Minutes 05-14-58MINUTES OF A REGULAR ~ETING OF THE BOY_~0N EEACH PLA~ING BOARD
HELD AT CITY HALL, BOY~V~0N ~CH, I~LORIDA, I~T Ir, 1958.
F .J.i~acey, Chairman.
Martin Durkin, Councilman.
Ettge ne ~ahlmeister
John S immonds
John MacFarlane
Stanley VJeave r
Charles A. Sl~iefer.
The Chairman called the meeting to order at ?.30 P.M.
The minutes of the previous meeting of April 16 v~re read.
With the name of ~r. Mac~arlane substituted for that of ~r.Sim~onds
the minutes were accepted.
A letter was read from residents of Royal Palm Village requesting
certain undeveloped areas of the section be zoned first class residential°
Mr. V~eaver moved that it be reconu~emied the request be granted
from N~E. ~th Street l¥est to the Boulevard but not to include acreage 82
to the F.E.C. Railway R~W. This portion to be retai~ed in Class
~r~ Sim~onds seconded. ~otion carried.
~r. Durkin said Mr. Corbin had submitted his resignation to him
orally as a member of the Board owing to absence frm the City for some
time.
A letter was read from ~r, Ra~obd A. Monsen, Real Estate Director,
addressed to l~r,Robert H~ Spain, President of the Sunshine Petroleum Com-
pare, Palm Beach, requesting re-zoning of Lots !0 and li, Block 1i,
Cantral ~ark Annexe, Boynton Beach, as a site for a ?-Eleven Food Store.
Mr. Simmonds moved the Planning Board recomme~i this request be
rejected as it is not a desirable location and there is not ample parking
space. ~r. ~aeFarlane seconded. ~otion carried,
~J~r. Weaver read the "Declaration of Policies" recom~ended by the
Master Planner, Mr. Pimental.
Mr. Mahlmeister was nominated Vice Chairman, ~r. ~eaver moved the
nominations be closed. ~r, ~ahlmeister was unanimously elected.
Er. Weaver suggested members of the Zonir~~, Planning and Industrial
Boards be invited to attend the meeting of the~aster Plan Co~ission the
first VJednesday after the first ~onday.
-2-
There being no further business, ~r. -7~ahlmeister moved the meeting
adjourn. ~.~r. MacFarlane seconded. Motion carried,
BOYNTOi~ RF, ACIt, FLORIDA
158
Boynton Beacl~, Fla.,
Gentlemen;
At ~he meq~es~ o~ c%~y ~l~k ~s. we
~ ~OW
~" a~jacen~ to
w~th ~he Re~eat2on~en~e~, to ~e zc~e~ Oo~e~cia~ (~o~ sto~es).
~he ~U~ED" ~e~ to be zoned
sq~e feet.
The c~py o~ above ment2one~
convenience o~ the O~ty the P~~ O~s~on ~ the
Zo~
~e s~ce~ety Believe ~Be zoning as ~eco~ended above,
~f~mds the city ~he best control ove~ ~his ~z~ .
Respectfully yo~s,
Royal Palm V~llage P-~op~ty O~wne~s Asan.
CC to Oommission.
?, O. Box 118_5
Bolrnton Bea~, Flor-ids
The Planning Board of
The City of Boynton Beach
Cf%y Hall
Bolmton Beach, Flor/da
~en%lemen~
' A movement h~s been co~enced by-~ertain resi-
dents of the section called R~al Palm Village to have the 0ity of Boy~-
ton Beach zone, as first class residential, all that area bounded north-
erly by the north line of the City. of Boynton Beach; easterly by the
right of way of the Florida East C~ast Railway; southerly by the line of
N E 20th Avenue extended easterly from N E 4th Street to the said Rail-
way and westerly by 1/ E 4th Street.
This entire tract is at present undeveloped
land ~ith three exceptians~ viz~
1. The parkway entrance from Uo S. mo. 1 to Royal Palm Village
including building and land presently used for recreational
purposes and land' designed for use as a shopping center or
related purposes. We are advised that this has been so zoned.
2. Six dwellings erected in 19~7-8 on the extension of N E 20th
Avenue at the southwesterly corner of the tract involved*
A ~mall animal hospital erected in 19~7 south of the park-
way entrance., and adjacent to the F.E.O. Railway right of w~y.
