LEGAL APPROVAL
MINUTES - CITY COIIUSSION MEETING
BOYNTON BEACH. FLORIDA
APRIL 18. 1995
increase in volume, and the residents do not have a problem with this. . In addi-
tion, she felt the rezoning will alleviate the stacking problem.
Vice Mayor Bradley was In support of this rezoning. He pointed out that the
Zengages have been around for a long time and are gOOd business citizens.
Commissioner Rosen considered this a matter of beautification and was in favor
of this rezoning.
Mayor Taylor commended the owners for trying to solve a problem without being
asked to do so by the City.
Mended Motion
In response to City Manager Parker, Vice Mayor Bradley and Mayor Pro Tem Matson
agreed to include the four conditions she mentioned in the motion.
The motion carried 5-0.
Mayor Taylor declared a recess at 7:56 p.m. The meeting resumed at 8:05 p.m.
B. Project: Lake WOrth Christ'an School
TO BE CONTINUED TO THE MAY 9TH PLANNING & DEVELOPMENT BOARD MEETING
Agent: J. Richard Harris, Esquire
Owner: Condor Investments, Inc.
Location: East side of High Ridge Road, approximately one-half
(~) mile south of High Ridge Road
Description: Request to amend the Future Land Use Map of the
Comprehensive Plan from Low Density Residential to
Public and Governmental/Institutional and rezoning from
Planned Unit Development (PUD) to R-lAA. Single-Family
Residential
City Manager Parker advised that this item will be continued to the May 9th
Planning and Development Board Meeting, after which it will come before the City
Commission.
Lots 9 and 10. Par'.~ C~~ ~~
City of Boynton Beach ~ ~
City of Boynto e _.__ lk 7IY1.L....-.O,
South side 0 N.E. 8th Avenue approximately 100 feet
west of N.E. Is tree
Request for rezoning of Lots 9 and 10 of the Palm Beach
County Club Estates subdivision from PU, Public Usage,
to R-2, Single and Two-Family Residential
Ms. Heyden advised that this rezoning Is necessary for use of the subject par-
cels In the City'S Infill HOUSing Program. The bank has just closed on a
construction loan for one of the lots. A second loan is currently being pro-
C. Project:
Agtllt:
Owner:
Loca t ion:
Description:
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
APRIL lB. 1995
cessed for the other lot. Construction could be reached as early as May 1,
1995. With the exception of the multi-family complex to the east, all the adja-
cent uses would be reasonably compatible with the proposed rezoning. In fact, a
multi-family use is a legal nonconfonning use.
Ms. Heyden advised that in exchange for some right-of-way in 1951. the City took
ownership of these lots from the State of Florida. Although there has not been
a specific public use planned for these lots, they have always been zoned for
public use. No language ex1sts within the Comprehensive Plan regarding the use
of these properties. Therefore. the Planning and Zoning Department recommends
approval of the rezoning of Lots 9 and 10 because it is consistent with the
Comprehensive Plan Future ~and Use Map and all the goals. policies and objec-
tives in the Comprehensive Plan.
No one in the audience wished to speak in favor of or against this application.
Therefore, Mayor Taylor closed the public hearing.
Motion
Mayor Pro Tem Matson moved to approve the request to rezone Lots 9 and 10 of the
Palm Beach County Club Estates subdivision from public usage to R-2, Single and
Two-Family Resdiential. Vice Mayor Bradley seconded the motion which carried
5-0.
VII. PUBLIC AUDIENCE
Robert Foot, 2400 S.W. 1st Street, requested that public hearings on site plans
be held at Planning and Development Board and City Commission meetings. He also
asked that public hear1ngs be scheduled on the pend1ng development of the
Outpatient Properties Inc. property on the southwest corner of South Seacrest
Boulevard and S.W. 23rd Avenue. He submitted a petition signed by 40 neighbors
requesting that any use of the property be subject to separation with a six foot
stuccoed wall in the first stage of any improvements.
City Manager Parker advised that the City is not legally required to hold a
public hearing. However, anyone can speak on an item at the Planning and
Development Board meeting and at the City Commission meeting before a decision
is made.
