upon the development of the site plan and meeting
the requiremauts of F.~...A. with a time limit set.
M~. %hire replied that a time element would probably be objectionable to
Vanguard.
Mr. Wo~rell called for motion. Mr. Sarno made motion that the parcel
rezoning be g~auted, subject to Vanguard Corporation initialing the p~int,
plus or minus changes and confir~ that they are going to use F.~.A.
238 Type Development that does have in escrow, a fund for management
and that they meet with all requirements of the City of Boynton Beach
and the F.H.A. and have the preliminary plans initialed by ~. White
for l~g units. Motion seoonded by Mr. Olds-. }~. Olds stated he felt
it w~s a crime fora something to lay on the table fop as long. as this
parcel had.
Mr. Mmrmaduke asked what the next decision was, if this was approved.
Mr. Worrell stated that it was up to the City Council to approve, deny
or modify the rezoning. He fu~em stated That the City Council could
modify the density.
Mr. }~wnaduke asked if the public could still go to the Council and make
a plea agm~ust the rezoning. It was stated that they could Board was
reminded of the motion on the floom. Motion carried. ~ in favom,
Mr. Stanley abste_~ned, Mr, Marmaduke opposed. Request fora rezoning
grented. - ~ -
Minutes
F~ruary ~ 1970
2:
A part of the North 205 feet of the South 370 feet of
Govemmnt Lot 3, Section 22, Township 45 South, Range
~3 East, more particularly described as follows:
Conmmneing at the Northwest Comer of the North 205 Ft..
of the South 370 feet of said Government Lot 3; thence
run easterly along the North line of said portion of
Govt. Lot 3, a distance of 425.57 feet; thence in a
Southerly direc~cion at right angles to the preceding
course a distance of 128.0 feet' to the point of be-
ginning of the following described property; thence
continue in a southerly direction along the preceding
course a distance of 77.0 feet more or less to a point
in the North line of Lake Addition, as recorded in
Plat Book ll, Page 71, 2Palm Beach County, Florida
public records½ thence in a westerly direction along
said North line of Lake Addition a distance of 208.6 ft.
more or less to a point in the east right of way line of
U.S. Highway No. l, said point being iu a curve concave
to the Northwest; thence in a northerly direction along
said curve, said curve having a centrel angle of 1006'-45''
and a radius of 291~.93 feet, a distance of 56.60 feet to
a point of taugent; thence continue in a northerly
ection along said tangent a distance of 20.7~ feet; thence
in an easterly direction and parallel to said North line
of South 370. feet a distance of 201.30 feet more or less
to the point of beginning; less West 108.41 ft.
Request: R- 3 to C-1
Use: To build on to an existing cc~ne~al building
Address: lll4 North Federal Highway
Applicant: Gwendolyn Maloney
Representation in favor of the parcel called for by the Chairman. Mrs.
Maloney came forward and explained the location of the property aud her
plans.
Mr. Same asked, due to the fact that this had been turned down previously
by the Beard and the Council, if this was a reapplication. Mrs. Maloney
stated this was a reapplieation.
Mm. Sarno stated on behalf of Mrs. Maloney that she had not known before
that she was required to appea~ both before the Planning g Zoning Board
meeting and the Council hea~ing.
Chairman called for opposition to the rezoning reque~to None was stated.
Mrs. Maloney sta~ed that she owned ~e Motel next to ~he area ~d
for rezoning, ~ is Zoned R-~.
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l-k,. Bar,~l-~c explained to the Board that The fire rating was:involved
in buildings in eer~cain dist~noes from each oth_e~ and that he would h~ve
. '~ rese~ on 'this ma'~e~,.
Chairman requested that this be tabled due to the fact that a split
zoning was involved and ~uld' involve a spot zoning.
~,~. Sarno made moti°n that M~s. ~'kloney's application be tabled ~iith
reconmendation to the Council that it be referred back to the Board of
Adjustment. Reason being that when she purchased the proper~y, she had
- no knowledge ,that it was not to be used as a eom~z~ial endeavor.
seconded by ~. }bammduke. Chainm3n called fora discussion on questions
on this.: matter. None stated. ~.~tion unanimously carried.
P~i $: A paz~el of land in Seeticm 29~-T~.~ship gSSouth, Range
._ ~gEast, beginning at the intersection formed by the F~st
~i,~ht-of~ay line of Ccngress Avenue and the South might
of-way ]Jne of State Road S80~, run thence (1) North 87o
~ 5~'06" East, 200.~9 Ft. along the South might of way line
of State Road S80~ to a po~t in said might of way line
~' ~ ~. ~:..... run thence (2) South 0o57'06. East 200 ft, to a point; run
.......... ,. thence (3) South 87o5q'06,~ West 200,~9 ft, to a point.in the
East ~ight of way line of Con&~ess Avenue~ zun thenoe~ (~)
Noz~th 0°57, '29" West 200 ft, alon~ said East z~ight of-way
line of Congress Avenue to.the point and place of beginning~
'"' )7 ~':.' less the external area formed by a 25 ft, z~dius eu~ve-!yin~
between tangents~ at the Nozthwest Come~ of the above 'des-
c~bed premises ~ Pa/m Beach County~ Florida.
