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Minutes 09-25-85MINUTES OF THE SPECIAL CITY COUNCI'L MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, SEPTEMBER 25, 1985 AT 7:30 P.M. PRESENT Nick Cassandra, Mayor Robert Ferrell, Vice Mayor Ezell Hester, Jr., Councilman James R. Warnke, Councilman Carl Zimmerman, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Cassandra welcomed everyone and called the meeting to order at 7:30 P. M. He recognized the presence in the audi- ence of former Mayor Marty Trauger and former Councilwoman Lyn Huckle. Mayor Cassandra requested courtesy to be extended to both sides speaking tonight. Everyone will be allowed to speak, but a time limit will be enforced'. The church is not an issue here, but the development being discussed. He then announced the speaking schedule to'be followed. Coluncilman Zimmerman asked if a public hearing was going to be held on each item separately or a public hearing for the group and Mr. Vance informed him it is a package with all ordinances interrelated and he suggests hawing one hearing. He asked if the attorney ~for the applicant had any problem and Mr. Perry responded that he believes there we~three separate applications. It is true they were presented as a package, but at the last hearing, a separate vote was taken on each and every application as presented. Mr. Vance asked if he had any problem ~with one combined hearing and Mr. Perry replied he saw no proble the matters presented at one t six separate hearings. Mr. Vs attorneys present had no obje¢ hearing. He announced one hes all six ordinances. AGENDA APPROVAL Councilman Warnke moved to ap! seconded by Councilman Zimmern ANNOUNCEmeNTS Mr. Cheney referred to distrit Planner in response to concert buildings and advised it is rE no more than two stories and this becomes a staff comment m with one hearing with all ime and sees no need to have nce then ascertained the other tion to one combined public ring would be held relating to rove the agenda as presented, .an. Motion carried 5-0. uting a report from the City of the height for residential ~commended residential units be f the applicant is in agreement, nd condition of approval. SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 LEGAL Ordinances - 2nd Reading - Public~ Hearing Presentation by. Martin Perry, Attorney for Applicant Mr. Martin Perry referred to the planner having a presenta- tion with an aerial map and advised that they have designated two locations for access to the Winchester property, which they believe can be found acceptable to the railroad,i~but they don't believe Mr. Winchester is entitled to it nor should the city impos~ this condition, but it is agreeable to them. Mr. Kieran J. Kilday, Kilday & Associates, Planners, stated there were five separate property owners joined in this peti- tion and they have tried to replan a fragmented area. He pointed out various zonings proposed and explained how they fit together. Mr. Kilday then referred to the issues at the last meeting and stated the issue of the neighbors was to minimize impact. The re-alignment of 8th Street was a result of the neighbors' issue. He referred to access to the Winchester parcel and pointed out the current access and two options proposed. After telling about the two proposed options, he suggested the road to the north of the church being the preferred route. Mr. Perry stated on the issue of the height of the residen- tial units, they would agree to limit the height to two stories. There will be no buildings in excess of two stor- ies in the entire project. He clarified that on the issue of access to the Winchester parcel, they believe alternate No. 2 by the church and the residential area is the more appropriate access point. Mr. Perry continued that he thinks it is important that the Council also considers all the other factors presented with previous submittals, which have been the basis for most of the ~approvals thus far. There are definite benefits to the city. This piece of property is going tO be developed. He referred to the period of time in preparation and stated the only issue raised was density, The density proposed is no more than the Leisureville density and with the buffering and shifting of S.W. 8th Street, they have made certain the density proposed closest to Leisureville is significantly less than Leisureville. The intersection at Woolbright Road is at a high traffic intersection and the only logical use for that corner is commercial. Every effort has been