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Minutes 11-12-68MINUTES OF THE REGL~R PLANN~,!G AND ZONL~~ BOARD t"~ET~,Ifl HELD TUESDAY~ NOV~,~ER 12~ 1958~ AT '/.30 P.k. ~ CITY HASL~ BO~ON ~-~J~.~ R0b~r~' Olds ~ Chaircm3n Foy Ward Col. Alber~ Wehr~l! Leon Clou~e~ J~s ~a~p~e ~~ We~Z S~tey Weave~ S~_art Fttller~ Building Official ~. Olds Opened the meeting. Approval of Previous Mdnutes: Ph~. Weavar moved that %,~ dispense the ~ea~ and approval Of the previous mintrtes until they have time to read them. Seconded by Col Wehrell. Lkk~nimo~ly carried. Parcel No. 1: Lots 12 to 16 Incl, Block 15, Boynton Heights _Addition: Revised Plat, a subdivision as corded in Plat Book !0~ Page 64, Palm._ Beach County records. Request: R-i to Ru2 Location: 204-210 S. W. 1st Ave. ~mer: ~~t F. Yates Bill Ya~es, 208 S. W. !st Avenue came forward. We x~sh to ,make sores in~rovements on this proper~y. We ~hedced with the Building Inspecto~ and found we are in a non-ccmforming use, It is the S.W. Conuer of S.W. 1st Street and S. W. First Avenue. One block west of geacrest. Ail ground between Seacrest and our property is zoned R-2. It would not be considered spot zoning, but rather an extension of R~2 which is already ir. existence. The apartrent has been there fop quite some tine, lot 125' x 1~0' ~nd I do wish to have it rezoned so that I can get out of ~e nonconfor~_ng use. We have four apartments. They are about 12 or 1~ years old. We w~nt to put on a ca~po~t and overhang on the building on the South. We have o~med it for about three year~. Col W~hrell: i checked it and it is a very good looking ap~t building and in this area there are several other places of the same gener~ul type, and empty lots in the R-2 across the street. 1~. Olds: Is there anyone else in favor of this rezoning? No. Is there anyone against this rezoning? No. Col. Wehrel! moved ~at ~is change be granted. Seconded by Mr. Alpine. Unan~usly carried. Nm. Wertz: This is a -.case somewhat 1Lke we had not too long ago. A man who wanted to add a bedrock., and we turned it ck~n. We rec~n- ded to the Council to grant it on the variance. The Council did go ~head and d%ange ~e zoning at that time. I am not opposed to seeing -!- Minutes Piarnning $ Zoning Bo~d ~eT/ng November 12, 1968 this exception made ~ but what we need is a change iD. ou~ Ordinance cove~ing this type of situation rather than a change in zoning. M~. Weaver: If we g~ant This~ ~ are only extending it a little further. In the other one, we were in the commercial zone and that is why we did i~ the way we did at that time. M_~. We~tz: There should be some way to do this rathem than change the zoning. Parcel 5: Lots 8 g 9~ Pine Crest Ridge Subdivision, a sub- division as reco~d~din Pla~ Book 2b~ Page 1S8~ Palm Beach County records. Request: Location: Conditional Use (R-2Zone) for construction of Medical Clinic. !03 S.W. 26th Avenue Dr. Robert R. ~ad!und Robert C~iffith, Attorney representing Owner came forward. He advised they are plamnJaug to build an $85~000. structure and they feel it will lend to the use of what the zoning b~s shown for this area. Olds: Medical center only? Not a clinic or hospital? P~. GYiffith: Radiology treatment only. It ~!1 be the only Cobalt Facility between West Palm Beach and Fort Lauderdale. Mm. Olds: Patients will be referred to him by doctors end hospitals? M~. Griffith: Yes. Mr. Cloutier: Is that just NORI/q OF THE P~SENT Doctors' Clinic? Mm. C~iffi%h: Yes: just across the street on Seacrest. Mr. Olds: Traffic on Seacrest is getting heavier by the day, ~. Wet,z: How many parking spaces provided? ~. Fuller: There are over 18 off-street parking spaces. He has plenty of pa~P~ing spaces. P~. Olds: Read from the Zoning Ordinance. .any objectors to this request for rezco/ng? No. P~. Weavar moved that the conditional use be gra~ted under Ordinance No. 62-9. Seconded by Mr. Cloutier. I~animously Carried. -2- liinutes Planning g Zoning Board Meeting November 12, 1968 Parcel No. 2: West 75' of ~e East 412 Ft. + of Lot 3, Sam. Brown Jr. 