Loading...
Minutes 09-13-85MINUTES OF THE SPECIAL CITY COUNCIL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, FRIDAY, SEPTEMBER 13, 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 every~one and called the meeting to order at 7:30 P. M. AGENDA APPROVAL It was voted unanimously 5-0 to accept the agenda as pre- sented. ANNOUNCEMENTS At the last Council meeting, Mayor Cassandra recalled that he informed the people in the audience that this would be first reading of the Ordinances and, in his opinion, it was not a public audience. The second reading, on September 25, 1985, would be the public hearing where everybody would have a chance, in a time limit, to speak. SUbsequent to that statement, four requests were received from Attorneys. One represents Seaboard; one represents the Winchester property or the M-1 area of concern; another was from the Tradewinds, and the fourth was representing citizens from Leisureville. Since this is a democratic Council and they let the majority rule, Mayor Cassandra thought the landowners' Attorneys (3) should be allowed to speak a certain amount of time, which would be different than the Attorney for the citizens. Motion Councilman Zimmerman moved to let all four Attorneys speak, as he would hate to be a party to just letting the three speak. Councilman Warnke seconded the motion and hoped each speaker would be limited to five minutes. A roll call vote on the motion was taken by Mrs. Boroni, and the motion was DENIED by a vote of 3-2. Vice Mayor Ferrell, Councilman Hester, and Mayor Cassandra voted against the motion. There were protests from the audience and Mayor Cassandra explained that for the last ten years, there has been no public hearing on first reading, and he thought the policy should be maintained on any issue, no matter how sensitive - 1 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 it is. Mayor Cassandra said they would be allowed to speak at the public hearing. As City Manager Cheney saw the issue and interpreted the last Council vote on the issue, it had to do with granting the application conditioned on staff comments. One staff comment specifically identified that because of subdivision regulations, there has to be access provided to nearby land that otherwise might never be able to get access because of the question at hand. City Manager Cheney was talking specifically about a piece of land east of the Seaboard Railroad owned by the Winchester family, and he thought they were talking about this pending application providing access to that land. City Manager Cheney believed if some of the Attorneys had spoken, they would suggest that Mr. Winchester at one time bought land he knew did not have access and, therefore, the City's subdivision regulations do not apply. It was his feel~ing that whether the City's subdivision regulations apply did not in any way have to do with the kind of ownership someone has on a piece of land. It seemed to him that they want the City to make a decision that forever would leave a piece of land unreachable. During the interim between the last public hearing and his proposal at the last Council meeting, City Manager Cheney saw no indication that the representatives of the Tradewinds project were taking any steps to make access available to the Seaboard Railroad land or the land east of the Seaboard Railroad. If the Attorneys had spoken, they might have said something about the access. If they had spoken, and Trade- winds had not given any positive indication of making access available and thus complying with what he thought was the proper interpretation of the subdivision regulations, City Manager Cheney said he would have recommended that the Council not pass this on first reading because he would have thought they would be passing something on first reading that did not in any way comply with the City's subdivision regul~ations. City Manager Cheney stressed that it was important that the Council have an opportunity to make a decision on this one way or the other between now and October 1st because if they did not make a decision, the action probably could not ever be finalized again until sometime in the middle of 1986 ~ecause of the new State planning legislation, which will be in effect on October 1, 1985. Therefore, without having any fiurther comments on the access questions, it appeared - 2 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 to City Manager Cheney it might be well to be sure the issue is kept alive until public hearing. City Manager Cheney said the Council may deny it but it may be appropriate that this be passed on first reading as writ- ten with some understanding and stipulation and feeling in the public record that the second reading will have to address the issue of access to the Seaboard land and the Win~chester property. That would give