made to plan this project in accordance with the desires of Leisure- ville in regards to traffic, offering parks with significant acreage, density, etc. - 2 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 Mr. Perry then referred to the budget hearing and'advised this project at completion represents $500,000 of tax reve- nue to the city. Also, they are building an'important link in the city street system going from Woolbright Road to Boynton Beach Boulevard as an alternate north/south road. This proposed plan meets the goals and objectives of the comprehensive plan. Mayor Cassandra agreed that this land is going to be developed, but stated it will be under the control of the Council. He agrees the tsx~base is always a consideration, but growth doesn't necessarily mean there is more revenue coming in with the tax rate going down. Councilman'Zimmerman questioned the overall density in,he residential parcels and Mr.. Perry informed him the overall density is 7.6 and Leisureville is 7.2. Councilman Zimmerman disagreed with stating Leisurevill~ is 6 overall. Mr. Kilday added it is 8,6. Comments from Those in Favor Pastor Cha~es E. Brannon, representing the fellowship of First Baptist Church, requested the church supporters to stand up to be recognized. He stated, there are 'six good reasons about the-feasibility and positive aspects of this building project: Unity - Without unified development, there is no order and they are presenting a comprehensive unified program. Family - Every family would like to have their own single family dwelling, but that is not realistic. There is an option to the single dwelling and that is what is presented in'this plan. On this site will be a church and school,-which will promote family growth on this site. Money - This is an income producing positive project. Conservation - This project will conserve resources around the area with parks .and other sites. He is totally in disagreement with Mr. Winchester, but rea- lizes the potential of making a concession, but does not believe they should have their rights violated. Integrity - They want to preserve the integrity of this site. The First Baptist Church'has every right to restrict the deeds coming into the site. They are considering what is right for the City of Boynton Beach. - 3 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 Cooperation - This project allows a way to control growth. Pastor Brannon concluded that this project as presented should stand on its own merits. He encourages the Council to vote affirmatively for the City of Boynton Beach. Mayor Cassandra stated the church should not be an issue, but consideration be given to this as a development. Pastor Brannon replied they are inseparable. Mayor Cassandra clari- fied that it is the city code and the developer does not make the code requirements. Pastor Brannon explained that deed restrictions will be built int° the agreement. Councilman Zimmerman asked if deed restrictions would apply to the com- mercial or residential areas and Pastor Brannon replied the agreement refers to the commercial site. Councilman Zimmerman referred to. the residential areas being condominium developments and questioned how many associations would be involved and Pastor Brannon replied that he did not know, but would think it would be resolved by the homeowners' association. Ms. Dorothye S. Vaughan, ~34 S. W. llth Avenue, Boynton Beach, referred to being a member of the Building Committee of First Baptist Church and stated they have been negotiating with the principals of Tradewinds Corp. for several months. Their goal has been to present a development that is both beautiful and functional. It will be an asset to the city and a credit to Tradewinds Corp..· Every effort has been made to buffer and beautify the view in all directions. It is their ho] Council will recognize the positive potential of thi.