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Minutes 02-09-67~INUTES OF PLANNinG AND ZONING NOARD ~TING, HELD IN CITY HALL, BOYNTON B~CH, FLORIDA, FEBRUARY 9, 1967 AT 7:30 P. M. Robert Olds, Vice Chairman Maynard ~.~ert z Eugene Cooper Albert ~Yehrell Harold Blanchette, Building Inspector ABSENT: Stanley I~eaver Julian Patrick Mr. Olds ca~ed the meeting to order at 7:30 P. M. MINUTES Mr. Olds read the minutes of the regular meeting of the Planning and Zoning Board held January 5, 1967. There were no corrections. ~ir. I'~ertz moved that the minutes be accepted, ~fr. Cooper seconded and it w~s carried 4-0. OLD BUSIneSS Fred G. Benson Lots 20 & 21, Pence Subdivision #1, Block A Request: Rezone C-1 to C-2, Filling Station v~lth major reload_rs. (see sketch colored orange) '~r. ~,Yehrell moved to remove the request from the table. ~r. Cooper seconded and it was carried ~-0; ~. ~ertz moved that the request be denied because this is definitely considered spot zoning. I~. ~ehrell seconded ~ud it was carried ~-0. N~Y BUSIk~SS Parcel No. l. Erwin J. ~.~estphal & Lydia Westphal N318.5' of S½ of S~ Quarter of the S~¼ of 27-~5-~3 E, ly W of Canal r/w less r/w Fla Inland Nav. Dist. Request: Rezone R-1AA to R-3A (condon~ui~uzs) See Crosshatch. Mr. Erwiu J. ~estphal, o~.mer of the above-mentioned property, came forward to speak in behalf of the request. He stated the property was presently zoned R-1AA, and because of what waa.~ppening in that area, he did not feel this was suitable zoning for it. He said going back to the time when he purchased his property, they just had C-1 zoning on the front of this property. At the time Lee Manor Isles -1- PLA~ING ~J~D ZONING BOARD F~ETING FEBRUARY 9, 1967 was being developed in 1956 the lots were sold out by the original developer by 1959. The people ~%o purchased the property at that time did not know what that property was going to be used for. Lee ~Lanor Isles ~s developed in 1956 and then they built some homes there. There were 32 lots in Lee Manor Isles. Since 1956 to the present time, there have been only ll homes built in that sub,division, ns there have been no homes built in the past five to six years. There is also another development, Boynton' Isles, which has 77 lots in it and there are still 49 vacant lots. He stated about three or four years ago there were three homes built by a contractor who had quite a problem trying to sell these homes. He said there are 49 vacant lots in Boynton Isles and 21 vacant lots in Lee Manor Isles at the present t~e. He said if their property were to be used for the same purpose as the Lee:~nor Isles property, there would be some additional lots d_u there, and he said it was not helpir~ the city of Boynton Beach for this property to be lying idle. He said that since they bought this property, they had a master zoniug plan put into effect which zoned it R-1AA but they did not know what vms going to happen. Since then, there has been a bridge built across 15th Avenue; there has been a shopping center started about three and years ago, it is practically sold out right now. He stated this board at the January meeting approved C-1 zoning on that entire tract, and it came up to the City Council last Monday, and the it for Cl. The people of Lee ~'kuor Isles did not like C-1 near there. He stated the people who were interested in buying at that time ~nted zoning R-3A but this board saw fit theft it was not enough area to do a good job for that type of zoning. Then these people asked if they would increase it to 150' and it ~s brought before the board, but there was no action taken on it. They then went to work and tried to purchase his property and the property adJo~ing 15th Avenue, as they were going to build a shopping center which would be a high type shopping center. The Lotto property was then considered, but council kept tabling it and then they decided to buy some property ~ Georgia which cost a considerable amount of money. He stated he felt if their property ~muld be used for what it is zoned for right now, it will just lie idle from now on. He further stated the experience '~hey have had in the past five to eight years has not been good for residential in that area. He cited ~'~...