's Subdivision, a subdivision as re- corded in Plat · Book 1, Page 81, Palm Beach Request: R-IA to R-2A Location: 628 Lakeside Harbor Applicant: Howard Stripling H~,;ard Stripling, Applicant, came forward. The lot in question I am in the process of purchasing from Mrs. Stewart. She is a wido~ woman ~nd when they purchased it, that ws~ 8 years ago, he was going to build a duplex, but he died before they could build it. There are duplexes on the property in the adjoining area now. Four or five duplexes all together and several cottages. F~. Weaver: Is it a dedicated street? ~-~. Stmipling: Yes. ~. Fuller: It is a private road, not a dedicated street. Olds: Anyone else in favor of this change in intoning? No. ;~nyone opposed to this change? Mr. J~mes Wernke, 617 Lakeside Harbor came fo~.;ard and stated he was strongly opposed to any ~nange in zoning on the street and that the residents of this street have paid to me~.~_ntain it. The duplex ~. Stripling mentioned next door, is a private home with rooms in the rear. The cottages he mentioned are in commercial, the rest of the street is private homes and they would like to keep it that way and don't want any spot zoning in tl~e area. l~. Henry Parpard, 631 Lakeside Harbor came fo~-~ard and stated he felt the same way I~. Wernke does~ and ssid he doesn't see why they should change it now. P~. Frank 5mnnett, 650 Las Palmas Park, the next street over, came forward and stated there are some very expensive homes on their street and he feels it would stay zoned the way it is. ~. Olds: I have two letters here, one from a Vms. Stewart and she is in favor of changing the zoning and P~s. Bu[h~em called City Hall today and she has no objections to changing the zoning. M~. Parpa~d can~ forward again and advised ~s. Buttner was one of the propemty owners ~o wanted it rezoned from residential to conmer- cial and Mrs. Stewar~ is the one who ~a~s the peice of proper~y. F~. Weaver: T~Js ~ould be spot zoning. R~nere is no R-2 next to it in any direction. It would be strictly spot zoning and zucon- sistent wi~ the policies of the Board. -3- ~Enutes Planning g Zoning Board ~eting November 123 1968 Mr. %~eaver moved that the request for rezoning be denied. Seconded by ~. Wertz. Unan~usly carried. Parcel No. 3: The South 1125 feet of SW 1/4 of },~,.~ 1/4 Section $, Township 46 South, Range 42 East, of Palm Beach County, lying East of C~gress Avenue a distance of l~00 feet ~ c~ntaining 24 acres, n~re om less. Request: Location Applicaut: R-LAAto M-1 East side of Congress Ave. at South City Limits. Ston~ont Realty, Inc. Clyde Wo~relt= representiug the owners, came forward. He stated that Stozm~nt Realty, Inc. has a conditional purchase contract on some 80 acres of property involved in this area 1125' from the NorTh and 902' to The South. There is a mistake in the part that is in the City~ there are only 24 acres in the City, the balance is in ~he Oounty. Eighty acres more om less in an industrial pa~k that we anticipate putting in there. Proper~y to the rea~ is County property, that is the area they are considering as South County Court House. It is on the railroad and has good access to a spu~ t~ack. ~. Olds: The only trucking outlet is by Congress Avenue? ~. ~br~el!: Yes. We are in the process of p!arzdng a building n~ and by the time 1970 comes~ when 1-95 is opened, ~ feel that Congress Avenue will be used as access road to 95 and we can get ou~ supplies from Miami on the turnpike. We feel it would be to ou~ advantage to have County pa~t amnexed to the City at the proper time. ~. Weaver: Can youget a permit for use of septic tanks and use of p~ivate )."tx,. %~rre!l: I oran get a permit for septic tank up to 2,000 gallons a day. When we were talking to Palm Beach. County, they looked at it favorably as ~ could hook up to the sewer system at a late~ date° M~. Wet, z: ~<,~at type of manufacturing? ~. ~rmell: We are contemplating the manufacture of an aluminum. struc~= a pool house. It will be built here and sold nationally. We feel that it is going to be quite a b~owir~ business and The in- vestment at this