Tradewinds two weeks to gain that kind of understanding that that is where the City stands tonight and to come forth at the public hearing with some indication of access. City Manager Cheney emphasized that his comments were only relative to the access question which, in his judgment, was a legal question relating to the City's Code. He was not addressing himself to the issue of density or land use. At this point, those were policy issues, and he thought they were the ones people from Leisureville were concerned about. In City Manager Cheney's judgment, those issues would be moot if the access issue was not resolved. City Attorney Vance recalled that the proposed rezoning, as approved by the City Council two weeks ago, included a staff comment that access be provided to land lying to the east of the Seaboard Coastline Railroad. Staff was informed that there are six lots owned by Seaboard, lying on the west side of the railroad tracks, which are also being cut off at this point by the proposed rezoning. City Attorney Vance read Appendix C, Subdivision Platting, Article X, Sec. 10 of the Code into the record. He said the Ordinances drafted, which were on first reading tonight, ~ncorporated the staff comments and, therefore, incorporated the requirement of access. At this point and time, as City Manager Cheney indicated, Attorney Vance also said no pro- vision for access had been presented to the City staff. Vice Mayor Ferrell asked if there was not access from the north. City Manager Cheney did-not know of any public legal access to the Winchester property and said there is no access to the five or six lots Seaboard owns on the west side of their railroad tracks. There is currently the ability to drive down there, but he did not believe there was public access to the Winchester property. To City Manager Cheney's knowledge, there has never been a public access once you cross the track going south. All you have there is the left- over of Ocean Avenue. - 3 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 City Manager Cheney informed Mayor Cassandra that from October 1, 1985, the Council cannot make a final decision on a land use item until after it has been sent for review by the State for a period of at least ninety days. That would get them very close to the end of December, and it would be very likely that it would not fit in during the last few days of December. Mayor Cassandra understood it was City Manager Cheney's opinion that the Ordinances were written with all staff com- ments and that it would be advantageous for the Council to hear on record the Attorneys' admittance or non-admittance of giving an access route. If not, he asked if City Manager Cheney recommended this not be passed on first reading. City Manager Cheney agreed that was what he would have said, but the Council took a v. ote not to hear the Attorneys. Therefore, hie felt the Council should address the issue, assuming the Attorneys understand the staff comments, and they should look at all of the other issues. City Manager Cheney thought it would be best if they would pass the Ordinances, get to the public hearing, and air all of these things so they could get the whole story in front of them and can take final action. He felt it was important that they have the whole story. It seemed to Vice Mayor Ferrell it would be better to pass them tonight as the Ordinances were written and assume something would have to be worked out by the next meeting. Then City Attorney Vance said he would have to recommend that the Council not adopt the Ordinances because some people might debate whether or not access is required to the property east of the Seaboard Coastline Railroad. He did not think it was debatable with respect to the six lots Seaboard owns. At that point, the City would be taking an action that would simply come out to a taking of their property on second reading. If they passed it on first reading, City Manager Cheney said they would not get to that point. City Attorney Vance added it should be "with the understanding that something would be worked out." City Attorney Vance confirmed Mayor Cassandra's statement that a motion can be reconsidered in the same night's meeting if the winning side makes the motion. The person that seconded the motion does not have to second the motion to reconsider. He advised that a motion can be rescinded as long as someone has not changed their posture in reliance on the motion previously. - 4 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 Motion to Reconsider Mayor Cassandra had been away and could not attend the other hearings, but he had read the minutes. To properly vote, he said he could not vote tonight without having all of the information. Mayor Cassandra passed the gavel to Vice Mayor Ferrell and moved to reconsider ~he hearing of the four Attorneys