~~ .... ~G~-'~iens~" ~ ~ ~_~s~ ' developed, and in a little over 2 years they have sold 236 units. They are now develop~ Sterling Village and are going to build 800 units there. At that. rate, it will be sold out by the end o~ the year. He said he does have a purchaser for this property, to be used for condominium property and if this would be changed to proper Zoning, that property would act as a buffer bet~-~en 15th Avenue and Lee Manor Isles. He said he felt there were a certain amount of people who would be happy to live Where there are apartments. Mr.. Olds asked if there was anyone who wished to speak in opposition to the request. -2- MINUTES PLANNING ~) ZONING BOARD ~'~ETING FEBRUARY 9, 1967 Mr. Olds then stated he had iu his possession a petition signed by the Lee Manor Protective Association, which he read aloud~ Kenneth J. Horton, Attorney-at-Law, 606 Lucerne Avenue, Lake ~orth, came forv~rd stating he represented the Lee Manor Protective Association regarding this matter. In his speech to the Planning and Zoning Board, he requested that the following things be done: 1. T~t the Master Plan be up-dated and that it is consistent with the future of this community. 2. He suggested this area should be plotted, and assume its proper position as far as the t~x situation is concerned. He further stated the application that is before this board states clearly that the property description must be there aud a scaled sketch must be attached, and that the application cannot be considered v~thout a sketch. He said when he came to City Hall to ex~mine the record on behalf of his client, he could find no sketch or at least none was sho~.~ to him. He said according to State Statuate 176.O6 people within 500' to the affected area have a right to express their written objection and if they do (20% of them),this has an affect on the ultimate decision about rezoning. He said tD~t according to the record he ~has seen at City Hall, this has not been e~ctly complied with as people ~thin 300' and not 500' v~re so notified. He said there is one area right along the high~y near Mr. ~estohal's property which is zoned C-1 commercial. If in the process of loodaing through a master plan, the plotting and the rest of the matters considering the future of your community, then also consider whether or not not only the portion of the property that is east of the C-1 area should be zoned R-3A, but that the entire thing might very well be zoned R-3A, and whether or not, if the portion of the property east of the C-1 areas is zoned R-3A, whether there are accesses involved in condominium~ dwellings. He asked them to look to the future of the commnnity of Boynton Beach before making a decision in this matter. M~. Lowrey, a resident of Lee Manor Isles, came for~rd to speak in opposition to the request. He stated he camde to Boynton Beach seven years ago from Holland, Michigan, and that he ~s given the under- standing at the time he purchased his home here that this area would remain residential. He further stated he has approximately $70,000 invested Lu his home in Lee Manor Isles at the present time, and that they like it there. He said he felt they have enough condomLniums and enough ~arracks type" dwellings in this town at the present time. In conclusion, he stated for the sake of the community he felt they would be making a mistake to eliminate their last first class community. -3- ¥ffNUTES PLanNING A~U) ZONING BOARD IV~ETING FEBRUARY 9, 1967 Dr. Daniel Secondure, c~e forward to speak in opposition to the request. He stated he received no notification and he lived ~ithin 500' of this property in question. He urged the Planning and Zoning Board members to give this serious consideration and thought. He asked them to think ahead 15 years from now and try to visualize what PLmmphire Gardens will be like then. He said he was told this area vas going to be a highly important residential section. Mr. Anthony Light, a resident of Lee Manor Isles, came forward to speak in opposition to the request. He said when he purchased his home he thought they were buying in a first class residential district in Boynton Beach which would never be changed. He said they would be heart broken if this would be changed. ~. I~ehrell stated he had definite opinions about the area along the waterway. He said he had hoped to get on this board, Unfortunately, they'now have Sterling Village, Hampshire Gardens and they also have several other areas that have been zoned other than what they were intended to be, ~ich is in the last analysis breaking face with the people of Boynton Isles and Lee Manor Isles. He said he felt they were thinking about today, about the money that might come in under taxes and they should be thinking about lO or 15 years from now instead. ~'M. ~fehrell moved that this request be denied, seconded by ~r. Cooper and it was passed 3-1. ~.'