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Minutes 09-02-87 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, WEDNESDAY, SEPTEMBER 2, 1987 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Ezell Hester, Commissioner Leonard Mann, Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond S. Rea, City Attorney ABSENT Dee Zibelli, Commissioner (Excused) Mayor Cassandra called the meeting to order at 7:33 P. M. AGENDA APPROVAL As there were no corrections to the agenda, the agenda was accepted as presented. PUBLIC HEARING SUMMARY - Rezonings Pursuant to 1986 Comprehensive Plan Evaluation and Appraisal Report dated August 19, 1987 A. Applicant: City of Boynton Beach Agent: Carmen Annunziato Owner: First Baptist Church of Boynton Beach Project Name: First Baptist Church - Parking Lot Proposed Use: Church parking lot and other C-2 uses Legal Description: Location: Request: The E½ of Lot 127 and all of Lots 128 and 129, Block A, Boynton Hills 301 North Seacrest Boulevard Rezone from R-lA Single Family Residential to C-2 Neighborhood Commercial Tim Cannon, Senior City Planner, said this was the second group of a series of 17 rezonings which were recommended in the 1986 Comprehensive Plan and Evaluation and Appraisal (E&A) Report. All of the applications have been initiated by the City. The next group of zoning applications will probably be heard in September or October. Mr. Cannon explained and added that the Board would be getting that in the next group, along with amendments to the City Code, which are required pursuant to the Comprehensive Plan. Mr. Cannon reiterated that these zonings are for the purpose of bringing the zoning map into compliance with the Land Use Map included in the E&A Report. State law requires that the City amend the Land Use Map within one year of the date of the adoption of the E&A Report. -1- ,MINUTES - COMMISSION SPECIAL MEETING !BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 If the Board votes in favor of the applications, Mr. Cannon said the Board should state that it is for the purpose of implementing the E&A Report. He thought there was a requirement that they made a finding of consistency with the Comprehensive Plan in the City Code, and if the Board votes against a particular zoning, Mr. Cannon advised that they probably should instruct the City staff to initiate an amend- ment to the Land Use Plan, so there will be no inconsistency. He alluded to the second application (Hathaway Park). Mr. Cannon said this application came to the Commission with the positive recommendation from the Planning and Zoning (P&Z) Board and a finding that it is consistent with the Comprehensive Plan. Mr. Cannon showed the triangular piece, occupied by the First Baptist Church parking lot, and Lots 137 and 136. Both lots have houses but no paved parking. At the public hearings, the Baptist Church and the property owners in the area in the block north and to the northwest requested that their property also be zoned Commercial. In discussing the request, it was the finding of the P&Z Board and the City Commission that if these properties are zoned Commercial, they should only be Commercial with the condi- tion that there is some unity of title recorded, so the ownership of the properties cannot be transferred separately. Mr. Cannon said there will be some redevelopment of the site, and he hoped it would tie in with the church parcel. It would be up to the owners of the properties to record the unity of title and to initiate the Land Use and rezoning application to bring those properties into a Commerical district. Mr. Cannon said the E&A Report also recommended that if these lots are rezoned to Commercial, that they be in a C-1 as opposed to a C-2 category. That would limit them to use as parking for office uses to be located on the site. That would prevent commercial retail or restaurants from intruding into the residential area. Mr. Cannon was sure the representatives from the Baptist Church were going to suggest that the City rezone those single family lots, but the E&A Report recommended that only the church property be rezoned Commercial at this time. There was discussion. Commissioner Hester wondered why doing the whole thing at one time was not taken into consideration. City Manager Cheney -2- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 explained that it was not, because if they rezoned it now, those pieces of land could be sold off or developed for the new permitted use in the new zone. Commissioner Hester asked if that would be without the unity of title. City Manager Cheney answered affirmatively and added that it was without the abandonment of the street. He recalled the thought at the time was that if they were going to change it all to one ownership, so a more decent kind of development could come about because it was a larger piece of land. Mayor Cassandra asked