for five minutes each. Councilman Zimmerman seconded the motion. Councilman Hester asked if this was mainly to find out if the Attorneys came to some agreement about the access of the property. Mayor Cassandra replied that was what he would want to hear and why he made the motion to rescind. If the Attorneys come up without an agreement, he would have to go by the advice of the City Manager, as well as the City Attorney. Councilman Warnke commented that there was no way the Council could go over the letters by the Attorneys which were presented to them tonight and make a decision. To resolve any future conflict, he thought they should hear the Attorneys because it might have some bearing on their deci- sion at the public hearing. Mrs. Boroni took a roll call vote on the motion, and the motion carried 5-0. Motion to Hear Attorneys Mayor Cassandra moved to hear the Attorneys for Seaboard; Tradewinds; Winchester; and Leisureville for a total of five minutes each. Councilman Warnke seconded the motion. A roll call vote was taken by Mrs. Boroni and carried 5-0. Presentation by Martin Perry, Attorney for Applicant Martin Perry, Esq., 501 South Flagler Drive, West Palm Beach, stated he would not attempt to address any remarks made by the Attorney for certain numbers of the Leisureville community until rebuttal. As to the issue of access to the Winchester property and to the Seaboard Railroad's six lots, which lie west of the railroad's right-of-way, Attorney Perry said the latter six lots are a new issue in terms of the public debate. As to Mr. Winchester, Attorney Perry said they advocated to the Council at the last hearing and supported the advocacy - 5 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 with a Memorandum of Law, as well as fact and documentary evidence, to City Attorney Vance. Attorney Perry also had some discussion with Mr. Winchester. The facts from the public records reflect that Mr. Winchester's property con- sisting of approximately seven acres was property which is the remainder from the original taking by the State of Florida for what is now 1-95. It was initially taken in 1948 !for a prior road that was to be a limited access express- way between Palm Beach and Dade Counties. There were addi- tional takings when it subsequently became 1-95. As a result of the takings, Attorney Perry said the then property owners were paid in full for their property, including the taking of their access. Attorney Perry did not agree with City Manager Cheney's remarks about the City's subdivision regulations and could not be more positive in his own feelings that Mr. Cheney's interpretation of the City's subdivision law was not correct. Attorney Perry said the lands Mr. Winchester now has and bought with full knowledge that the access was bought and paid:for during the takings for the limited access express- way were part of another platted subdivision and not this platted subdivision, which was the subject of their property. Attorney Perry continued that the discussions relative to the thoroughfare plan talked in terms of streets that were intended to cross. He suggested that the record is clear that those streets were never intended to cross that rail- road. The only crossing that is there is at Ocean Drive, and that crossing remains. As evidence, Attorney Perry submitted a letter from Seaboard indicating that they would grant to Mr. Winchester a right of access across their property. City Manager Cheney spoke of public access, and Attorney Perry said it may well be true that there is no public access, but access is access, and there is available access to Ocean Drive, and the railroad has submitted in writing that they are prepared to give it to Mr. Winchester. Attorney Perry suggested that legally, Mr. Winchester has no right to access through this property. Furthermore, that access would not have been g~ven to him under the existing plat because they would have been taking industrial property through residential property, and he suggested Mr. Winchester was gaining no further rights. Presentation by Mary M. Viator, Attorney for Seaboard Railroad Mary M. Viator, Esq., Caldwell, Pacetti, Barrow & Salisbury, Royal Park Building, 324 Royal Palm Way, Palm Beach, Florida - 6 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 33480-2775, said there are two parcels Seaboard owns. They own the parcels west of the Seaboard track, as well as the four acre parcel right next to the Winchester property. The basic position of the railroad at this particular time was that the railroad is considering the request to make avail- able the access and to make available the railroad property, but Attorney Viator said it was subject to meeting all~ of the conditions that would be necessary in order to make sure there would be adequate safety set up there. Presentation by Michael