Loading...
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: - 16 - 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 - 17 - *:': 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 - 18 - ~\? ~ ,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. - 38 - 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. - 38 - _.~~-~-------- \ 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. - 38 - 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. - 38 - 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: - 16 - 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: - 9 - \ . 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. - 10 - ~~,-_...~-~-----"~-