if P&Z also suggested C-1 for that area. Mr. Cannon answered affirmatiely and added that it was for single family lots. Mayor Cassandra asked if anyone wished to speak in opposition to the request. There was no response. Mayor Cassandra asked if anyone wished to speak in favor of the application. Clyde Worrell, 2668 S. W. 23rd, Cranbrook Drive, Boynton Beach, Florida 33435, was in favor of the rezoning. They addressed it at the P&Z Board meeting, and they talked about the Land Use Plan, as described in Area 23 of the Comprehensive Plan. It was Mr. Worrell's understanding that all of the church property would be recommended for rezoning. He said discussion on it was limited at the P&Z meeting because the Board did not have the authority to make any changes. Mr. Worrell recommended that the rezoning be made. Mr. Worrell showed on the overlay what they use for parking. It is not blacktopped but is part of the Church's parking area. Since it was not advertised, Mr. Worrell realized it could not be rezoned tonight, but he highly recommended that they be allowed to do this. Mr. Worrell stated that they are also meeting with their neighbors to get the unity of title to where they can come back, hopefully at the next meeting, and submit their appli- cation for rezoning for approximately to where the four acres would be. He indicated where it was already zoned C-2. Mr. Worrell said they would assure the City that this will all be sold to one party. The Church property is for sale,, and they are going to move out to the Woolbright Road site, once all of the legal things are taken care of, and they can build a street. Mr. Worrell stated that it is their intention to come back and request that this be rezoned, as the Land Use Plan -3- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 recommends, and that the street be abandoned at an early date. They are endeavoring to get one representative to seek a buyer for the whole property. Mr. Worrell indicated the lots they were talking about and said seven lots would be rezoned. He told Mayor Cassandra that was under three acres, and it would make the whole area one zone (C-2 or convert to C-l, whatever the Commission would desire). Mayor Cassandra guessed the next step would be if they could get unity of title. Mr. Worrell asked if unity of title could be zone predicated on a single buyer buying all of the property and putting it under one ownership. After explain- ing, Attorney Rea said the applicant could condition the sale, pending the rezoning. That would be leaving the zoning in that area in limbo for an indefinite period of time on a contingent that really could not be justified as far as for a rezoning prespective. City Manager Cheney thought the aban- donment of the street should be included in the agreement at the same time. There were other comments. Norman Gregory, Agent for the realty representing the single family homeowners directly to the west of the property in question, was here to say they were in favor of the rezoning because they feel it is a much more complimentary use to the area. He added that there are several forms of unity of title. They hope to have an agreement with the homeowners that they will sell to one buyer, who will be the principal purchaser of the church, in order to bring the property into conformity for the purpose they have in mind for it. Mr. Gregory had a long discussion with the City Attorney on this matter and, at that time, he left, believing they would wait for the abandonment of the road and bring it in at a later time, when they have a substantial unity of title. Mr. Gregory stated that they do have some buyers who have shown an interest in the entire four acres. It may take some time to bring it together. However, at the time certain, they will bring in petitions. Mayor Cassandra questioned whether Mr. Gregory said four acres. Mr. Gregory replied that it represents four acres. He agreed with Mayor Cassandra that part of it is already C-2. As no one else wished to speak in favor or against the pro- posed request, THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved to approve the rezoning from R-iA to C-2 Neighborhood Commercial for the purpose of implement- -4- MINUTES - COMMISSION SPECIAL MEETING !BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 ing the Comprehensive Plan E&A Report and to find that it is ~consistent with the Comprehensive Plan. Vice Mayor Marchese seconded the motion, and the motion carried 4-0. B. ApPlicant-. Agent: Own er s: Project Name: Proposed Use: Location: Request: City of Boynton Beach Carmen Annunziato Thomas H. Hood, Darrel and Sue R. Hinson, Thompson Coal & Construction Co., and John A. Weiss Hathaway Park, Lots 11 through 20, Block E Single Family and Duplex Dwellings, and other R-2 uses East side of Florida East Coast Railway tracks, between S. E. 8th Avenue and S. E. 10th