A. Schroeder, Attorney for Mr. and Mrs. Winchester Michael A. Schroeder, Attorney at Law, One Lincoln Place, Suite 301, 1900 Glades Road, Boca Raton, Florida 33431, said it was Mr. and Mrs. Winchester's position that they are entitled to access under the subdivision regulations. He felt the intent of the regulations was clear. Attorney Schroeder informed the Council that Mr. Winchester's property approximates 11 acres. Whether the applicant would say that the property should not be given access and should lay fallow and the City be denied the tax revenues and jobs that could be provided by the development of that land was the primary basis behind the subdivision regulations. Attorney Schroeder emphasized to the Council that Seaboard owns land on both sides of the railroad track and on both sides of the right-Of-way. To deny access across the track or to remove the requirement that this development provide the access to the track would also deny access across the track for the railroad. Since the last meeting, Attorney Schroeder said they have made great efforts to develop as best they could the possibility of obtaining a railroad crossing and have given a letter to the City Manager from Seaboard in which Seaboard sets forth the conditions upon which they would consider granting a crossing. Attorney Schroeder said most of the conditions require compliance by his clients, such as paying for the new crossing. His clients have agreed to perform all of the conditions imposed upon them. Tonight, Attorney Schroeder gave City Manager Cheney a letter from the Department of Transportation. In that letter, the District Railroad Coordinator said, on behalf of DOT, that DOT would look ~avorably upon the request for the new crossing provided that the City and the Railroad could reach an agreement with respect to it. Attorney Schroeder had no indication that the crossing could not be made a reality. One of the railroad's conditions for - 7 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 the creation of the new crossing will be the closing of the existing crossing, which he said should be of considerable importance to the Council because by closing the existing crossing, they will be able to eliminate the flow of indus- trial traffic onto Ocean Avenue and out onto either Boynton Beach Boulevard or up through the Leisureville area. Attorney Schroeder reiterated their position that the sub- division regulations do require that the Council provide for this access to the Winchester property. Presentation by Raymond Rea, Attorney for Leisureville Raymond Rea, Esq., 600 S. W. 1st Street, Boynton Beach, asked where the access would go, if it goes any place, and said there has been no indication that the access has been confirmed. Even if there was an access right now in the planning stage, Attorney Rea questioned what they would do with the traffic and asked where it would go. He pointed out that those questions were never addressed. They were not addressed before the Planning and Zoning Board because that was not a major issue to be considered. Attorney Rea pointed out (1) that the access has not been delineated and, as such, there is no answer as to where the traffic will go; and (2) that access route in and of itself may make such a substantial change in the master plan of this project that this project may have to go through the entire review process again. Attorney Rea suggested that a positive vote on the first reading of the Ordinances was essentially putting the Council in a position of voting on something so tender and unsolid as far as definiteness of the master plan and the details of it, that a "No" vote would be the most appropriate. Response by City Manager Chene~ City Manager Cheney informed Attorney Rea that, at the moment, there is no particular place for the access but, from his judgment, it would appear that the access would be approximately 100 feet north of the tangent of the curve of Seaboard Railroad, which would bring it about at the loca- tion of the Tradewinds' property. That was the south line of the proposed Baptist Church property for the remaining of that 80 foot right-of-way coming through the commercial pro- perty. City Manager Cheney said that was a general state- ment, but it would tie in with the standards of the Seaboard and the DOT. - 8 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 Points by Martin Perry, Attorney for Applicant Attorney Perry suggested that the point of access City Manager Cheney was talking about was the most southerly point possible. It was pretty much dictated by the Railroad, as indicated in their letter to Attorney Schroeder. Attorney Perry suggested that at that point of access, the Railroad would then have its own problem with the City's subdivision Ordinance because it then will be too far away for a long