~ and approve this plan. Mr. Tim Wood, 505 N. E. 3rd Streetf Boynton Beach, r~ to the access problems and stated they are now proviz access through the residential area. He thinks thiS positive development. It will not hurt the neighbor~ way. Mr. Dale Hatch, 1211 S.W. 1st Street, Boynton Beach, he has been looking forward to the day when they woul this particular project developed. He told about~th~ being given seven.lots in this area many years ago w~ gave to Bass Creek for.development; however, they ha~ gotten them back. He believes it is intended for th~ to build here and asks the Council to vote in favor. )e, the proposal ~ferred ting is a in any stated .d see church ~±ch they ~e now church Mr. Buddy Stuart, 334 S.W, 12th Avenue, Boynton Beach, stated this is a great thing and he has no doubt that it is going to be approved. There is a need in the residential area to the - 4 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 north for recreation and the parks in this area will provide some for them. Mr. Leon Smiles, 2097 S.W. 13th Terrace, Boynton Beach, stated he lives in Leisureville and is in favor of this pro- ject. This project should be considered for the betterment of Boynton Beach. Mr. Joe McMinamen, 122 S.W. 14th A~enue, Boynton Beach, stated the church will be built ~any ~way, but this is an opportunity to have 8th Street moved away from Leisureville and not have four or five people constructing various projects. A vote in favor will get this project done right. Ms. Robyn Maddern, 1102 S.E. 3rd Street, Boynton Beach, stated she feels this proposed project is a positive alternative to the empty vacated homes there now'vandalized. She told about Leisureville being a nice area to camp, fish, 'etc., and if that had not been approved., these residents would not have a place to live. She feels this project is a definite ~positive to vacant property there now. Mr. Randy Bledsoe, 4640 Barrett Street, referred to m~ving here from Dade County and stated he has been exposed to hodge-podge development and also organized devet'opmen%. He encourages the Council to vote in a positive manner because.this is a definite asset. Mr. Mark Perehinec, 521 S.W. 1st Court, Boynton Beach, stated from his viewpoint, he cannot see how this project can be any- thing but posit~e for Boynton Beach.~ He asks the Council to vote from within their hearts, because they will have to live with it. If it is not Tradewinds, then it is a question of who and if~not built now, then when? Ms. Debbis Skeens, 613 West Ocean Avenue,. Boynton Beach, stated she was distressed when Leisureville spoke for Lake BOynt0n Estates as nobody fromLeisureville has even approached them. There are a lot of children in her area 'and they have the feeling that Leisureville people don't like them. She told how the children are confined to playing ih Lake Boynton Estates. Mr. Clyde Worrell, 2668 S.W~ 23rd Cranbrook Drive, Boynton Beach, stated he thinks the project of Bass Creek of single family homes in this old city area is a thing of the past for profit making. He does not think single family ownership will succee~ as it is presently.zoned. He thinks this pro- posed plan is the.highest and best use for this parcel. Con- cessions have been given to accommodate all the neighbors - 5 - SPECIAL CITY COUNCIL MEETING BOYNTON BE~CH, FLORIDA SEPTEMBER 25, 1985 and he thinks there is a blend everyone can live with. The church feels good about controlling the commercial area. This community will be limited to eight 'per acre and the area adjacent to Leisureville will be less.. Growth is inevi- table. He recommends this project be approved. Mr. Norman Gregory, 644 S.W. 3rd Avenue, Boynton Beach, stated developments like this are able to be brought into Palm Beach County with the understanding from government bodies who recog- nized they have an obligation as government servants to're- spond to community.needs. It is in that text that he prevails upon the Council to let reason prevail~here tonight. This is a good project. Having lived in Lake Boynton Estates for more than thirteen years, he knows they have been set aside as a neglected group of people with over~'250 single family homes. This project provides for an eight acre park together with a shopping center. It is going to provide a major access road from Woolbright Road to Boynton Beach Boulevard and beyond. He requests the Council to look at this project very seriously and give it utmost consideration, not .only for the people here today but for future generations. Without such a project, there will be worse trouble down'the road. Comments from Those in Opposition Mr. Raymond Rea, P. O. Box 251, Boynton Beach, attorney repre- senting Mr. Rick Rossi, stated there are a lot of good points with this project and he would like to agree with Mr. Perry that this project ~should not be turned down because of ques- tions about the access road, but suggests there are a lot more significant reasons to turn this project down. It was indicated that sometime this propertY will be developed; but unfortunately, thiS is not the time because this is not the project. It was indicated this