Avenue Rezone from C-3 Community Commercial to R-2 Single and Two Family Residential Mr. Cannon said this application was recommended for DENIAL by the P&Z Department by a unanimous vote. He explained that this is an attempt to bring the zoning into compliance with the Land Use Plan, as it was attempted in 1979. The strip of lots have been in the C-3 zoning district. The recommendation to change the Land Use Category was made in the 1979 Comprehensive Plan. The City took steps to rezone it to R-2 at that time, which corresponds with that density category. However, the City Commission decided that it did not want to rezone it to R-2 at that time without changing the Land Use Plan back to Commercial, so there has been this conflict between the Land Use Plan and the zoning Map. Under State Law, where there is a conflict between the Comprehensive Plan and the Zoning Map, the Comprehensive Plan prevails. Even though the property has been zoned for C-3 uses, Mr. Cannon said the owners have been unable to develop it for any use under that category since 1979. Mr. Cannon indicated three lots and said, in 1981, there was an attempt by the owners of those lots and the two lots north of them to rezone that property to M-1. The property in the southwest corner is occupied by a warehouse. The owner wanted to expand and put another building on the two lots to the north. That application was denied by the City Commisison. In the E&A report, Mr. Cannon said they picked up the fact that this inconsistency existed and recommended that the property be rezoned from C-3 to R-2. An analysis of the neighborhood that lies to the east was handed out because the reason for the original recommendation to rezone the -5- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 blocks to R-2 was that it was necessary to prevent further deterioration in the neighborhood to the east. There was discussion at the hearing in 1981 and at the P&Z Board hear- ing last week as to the condition of the neighborhood. There have been claims that it is already deteriorating and that the whole neighborhood should be redeveloped for commercial uses. Mr. Cannon tabulated the value of building permits from 1980 until 1987 and there has been $170,000 worth of improvements since 1980. If you subtract the conversion of houses into duplexes and look at the repairs, such as reroofing, and improvements such as fences, patios, porches, etc., it comes out to about $2,000 per dwelling unit, so Mr. Cannon said there has been a substantial investment to housing in that area. He thought there had been 15 reroofing jobs in the neighborhood. Mr. Cannon commented that it was a good indication that people in the neighborhood were interested in keeping their property up. Mr. Cannon also tabulated the number of deteriorated housing units. He found that 68% of the housing units in that neighborhood are in good condition. That was compared to 83%, if you look at the whole neighborhood between Boynton Beach Boulevard and Woolbright Road. Mr. Cannon said the distribution of deteriorated units in the neighborhood is about the same as what you see between Seacrest Boulevard and the tracks and also immediately west of Seacrest Boulevard. Mr. Cannon stated that Hathaway Park is not in any worse condition than the other residential neighborhoods between Boynton Beach Boulevard and Woolbright Road. For this reason, it was thought that the neighborhood was worth saving and that it was desirable to prevent further commercial and industrial encroachments along the tracks. The lots are zoned R-2, and Mr. Cannon said it is possible that you could combine the lots or, under the current owner- ship conditions, build duplexes and rent them out. This was seen by the Planning Department as a better solution. It would not be the best housing, but it would~be preferable to have duplexes that would be rented out, as opposed to putting warehouses and commercial uses along that strip. However, the P&Z Board disagreed with the Planning Depart- ment. They felt the owners of the property along that strip were right (that it is not habitable property and is not developable for residential use), and they unanimously recommended that the rezoning be denied and that the City -6- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 initiate an amendment to change the Land Use Plan back to Commercial. Mayor Cassandra pointed out that they went through about ten workshops. At that time, he recalled that the P&Z Board recommended that this should be changed to R-2. He wondered what caused the change in thinking. The only thing Mr. Cannon could attribute it to is there is more of a focus on a particular parcel when they look at the individual rezonings. He thought something like 70 different areas were addressed in the E&A Report, in the Land Use Element. Mr. Cannon thought when the Board took a closer look at the