City Attorney Cherof confinned that there is no requirement to have a public
hearing and that the process pennits public input at all levels of the con-
sideration, both at the Planning and Development Board level and at the level
before the City Commission. He stated that there has never been any restriction
on the public's right to speak on any of those items. He suggested a public
hearing not be held where the law does not provide for it.
Mary Law, a real estate broker at 625 South Federal Highway, requested the
Commission to overhaul the Boynton Beach zoning code in the commercial district.
She said the zoning book is a dream book and does not represent the reality of
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*:':
MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
APRIL 18. 1995
what businesses are ln the zonlng areas. It does not represent the type of
buslnesses that want to locate ln those zonlng areas. For example, there are
buslnesses ln the commercial dlstrict that should be in the M-l Industrial
District and vice versa. In addition, you may not want a particular business
that is pennitted in the commercial district. She suggested redoing the commer-
cial district in the zoning book and initiating some type of flexibility into
our outlook regarding the businesses we allow in commercial districts. She
stated that the redevelopment of downtown is also a dream that cannot be
completed for years and that the City needs to be realistic as to the type of
businesses we now have in the downtown area. She felt the City is stagnating
the downtown by refusing to allow an open mind to the businesses that want to
locate in the downtown. She said the City zoning map does not confonn to the
City zoning book. .
Mayor Taylor appreciated Ms. Law's input. He did not belleve that some of us
are golng to contlnue to wait for a mlracle to happen to redevelop downtown. He
belleved we have to take action to make lt happen and we are golng to have to
review the way thlngs have been done ln the past and decide how we want to do
them ln the future.
Dan Winters, 433 S.W. 10th Avenue, represented the Seacrest Property Task Team
of Delray Beach. He stated that certain areas of Altant1c High School are
deplorable. The cafeteria and gymnaslum are lnadequate. There are poor accom-
modatlons for the wrestling team, and no accommodations for the athletic team.
He said there is a piece of property across the street from the school that
could be utilized by the school. The Task Team came up with the idea of
creating a field house concept on that piece of property that could be used by
the various athletic teams starting at 2:30 p.m. He stated that thls plece of
property could also be used as a south city civlc type center on weekends and in
the mornings. The Task Team got Palm Beach County to contribute $400,000.00 and
the City of Delray Beach to contribute $300,000.00. Mr. Winters is going to
approach the School Board tomorrow to ask them to contribute a couple of million
dollars. He asked if Boynton Beach would support this idea at least concep-
tionally.
Commissioner JaSkiewicz agreed that the conditions inside the school are
deplorable. She hoped this would be the first thing that is addressed.
Conceptionally. Mayor Taylor felt the City of Boynton Beach would support this
s1nce many chfldren from Boynton Beach go to Atlantic High School and would
benefi t from thi s. .
No one else wishing to speak, Mayor Taylor declared the public aud1ence closed.
VIII. DEVELOPMENT PLANS
A. Consent Agenda - Unanimously approved by the Planning and Development
Board
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~ ,y,J
~};
\,
MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
APRIL 18. 1995
Motton
Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-08 on first
reading. Mayor Pro Tem Matson seconded the motion which carried 5-0.
4. Proposed Ordtftlnc:e No. 015-01 Re: Rezon1ng Lot 9 I-{~J~leacll
County Club Estates _. N.E. 8th Avenue '
City Attorney Cherof read Proposed Ord1nance No. 095-09 by t1tle only.
Mot1on
Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-09 on first
reading. Vice Mayor Bradley seconded the motion which carried 5-0.
5. Proposed Ord1nance No. 095-10 Re: Rezoning Lot 10 - Palm Beach
County Club Estates - N.E. 8th Avenue
City Attorney Cherof read Proposed Ordinance No. 095-10 by title only.
Motton
Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-10 on first
reading. Commissioner Jaskiewicz seconded the motion which carried 5-0.
C. Resoluttons
1. Proposed Resolutton No. R9S-4S Re: Amend fees for land develop-
ment related activities in the City of Boynton Beach.......TABLED
City Attorney Cherof read Proposed Resolution R95-45 by t1tle only.
City Manager Parker advised that th1s 1tem 1s ready to be taken off the table.
Motton
Mayor Pro Tem Matson moved to remove Proposed Resolut10n No. R95-45 from the
table. V1ce Mayor Bradley seconded the motion which carried 5-0.