cul-de-sac, and this was no solution for them. As to the railroad and the six lots, Attorney Perry said they had discussions with the Railroad and confirmed that the Railroad did not believe them to be a problem. If they are, the Railroad would be amenable to entering into dis- cussions to sell the six lots west of the railway. Attorney Perry did not believe there had been any showing by Mr. Winchester, through his Attorney, that they are entitled to the access. He suggested other means of access were available and definitely exist, and it is no better or worse than what presently exists. Attorney Perry added that there was no basis for the Council to resolve a civil dispute between Mr. Winchester and this property owner, whether it was ill perceived or not. Mayor Cassandra asked Attorney Perry if his opinion was that Tradewinds, whom Attorney Perry represented, had no need to grant any accessibility to the Winchester property other than the Ocean Avenue access. What Attorney Perry was essentially saying was that the City Council was forcing them to acquiesce in granting this access, as this was presently the way the City's conditions were drafted. Frankly, in his opinion, the Council could go forward this evening with first reading on the Ordinances because the access was provided for in the Ordinances. Ail Attorney Perry was suggesting was that Mr. Winchester had no entitlement, legal or .otherwise, to that access, and it would not benefit the City in any way to grant it to him. It would create a more difficult problem. The City would be helping a private property owner benefit from a situation that he (Mr. Winchester) knew existed from the day he bought the property. Attorney Perry said it was not the same situation as painted in the sense that here is a fallow piece of land that the - 9 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 City has an obligation, under its Subdivision Ordinance, to provide access to. They would only be providing access to benefit a private property owner. To make it plain and simple, Attorney Perry sa:id there was no public necessity. Several people had asked Councilman Warnke why the owners of the property to the east (the Winchester tract) did not go to the Board of Adjustment and ask for a variance. He had said they could not do that because no City hardship was imposed upon them so they would have a stand to ask for a variance on the extension of the cul-de-sac. Based on the way title was acquired by the Winchesters, Attorney Vance advised that the WinChesters would have a real problem going for a variance because they bought land that lacked access. Therefore, any hardship would have been self-imposed. If that was the case, Vice Mayor Ferrell did not understand why the Council was saying they were obligated to provide it. Attorney Vance supposed there were two different questions: 1) The question of legal rights that the Winchesters might have, based upon the title that they acquired. 2) There is the question of the City's overall planning responsibilities in connection with real property within the City. By adopt- ing this Section of the Subdivision Ordinances, the City adopted an approach which said they would provide the best access they reasonably could for property that is undeVeloped in connection with the development of property. City Attorney Vance thought it was probably a generalized duty of any City to do that. In other words, City Attorney Vance said the City has a duty to provide the best road network within the city that it can. Mr. Winchester purchased land probably rather cheaply with definite handicaps with relation to the land, and a lot of access has been lost. That is Mr. Winchester's problem, and it might not have been worth anything, but the City does have an Ordinance that says they will provide access in connection with the development of land for land that adjoins or is adjacent to it. Vice Mayor Ferrell asked if he was to assume it did not mean anything if, legally, someone gives that up and it is paid for. Attorney Vance answered "Not in relation to the Ordinance. That, at least, is my opinion." He continued that the City's Ordinance exists in the abstract, as it were, and does not relate to any particular ownership or any problems of any ownership but relates to the overall best interests of the City. This is the way the City has stated its best interests in this particular Ordinance. - 10 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 Final Statements by Mary M. Viator, Attorney for Seaboard Addressing the four acres of industrial property Seaboard owns, Attorney Viator said Seaboard is interested in those acres because of the potential that would be opposite the prOperty and the need for the rails to their property so there is a definite use and benefit for these four acres. Attorney Viator