individual areas, it caused them to change their minds. Mr. Cannon showed Mayor Cassandra where it was zoned R-2. Mayor Cassandra queried whether there was enough property there to build duplexes or multi-family dwellings with proper setbacks. He was assuming no street was there. Mr. Cannon informed him there is a 30 or 40 foot substandard right-of- way there. He thought the decision by the City to develop that street or to require the property owners to develop the street was somewhat different than the zoning question. The street would have to be paved prior to developing those lots. If the Commission makes this R-2, Mayor Cassandra wondered if they were putting non-conforming buildings on non- conforming roads. He asked if the square area of development for Commercial was more than the R-2 residential development. Mr. Cannon replied that it was more in that zoning district. C-3 requires 15,000 square foot lots. Presently, you need 6,000 square feet for a single family house and 9,000 square feet for a duplex. Vice Mayor Marchese asked how deep the lots in the shaded area are. Mr. Cannon thought they were probably 100 to 120 feet deep. There was discussion about the number of lots that are occupied and vacant. Commissioner Hester noticed the lots that face the railroad and said the houses behind those lots face 3rd Street. The only way you could get to them would be next to the railroad track. The Planning Department asked that it be zoned residential for duplexes next to the railroad track. Commissioner Hester wondered why they would want to put a residential area there. He thought Commercial was across the railroad. Mayor Cassandra advised it is Industrial. Commissioner Hester could not see putting Residential that close to a railroad track, or facing a railroad track. -7- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 Mayor Cassandra thought the question was one of consistency with the land use. He also thought they had a question of spot zoning. There were further comments. Mayor Cassandra asked if anyone was in favor of the applica- tion. There was no response. Mayor Cassandra asked if any- one wished to speak against the application. Janet Folsom, who owns commercial property at 1213 S. E. 2nd Street, was opposed to a rezoning change that would devalue property without the consent of the owners and thus rob them of their assets. S. E. 2nd Street runs north, along the tracks from 12th Avenue, and ends abruptly at 10th Avenue. With a slight jog west, it becomes a narrow alley known as Railroad Avenue, barely 20 feet off the tracks. The alley is paved for only about 100 feet north, servicing a brick office and storage building. From there, the alley is non-existent, except on the map, north to an equally non- existent 8th Avenue, which is supposed to exit east to 3rd Street. Ms. Folsom said the small lots would not meet today's housing codes. They have no frontage except Railroad Avenue, and their outlook would be across the tracks to the back of the workshops on the other side. Ms. Folsom said she would find housing there depressing and dehumanizing. The need for that quality of building is not desperate, as there are still house lots available to the east. Ms. Folsom suspected they had not been built on, as some residences have become so unsightly and rubbish strewn that the whole neighborhood is downgraded. Ms. Folsom stated that commercial properties along the tracks are a helpful noise buffer. They are productive, well cared for, neat, and safe. Ms. Folsom urged the Commission to reject the request. Roger Barr, 1241 S. W. 27th Avenue, Golfview Harbour, repre- senting Thompson Coal & Construction Company, indicated the property they own. John Weiss, 306 S. E. 10th Avenue, was unable to attend the meeting and asked Mr. Barr to express the fact that he would not want to have the property zoned R-2. Mr. Weiss owns a single family home and was at the P&Z Board meeting and spoke. He wanted the Commission to reject the R-2 and have the zoning remain C-3. Mr. Weiss said he has paid a lot of taxes on C-3 for a lot of years. If the value of his property is reduced, that will be a waste of money. Mr. Barr presented Mr. Weiss' statement, as recorded by the Sun Sentinel at the last meeting, and said Mr. Weiss is the only one in residence on the property in question. Mr. Weiss is vehemently opposed to the rezoning. -8- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 Mr. Barr showed where the warehouse they own is located and said it is approximately 20 years old, is completely land- scaped, and has a sprinkler system. When they bought the lots and the building, it was M-1. Mr. Barr said they planned on expanding into another lot and building a nice building there, but it was denied. It has been before the City Commission and P&Z on three different occasions, and each time they were told it should