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Minutes 08-01-79MINUTES OF THE SPECIAL CITY COUNCIL MEETING }tELD AT CITY HALL, BOYNTON BEACH, FLORIDA, WEDNESDAY, AUGUST 1, 1979 AT 7:30 P.M. RE: PROPOSAL TO REGULATE LAND USE PRESENT Edward F. Harmening, Mayor Betty Riscoe, Vice Mayor David Roberts, Councilman Norman F. Strnad, Councilman Walter "Marty" Trauger, Councilman Peter L. Cheney, City Manager Carmen 'Annu~ziato, City Planner Tereesa Padgett, City Clerk Mayor Harmening called the special meeting for Public Hearing on Comprehensive Land Use Plan to order at 7:30 P.M. He requested Carmen Annunziato, City Planner to lead off the discussion. Mr. Annunz!ato stated this is the first of two public hearings which must be held prior to adopting the Comprehensive Plan as proposed. The second hearing is scheduled to be held on August 21, 1979 at 8:00 P.M. in the Council Chambers. The proposed schedule is to prepare an ordinance for next Tuesday, the regular Council meeting, for first reading and then have the second reading of the ordinance on the 21st following the second public hearing and adopt the Comprehensive Plan. Mr. Annunziato stated that this plan does not propose to impose any land use regulations over the unincorporated area. The map that was published included the areas out to Military Trail. This Council can only impose land use regulations over those areas that are within the corporate limits. The other areas were just defined for location purposes. Mr. Annunziato further stated that for the record, Florida Power and Light recently proposed constructing a substation on property they own lust north of Mirror Lakes on Military Trail. Emanating from that location will be a 138KV transmission line running south on Military Trailwhich will branch off at both Old Boynton and New Boynton Roads going east and end up at the substation at the intersection of Old Boynton and New Boynton Roads in the City. Mr. Annunziato referred to the package he had orepared for Council entitled "Intergovernmenbal Coordination Resp0~ses" addressing the ones we are required to; others have been placed on file. The Mayor asked if anyone in the audience wished to speak in favor of the plan, or any individual elements of the plan. No one came forward. Mayor Harmening then called for those opposed to the plan. George Claeys, 800 S.W. 19th St., Boca Raton, stated he attended two previous meetings relative to the plan specifically regarding property he owns bounded by N.W. First Ave. on the south, N.W. Second Ave. on the north and N.W. 6th St. on the east. Mr. Claeys stated there is a certain portion which consists of approximately 500 ft.frontage by approximately 125 ft. in depth which has been MINUTES - SPECIAL CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA AUGUST 1, 1979 ~roposed as a residential classification, rather than the exist~ ing C-2 classification. Mr. Claeys stated that he opposed that particular zoning proposal. The Mayor questioned some prior action on this matter. Mr. Clayes stated previously he had made a proposal to effect a particular trade to facilitate ingress and egress to one's property in the rear. He had made the proposal to the gentlemen through his attorney and has received no response todate. He suggested either by warranty deed conveyance or perpetual ease- ment a 30 ft. conveyance to allow ~. Tobin, who owns certain property fronting on N.W. First Ave., access to enable ingress and egress to his property from N.W. First Ave. There has been no acceptance. Mr. Claeys ~hen showed a map of the area being a State Road Department right-of-way map showing the property prior to the taking and showing the property after taking of that project 1-95 and N.W. First Ave.; a detailed construction map showing where the end of the limited acess lies in relation to the prop- erty. It was noted that since the last time Mr. Claeys was here there has been no change. (Mr. Claeys stated that his property indicated on the right-of- way map is colored in blue and Mr. Tobin's in brown.) Residential classification has been proposed for this property and he is opposed to residential zoning for this particular parcel since he feels it is not suitable for that use due to the following negative factors: 1.1-95 carries approximately 50 to 60 thousand vehicles per day. 2. Property within approximately 200 ft. of 1-95; within 125 ft. of railroad track; immediately abutting N.W. Second Ave. (carrying 20,000 cars with capacity to carry 30,~00 cars) according to the Land Use Plan. Mr. Claeys further stated that Lake Boynton Estates subdivision being recorded i~ 1927 and since that time, on the north side of First Ave.,the s~reet that parallels this particular property, two houses have ~een built which indicates this residential property not being in demand. A Palm Beach Post article p~blished in February, 197~ entitled "Sound Property Appraisal and How It Works" was cited~by Mr. Claeys. Also, he feels, prope~t~ has epreclated in value by changing the zoning classification by 50 to 60%. He s~ated that so much of the property in the area has been developed commercially that he does not believe this property is suitable for residential purposes. -2- MINUTES - SPECIAL CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA AUGUST 1, 1979 Mr. Strnad expressed the opinion that this property should remain commercial and moved that it should remain C-2. Mrs. Riscoe sec- onded the motion. Mayor Harmening asked Mr. Annunziato to explain the reasoning for the proposed change. Mr. Annunziato stated the property is not accessible from N. W. 1st. Avenue. It was the intent of the Plan to reduce as much as possible con~uercial traffic through a residential zone. Within 200 ft. of this property there is a successful development of single family homes. The original recommendation was that everything east of 7th Street could revert to R-2 zoning - duplex zoning which would satisfy a need that we have in the City for rental housing. But based on evidence submitted by Mr. Claeys, modification was made in the recommendation to the extent that the property lying east of the median cut should remain in R-2 - medium density residential character, and that property lying directly south of the median of 2nd Avenue to continue in the C-2 category due to access. Mayor Harmening asked the Council for their thoughts on the subject. Mr. Roberts expressed the opinion that since there is still no access to the property no change can be made. Mr. Strnad asked Mr. Clayes how he proposes to use the property, if there is no proper ingress and egress. Mr. Ctaeys stated, with the exception of the parcel shaded in blue on the map, his property has ingress and egress. The blue portion is a narrow strip of approximately 8000 sq. ft. On NW Second Ave. there is 200 ft.. of-~ccessiSte frontage, the accessible frontage lying from the end of the limited access fence and approximately 202 feet westerly - then going back to N. W. 1st Avenue. Mr. Annunziato, City Planner, stated it was the above evidence presented by Mr. Clayes which resulted in the recommendation change. That property lying south of and west of the median cut which is a limited access right of way is the reason for pro- posed commercial use. Mr. Strnad then expressed his thoughts to the effect that some- times it is necessary for commercial property to abut residential property, but when zoning changes are made great care should be taken not to devaluate property values in the area. Mr. Clayes stated there are only two houses presently on that block, both at the corner of N. W. 7th St. and 1st Ave. The Right of Way of N. W. ist Ave. (approximately 50 ft.) separates the residential property from the commercially zoned property. He cited differences in zoning classifications of property lying east and west of the interchange, which he considered inconsistent. -3- MINUTES - SPECIAL CITY COUNCIL BOYNTON BEACH, FLORIDA MEETING AUGUST 1, 1979 Mayor Harmening asked if Council had any more questions. Mrs. Riscoe, Vice-Mayor, called for the question. Mayor Harmening stated the motion is to leave the zoning for Mr. Claeys' property "as is" which is C-2. Motion was made by Mr. Strnad and seconded by Mrs° Riscoe to leave the zoning intact, and change the Proposed Comprehensive Plan from R-2 to C-2. Mayor Harmenlng called for the vote, and the motion lost 3-2. ~yor Harmening asked if there was anyone else who would like to speak. ~. Jeff Tomberg stated that he represents Mr. Tobin who owns the property to the east of Mr. Claeys' prooerty. His opinion with re- spect to this property coincides with M~. Claeys. He believes that commercial zoning on the east side of 1-95 would have a greater impact on the residential areas in the City, whereas on the west side there is a truck route along NW 1st Avenue. Mayor Harmening interrupted to ask if Mr. Tomberg was requesting that Council reconsider the vote just taken. Mr. Tomberg stated that he was requesting that Council reconsider. Mr. Tomberg continued and stated that Mr. Tobin's property is more closely related to 1-95 than to the railroad track. He urges that Council reconsider in that the commercial zoning on the prop- erty owned by Mr. Tobin would be the highest and best use for it. He feels that in allowing Residential 2 zonin~ there the Council clearly violates its request or desire to hav~ a certain minimum square footage. Each of the lots are 50 x 135, and will not meet the minimum square footage requirement for duplex zoning of 7500 sq. ft. In light of these factors Mr. Tomberg requested the Council to reconsider their vote, and zone the entire area ~n ques- tion commercial. Mayor Harmening clarified that on the map Mr. Tobin's property is shaded brown. The Mayor mentioned