development is compatible with the comprehensive plan, but there are six separate ordi- nances to accomplish that. The plan has to be amended to accommodate this development. There are numerous reasons to turn down this project,"because it is not appropriate. In regard to staff comments, each specific point is sufficient to justify denial and he referred to the present zoning being viable, water and sewage demand increas£ng, traffic increasing, density and population increasing, increase in amount of com- mercial area, guaranteed uses in commercial area, sale,or rental status of residential units, etc. He then referred to the density and stated he suggests it is-considerably higher with eliminating the church and commercial properties and thinks it would be approximately 10.89. He streSsed that it can be turned down for any one of the reasons delineated by the staff. - 6 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 Ms. Shirley Altieri, 1917 S.W. 13th Avenue, Boynton Beach, stated she agrees there should be progress, but ~progress with some semblance of restraint, responsibility; good planning and good growth. She feels the elected officials should show some responsibility to those living in close proximity to this overbuilding. The detriment of this was stated by the City Planner in regard to the drain of water and other faci- lities. This is more than 2½ times-what the~zon±ng allows. The plans show a shopping center and office ~¢omplex 'and these would be justified if there was a need. She referred to the rental apartments available, moderately priced houses for sale, stores and offices available. She urges the~members of the Council to vote no~ If the Council feels this project does merit consideration, she requests that it be postponed to meet the new legislation and not rush it through. Ms. Marge Roberts, 112 SiW. 8th Place, Boynton Beach, stated her property is adjacent to this proposed new development. To date, she has collected signatures of over'800 residents who oppose this project and many winter residents in Leisure- ville have not returned~ With the increased'traffic and high density, it could destroy the state of Leisureville's elderly residents. Once this rezoning takes Place, 'the developer can change the plans. They are also very concerned about the three out parcels, which will be sold by the developer. There would be no obligation to the new owners to do what is set forth by TradeWinds. She cannot see anyway this develop- ment would benefit the community. To consider this is ver~ unfair to the residents of Leisureville. She strongly urges the Council to vote no. Mr. Joseph Molina, 811 S.W. 6th Avenue, Boynton Beach, advised that Representative MesSersmith also voiced a negative opinion for this project. There is no reasonable professional assur- ance this land will be an improvement for the city or citizens. There is no substantial addition to the tax base. Additional crime occurs at each new commercial center. There will'be increased traffic. There is no evidence substantiating the need for another shopping cente'r with various stores closing in the area. In view of what is being built in the surround- ing areas, there is no need for this. He requests the Council to vote against this request. Mr. Simon Ryder, 2379 S.W. 13th Avenue, Boynton Beach, stated he feels the prime issue here is the need for the change in the land use has not been addressed nor the need for them to be located here. There are scores of office buildings and shopping centers all over. There ~ill be,'thousands of condo- minium units on Congress Avenue. In each instance, the com- mercial developments were located in areas zoned for that purpose and.did not threaten the way of life of established residential areas. He referred to the State Legislature - 7 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 enacting a growth management act and told about other cities discouraging changes from residential to commercial. The City Planning Department studied this request and recommended denial. This will increase traffic, overtax water and sewer, etc. Adequate facilities and zoning are available elsewhere where it will harm nobody. By denying these requests for re- zoning, the Council will affirm the recommendations of the staff. Ms. Pam Lazzara, 1306 S.W. 15th Street, Boynton Beach, stated Leisureville is very much againSt these zoning changes. They do not want to give up R-lA single family zoning, which is so important to them. There are only a few areas left