CIty Manager Parker advised that pUblicat10n and postage fees were added to the
land development fees, as d1scussed at the previous meeting. A fee for bad
checks was also added. The revisions were published and the date of the adop-
tion of the ordinance was changed.
Mot1on
Vice Mayor Bradley moved to approve Proposed Resolution No. 095-45.
Commissioner Rosen seconded the motion which carried 5-0.
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MINUTES - CITY ctlIlMISSION MEETING
BOYNTON BEACH. FLORIDA
APRIL 18. 1995
Motton
Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-08 on first
reading. Mayor Pro Tem Matson seconded the motion which carried 5-0.
4. Proposed Ordinance No. 095-09 Re: Rezoning Lot 9 - Palm Beach
County Club Estates - N.E. 8th Avenue
City Attorney Cherof read Proposed Ordinance No. 095-09 by title only.
Motton
Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-09 on first
reading. Vice Mayor Bradley seconded the motion which carried 5-0.
5. Proposed Ordinance No. 095-10 Re: Rezoning L~t 10 - Palm 8each
County Club Estates - N.E. 8th Avenue
City Attorney Cherof read Proposed Ordinance No. 095-10 by title only.
Motion
Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-10 on first
reading. Commissioner Jaskiewicz seconded the motion which carried 5-0.
C. Resoluttons
1. Proposed Resolutton No. R9S-4S Re: Amend fees for land develop-
ment related activities in the City of Boynton Beach.......TABLED
City Attorney Cherof read Proposed Resolution R95-45 by title only.
City Manager Parker advised that this Item Is ready to be taken off the table.
Motton
Mayor Pro Tem Matson moved to remove Proposed Resolution No. R95-45 from the
table. Vice Mayor Bradley seconded the motion which carried 5-0.
City Manager Parker advised that publication and postage fees were added to the
land development fees, as discussed at the previous meeting. A fee for bad
checks was also added. The revisions were published and the date of the adop-
tion of the ordinance was Changed.
Notion
Vice Mayor Bradley moved to approve Proposed Resolution No. 095-45.
Commissioner Rosen seconded the motion which carried 5-0.
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MINUT~ -'CITY CGtMISSION MEETING
BO'ttfTOIIl 8~, FLORIDA
\
APRIL 18, 1995
Motion
Vice Mayor Bradley moved to
reading. Ma son
st
4. Proposed Ordinance No. 095-09 Re: Rezon1ng Lot 9 - Palm Beach
County Club Estates - N.E. 8th Avenue
C1ty Attorney Cherof read Proposed Ord1nance No. 095-09 by t1tle only.
Motion
Mayor Pro Tem Matson moved to approve Proposed Ord1nance No. 095-09 on first
reading. Vice Mayor Bradley seconded the motion wh1ch carr1ed 5-0.
5. Proposed Ord1nance No. 095-10 Re: Rezoning Lot 10 - Palm Beach
County Club Estates - N.E. Bth Avenue
City Attorney Cherof read Proposed Ord1nance No. 095-10 by t1tle only.
Mot10n
Mayor Pro Tem Matson moved to approve Proposed Ord1nance No. 095-10 on first
reading. Comm1ssioner Jask1ew1cz seconded the mot10n wh1ch carried 5-0.
C. Resolutions
1. Proposed Resolution No. R95-45 Re: Amend fees fo nd develop-
ment related act1vities in the City of Boynto ach.......TABLED
of read Proposed Resolution R95-45
City Manager Parker a
Mot10n
City Manager Parker ised that publicat10n postage fees were added to the
land development t s, as discussed at the prev meeting. A fee for bad
checKs was also ded. The revisions were publishe nd the date of the adop-
tion of the o~ nance was changed.
Not10n
or Bradley moved to approve Proposed Resolution No.
ssioner Rosen seconded the motion which carried 5-0.
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
APRIL 18. 1995
Vice Mayor Brad e ve Proposed Ord1nance. No. 095-08 on first
readin . ro Tem Matson seco
4. Proposed Ord1nance No. 095-09 Re: Rezon1ng Lot 9 - Palm Beach
County Club Estates _. N.E. 8th Avenue
City Attorney Cherof read Proposed Ord1nance No. 095-09 by t1tle only.
