Loading...
Minutes 05-14-75MI~UTE$ OF THE CITY COUNCIL MEETING HELD AT CITY H~ALL, BOYNTON BEACH, FLORIDA, WEDI~ESDAY, MAY 14, 1975 AT 7:30PP.M. PRESENT David Roberts, Mayor Joe DeLong, Vice Mayor Mrs. Emily M. Jackson, Councilwoman Norman £trnad, Counciima~ Edward F. Harmening, Councilman Frank Ketul, C&ty Manager Mra. Tereesa Padgett, City Clerk ~nest Simon, City Attorney Mmyor Roberts welcomed the ladies and gentlemen present and called the meeting to order at 7:30 P. nounced this was the second night to review the map. Last night the north section, north of Ocean Avenue, ws~ discussed and they reached the end of that partic.ular section. He stated that anybody that was in a qUamdary as to the decisions could a~ways come back and request rezoni~ after the~ora- tormum ~s lifted. They must reach a conclusion, as it has been.in the m~W~ng for a few years and they must finish it. Mayor Roberts asked the City Attorney if it was proper to a~opt changes at this meeting. Mr. Simo~informed him that the purpose of this public hearing was to allow people to be heard and after they have heard all, the~ may make any deci- sions they wisk. They may do it as they go along. ~hen they have the first reading, the ordinance will be i~ fimal form. ~. DeLong stated with his experience, he believed the proper procedure wo~ld b~ a motion woul~ be ~m order for the prelimi- nary adoption of the zoning map, because they have mot adopted the zoning ordinance as yet and cannot adopt the map un~il the ordinance is adooted. Mr. £imo~ agreed and added that tonight would be a p~eliminary acceptance. The adoption is scheduled at the se~e time as the second reading. Mrs. Padgett informed them that the second reading was scheduled for June 3. ~_r. Simon 'stated that tonight they presumably would adopt the mad on the first rea~ing~ The second read- ing wou~d be at the same time on J~ae 3. It would be a second readimg on J~ue 3 for both the mad and ordin~ee. Tonight at the end of the meeting, it we~ld be appropriate to pass on the first rea~i~g the adoption of the~map. Mejor Roberts announced the ~u~l~c' hearing' tonight' ' would be on the south sectiom of the oily. They welcome those speak- i~g for as well as those speaking against. They would be glad to accept any plugs, as so far it has been on the~ega- tive side. He requested each speaker to give their name and address. Ne suggested starting at the north end of the south section. !~r. George McGee stated his name and that he represented Broward National Bank. He gave each member a copy of a map showing the location of their property. He informed the Council that the bank owns a parcel of land south of 18th MINUTES CITY CO~ICIL MEETING PAGE TWO MAY 14, 1975 on the corner which runs 275 feet south of 18th Avenue and 1821 feet to the rear. The problem is that they fall i~ two zones, C-3 on the east and R-3 on the west. They figure they have ~hOut 350 feet from Federal Highway back a~d to complete the permament bam_k and drive-in facilities, they require 550 feet. Mr. Barrett stated he would like to clarify that there was an error ia the line drawn here. It was intended to be drawn to include 550 feet. He pointed out the location on the official large map. Fws. Jackson questioned if they wanted to go back to the railroad aad ~M. McGee replied: no, they only wanted 550 feet a~d their property does net go backtto the railroad. Mr. Strnad stated there was ne pro- blem them. N~. Barrett agreed a~d stated agaia that 2hey i~tended to i~clude the 550 feet, but the line was draw~ in error. Mr. James Somerville stated his name and informed the Co~ucil that his qualifications were that his family has been paying taxes since 1924 and he has been a resident siace 1925. Being a taxpayer and resident and having ~rown up as a mere lad going through local schools, he feels his qualifications as they stand now can be based on seeing something happen in this town. He stated his residence is on S. W. ~st Avenue, about a block west of the library. It is Blo~k ~6, Boynton Heights Addition. It is a block which runs~ adjacent to Sea- crest and is bordered on the south at S. W. 2~d Avenue, on the north with S. W. 1st Avenue, on ~he west with S. W. 1st Street and on the east w~ta' ~ Seacres~.+ His homestead is apl~roximate!y two acres which they have lived on for the past f-~ty years. During ~he last five yee~s, 1ow-rise apartments have been built all e~ound his property. These s~e low-rise apartment rentals To the s ~ ' · o~i~J~i ~LS a co~lull- ity of modular housing and it is integrated 'and it is called Pickett Housing Project. He wants to point out simply that property all around his is all low-rise and his home was built theirs in t924 a.s a residence. This ' gr?.wt~h, aro_u~d h~s property, he he i ~.