in Boynton Beach in that zoning category., More office space is not needed. A high density PUD in a small area will put a drain on water and sewage. The traffic generated into Leisureville will destroy LeiSureville. She urges the Council to vote against these zoning changes and against this project and protect the city and Leisureville. Mr. Steno Verrazzani, 2101 S.W. 15th Avenue, Boynton Beach, referred to the numbers stated'with the density going to approximately 8.6 or 9 per acre, which is an increase of 30%; the traffic increasing by 50%; the commercial square footage by 225%, etc. Mr. Dominic Altieri, 1917 S.W. 13th Avenue, Boynton Beach, explained that nobody could be against a church and school surrounded by ~apartments with little Parks, but stated what is being planned is a 760 unit condomin±um.~. It would be preferable to have single family homes around the church instead of commercial buildings. Also, an access road will be given to the Winchester property by the church. He re- ferred to newspaper reports noting excess .real estate in Palm Beach County for sale. He clarified that the Palm Beach Leisureville Association opposes Woolbright Place and so do a majority of residents living in Leisureville. With only three members of the Council being present at the last meeting, he does not know why there was such an urgency to pass this through. Mrs. Virginia Foot, 2400 S.W. 1st Street, Boynton Beach, representing the Greater Boynton Beach Chamber of Commerce, stated they are concerned about the land use and zoning changes proposed as they affect the industrial zoned land lying between the railroad and 1-95. Their concern is re- lated to the access availability. This is one of a few industrial sites able to offer rail service. They urge the Council to support the staff recommendation for proper access to this property by motor vehicles as a condition of granting the land use and zoning as requested. - 8 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 Presentation by Michael A. Schroeder, Attorney for Mr. & Mrs. Winchester Mr. Schroeder clarified that his clients, Mr. & Mrs. Winchester are not opposed to this proposed project. Their position has always been that they merely want access to their property. The developer'has proposed two alternative routes of access~ If the recommended northe~ location is acceptable to the city, meets applicable design criteria and is acceptable to the rail- road, then it is acceptable to his client. They'have provided a traffic study with the issues to be considered regarding this northern route proposed by the deVeloper. Mr. Daniel N. Murray, Traffic Engineer, stated he evaluated the transportation issues and will comment on the access pro- posed to the north. If the proper design is developed, there will be no problem and~he explained the layout for this road and connection to S.W. 8th Street. Also, he suggests that S.W. 8th Street be four lanes' fr~om Woolbright Road north to a certain point in order to deal with the traffic from the three combined projects. Presentation by Mary M. Viator, Attorney for Seaboard Railroad Ms. Viator confirmed that Seaboard would-not accept the south- ern access location and stated it has been ~the position of Seaboard Railroad officials that they would support a new crossing providing all the necessary safety factors have been complied with, Councilman Zimmerman questioned closing the Ocean Avenue crossing and Ms. Viator agreed this would be one of their prerequisites. She clarified that they are in agree- ment with the northern access if the developer will'proV±de usable access to the city subject to their approval. Response by Martin Perry, Attorney for Applicant Mr. Perry referred to Mr. Rea representing Mr. Rick Rossi to- night and stated that he previously represented Leisureville and stated he finds it interesting that not once was it indi- cated what Mr. Rossi's interest was in objecting to this project. He is also confused about Mr. Rea's comments as they were in reference to the utilities, which were discussed previously. There are enough,'ut±lities in the city to handle any proposed developments for the next 15 years. This is a prOperty owner wanting to develop property. Mr. Perry referred to the issue of the city to control this development and advised that the PCD ordinance was recently passed and they will agree to be bound by'that ordinance. - 9 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 Mr. Perry continUed that if an ordinance is developed to control a planned office park, they will be bound by it. They are not here to take advantage of the city, but are here to show good common sense planning for this property. They don't mind someone objecting if they have a valid ob- jection. Mr. Perry then explained how the density of a PUD includes roads, etc. and it is.not valid to suggest excluding the church, etc.