Mot10n
Mayor Pro Tem Matson moved to approve Proposed Ord1nance No. 095-09 on first
reading. Vice Mayor Bradley seconded the mot10n wh1ch carr1ed 5-0.
5. Proposed Ord1nance No. 095-10 Re: Rezon1ng Lot 10 - Palm Beach
County Club Estates - N.E. 8th Avenue
City Attorney Cherof read Proposed Ord1nance No. 095-10 by t1tle only.
Mot10n
C. Resolut10ns
1. Proposed Resolution No. R95-4S Re: Amen es for land develop-
ment related act1v1t1es 1n the C1ty oynton Beach.......TABLED
y Cherof read Proposed Resolut10n
Mayor Pro Tem Matson moved to approve Proposed OrdinancI No. 095-10 on fi
read1ng. Commissioner Jask1ew1cz seconded the mot10n wh1ch carr1ed 5-
ready to be taken off the table.
Motion
remove Proposed Resolut1on No. R95-45 from the
d the motion which carr1ed 5-0.
City Manager Park dvised that pub t10n and postage fees were added to the
land developmen ees, as discussed at t revious meeting. A fee for bad
checks was al added. The revisions were 11shed and the date of the adop-
tion of th rdinance was changed.
Vice Mayor Bradley moved to approve Proposed Resolution No.
Commissioner Rosen seconded the motion which carried 5-0.
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MINUTES .: CITY COMMISSION MEETING
BOYNTON,~' FLORIDA
APRIL 18. 1995
increase in volume, and the residents do not have a problem with this. ' In addi-
on, she felt the rezoning will alleviate the stacking problem.
support of this rezoning. H nted out that the
for a long time and are usiness citizens.
Commissioner Rosen c
of this rezoning.
Mayor Taylor commended the 0
asked to do so by the C
Mended Motton
to solve a problem without being
City Manager Parker, Vice Mayor Bradley and Ma Pro Tem Matson
elude the four conditions she mentloned ln the motlon.
recess at 7:56 p.m. The meeting r
Project: like Worth Chrtsttln Sch
CONTINUED TO THE MAY 9TH PLA & DEVELOPMENT BOARD MEETING
Agen . J. Richard Harrl quire
Owner: Condor Inve ts, Inc.
Location: si High Ridge Road, approximately one-half
south of High Ridge Road
est nd the Future Land Use Map of the
omprehensive from Low Denslty Residentlal to
Public and Governme Instltutlonal and rezoning from
Planned Unit Development to R-1AA, Single-Family
Resldential
City Man Parker advised that thls item wl1l be continued to May 9th
Plannl and Development Board Meeting, after which it will come be City
C slon.
lots 9 Ind 10. Pllm B.lch County Club Estlt.s
City of Boynton Beach
City of Boynton Beach
South slde of H.E. 8th Avenue, approximately 100 feet
west of N.E. 1st Street
Request for rezoning of Lots 9 and 10 of the Palm Beach
County Club Estates subdivlslon from PU, PUblic Usage,
to R-2. Single and Two-Faml1y Residentlal
Ms. Heyden advised that thls rezonlng is necessary for use of the subject par-
cels in the Clty's Infill Housing Program. The bank has just closed on a
construction loan for one of the lots. A second loan is currently being pro-
C. Project:
Agut:
Owner:
Locatlon:
Description:
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MINUTES - PlANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
APRIL 11. 1995
8. NEW BUSINESS
A. Public Hear~ng
Land Use Element Amendment/Rezoning (to be contlnued to the May 9, 1995
meetlng)
1. Project:
Agent:
Owner:
Locatlon:
Descrlptlon:
Lake WOrth Christian School
J. Rlchard Harrls, Esqulre
Condor Investments, Inc.
East slde of Hlgh Rldge Road, approxlmately one-half
(*) ml1e south of Hlgh Rldge Road
Request to amend the future land use map of the
Comprehenslve Plan from Low Denslty Resldentlal to
Publlc and Governmental/Instltutlonal and rezonlng
from Planned Unlt Development (PUD) to R-1AA, Single
Faml1y Resldentlal
Motion
Vlce Chalrman Golden moved to contlnue the publlc hearlng for the Lake Worth
Chrlstlan School to the May 9, 1995 meetlng. Mr. Wlsche seconded the motlon
whlch carrled 7-0.
