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Minutes 01-05-67MINUTES OF PIANN~G MVD ZONING BOARD I~EETING, HELD IN CITY HALL, BOYNTON BEACH, FLORIDA, JA~JARY 5, 1967 AT 7:00 P.M. PRESENT: William Wohlleb, Chairman Robert Olds, Vice Chairman Stanley Weaver ~.y~rd Wertz Harold. Blanchette, Building Inspector ABSENT: Eugene Cooper Julian Patrick Albert Wehrell Mr. Wohlleb called the meeting to order at 7:00 P.M. Mr. l%~ohlleb read the minutes of the regular meeting of the Planning and Zoning Board held December 8, 1966. There ~re no corrections. Mr. Weaver moved that the minutes be accepted, Mr. Olds seconded and it was carried 4-0. OLD BUSINESS ~flr. Wohlleb related that he %ms present at the meeting when the members of City Council returned Mr. Clapper's second request back to the Planning and Zoning Board for more intensive study and recommendations. He further stated Mr. Clapper's first request had been approved by City Council pertaining to a small isolated area adjacent to the FEC Railroad presently zoned C-1 which he wished a change on formerly to C-2. This was merely an upgrading of C-1 zoning under Section 31 and not a change in zoning to C-2. Mr. Wohlleb stated that the Planning and Zoning Board had rejected it under C-2. Mr. ~feaver stated he felt they should require Mr. Clapper to make N.E. 4th Street a right-of-way and smoothe out all the bumps there. Mr. Clapper had previously stated he had th~ bumps put in to slow down traffic. ¥~. Weaver felt it was going to be required that this road be opened up all the way. On the second parcel, which was the one returned to the Planning and Zoning Board, Mr. Weaver stated he felt the board was correct in their decision last time and should leave it that way. F~. Wohlleb said he agreed with him on this matter. Mr. Olds related that someone in the city somewhere 'explained to him about these trailer parks, as they exist, that they are accepted because they are already there under conditional use, but they cannot expand. He did not know for certain whether there was any ordinance :to back this up. -1- MINUTES PLANNING AND ZONING BOARD ~ETING JANUARY 5, 1967 Me. WoB] ]eb stated he felt there was nothing new about it at all, and it should be rejected again. Mr. ~eaver stated he felt the board should stand by the decision made. He further stated he did not feel the board had much to say on the city's decision on Parcel No. I and did not think it would do a lot of harm. He said he felt sure that the area w~st of the N.E. ~th Street line could develop into something better than a trailer park, and that they did not need any commerce in there. Mr. ~eaver moved to reject ~. Clapper's request regarding Parcel No. 2. Mr. Olds seconded and it was carried 4-0. Great Neck Communities Inc. ~distance re~_~_ix_.eme.~- nt_s~ Mr. ~ohlleb stated he felt it would be proper to again notify all parties concerned and recommended that the City Clerk notify all parties concerned in advance so that they can be present. There has been some communication between ~. Moore and between them and Mr. k~ohlleb, and they have a suggestion by Mr. Moore of changing the service station ordinance. He said they wanted it changed slightly and some recommendation would be made in regard to this. He further stated they should have a hearing at the next regular meeting and he would contact the City Clerk and' have her notify all parties concerned. He said the Planning and Zoning Board should recommend a change in the ordinance to the council. He felt a copy of the ordinance should be sent by the City Attorney to each member of the Planning and Zoning Board. NE~4 BUSI~[ESS: Fred G. Benson Lots 20 & 21, Pence Subdivision #1, Block A Request: Rezone C-1 to C-2, Filling Station with major repairs. (see sketch colored orange) Mr. t'fohlleb stated there was one problem which has arisen now regarding this matter. ~M. ~.~eaver owns some property adjacent to it, and he would have to abstain from voting and the matter vrill have to be tabled. Mr. Olds moved to table this request, seconded by N~. ~'~ertz and it was carried i-O. -2- Mll~JTES PLANNING AND ZONING BOARD ~'~ETING JANUARY 5, 1967 Boynton Nurseries, Inc. N650.8' of NE¼ of ~¼ of E of U.S.#l, Sec.33-~5-~3 Lots i & 2 l~f of FIND canal r/w Sec 3~-~5-&3 East, Rousseau' s Subdivision Request: Rezone R-3 to C-2, commercial stores and business property as permitted under C-2. (see crosshatch) Mr. Wohlleb noted that all interested parties had been notified of this request. Mr. Moore, attorney for Me. James D. Sturrock, came forward to speak in favor of this request. He stated the zoning on this property had remained the same siuce 1961. He further stated the construction of the bridge to AIA was nearing completion and should change the entire complexion of this area. There is C-1 zoned property immediately to the north of the property and the entire Sunshine Shopping Center has been zoned C-1 since initiation of the project. The property in question has been used as a nursery for the growth of plants, etc. There is approximately 660 sq. ft. in the property and the taxes run approximately $2,.000 a year, including both county and city. It is unfeasible to continue the present use of this land due to the development of adjacent areas. He stated a change in the zoning would add great.ly to the tax roll when it is developed. ~. Moore further stated Mr. Sturrock had no immediate plans for development of it himself, but he might sell the property to someone who would develop it. He said the present R-3 zoning is restrictive and it could not be developed along many uses. Mr. Wohl ~ eb inquired as to why they wanted C-2 instead of C-1 zoning, and Mr. Moore stated it would give them a broader scope and eliminate the possibility of their coming back to the city at a later date. Mr. Weaver asked if he had any def5mite plans for development right now, and Mr. Moore stated he did not, but that he knew he should start something. Mr. Westphal, 6 Lake Ida Road, Delray Beach, came forward to speak in favor of this request. He stated he was the ovmer of some property north of 15th Avenue and he is the owner of the property just referred to. He said he had requested a zoning change last year. The zoning change was rejected by this board, but the request by the owners of the property adjoining his was granted. Mr. I~foh]]-eb, at this point, stated if his memory serves him correctly, they did not turn it dorm but that it was v~thdrawn. He further stated they recommended that the whole plot be approved but before it came to council, it was withdrawn. Mr. %^fes%phal stated there v~re two pieces