~ The comprehensive plan presently shows higher density allowable along the railroad tracks than what they have proposed. They have made certain the area closest to Leisurevitle is less in density than Leisureville. He was told the density of Leisureville was 7 units per acre by the Leisureville Board of Directors and the city staff. The comprehensive plan allows for 693 units on this property and they are asking for 764 unitS. If that is a problem, it will be reduced to 693 units. They have also submitted a traffic impact analysis. If the city agrees with Mr. Murray's traffic study, there is no'problem. The one developer can be controlled rather than having fiwe owners to contend with. They will voluntarily submit to any controls. It has taken 15 months to develop this plan with a lot of conc~ssi'ons. They have agreed to access for the Winchester property. He has met with Leisureville residents and that was the reason the road was re-aligned. He has met with the ~Board of Direc- tors and they saw no problems, but the neighbors disagreed. The petition submitted signed by 800 Leisureville residents is only a small percentage of the 4,000 residents. Mr. Perry clarified again the various areas of this proposed plan. They have complied with every' requirement of the city. They have met all the goals and objectives of the comprehen- sive plan. They submitted a traffic impact analysis and are prepared to meet the staff recommendations. They gave presen- tations to the Council and Planning & Zoning Board and re- ceived favorab~erecommendations. They ~have followed the rules and have done everything required. He~'requested the Council to consider this objectively and fairly giving it a fair hearing and favorable consideration, Mr. Rea responded that Mr. Rossi is a citizen of Boynton Beach. Comments by CitY Council Councilman Warnke requested clarification about the condominium associations and Mr~ Perry informed him there would be atleast one association and possibly two or three condominiums With an umbrella organization to cover it. He discussed this with the Leisurevitle Board of Directors and it was agreed the rules and regulations would be tailored to meet the Leisureville homes. - 10 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 Councilman Zimmerman referred to a lot of changes taking place since the plan was evaluated by the Technical Review Board and the Planning & Zoning Board such as the two story height, access road to the Winchester property, four laning 8th Street part of the way, another traffic study, etc. and stated the staff has no~ considered these and possibly there should be further review before final consideration is given. Mayor Cassandra replied that he would like to finalize it and requested Mr. Annunziato to comment. Mr. Annunziato stated he has been working diligently to~imple- ment the Council's position to provide for access. They have always considered one of the positive points which could be derived from this development would.be access to the industrial property from the east side and not through a residential area. The proposal to put access through the heart of the PUD is a substantial change. It may change the concept of the PUD and he thinks it should be analyzed. Mr. Cheney referred to the change from three to two stories and Mr. Annunziato replied that based on the position taken by the developer, he has agreed to a two ~story-limitation and he has provided that comment to be included, Mayor Cassandra read Mr. Annunziato's memo dated.September 24, 1985, noting this additional .staff comment. Mr. Cheney stated the new traffic report from Mr. Murray was received this morning and asked if Mr.' Annunziato had analyzed it. Mr. Annunziato replied that he read it. There are some questions with respect to the northbound exit lane on Woolbright Road handling the traffic. There is some concern about con- struction improvements. There is some concern about the trips per day. Generally, we would rely~ on the County Traffic Engi- neer fOr his expertise on this. Mr, Cheney stated the Council mus~ address whether a substan- tial change has taken place and M~yor. Cassandra