time is considerable in it success. I~en this parcel %~s being purchased there was a parcel in Delray being considered at the same time, The plan that you see is a tentative ~orking model of the plant that we are going to build and it would be our plant, facilities and office. ?ku Olds: Has it been considered for goi~% into the industrial area already in Boynton Bead~? M/nutes PZanning s zonin November 12, 1988 1,~. ~r~eli: There is a very limited area for this and we just felt it was not as good for the Lnvestment we had planned. I brave a ten- tative plen of the use we plan on putting into effect. %Ye will design these buildings and fabricate them here end they ~.~ll be sent to the area of construction from here, Yin. Olds: About 2~ acres in the City and the rest in the County. Mr. %~r~ell: We ~11 build to the reap of the proper~y and develop the front of it. }~. Olds: In the event you woulc%n't be able to get the propem zoning. in the County, whateve~ we do here would be of no use to you would it? PM. %brrell: I am not at liberty to say at this time. I don't actu- ally know. We are going to build om a piece of this propezWcy as soon as we get it rezoned, ~. Olds: Suppose the County wouldn't rezone it, then what would you do? M~. Wor~e~: If we had zoning in the City, we would build on the par~ in the City. M~. Weave~: How close does this lie to the proper~ that was w~itten up Sunday in the Miami Herald., having to do ~¢ith golf course, etc,? M~. Wor~ell: I don't kn~, I didn't see that. M~. Weaver: I am wondezdng if you are not adjoining it? ~,~. ~brrell: The part to the South of it is o~ed by the Del~ay Land Company Ltd., they own another 2300' to the South of ou~ properS, so that it would not be cc~tiguous to ou~ proper~¢. M~. Olds: I noticed there is a sign up there for ~bbile Homes. P~, %~r~ell: I think That was zoned for Mobile Homes a few years ago and it rever~ed back to ag~icultz~at proper~y, Olds: To g~t to _Woynton Beach, d~,a~ here in this par~, you would corns down Congress Avenue to 28rd? P~, Wor~ell: I wouldn't, I ,,,~uld come to 2nd Avenue from Congress. Coming from my home, I ~ould eom~ thru 15th Avenue, ~, Weaver: The proper~ on the North and the East belongs to the County and the City, The City has about 20 acres in ther~o It bras been proposed in the past that it be used fo~ public use. We hoped to get the County Annex there, but ~ didn't. ~. Olds: We are approximately across f~x~n ~imes? -5- Miuutes Planning g Zoning Board Meeting November 12, 1968 M~. Worrell: Directly opposite, We %~x~ldn't detract from the area, that is one thing, Mm. Olds: Are there any objectors? ~,'~. Watson, Plato Beach County Zoning Department, came fora, retd. I am not here as an objector, but to apprise you gentlemen as to ou~ position in this. We have received a petition to rezone the balance of the property. There is an error in the legal description of this property, our legals are also ~ong. This ~-~ll be resolved, I am sure. I am the director of the Planning and Zoning for ~e County and it is my duty to prepare a file for our zoning commission, and advise them of my perscmal opinion on all the facts we can oove~. There is considerable industrial zoning North and South of you. -There is one factor here that is very interesting and that is the mileage driven to work by people. In Palm Beach County and this includes the in- corporated municipalitieS, we have as of 1965, an increase of 10%, 8,395 acres, are already industrial zoned land and this is exclusive of Pratt $ Whitney. We have soma 800 or 900 acres developed industrial. Ou~ M-1 zoning requires fi%at any M-1 use must come before our Board fora approval. They would have to come before us regarding manu- facturing the enclosures. The size of this parcel, %f~ich is in our 90 acres, this we deem. as an industrial park and it has to meet all of our requirements, draiuage ere,. and health department requirements. If rezoned, it would have conditicms attached. We do not rezone the property until the conditions have been met. I am not here to object as I don't kg.?