Address: S,E,Corne~ of ConE~ess Ave, 8 State Road 80~;-
Request: To allc~ Conditional Use fo~ Sez~ce Station-c_l Zone
Applicant: Sun Oil Co, any
Floyd Wor~hin ca~ fOrward representing sun Oil ~y,
~: ~bmll asked if z~, Woz~hm.was aware of .the City setbacks, etc,~ of
the City ordinances,
M~; Wo~thin stated that they (Sun Oil Company) had already e°nfo'rmed
to the City's req, t~_~ments, : ....
Chairman asked if the new ~ber~ of the Board were familia~ wi~_~h the' n~
zoning ordinances fo~ service stations, .- :.
F~. Bar~etr b~iefly went ove~ the ordinances fo~ the Boaz~, and explained
that the paz~al mat with all the city req~s.
~. Stanley asked if this had been issued a ~t at an ea~lie~ date,'
It was stated that it had not been.
P~. ~ submitted a picture of a proposed filling station, showing
landscape, location of pumps, etc,
Feb:ruar~ 3, 1970
Oppositic~ was called for. None was stated.
Fr, Bar~e~ requested tha~ voting be post/poned for a f~ ~es ~il
~. i~~e s~ated ~at he s~ ~-1/3 ~s ~e f~e ~q~d~
~ ~ f~ ~s ~d ~ ~e of o~ ~ s~a~io~.
~~ ~led fora ~i~, ~. F~~e ~e ~i~ fo~ ~v~;
~~d by ~, s~o. ~~ly ~ed.
~. ~ts 55~56~57,58~59~60 g 61~ ~ive~ ~ide
a~~g ~o ~e plat ~of ~ed ~ Plat ~k 8~
: ~' : P~ 57~ ~ ~e Offi~ of ~ ~e~ of ~ C~ ~ ~
~d fora P~ Bea~ CD~: ~o~ ~ss ~e West 6~. ~9 feet
of~ ~en ~as~d ~ ~e Sou~ l~e of ~s 58 ~ 61~ ~-
~~d ~ Plat ~k 8~ at P~e 57: p~lic ~~ of P~
' i
~o 61, ~ ~, whi~ lie ~ 50 fee~ Westerly of ~d
~ ~ ;~, ~ ~ feet E~terly of ~e ~e~e of S~ey acco~ ~o
~e ~t of way ~ of ~ction 9~010-2501, S~ate R~d S,
~?~ ~ filed ~ ~e Offi~ of ~e Cle~ of ~e C~t C~,
~,,~" ~. P~ ~a~ ~~ Fl~da; ~d less ~at ~ of ~d ~ ~8
~ of ~eside ~s ~i~ is ~cluded ~ ~%e e~e~ ~a
s~d ~ ~8 ~d ~g~ to a ~e ~3el ~o ~d 6~.~9 f~
E~terly of~ wh~ ~~d ~ong ~e So~ l~e of
Ad, ss: 262~ N. Fe~ ~ay
Reques~ To ~1~; C~~ ~e. for ~ler ~es C-1 ~.
Appear: ~Ds Hu~
~. Hu~ ~ f~;~ ~o s~a~e ~s p~e ~d plus f~ ~
offi~ w~ ~ ~ Ci~
~. ~~ sta~ed ~a~'it w~ ~ ~l~d ~ a C-1 Z~e. He ~ ~
Ci~ ~~ 6~-1~; ..
It w~ s~d ~ it had ~ ~ ~ a n~ ~d ~e ~~ ~
w~ W~te' s Bi~ F~.
Mm. H~e~ ~ed ~ ~er ~ wa~em fa~~s ~ ~fe~ ~ a
~~ offi~ ~ ~e p~f.
t~inutes
Planning Board
Feb~_~m~y 3, 1970
~. Bs~ett stated No s~.~r was availsble to t~e M~, ~Y water.
He ~d ~ ?'~. Hu~ ~d ~ to ~e appli~ for a septic t~
~m ~e P~ ~~nt.
Fro. ~on ~s~d ~at no ide~ ~ ~ ~t~ed f~ ~Y ~-
s~ion of offi~s ~ b~l~s.
P~. St~ey ~ked if ~e ~ we~ ~ted ~d Mr. Hu~ ~d ~ply
for a septic t~, ~ ~e~ ~ ~Y ~~ ~at ~e ~ He~
~~t ~o~d ~it a septic t~. It w~ sta~d ~at ~ ~ ~
O~i~ w~ c~led fora. ~!one w~ s~a~ed.
~. H~elI ~e ~ ~o ~t ~q~st of ~ti~ Use, su~ ~n-
~ti~ ~e w~ not ~fe~le ~d wo~d o~y ~ply to ~. Hudson's
o~~. ~ded by ~. S~o. ~~~ly ~ied.