also thought they needed to take into consideration the fact that the subdivision rules and regu- lations do apply to Seaboard in this particular instance. As to the cul-de-sac problem, if they have the access a little further south, Attorney Viator said they will have a shorter distance, and it would be a shorter type of cul-de- sac that would actually be involved. Also, this would be alleviating traffic through some of the more residential areas because if an alternative crossing site is chosen, the Ocean Avenue crossing will be closed. Attorney Viator added that.was conditioned upon all of the conditions that need to be met being met and all of the safety factors being met. Attorney Viator said the location at approximately llth Avenue is as far south as they can go, and the Railroad is willing to work if all of the parties can agree, whether it is the City, DOT, or the property owners. Mayor Cassandra asked what the City's responsibility would be to the Railroad's conditions. Attorney Viator answered that they are requesting the City to accept responsibility for the maintenance of the new crossing as well as ownership and maintenance of any of the interior roads. Mayor Cassandra questioned whether the City does that for any other crossing on the railroad. Attorney Viator did not know. She informed Mayor Cassandra that it would also have a guard gate. City Manager Cheney said there was no argu- ment that it would be a much safer crossing than the one at Ocean Avenue and would have current safety standards of the Railroad and DOT. Attorney Viator added that it was the position of the Rail- road that where they favorably spoke about the new crossing was based on all of the parties meeting and agreeing to all of the safety factors necessary. Mayor Cassandra asked if the road level was the proper height or if it would require raising the railroad track. City Manager Cheney understood it would not affect the rail- road tracks at all. From her discussions, Attorney Viator did not think it was a real problem. - 11 _ MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 Attorneys Schroeder and Rea had nothing further. If the new crossing is put in at approximately 10th Avenue or llth Avenue, Councilman Warnke said they would possibly be funneling industrial traffic into the development as proposed. By the same token, the Ocean Avenue crossing would be closed. Councilman Warnke thought they would also have the problem of whether this would be acceptable to the Fire and Police Departments. Vice Mayor Ferrell commented that over the next eleven days the access issue would have to be settled. Right now, Attorney Vance said the Ordinances required access. By second reading, Vice Mayor Ferrell determined there would either be a change or access would be required. If they get to second reading and no access has been provided, City Attorney Vance said he would have to advise the Council, assuming Seaboard is still objecting, that it may be diffi- cult. If it comes up for second hearing, Councilman Warnke requested that the Council get material at least two or three days in advance so it is not given to them the night of the hearing. LEGAL Ordinances - 1st Reading 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 City Attorney Vance read proposed Ordinance No. 85-49 on first reading by title only: "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- MENT OF THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL TO LOCAL RETAIL COMMERCIAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT - 12 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 OF THE COMPREHENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman Warnke moved approval of proposed Ordinance No. 85-49 on first reading, seconded by Vice Mayor Ferrell. Attorney Vance advised that the Ordinances are a package, and none of them can stand alone. City Manager Cheney said the Ordinance that was just read pertained to the commercial properties facing Wootbright Road. If they vote on C-3, Mayor Cassandra asked if the planned commercial district would automatically take place. Mr. Annunziato replied that the applicant would have to request that category. If it is zoned C-3, it is zoned C-3, and the applicant does not have to come back for commercial zoning. Councilman Zimmerman said it would extend the commercial further north. Mrs. Boroni took a roll call vote on the motion, as follows: Councilman Zimmerman Mayor Cassandra Vice Mayor Ferrell Councilman Hester Councilman Warnke No Nay Yes Aye Aye Motion carried 3-2. Proposed Ordinance No. 85-50 Re: Rezoning approximately 18 acres from C-2 and R-lA to C-3 - Shops at Woolbright Place City Attorney Vance read proposed Ordinance No. 85-50 on first reading, by title only: "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 C-2 (NEIGHBORHOOD COMMERCIAL DISTRICT) AND