involved~ and they had requested to have both parcels rezoned C-1 except for a portion of his property which was zoned 3-A to protect the people with residential property adjoining. He said this board did not act on it and that it was taken to council without any action, and they returned it to the MINUTES PLANNING A~ ZONING BOARD MEETING JANUARY 5, 1967 board to come through with a recommendation and then the request vas just made on the one parcel in mind. He said if there .is going to be zoning changes in that area 'because of the bridge, these two parcels north of the bridge should be considered because he felt the use of the property would be identical to that south of here. He further stated he was not objecting but felt he should be given the same consideration as the others. He said his previous request had not been turned down but that council kept delaying it. He said the people would have been ready to develop this year and that property would have brought approximately $30,000 additional ts~es to the city alone, for the amo~t they were willing to spend on that property. Mr. Wohlleb stated they could only act on the one request tonight, and that they would act on his request again if he would re-submit it, and that what happens to the other property ~ill have a great bearing on his case. No one came forward to speak in opposition to the request. Mr. Wob_lleb stated he believed that when they acted on this request, they acted in good faith with the zonL~g~in miud, but that he felt it vas placing a severe burden on people by asking them to come up with blue prints, etc., as they can give them all kinds of plans and promises and once the council authorizes it, they can put ~nything on it they v~sh, as long as they comply with the zoning code. He said he thought they were turned do~ because they did not have plans, etc.., and he felt it ~s non-progressive thinking on the part of council. He felt they should take honorable people for their word, and not treat them like children. He felt cases like this should be brought to the attention of the council, and they should be put on record. Mr. Weaver stated on changing this ~ole area to C-2, actually you are talking about ten acres which is not a tremendous shopping area unless you combine it with the other plaza across the street, and possibly consider Mr. Lotto's and Mr. Westphal's area, and then you end up with close to ~0 acres of shopping center bisected by U.S. #1 and S.E. 15th Avenue, v~aich v~ presume v~ll be at least an artery to I95 and AIA. This makes a pretty sizeable shopping area except that it is bisected by one main road or possibly two. He further stated the idea of the R-5 area and the R-l-AA area as laid out on the original master plan, was to keep as high a zoning ~ possible in the city, and to elLminate the amount of commercial property as possible since we have too much already. He further stated that one cannot foresee this, and it was 6~' years ago when this was done, at which time it was not knovm what the developments would be and this brings up the problem of last year, and the request we made for the city to give us some professional advice by hiring a city planner on a per diem or on a contractural basis to help rejuvenate the plan. He said he felt this should be done at least every five years.~ ~ ~ed ~ felt the trend in that area was established, and that they ne~ed to MINUTES PLAR~ING AND ZONLNG BOARD ~f~ETING JANUARY 5, 1967 expect more of this type of request west of U.S ,#1 and west of the railroad even in the next 3-4 years. He said the only thing that worried him is where will the commercial zoning stop, and where will they get back to the residential zoning. Mr. Weaver stated he was not opposed to this reque~st and that he felt it was property put to the highest and best use, but he personally would prefer to see some type of homes or condiminiums go in there, and maybe they will ~tiI1 go in there. M~. Olds stated he was wondering if ~r. Moore would re-consider and settle for a C-1 zoning. He said C-2 zoning leaves itself open to so many things they don't want in that area, and maybe the o~aers don't w~nt in that area either. Mr. Moore stated at the present time they would agree to that. Mr. Olds stated they can al?~ys ask for a conditional use or something, and that he did not like the C-2 zoning. ~. ~?ertz stated he would agree with }~. Olds as far as the C-2 zoniug is concerned. He said he still would like to go back to the recommendation made through the board to the city council at the time of the l,~restphal application, and thought this wh61e area needs to be studied. He stated he realized it may play a hardship on the o~,mers of the property to ask them to wait until the entire area is re-studied, but he felt it ~.as not fair for the people to the north to allow a change in the zoning on the south side of this road, after refusing to allow a change on the north section. He said he felt this ~ole area ties in together and should be studied together, and recommendations made by the board to the city council on the entire area. Mr. Wohlleb said he agreed with himinthat respect, but he also felt the possibility would better itself in getting a change through for the north section of S.E. 15th Avenue, if they can possibly get the south section of it approved. It would be less of an argument. He said they approved it before as they felt this was the highest and best use of that area and it was strictly turned down, as he understands it, because the coUncil requested of the people who were making application a complete rendering of what they ~ould build there, and these people felt it was an unnecessary thing, and t~t they should be taken fortheir word. He said he felt this was the complete basis on which the council turned it down. Mr. ~ohlleb further stated he felt they had to start someplace, and since this is going to be the main area for shopping in Boynton Beach, they should help them develop this area and for once get it in one area and not have it scattered. He felt sure if they wot~d accept C-1 zoning they could control what is going to be placed there instead of C-2. -5- MINUTES PLANNING A~D ZONIt~G BOARD ~ETI~G JANUARY 5, 1967 He said he agreed with Mr.. Wertz that an upgrading of th~ master plan with new feasibility study should be made as menti~ed to council a number of times before. He felt if one wanted progress one would have to spend a little money, and that they could not wait until next year. F~. t~Yeaver moved that this request be granted under C-1 rather than C-2o Mr. Olds seconded, and it was carried &-O. Meeting adjourned.