referred t° the number of times the city staff and Council has reviewed this and stated last night and to~ay,~he received.additional packages. This Council must consider this deYetopment and the comprehensive plan and zoning changes. The question of a substantial change must be addressed by this Council by a vote. Vice Mayor Ferrell respo]~ded that while it may be a substantial change, we created .t by making the requests. Councilman Hester referred to a 1Qt of rumors going around and stated that he has not talked t¢~ anybody about this project. His vote is based on his resear~h and what he feels is best. - 11 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 Councilman Hester stated he has seen Boynton Beach grow and develop. He told about requests being made for rezoning and then the property is sold. Vice Mayor Ferrell referred to considering the tax base, one quality developer, re-alignment of 8th Street, building of the church, etc. and stated there were some comments about push- ing this through, but advised it was brought up at a regularly scheduled meeting and then put to the people for public hear- ings. He explained how staff .comments and Council considera- tion resulted in a system of checks and balances. The Council was elected to set policy and we have listened to the people, the staff, etc. Councilman Warnke commented ~that it is true when a piece of property is rezoned, that developer can possibly 'turn around and sell it to somebody else. He feels in this particular case when people have put 1½ years into a project they are looking at injecting $65,000,000 into a project like this, there is no way they would turn around and rescind everything presented. He is going on the faith they are going to keep their promises. Mayor Cassandra stated there are two sides to this issue and this Council will vote their conscience. Proposed Ordinance No. 85-49 - Re: Amending the Future Land Use Plan from Local Retail Commercial and Moderate Density Residential to Local Retail Commercial - Shops at Woolbright Place Mr. Vance read proposed Ordinance No. 85-49 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO~ 79-24 OF SAID CITY BY AMENDING THE LAND USE"ELEMENT OF THE COMPREHEN- SIVE PLAN OF THE CITY' BY AM~ND1NH THE LAND USE DESIHNA- TION OF'A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICU- LARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL; AMENDINH~ANY 'MAPS ADOPTED IN ACCORDANCE WI'TH THE LAND USE ELEMENT OF'THE COMPREHEN- SIVE PLAN ACCORDINHLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, A~ AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Warnke moved that proposed Ordinance No~ 85-49 be approved on second and final reading. Mayor Cassandra ascer- tained there was no seCond for this motion. SPECIAL CITY COUNCIL 'MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 Proposed Ordinance No. 85-50 - Re: Rezoning approximately 18 acres from C-2 and R-lA to C-3 - Shops at Woolbright Place Mr. BY REZONING SEVERAL BOYNTON BEACH, FLOR/ DISTRICT) AND R-iA ( TO C-3 (COMMUNITY CC BEING MORE PARTICUL~ REVISED ZONING MAP ~ CLAUSE, A SEVERABILI AND FOR OTHER PURPOS Vance read proposed Qrdinance No. 85-50 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON FLORIDA, AMENDING ORDINANCE'NO. 80-19 OF SAID CITY BEACH, PARCELS OF LAND WITHIN THE CITY OF DA, FROM C-2~ (NEIGHBORHOOD COMMERCIAL SINGLE FAMILY' RESIDENTIAL DISTRICT) MMERCIAL DISTRICT)., SAID PARCELS RLY DESCRIBED HEREIN; AMENDING THE CCORDINGLY; PROVIDING A CONFLICTS T¥ CLAUSE, AND AN EFFECTIVE DAT~; ES. Councilman Warnke moved t approved on second and fi tained there was no secon Proposed Ordinance ~ Land Use Plan from I Density Residential, Medium Density Resid The City Attorney r. ead p~ AN ORDINANCE OF 'THE BEACH, FLORIDA, AMEN CITY BY AMENDING THE SIVE PLAN OF THE CIT TION OF A CERTAIN PA LARLY DESCRIBED HERE BEING CHANGED FROM L DENSITY RESIDENTIAL MEDIUM DENSITY RESID IN ACCORDANCE WITH T HENSIVE PLAN ACCORDI A SEVERABILITY CLAUS OTHER PURPOSES. Councilman Warnke moved t approved on second and fi tained there was no secon Proposed Ordinance N 88.7 acres from C-2, Woolbriqht Place hat proposed Ordinance No. 85-50 be nal reading-. 