not be Residential but Commercial, but nobody made the effort to change the Land Use Plan to comply with the existing zoning. Mr. Barr presented a lot of photographs, so the Commission could see the view they would be looking at if they lived on the property and the view behind them on 3rd Street. He stated that the Planning Department was a little incorrect in their evaluation of the :area. Mr. Barr is there every day and said the area is declining in the way of homes. There are several vacant homes that really look bad. Mr. Barr elaborated. Mr. Barr showed where there is C-3 property and said it is not spot zoning at C-3. He added that the entire area across the track is M-l, and he indicated homes at R-2, which are totally surrounded by Commercial zoning. If they change that C-3 to R-2 and change R-2 to C-3, it would not make any sense. Mr. Barr said it was the same group of homes, and it would make more sense to have more C-3, so they could be cleaned up. The homes are degenerating, and undesirable types are starting to move in the area. There was discussion. If this would become M-1 or Commercial, Mr. Barr said they would have to build a concrete wall between the homes and commercial property, which they did not have to build when those were built. They would clean up the area and provide a broader tax base for the City than R-2 would. At R-2, all they will provide is substandard housing because no one would live in it. There were further comments. Mr. Barr indicated the location of a building they had to reroof because the shaking of the tracks caused cracks and leaks. If they build residences, they will just be building problems. With Commercial zoning between the cracks and the residences, they will be providing a buffer. Mr. Barr expounded. Mr. Barr spoke with all of the landowners in question, and they are all in favor of Commercial zoning there. He said they would like to put a well landscaped building for school art supplies there. It was approved until they got to Mr. Annunziato, who said, "No." City Manager Cheney said the -9- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 problem was that it was inconsistent with the Comprehensive Plan and the zoning. Mr. Barr pointed out that everytime this property has come up, it has always been the P&Z Board's and the City Commission's request that it be main- tained as Commercial zoning. Also, it would be tough to build a duplex on a lot like this. It is 53'x63'. Mayor Cassandra asked what else you can build in R-2. Mr. Cannon answered, "Primarily single family and duplex houses, and also day care centers." Mr. Barr stated that it is totally unsuitable for residences and, as a landowner, they would like to see C-3. He explained. Darrell Hinson, 915 S. E. 3rd Street, owns Lot 11, 1/2 of Lot 13, and Lots 14, 15, and 16. He has lived there for 24 years and said there has been no improvement. It continues to go down. After some comments, Mr. Hinson said you can understand, when you look at what is south of him. He has his place for sale, but cannot sell it unless they can get the area cleaned up. There were further comments. In response to a question from Mayor Cassandra, Mr. Hinson said he has called Code Enforcement for about five years about the area. He went to Mr. Howell in April, and he was told they are working on it. All of the houses are 30 years old or older. Mayor Cassandra asked if Mr. Hinson would make a better profit if he sold his property as C-3. Mr. Hinson replied that he cannot even sell the property as C-3. He knew for sure that he could not sell it as R-2. Mr. Hinson did not understand the City Planner. Away from the track, he wants to rezone it from R-2 to C-3, but he wants along the track to go from C-3 to R-2. Mayor Cassandra reminded Mr. Hinson that this went through a lot of hearings. Since he has owned his property, Mr. Hinson said it has come up for re- zoning three times. He expounded and added that he was really against the rezoning. Mr. Hinson stated that it would not help the City to rezone it. Michael Brinkman, 957 Isles Road, owns property across the tracks from the property in question. It has warehouses on it, and he wanted to go on record as opposing the change in zoning. He did not think the neighborhood across the tracks was any different than the neighborhood he is in, and he did not see why they would want to go further into residential use instead of into commercial. In answer to the question Mayor Cassandra asked Mr. Hinson, Mr. Brinkman did not think any prudent person would buy because it would not be conducive to retail property in the neighborhood. He alluded -10- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 to M-i, and Mayor Cassandra told him to forget about M-1. If that one lot in the whole neighborhood was C-3, Mr. Brinkman did not see how it would improve anything. He did not think retail traffic