Rezoning
2. Project:
Agent:
Owner:
Locatlon:
Lots 9 and 10. ~~~tov~~
City of Boynton~/ -
City of Boynt Beach IV. 5 &--v.. r
South slde N. E. Bth Aven~apPtoxlma~elY 100
feet west of N.. ree
Request for rezonlng of Lots 9 and 10 of the Palm
Beach County Club Estates subdlvlslon from PU, Publlc
Usage, to R-2, Slngle and Two Faml1y Resldentlal
Mr. Rumpf stated that the Clty of Boynton Beach owns Lots 9 and 10 of the Palm
Beach County Club Estates subdlvlslon and plans to use these lots ln conjunction
wlth the Clty's Infl11 Houslng Program. In order for these two lots to be used
for constructiOA of single-faml1y homes, they must be rezoned from publlc usage
to a resldenttal zoning district. The R-2 zoning district has been proposed, as
lt ls the predominant district In thls area. Adjacent uses lnclude St. John
Mlsslonary Church and School to the north, a multl-famlly apartment bulldlng to
the east, the Bible Church of God to the south and southeast, and slngle-famlly
homes to the west. The proposed zonlng corresponds with the present Future Land
Use Map deslgnatlon (Medium Denslty Residential) and furthers two plan objec-
tlves and pollcles through promotlon of the Clty's Inflll Houslng Program. The
Plannlng and Zoning Department recommended that the rezonlng request be approved
and speclflcally that Lots 9 and 10 be rezoned to R-2, a slngle and two-famlly
dlstrlct, based on the followlng:
Descrlptlon:
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.
MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
APRIL 11. 199\
the proposed zoning is consistent with the
Comprehenslve Plan Future Land Use Map; and
the proposed zoning and use ls conslstent wlth
a~l. goals, objectlves and pollcles ln the
Comprehenslve Plan.
No one wishing to speak for or agalnst thls matter, the publlc hearing was
closed.
(1)
(2)
Motlon
Vice Chairman Golden moved to recommend approval of the rezoning for Lots 9 and
10, Palm Beach County Club Estates, subject to staff comments. Mr. Reitz
seconded the motion whlch carrled 7-0.
Description:
Boynton Beach Trt-Ratl Statton
Joe Handley, Craven Thompson & Associates
Tri-County Commuter Ral1 Authority
East side of High Ridge Road and 460 feet north of
Gateway Boulevard
Request for rellef from Artlcle X - Parklng Lots.
Section 5-142(h)(7) Drlveway, to construct four
driveways onto a rlght-of-way
3. Project:
Agent:
Owner:
locatlon:
With the use of an overhead projector, Mr. Haag pointed out the locatlon of the
slte of the proposed Trl-Ral1 statlon ln Quantum Park. The appllcant ls
requesting a varlance to Chapter 5, Artlcle X, Sectlon 5-142(h)(7) of the
parking lot regulatlons ln connectlon wlth the expanslon of the park and ride
area, and redevelopment of the road and the exlstlng Trl-Ral1 statlon. The Code
states that no more than two driveways shall be permltted from any property.
Where propertles abut more than one publlc or prlvate right-of-way, addltional
drlveways may be permitted depending upon traffic volumes, but in no Instance
shall the number of driveways exceed two on each street. Uslng the overhead
projector, he displayed and reviewed an overlay of the slte plan.
The applicant's justlflcatlon for the request ls that addltlonal drlveways are
requlred to allow the trafflc to be separated accordlng to use. Thls ellmlnates
the confllcts 1n trafflc flow that would occur lf the buses, the Klss-N-Rlde
partlclpants and the travelling passengers would all have to utilize the same
drlveway.
At thelr March 14. 1995 meeting, the Technlcal Revlew Commlttee revlewed this
request and unanimously recommended approval as submltted. They concluded that
due to the type of use and the difference and volume of trafflc generated by the
use, separatlon of the four dlfferent types of trafflc needs to be provlded via
separate drlveways for the purpose of safety and efficiency of traffic move-
ments.
No one wished to speak for or against this request. Therefore, Chairman Oube
closed the public hearing.
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