~ what our zoning commissic~ will do. On Congress~ Avenue, provide 10~' right-of-way, this ~ould necessarily have to he done. Discussion held. They ~t~1ow a developer of an indUstrial park to use a small portion of this and the rest will he leased out to our manufacturing concerns. We want to assure the people of Palm. Beach County that such a develop- ment will have the necessary roads and draiuage, etc. They would have to perfrom all obligations set foz~.h. ~. P~rtz: Do you have any idea when the County will take action on this? M~. Watson: Th~'.mr next meeting is December 7th. We have evezsrthing here but the legals do not include all the laud. Mr. Olds: Insomuch as we have a professional planner working on s~mething of our own, and I am sure that they would give us assistance, and since ~is is in the hands of the County, I would suggest this be tabled until the County makes their decision. X'~. Wertz: I would be reluctant to m~e a change in zoning to in- dustrial on this piece of property. -6- Minu~es Nove~Noer 12, 1968 Fir. Wertz moved that this ~matter be tabled until the Ommty has had enough time to act on their r~quest .mud m~tit ~ have enough time check with our professional planner, Seconded bY Mm~ Cloutier. Unanimously carried. Yin. Weaver: Evan though this abutts County prope~ and City limits at the same time, 34 acres is lar~e~ than otha~ industrial areas we have had in B?yn.t_o_n Beach heretofor. ,The discussion on the County req~rements zs ill~mttuatlng and possibly we need to do someth~ like that, in a metes end bounds you end up with a patchwork with no cchenent plan. We need to get something none definite than what we have nnless one industry will use the whole piece. Parcel No. g: That part of the W.167' of S162.5' of ~,~ 1/~ of SW 1/~ less ~ R/W, Ac. Sec. 22-~5-~3, lying East of C-2 zoning according to official zoning map of the City. Request: Location: Applicant: R-lA to C-2 710 North Federe] Morris B Simpson. Frank McGee, representing the owner, came forward. The zoning map of the City indicates that this proper~ was zoned in its entirety fo~ use as a restaurant. This was not correct, end the gentleman who owned the a~nt behind it, gave his approval of rezoning if they would put up a fence. It was with this understanding he gave his con- sent and we ~uld agree that it would be conditional in the rezoning. Mm. Weaver: The whole strip was, at one time, one piece of propemty. This frontage was sepamated off by ~. Bates. The zoning line follc~ed the other lot lines, consequently the discrepencies of These f~ feet came about on the piece of property in the front, tM. Stroshein, who owns the property in ~e back, told nm he consented to ldzis zoning also. Mr. Olds: I am in receipt of ~ letWoers that verify evezything that has been said so far. One is dated. October 17, from M~. Arnold Stroshein, Mcr~is Simpson wrote on the bottom of this letter stating. he would put a fence up if it w~s rezoned. ~. Stroshein also sent mu a letter venifyiug the fact that Mr. Simpson would put a fence on the properS, if he is able to get it rezoned. Mr. MCGee: Toppers Restaurant will be built here. Mr. 9~aver: ~ved that the request be gr~nted. Seconded by Mr, MacAlpine. Unanimously carried. At this point in the meeting, the representative from Leisureville came forward to advise the Board he had a copy of proposed Section #2 that the Board wanted to see and the overall l~,out of the plan for -7- PtLnutes 219 lots iu Section No. 2. He advised that scme of 15ue streets have been r~aligned and they have incorporated some of the loops as the ~oard wanted. Actually, he has thr~e different plans for 15th Avenue. The plans were thken to the tables for the Board to check over end discuss. No decisions were to be made on this Plat No. 2 tonight, just discussions. ~. Weaver moved that the meeting be adjourned. Seconded by Pbp. ~,~cAlpine. Unanimously ear~ied. F~eting adjourned at 9:00 P.M. Special meeting concerning Leisureville conducted and discussion held until 9: 30 P.M. ? / Olds, -8-