was coming in there that often. Mr. Brinkman asked who the E&A report was done by. Mayor Cassandra answered that it was done in workshops. Mr. Brinkman commented that the City did it and did not contract it out. City Manager Cheney pointed out that there were public hearings before the P&Z Board. Mr. Brinkman referred to the $170,000 worth of improvements and asked what they covered. Mr. Cannon answered that it was everything in the entire R-2 zoned area. When Mr. Cannon looked through the permits, Mr. Brinkman wondered if he found anything new had been constructed, such as a new house or duplex. Mr. Cannon answered that there had been a couple of conversions of single family houses to duplexes since 1980, but nothing new from the ground up. No new houses have been built. Mr. Brinkman stated that he did not live in the neighborhood but that he drives through it several times a day, and he cannot see how this action could help the neighborhood at all. He noted that in previous meetings, people living in the neighborhood did not want to see the property remain C-1. He stated that the same people do not even live there now. Mr. Cannon stated that that was not the case on Third Street. Third Street has no improve- ments at all according to Mr. Cannon. There being no further discussion, THE PUBLIC HEARING WAS CLOSED. Mayor Cassandra stated to the commission reiterating that a group of people had spoken against rezoning from C-3 to R-2. Vice Mayor Marchese noted that the people at P&Z do a great job, but he does not agree with this rezoning. He stated that he felt that it should remain commercial. Commissioner Mann stated that he agreed with P&Z's recommendation to deny the rezoning request, but he insisted that the plan be Changed to prevent this occurring again. Mayor Cassandra stated that if the Commission votes against the land use that is directed to change and no motion is needed. He also Clarified that the area under discussion was only the shaded area. The area to the North of Eighth Avenue is all R-2. Mayor Cassandra stated that his only concern is a request to creep out from the track all the way out to the C-3 area, S.E. Fourth Street and he feels that will occur at some time. He also stated that he is very much against zoning the area M-1 as he does not like M-1 -11- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 Vice Mayor Marchese made a motion that the request to rezone from C-3 to R-2 single and two family residential be denied. Motion was seconded and carried 4-0. Vice Mayor Marchese made a motion directing the Planning Department to initiate proper land use to be consistent with the E&A. Motion was seconded and carried 4-0. Applicant: Agent: Owners: Project Name: Location: Legal Description: Request: Ce City of Boynton Beach Carmen Annunziato Antonia Kriegsmann, Adrien and Dilly A. Jimenez, Hildegard I. Crockett, John Weihmueller, Gulfstream Lumber Co., M.E. & Julia V. Romano, Clifford A. Littlejohn, Herbert T. & Joyce M. Shackleton Gulfstream Lumber Outparcel and Adjacent Properties East side of S.E. 2nd Street, east and west sides of S.E. 1st Street, south of S.E. 12th Avenue Lots 7 through 23, Central Park Addition to Boynton Beach Rezone from R-2 Single and Two Family Residential to C-3 Community Commercial for the Purpose of Implementing Comprehensive Plan and Evaluation and Appraisal Report Mr. Cannon stated that the land use on these two blocks came into focus about 1½ to 2 years ago when Gulfstream Lumber made a request to rezone properties they owned from R-2 to C-3. Gulfstream's request is to zone one block from R-2 to C-3 and at the same time abandon a portion of S.E. 2nd Street. They also own some property across the tracks and wish to use the entire parcel for storage for the lumber yard which is a conditional use from the C-3 zoning district. It was recommended by the Planning Department that this request be denied. Presently there are several residential dwellings in the area. The Planning Department made the suggestion at the time the E&A report was done that this area be looked at and consider rezoning the entire area to commercial to allow the entire area to be redeveloped. He further stated that the right-of-way for S.E. 12th Avenue would provide some buffering for the residents who live to the North. These are multi-family buildings and there are two single family buildings. Some buffering and landscaping would be required. Commercial use would not be backed up to residential use. He also noted that the zoning district -12- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 line follows the plat of lot line but the property on.U.S.1 goes 50 feet beyond that zoning district boundary. It would be desirable to have that zoning district boundary moved 50 feet to the west. Mr. Cannon stated that if this is all the Commission wanted to accomplish at this time that they