'Mayor Cassandra ascer- d for this motion. o. 85-51~- Re: Amending the Future )¢al Retail Commercial, Moderate and High DenSity'Residential to ~ntial - Woolbright Place oposed Ordinance No. 85-51 by title: CITY COUNCIL OF THE CITY OF BOYNTON DING ORDINANCE NO. 79-.24 OF SAID LAND USE ELEMENT OF.THE COMPREHEN- Y BY AMENDING THE LAND USE DESIGNA- RCEL OF LAND WHICH IS MORE PARTICU- IN; SAID LAND USE DESIGNATION IS OCAL RETAIL COMMERCIAL, MODERATE AND HIGH-DENSiTY RESIDENTIAL TO ENTIAL; AMENDING ANY MAPS ADOPTED HE LAND USE ELEMENT OF THE COMPRE- NGLY, PROVIDING A CONFLICTS CLAUSE, E, AND AN EFFECTIVE DATE; AND FOR hat proposed Ordinance No. 85-51 be nal reading. Mayor Cassandra ascer- d for this motion. o. 85-52 - Re: Rezoning approximately R-iA and R-3 to PUD with. LUI of 5.0 Mr. Vance read proposed Ordinance-No. 85-52 by title: - 13 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING SEVERAL PARCELS OF .LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM R-lA (SINGLE F~4ILY RESIDENTIAL DISTRICT), R-3 (MULTIPLE'FAMILY DWELLING DISTRICT) AND C-2 (NEIGHBORHOOD COMMERCIAL DISTRICT)TO PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY.OF 5.0 (PUD LUI 5.0). SAID PARCEL BEING'MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP AC- CORDI~NGLY; PROVIDING THAT ALL DEVELOPMENT~ OF SAID PROPERTY SHALL PROCEED IN STRICTCOMPLIANCE WITH THE DEVELOPMENT' PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING'A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE;.AND FOR OTHER PURPOSES. Councilman Warnke mo~ed that proposed Ordinance No, 85-52 be approved on second and final reading. Mayor Cassandra ascer- tained there was no second for this motion. Proposed Ordinance No. 85-53 - Re.: Amending the Future Land Use Plan from Local Retail Commercial and Moderate Density Residential to Office Commercial - WoOlbright Center Mr. Vance read proposed Ordinance No. 85-53'by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELE~.~NT OF~THE COMP'REHEN- SIVE PLAN OF THE CITY BY AMENDING THE 'LAND USE DESIGNA- TION OF A CERTAIN PARCEL OF LAND WHICH IS~MORE PARTICU- LARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM .MODERATE DENSITY RESIDENTIAL AND LOCAL 'RETAIL.COMMERCIAL TO OFFICE AND PROFESSIONAL COMMERCIAL;. AMENDING ANY MAPS AD©PTED~IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COFIPREHENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Warnke moved that proposed Ordinance No. 85-53 be approved on second and final reading. Mayor'Cassandra ascer- tained there was no second for this motion. Proposed Ordinance No. 85-54 - Re: Rezoning approximately 8.3 acres from C-2 and R-lA to C-1 - Woolbright Center Mr. Vance read proposed Ordinance No. 85-54 by title: - 14 - SPECIAL CITY COUNCIL' MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 AN ORDINANCE OF-THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING SEVERAL PARCELS OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM R-lA (,SINGLE FAMILY RESIDEN- TIAL DISTRICT) AND C-2 (NEIGHBORHOOD COMMERCIAL DISTRICt) TO C-1 (OFFICE AND PROFESSIONAL ~DISTRICT) , SAID PARCELS BEING MORE PARTICULARLY DESCRIBED HEP~EIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; ~PROVIDING 'A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Warnke moved to approve Ordinance No. 85-54 on second and final reading. Mayor Cassandra ascertained there was no second for this motion. Mr. Perry stated he was informed by Mr. Annun'ziato that this property cannot be ~reconsidered again for a period of one year. He requests that this prohibition be waived and the matter be reconsidered. Mayor Cassandra suggested that this be researched in detail. Mr. Perry added that 'his concern is in most communities there are provisions whereby a denial on a zoning application can be done without prejudice. He is concerned with leaving this meeting without taking that matter into consideration or tabling until a future date. Mr. Vance informed him the final action has now taken ulace with respect to these particular ordinances. The applicant could have re- quested to withdraw earlier prior to the final determination. Mayor Cassandra asked if there was some way to come back to this Council and Mr. Vance replied that essentially the with- out prejudice approach is not provided.which Mr. Perry re- ferred to and only a substantially revised situation could come back~ Mrs. Vance added that he could meet with Mr. 'Perry and they could ~scuss it. H~.clarified that the Council has now taken action on these ordinances. Mayor Cassandra suggested that the attorneys meet. ADJOURNMENT Councilman Warnke moved to adjourn. The motion was seconded, unanimously carried and the meeting properly adjourned at 10:30 P. M. - 15 - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 25, 1985 ATTEST: CITY OF BOYNTON BEACH, FLORIDA C ount~l~man Recording S~cretary (Three Tapes)