~. ~ertz abstained from voting. ~. ~$ertz related it had been poiuted out that the master plan is somewhat out-dated, but this board in the past year and even longer than that, has petitioned for up-dating of the master plan. At the time there was no plmu for the bridge at 15th Avenue on the intracoastal. He asked them to look at some of the streets in Delray Beach - 8th Avenue and Atlantic Avenue v~ich are heavily traveled areas. These roads, because of the traffic they carry have been zoned commercial. Looking ahead, you can expect this v~ll happen in Boynton Beach also. This board did dem~ that request because it was the feeling of the board that the property ovmers should be protected. It did not allow a considerable buffer zone adjacent to Lee Manor Isles, and, therefore, this board requested it be turned down. He said he felt they do hoverer, have to look to the future. He further stated they do not expect funds to up-date the master plan for at least two years. He stated as a member of the board, they do have to look at the facts as they are and look into the future as far as they can see. He said he felt that a substantial buffer zone such as a condominium would be the best solution between Lee ~mor Isles and what eventually will be commercial. -4- MI~JTES PLtNNING AND ZONING BOARD FEBRUARY 9, 1967 Parcel No. 2. James ~'~alter Metz, Jr. Beg @ Inter ~{.r/w li Sescrest Blvd & No li of Tract 14 of S/D 33-~5-43; th Sh~ alg S.r/w Li 272.39', Th ~Y at R/A 419.69', th E. alg Nli Tr 14,500.29 to POB. Also known as Lots l&2 unrecorded plat. Request: Rezone R-1AA to R-2. (Professional offices) see crosshatch. ~-~. Olds stated he had been notified by phone tonight that ~r. Metz would not be able to be here tonight. Mr. Olds then related he had a letter of protest addressed to the Planning and Zoning Beard, dated February 6, 1967, v~ich contained 16 names of close neighbors who were opposed to it. ~· ~{ehrell made a motion that this request be tabled until the next regular meeting. ~. ~ertz seconded and it was passed 4-0. Great Neck Communities S.E. cor SI~ 15th Ave & Interstate 95 r/w Request- rezone Review. Mr. Olds pointed out that ~. Es~lbri~t's request was turned down because they thought it v~s a little premature, and that they cannot give it to one on one side of the street and not give it to the other one. He stated ~.~. ~Yohlleb, Chairunan of the Planning and Zoning Board, at the last regular meetLng of City Council, had said he felt they sho~uld change the gasoline ordinance to read that at an interchange of an interstate highway, more specifically 1-95, that service stations be allowed on each corner of the interchange within 200' of the outermost boundries. He said he felt it was a good place for a service station, and that when you attract service stations of this type of development, you ~.~ill also attract motel~ of a high-class type such as Holiday Inn, etc. Mr. Jay Sarno came forward stating this would enable them to proceed with their plans for the sub-division west of High Point. He related he felt the change should be granted within 200' of the outermost boundry of 1-95. He stated at an interchange such as this, the~e is really very little that can be done with the property, so granting of the application would be very greatly appreciated. He further stated they would not proceed %~-th this change to obtain any more value on the land than the assessed valuation assessed upon it by the county. He said he felt the petition should be granted within 200, of the outermost boundry of 1-95, and they would ask for the application within a 200' boundry. He said they want 'Co sub-divide and when they came before this board and were asked if they would provide a North-South entry, Mr. Rose promised to go along with it. He said right now they are anxious to go ahead with their engineering and road work. -5- ~ffNUTES PLA~.WING AND ZONING BOARD ~W~ETING FEBRUARY 9, 1967 ~. George Kelly, 521 S.~7. 15th Avenue, came forward to speak at this time, stating as he saw it at the present time the status of 1-95 is quite nebulis. He said he was not against the highway, but certainly v~en it comes along he will not want to keep his residence where it is now. He stated he bought this property in 1953-54 and when he did he knew about the likelihood of a highway on that right-of-way. Mr. Olds then reconmiended that it be kept on the table to see what they can come up with as they did not want' to hurt anybody. Meet lng adjourned. ~~~ ~ Vice Chairman -6-