could limit the rezoning to just that strip of land. Mr. Cannon stated that it might be easier to have the City attorney draw up an ordinance that limits to just that strip of pro- perty. The rezoning which has already been advertised covers all that area. Commissioner Mann asked whether every single usage in the cross hatched area is residential presently. Mr. Cannon stated that that was correct except for the strip of property which is part of the lot in question. Commissioner Mann asked whether it was the recommendation by the Planning and Zoning Department that a site zoned residential be rezoned to commercial. Mr. Cannon stated that this recommendation came from the E&A Report. Mayor Cassandra noted that probably 50 percent of the land zoned residential actually belongs to Gulfstream Lumber and there are no homes on that property. Mayor Cassandra stated that in the past he had pushed to have this property rezoned in the hopes of getting the area cleaned up. He also noted that Gulfstream had won a landscape award from the Chamber of Commerce for doing a good job of landscaping. He would expect that if this area Ks rezoned that they will do an even better job in order to win an award. Mayor Cassandra also pointed out that there are many boarded up stores across the street from 12th Avenue. This area needs to be addressed also but are not being done so at this time. City Manager Cheney stated that the area south of 12th Avenue would probably be owned by Gulfstream some day and be a part of their property. Commissioner Mann asked if anyone had raised the question of unity of title. Mayor Cassandra asked anyone in favor of this issue to speak first. Mr. Robert Alle~, General Manager of Gulfstream Lumber Company, 1415 South Federal Highway. He noted that they had come before the Board two years ago requesting a zoning change. He stated for the record the exact property now owned by Gulfstream Lumber - the main lumber yard is on approximately 11 acres, and there are 12 more lots, 5 with homes on them. Gulfstream has warehouses that they have had for 33 years that are landscaped and have sprinklers. Mr. Allen noted that if all the property that they own were incorporated into their lumber yard, all traffic would be routed through their lumber yard and would eliminate the truck traffic from 12th Avenue. He also noted that they had presented some landscaping plans two years ago but their -13- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 request was denied at that time. Mayor Cassandra noted that he knew there had been an effort to purchase all the pro- perty and that the Gulfstream Corporation does intend to buy all that property. Mayor Cassandra asked if anyone wished to speak against this issue. No one wished to speak and THE PUBLIC HEARING WAS CLOSED. Vice Mayor Marchese stated that he felt this would be a giant step forward in cleaning up the awful mess at the northwest corner of the property. Since 12th Avenue is approximately 60 feet wide, he feels that with some setback, the condo residents have a decent buffer zone and won't be looking at the garbage they presently see. Commissioner Mann stated that he felt the policy is still very poor but he will not object since all concerned are in agreement. Vice Mayor Marchese made a motion that the Board approve, consistent with the E&A Plan to zone from R-2 single and two family residential to C-3 Community Commercial for the pur- pose of implementing the Comprehensive Plan Evaluation and Appraisal Report. Motion was seconded and carried 4-0. De Applicant: Agent: Owners: Project Name: Location: Legal Description: Reque s t: City of Boynton Beach Carmen Annunziato Rosanne L. Patrick and Grace Schraut Golf Road and Seacrest Boulevard N.W. corner of Golf Road and Seacrest Boulevard Lots 43, 44, and 45, Westchester Heights (less return curve area in Lot 45, as in O.R. Book 2772, p. 1252) Rezone from R-2 Single and Two Family Residential to C-1 Office and Pro- fessional Commercial for the purpose of implementing the Evaluation and Appraisal Report Mr. Cannon stated that this application consists of three lots which are currently zoned R-2. They remain as left-overs when the Ridge Pointe Villas PUD was developed. The entire area north and west of Golf Road/Seacrest intersec- tion was zoned R-2 and a 6 foot high concrete wall was build around the parimeter of the Ridge Pointe Villas project leaving these lots isolated. The other three corners of this intersection are already zone C-1. One corner has a house which is being redeveloped for a two story office building and the other two corners are vacant land. Mr. Cannon stated that the issue of traffic safety came up in -14- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 P&Z meeting with some discussion. There is a 180 foot set- back from the intersection for any driveways and a traffic impact statement must