R-lA (SINGLE FAMILY RESIDENTIAL DISTRICT) TO C-3 (COMMUNITY COMMERCIAL DISTRICT), SAID PARCELS BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES" - 13 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 Vice Mayor Ferrell moved to adopt proposed Ordinance No. 85-50 on first reading, seconded by Councilman Warnke. According to the staff comments of July 31, 1985, Mayor Cassandra noted one had doubled the density and one has a traffic impact. He asked if this was the Ordinance with the traffic impact. Mayor Cassandra drew attention to page 6 of the staff's report where it said this would have a greater impact. He pointed out that the people of Leisureville still have two shopping centers. Also, Sunshine Square is within a one mile radius due east. The impact of traffic flow for 8th Street, as well as Woolbright, will be increased, according to the report by staff and Kiernan KildaY, K~lday & Associates, 1551 Forum Place, West Palm Beach. Mayor Cassandra pointed out that it was recommended that five items be put in this area but what will go there is what the City will allow by its Codes. He asked which traffic zones were the City's. Mayor Cassandra told Mr. Kilday all of the statistics were of Palm Beach County. He said they talk about the increase of population growth to the year 2000 but Boynton Beach does not fall into all of those zones, and Mayor Cassandra stated he is concerned about Boynton Beach's zones, not what will happen to Palm Beach County. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Casandra Vice Mayor Ferrell Councilman Hester Councilman Warnke Councilman Zimmerman Motion carried 3-2. Nay Yes Aye Aye No Proposed Ordinance No. 85-51 Re: Amending the Future Land Use Plan from Local Retail Commercial, Moderate Density Residential, and High Density Residential to Medium Density Residential - Woolbright Place City Attorney Vance read proposed Ordinance No. 85-51 on first reading, by title only, as follows: "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- MENT OF THE COMPREHENSIVE PLAN OF THE CITY BY - 14- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM LOCAL RETAIL COMMERCIAL, MODERATE DENSITY RESIDENTIAL AND HIGH DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPRE- HENSIVE PLAN ACCORDINGLY, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Councilman Hester moved to adopt proposed Ordinance No. 85-51 on first reading, seconded by Vice Mayor Ferrell. Throughout this entire issue, Councilman Warnke commented that he was looking at having five different owners in that section developing in different directions. He felt if the shopping center is established on Woolbright Road for the residents of that property, they would be less inclined to travel Ocean Drive through Leisureville to go out to Congress Avenue. Councilman Warnke thought it would reduce some of the traffic on Ocean Drive. He clarified that he was talking about the whole package. Mayor Cassandra commented that having two land owners versus five land owners does not necessarily mean you have a better development and less people to deal with and he explained. Councilman Zimmerman informed Mayor Cassandra that they were now talking about the Planned Unit Development (PUD). Mayor Cassandra asked if this .was where the density was approxi- mately doubled. He pointed out to Councilman Warnke, who is concerned about water, that according to the City staff, this whole development will increase the City's water requirements. Also, there is no guarantee that people will not go through Ocean Avenue. Councilman Warnke wished it to be on record that he has no objection to furnishing water, sewer, and City services to our own citizens. What he objects to is serving the areas outside of the City that may be endangering the supply of Boynton Beach's own residents. At Mayor Cassandra's request, Mrs. Boroni took a roll call vote, as follows: Vice Mayor Ferrell Councilman Hester Councilman Warnke Councilman Zimmerman Mayor Cassandra Motion carried 3-2. Aye Aye Aye No Nay MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 Proposed Ordinance No. 85-52 Re: Rezoning approximately 88.7 acres from C-2, R-lA and R-3 to PUD with LUI of 5.0 - Woolbri~ht Place City Attorney Vance read proposed Ordinance No. 85-52 on first reading by title only: "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~iA (SINGLE FAMILY 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 ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE 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 moved to approve proposed Ordinance No. 85-52 on first reading, seconded by Mr. Hester. Mayor Cassandra asked if this was where staff was concerned about the height (a possible four stories, which would not be conducive to the community). Mr. Annunziato advised that they can have four story buildings in a