~ith the exception of the parkway entrance
and faciliti~ described above the entire trac2 in question ~zhile
jaeent to is nevertheless outside the section called Royal P&lm Village.
Between the nor~ boundary of the parkway
entrance area and ~2se north City line are t~o par,els of property.
The southerly one consists of 4.22 acres with a frontage of
on 1/ E 4th Street an~ extends easterly an average distance of
to the Railroad. On 0ity maps it is desi~na?~e~, as ~b~ ~4 and an un-
numbered Lot belo~gin~ to ~lten B. Bellis. This is now owne~ by
M. O. Avery an~ Emma 0. Avery. It was cleared in 19~ but is otherwise
unimproved.
Extending northerly from this parcel to the
north City line is a tract of 2~.2 acres having 1~05~-/~ frontage on
N E 4th Street with an average distance of 858.42' to the Railroad.
This reputedly belongs t~ Leslie Lakin and others. It is uncleared and
unimproved.
The undersigned owners of the above describ-
ed 4.22 acre parcel hereby protest the zoning of this entire parcel as
so-called first class residential. Their qualification to protest is
based ~pon their status as legal residents of Boynton Beach and the
State of Florida, residing at 2~11 t~ E 4th Street diagonally across
the street Cron said parcel an~ as o~ners of these parcels an~ other
real property in Boynton Beach.
/'he follo~ring is sv. bmi+.,ted £or you~ consideration;
The Owner' s tentative plan has been to devote approximately
the westerly half of the 4.22 acre lot to residential use,
running ~n avenue easterly from N E 4th Street, in the center
of %he lot with ~ld/ng lots on either side. It was intended
to hold the easterly half which adjoins the Railroad pen~ing
development of and in order to cooperate with the forthcoming
0ity Master Plan. As an observation Royal Palm Village or any
other residential community cannot stand t~e tax pressure of
s~bsisting on residential taxes alone. Commercial and indus-
trial establishments are essential for tax revenue. The logical
location for some of these is along railroads an~ such location
should be made available for their use.
It is extremely ~nusuaI zoning practice to designate area
adjacent to a railroat as first class residential. ~ho ~oUld
purchase such lots ? If purchased, the cheapest type of build-
ings would b? erected an~ ult/maately a b!ightei or slum area
wo~ld resul~o the ietriment'of the eh/tire co~ty. To e~ct
roach zoning classification would be a virtual confiscation of
the owner' s investment.
~ith the rapid gro~h of adjacent residential projects such as
Rolling Green Ridge, Brand Brothers ~evelopments, H.
and others in prospect there is definite need for a trading
center in this northern area and west of the Railroad. There
are many ~ses other than residential which can develop as more
home s are buiIt.
Good zoning practice protests a~ainst zoning an area as resi-
dentiaI with ~be thought in mini that later it may be re-zoned
for commercial or intustrial uses. Such practi~e is ~unitive to
those ~ho may have built ~nder the protection of a zoning classi-
fication only to find it later changed with resulting lowering
of value of their property.
Many types of commercial and industrial buildings are today
housed in buildings with attractive grounds and parking areas
which are aesthetically pleasing and in no way detrimental to
nearby residential areas.
It is a fair assumption that a commercial or Ii~ht industrial
enterprise along the Railroad v~uld not even approach the noise
nuisance of the Railroad itself and traffic on U. S. No. 1.
~aose who bought homes in Royal Palm Village were cognizant of
and willingly bought subject to these conditions. ~nere then
are their grounds for deman&ing zoning protection a~inst lesser
nuisances, such as a store within three to seven hundred feet ?
In conclusion, we prefer that the present classiffcation of
~hol~ing zone" stand until the over all City Plan is achieved or unti~
we might wish zoning as a pre-requisite for residences along the easterly
side of ~ E ~th ~treet. ~e wo~I~ however subscribe to residential zoning
on the easterly side of N E 4th Street for a depth of 500 feet or in
other words, easterly from N E 4th Street to a line 500 feet distant
amd parallel thereto, this to Be under an ordinance in no respect
more restrictive than that now in effect for the area called Royal
Palm Village.
Encl.
CO The Common Council
City of Boynton Beach
Respe ct~l ly submitted,
Emma O. Avery
~ae Zoning Board
City of Boynten Beach
Robert F. Gri£fith, Jr.
City Attorney
City of Boynton Beach