be submitted when the properties are developed and turn lanes must be provided. Mr. Cannon stated that a day care center is located in this area but he is not sure if it was ever approved for a conditional use. In drafting the A&E Report Mr. Cannon stated that it was obvious that because the houses in Ridge Pointe Villas are so close to property lines and are one story that it would not be desirable to have a two story office building ~verlooking the townhouses. If this property is rezoned, he is recommending that the development be limited to one story office buildings. C-1 zoning allows up to two stories. He feels that if specific limitations are suggested in the Comprehensive Plan, that it is possible to go beyond the limitations of the zoning regulations. Mayor Cassandra questioned the legality of allowing only one story buildings if C-1 zoning is approved. He asked for legal advice from the City Attorney before he could vote. Mayor Cassandra stated that if the Board votes for C-1 the people in the area should be notified of what can and pro- bably would happen. Attorney Rea stated that he would not guarantee anyone that building could be restricted to a one story building. City Manager Cheney stated that the Board could decide to continue t~is so that the residents could be here to discuss the entire issue. Commissioner Mann made a motion that this issue be continued until September 15th. Motion was seconded and carried 4-0. Mayor Cassandra stated that the Ridge Pointe and surrounding residents should be notified of this decision. After a short break, the meeting resumed. Ee Applicant Agent: Owners: Project Name: Legal Description: Request: City of Boynton Beach Carmen Annunziato Jack Pica, Langston Bay Co.. of Florida, Inc., Spada Land Company, Kay Cee Association of Boynton Beach, Inc., Gulfstream associates, Ltd. Old Dixie Highway Frontage (Application G) Lots 37, 38, 39, 41, 42, 48 and 49, Amended Plat of Trade Wind Estates Rezone from C-3 Community Commercial to C-4 General Commercial for the purpose of implementing the Compre- hensive Plan Evaluation and Appraisal Report -15- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 Mr. Cannon stated that the P&Z gives a positive recommen- dation for this request. Since the properties in this area haVe been annexed they have been placed in the C-3 zoning district which is primarily office and retail zoning. The P&Z felt that this area should be under a general commercial land use category and zoned C-4. Much of this property is still in the unincorporated area but those developed along U.S. 1 are used primarily for office and retail. Those along Old Dixie are mostly used for wholesale and storage. He stated that two years ago a request to rezone to M-1 but it was decided at that time by the Planning Department, P&Z and the City Council that M-1 was not appropriate. Mr. Cannon stated that the northern most lot has been cleared and the owner proposes to put a boat parts sales store on the pro- perty. Another parcel is owned by a wholesale bag manufac- turer, another is a vacant building, Knights of Columbus and Gulfstream Mobile Home Park (which is for sale) are on other parcels. Another small property is located in this area which was to be a small shopping center, and to the south is the Gulfstream Mall. An attempt is being made to annex all this area into the City through the use of water service agreements. One owner, however, has obtained permission from the County to use well water and a septic tank. Mayor Cassandra stated that he is concerned with C-4 usage. Commissioner Mann asked why consideration was being given to rezoning to C-4. City Manager Cheney stated that this was because some of these lots face on Dixie Highway and C-3 does not appear to be appropriate use on Dixie Highway. All lots which face U.S. 1 would stay C-3. Discussion followed regarding which lots are in the City and which are not. No one else wished to speak so the PUBLIC HEARING WAS CLOSED. Commissioner Hester made a motion that the request to rezone from C-3 to C-4 be approved. There was no second so the motion died. Commissioner Mann made a motion that item be continued at the September 15th meeting so that more information can be obtained. There was no second and the motion died. Attorney Rea stated that there should be a vote to see whether this request is to be denied. Vice Mayor Marchese made a motion to deny the request to rezone from C-3 to C-4. Motion was seconded and carried 3-1. City Manager Cheney suggested that that portion of the E&A Report be brought back before the Board and see where that discussion would lead. The meeting adjourned at 9:30 P.M. -16- MINUTES - COMMISSION SPECIAL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 2, 1987 CITY OF BOYNTON BEACH, FLORIDA Mayor Comml ssioner ATTEST Reco¥~i~ Secretary (Two tapes) (Transcribed from tapes) -17-