Planned Unit Develop- ment (PUD). Mayor Cassandra commented that the Council does not always agree with the City staff. Here, the Comprehensive Plan is involved each timer and it seemed they neglected the aesthetic consideration of the surrounding area and had no commitment from the developer saying he would not build four Story high buildings. That was Mayor Cassandra's overall concern about the staff comments. Attorney Perry informed the Council that they have made commitments throughout each and every public hearing that there would be no structure in excess of two stories in this project. They made the commitments privately to the people that objected to them, privately to the people who - 16 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 agreed with them, and would stand and make it again tonight. Attorney Perry emphasized that there will be no buildings in excess of two stories, and he recommended that if it bothered the Council that they make it a condition of each and every Ordinance. City Attorney Vance preferred to do that in connection with staff comments. Then it would be taken care of when the applicant complied with staff comments. If staff recommends i~ Mayor Cassandra said it must be followed. City Manager Cheney stated that it could be readdressed at the public hearing. Mrs. Boroni took a roll call vote on the motion, as follows: Councilman Hester Councilman Warnke Councilman Zimmerman Mayor Casandra Vice Mayor Ferrell Aye Aye No Nay Aye Motion carried 3-2. Proposed Ordinance No. 85-53 Re: Amending the Future Land Use Plan from Local Retail Commercial and Moderate Density Residential to Office Commercial - Woolbri~ht Center City Attorney Vance drew attention to the fifth line from the bottom of the title where it read "RETAIL COMMERCIAL TO OFFICE" and said it should read "RETAIL COMMERCIAL TO OFFICE AND PROFESSIONAL COMMERCIAL. This was inserted in the title of the Ordinance. City Attorney Vance then read proposed Ordinance No. 85-53 on first reading by title only: "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 COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND DESIGNATION IS BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL AND LOCAL RETAIL COMMERCIAL TO OFFICE AND PROFESSIONAL COMMERCIAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ACCORD- INGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." - 17 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 Councilman Warnke moved, seconded by Vice Mayor Ferrell, to approve proposed Ordinance No. 85-53 on first reading. Councilman Zimmerman said this is the commercial along the canal, where they plan two story commercial buildings, including a bank. Councilman Warnke remarked that is their intent. There was discussion about people buying property and then selling it. Mayor Cassandra said they broke up that portion from C-1 to proposed C-3 and he thought C-1 and C-2 were also alongside it. Mayor Cassandra asked if that would constitute spot zoning. Mr. Annunziato replied that it is zoned C-1 across the canal to the west, and it is also zoned C-1 across Woolbright Road to the south. Directly south, on the west side of 8th Street extended to the south, where the two story office building is, it is zoned C-1. East of that is C-3. A vote on the motion was taken by Mrs. Boroni, as follows: Councilman Warnke Councilman Zimmerman Mayor Cassandra Vice Mayor Ferrell Councilman Hester Aye No Nay Yes Aye Motion carried 3-2. Proposed Ordinance No. 85-54 Re: Rezoning approximately 8.3 acres from C-2 and R-lA to C-1 - Woolbriqht Center City Attorney Vance read proposed Ordinance No. 85-54 on first reading by title only: "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 RESIDENTIAL DISTRICT) AND C-2 (NEIGHBORHOOD COMMERCIAL DISTRICT) TO C-1 (OFFICE AND PROFESSIONAL DISTRICT), SAID PARCELS BEING MORE PARTICULARLY DESCRIBED HEREIN; AMEND- ING 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 proposed Ordinance No. 85-54 on first reading, seconded by Vice Mayor Ferrell. - 18 - MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1985 Mrs. Boroni took a roll call vote on the motion, as follows: Councilman Zimmerman Mayor Cassandra Vice Mayor Ferrell Councilman Hester Councilman Warnke No Yes Aye Aye Motion carried 3-2. PUBLIC HEARING SEPTEMBER 25, 1985 AT 7:30 P. M. Mayor Cassandra announced that there will be a public hear' ing on September 25, 1985 at 7:30 P. M. on what was heard tonight. At that time proponents for and against the Ordinances may speak and there will also be time limitations at that meeting. ADJOURNMENT Vice Mayor Ferrell moved to adjourn. The motion was seconded and unanimously carried with the meeting properly adjourning at 8:50 P. M. CITY OF BOYNTON BEACH, FLORIDA ~~ ~6~~~Mayor - -~~~~lc~~e ayor ~_~ty Clerk ~ Councilman Reco~gTSa~Tta~ ~ Council-~an - 19 -