P~l S: ~e No~t Co, em of U.S. Hi~way ~l ~d S.E.15th A~.
ha~g 175' of f~nt~ ~ U.S. ~l ~es~d ~ ~e ~te~
section of ~e e~tePly right of way l~e of U.S.~/1 ~d ~e
No~erly~ e~st~ r~t of w~ l~e of ~ 1S~ Ave., ~o~
the E~t~ly ri~t of way l~e of U.S.~'Jl ~ a M~erly
~~ to a ~t ~ ~e e~t~ly ri~t' of way ~e of
U.S. ~l, ~ E~terly ~o~ a l~e a ~st~ of l?S'
to a ~t, ~ Sou~erly ~ong a 1Lue a ~st~ of
to a ~t ~ ~e N~emly e~st~g ~t of way ~e of ~
1S~ Ave., ~ce Westemly ~ong ~e No~ly e~s~ug ~ht
of way ~e of ~ 1S~ AVe. a dist~ of l?S feet ba~ to
~e ~ of ~~g~
Address:
Request
Applicant
1520 So. Federal }MU
To all~,z conditional use for service station C-1Zone
Shell Oil Co.
M~. Robert Lumus, representing Shell Oil Company came fo~,Tard to state
that the plot plan was submitted' ~th th~ o~iginal'applieation. He
stated, as a matter of interest to the Board, ~hmt %here is approximately
8.8% under landscape, including a large Banyan tree which was to be left.
Mr. Barrett stated that he had looked at the plans and some minor
structural changes were to be made, but that they were very minoPo
Opposition to t~e parcel called fora.
I'~. F~ye stated that she felt the location of the station in reference
tO the bridge could be dangerous..
Mr. ~brrell stated that ~e Board could only base thei~ decision on %~at
they believed the State would allc~v.
-8-
~7
1970
Chairman called for n~)tion. Fir. Sarno made m~tion, Pk. Olds seconded.
Motion unanimously c~_~ied
Paroel. 6:
A certain pa~l of land lying in Tract A and B., Block 1
and 2, Palm Beach Farms Company, Plat 8, less right of way
for Congress Avenue ~nd Boynton Road and less right of way of
L.W.D.D. ~Canal number 24, Section 30, being mo~e particularly
described as follows; Star~ at the point of inter~ection
of the West right of way of Congress Avenue and North right of.
way of Boynton Road (S.R. 804) r~ 2f~ feet West along
said North right of way to a point; thence turn North and
r~g 164 feet to a point on the South right of way of
L.W.D.D. Canal 243 thence turn and run 200 feet East alc~g
ss~d canal right of way To a point, on the West right of
way of Congress Avenue; thence lnJrn and r~n South 164 feet
along said West right of way to the Point of beginning.
Address:
Request:
Applicant;
301 North Congress Avenue
M-1 Industrial to allow conditional use for
gasoline service station
Standard Oil Cor~any
M~. Lumus cams forward once again representing Stendard Oil and stated he
had submitted a lay-out and a revised lay-out, reason being the old
.lay,out had been submitted prior to the City ordinance chenge for service
stations. He then explained the structur~ to the Board and the audience,
~. Barrett stated that the proposed proper%7 meets with all requirements,
set~aCks, etc.
Mm. Sarno asked if ~he specifications were met by this ~. Mm.
~l-t confirmed that they were. Mm. $arno then asked how long after
Council's decision would construction be started.
Mr. Lumus stated within 6 months.
Mr. Barrett offered that the application was al~e~ in and the permits
had already been applied for, and that construction would have. to start
within 90 days.
Chairman called for motion. Motion was made by Mr. Howell; seconded by
Fr. Stanley. Unanimously carried.
Parcel 7:
Ordinance 70-1 attached.
Intent of Annexation - A peroal of land to~uted in
Secticn 5, Township 46 South, P~nnge 43 E~t,
P~lm Beach County, Florida. (Part description)
(Dynamics Corp. )
Mm. Wormell offered infc~mmtion regeaxling this matter,
not concern the Plar~ing Boamd.
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~-qinutes
Planning B~rd
February 3, 1970
F~. Olds n~de motion ~hat the Board formally approve this ordin~noe,
speei~.~e~31y stated by the. Planning. Bc~d. l'~. H~ell seconded. Motion
unanimously carried.
Parcel 8:
Ordinance 70-2 (fc~ Tempcr%~y Ch~J!man's Use}
Establishing Independent Zoning Ccm~ssion
This effective February 19, 1970.
It was suggested this be pc~tpcmed until ~. Allen was present.
Motion made by I'~. Sazrio to adjourn nmeting. Seconded by I~. Olds.
~. Wo~rell ree(~sr~ed ~hat a ~ of the Board be elected at the
nex~ meeting.
adjourned at 9:55 P.M.
lyde ~xm'eli, Acting Ch~~
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