that Mr. Tobin would have no trouble in meeting required R~2 lot size if he replatted the lots. Mr. Tomberg stated if that were required the result would be to deprive Mr. Tobin of one lot and the use of it. However, Mr. Tobin has decided to let the Council decide, and is going to trust that the Council will be fair and continue to classify the oroperty at its highest and best use - as commercial. - Mr. Tomber Mr. Tomber property a requested tha~ Councilreconsider' ' its vote. reiterated his remarks re the impact of 1-95 on id disagreed with some of the Planner's remarks. -4- the MINUTES - SPECIAL CITY COUNCIL ~ETING BOYNTON BEACH, FLORIDA AUGUST 1, 1979 Question was raised as to when the Tobin property was zoned com- mercial. Mr. Tomberg stated he had been informed by Mr. Tobin that it has been zoned commercial for at least 7 years. Mr. Roberts questioned the schedule for updating the comprehensive plan and the City Planner suggested 2 to 5 years. No action was taken on this request. At this point Mr. Ron Dixon, of Robert E4 Owen & Associates, Inc. identified a parcel of land bordered on the south by N~E. 22nd Ave., on the north by 26th Ave. t on the east by the F.E.C. and on the west by N.E. 4th Street and requested the City not to rezone the southern portion along N.E. 22nd Ave. to Commercial but rezone it to high intensity residential like the remaining portion of the tract. He stated it was the plan of the Developers of this parcel to soon petition the City for a Planned Unit Development consist- ing of garden apartments and town houses with approximately seven (7) to eight (.8) dwelling units per acre. After discussion as to the exact location, Mr. Annunziato clarified that high intensity is similar to R-3 zoning. He advised the Council that the staff recommended approval of this requested change. Mr. Strnad made a motion to zone the entire parcel residential. Motion seconded by Mrs. Riscoe and carried 5-0. Mr. Wayne Upton, 1401 S.W. 25th Ave., spoke in reference to the land at the S.E. corner of Congress and Golf Road. Mr. Annunziato verified that it was proposed multi-family residential to continue the town houses. Mr. Upton stated that he understood a letter had been sent to the Golf View Home Owners' Association for considera- tion to chhnge this area to commercial. He requested that the Council keep this are residential. The Mayor stated that the Council had received no such request and clarified that subject area was proposed R-3 on the plan at this time. Mr. Peter De Caprio, 2511 S.W. 14th St., said he too had seen such a letter and certainly opposed commercial zoning of this parcel and asked Council to keep this area R-1AA as it is presently zoned - not change to R-3 as proposed. Mrs. Riscoe expressed her thinking that Council had already agreed on this area. Discussion followed to clarify the exact location. Mrs. Riscoe moved that this parcel remain R-1AA. Motion seconded by ~. Trauger. Mr. Strnad questioned residences along Congress -5- MINUTES BOYNTON SPECIAL CITY COUNCIL M~ETING BEACH, FLORIDA AUGUST 1; 1979 and reference was made to Cranbrook Estates just across the street. Motion carried 5-0. Mr. Jeff Tomberg spoke for two homeowners, Mr. Oyer and Mr. Tomberg, on Woolbright Road between First and Second Streets and asked that these two parcels be changed to commercial due to surrounding conditions; 15th Ave. Ks a major artery and is no longer desired residential. Mr. Roberts recalled at past hearings the residents in the area strongly opposed any commercial zoning in this residential area. He asked for the staff comments on this area. Mr. Annunziato stated that the main concerns of Comprehensive Planning was to (1) protect single family neighborhoods. (2) Reduce or eliminate strip commercial. This request violates both of these aspects of the plan. It would create horrendus traffic problems. The staff highly recommends this request be denied. Mr. Cicone, 1511 S.W. Second St. owner of property adjoining the lots in question, urgently requested Council not to permit this change and devalue his property. Mrs. Marian DiPasquale, 1510 S.W. Second St., asked the Council to keep the area residential. The Council expressed their thinking that the area should remain residential and therefore no action was required at this time. The Planner announced the Public Hearing on the Land Use Plan would be held Tuesday, August 21, 1979 at 8:00 P.M. in the Council Chambers. A gentleman living in the unincorporated area asked for clarifica- tion as to the use of City owned property on Old Boynton Road near Lawrence Road. The Mayor explained it was Fire Department training and park area. The Public Hearing was adjourned at those in attendance to reamin desirad. y ~r , eputy 8:40 P.M. and the Mayor invited for the Budget Session if they so ~F~~LOR~i~or ~~~/~ ~~ Vice Mayor Councilman ATTEST: (two tapes) -6-