~ with all the is no longer su~ao±e ~or R-lA. He would like to snggest that they classi- fy his property ~h R-3. It is proposed for ~-2, which would be an island i~ ne middle of R-3. He is s~ggesting that this property be classified as R-3 in orde~ that it can be used in any classification ef R-1, R-2 or R-3, Mr. DeLong questioned if he realized that R-3 would permit fo~r stories ~ not ~ a res~dent,~al zone. ¥~r. DeLong sta~d !that at the present time, his property was proposed for R-2 and he believed it should be $on~oii~ated with R~3 to !the east and Mr, So,sty±lie agreed. ~r..ReLong s~ked ~or Mr. Barrett,s co~men~s in reference to this. Mr. Barre~ ±~or~med him that the R-3 area was largely develoDed. The R-~ area is F~NUTES PAGE TRP~ CIT~ COUNCIL MEETl~G MAY 14, 1975 ~ mixture, there are some duplexes and some single family omes. It was selected by the Pla~iug & Zoning Board a~ a buffer zone betwee~ R-3 a~d R-1. Mrs. Jaeksou added that this was also done to cut down density. Mr. Somerville stated it was dome after all the high-rises were built. Mr. DeLong stated they were trying to cut dow~ on this. Mr. Somerville stated they were discriminating against him limitimg his in developing his property. He stated he u~d rs~tood th~at regardless of what classlf!cation was passes, some future applicatioa could always be made re- questing a zoning cha~e for future needs. Mr. DeLong stated this wasc¢orrect. Mr. Barrett added that in the zoning regulations, it stated it must he reviewed every year amd uttered if necessary. Mr. D~Long referred to the period of time Mr. Somerville h~ bee~ here and stated he thought he would agree there has been a laxity in upgrad- ing and they are trying to uo~rade it now he agreed there should that he woul~ like to lay before the gou~¢il a strong ~-e g that this Be considered. Efter paying taxes a~d living here ~br so long, it is not suitable for R-I ~esidences new and he would ap~reciate their consideratiom for R-3. Mr. DeLong q~estioned why he di~'t want %o protect ihs single homes width ~a Buf~er~an~ M~. S?me ~r~ille replied ~hat there were only ~wo s~ng±e zami±y nom~$. Ers. Jackson stated they m~st also consider the people in the R-~A zone f~rther over. Mr. Somerville replied that he presumed th~ was why the Pickett was there. Mrs. Jackson stat?~ ti he ~s been here a long time and he must admit~ that ] ~ton has really tg~ wn an~ ~ust.?lth~n the last Z~.w years,,~ .ey realized aey must put ~ne brakes on. If.-~ it cont~3a~ .~d like it ~as g0ing, it would be another Miami. M~..So~ ~ville replied tsar he knew' she woul~ agre~ there were ~i ~-rises and a~artments all around his property. Ee ~e~ id have voted for R-tA for this property five ~vears a~o: ~ut.n? with the changes, it is not suitable.- It i~s~ ~if~c~ng beauti- ~fi.cation with being surrouuded by R-3 -~o~erts remarked that it was time. they di~ Somethi~_g. ~%~. B~rett informed them that the difference ~etween R 3 den- sity and R-2 densit~ is 1.3 un~ts per acre. M~. Somerville referred to R-3 stating any use in R-t or P~-2 was allowe_d. If it was R-3, it could still be R-I, which it is. He still wanted to mdke his plea k~ow~ ~md requested that it be given further consideration. Mrs. Lillian Pearson stated her name and her address as 320 S.~W. 3rd Avenue. She referred to the area just dis- cussed and informed the Council that she mowed here in 1957 and hopefully chose a spot in a nice residential section. ~hey have been forced now to have Pickett in their neigh- b~hood. All her neighbors have kept their homes nice and there are also nice low-rises. She doesn,t see why there MINUTES CITY COUNCIL ~ETY~G PAGE F05~ ~Y 14, 1975 should be duplexes forced upon them in this new section. There is property near them which would be affected and could have duplexes. She also doesn,t k~ow if a duolex could be more than one story. Mzr. Barrett clarifie~ that a duplex was one story, two units only, wit~ 9,000 square feet of lot area. O~iy single £a~ily homes could be t~o stories. M~s. Pearson continued stating that they have been struggling in that neighborhood to keep it a decent neighbor- hood. She doesn't see why they should pick on that neighbor- hood and try to downgrade it. She knows there are duplexes and single family ho~es in ~!r. Somerville's area, but does not see why four stories should be allowed. She definitely does not want more apartment houses. Rev. Joseph Rasky stated his name and his address as 220 S. W. 3rd Avenue. He informed the Council that he moved here four years ago. When he looked for a place, he thought Boynton Beach w~ desirable and he inquired with realtors and was told the 3rd Avenue section of Boynton Beach was one of the Sest sections. He moved there and then P~ckett came. His neighbor is trying to se~l and now has been told that ~ckett has spoiled the s~le. There are four lots be- hind hms house and he was told. by ~s. Pearce that duplexes are .planned for these lots, ~hen he. bought his home, he ~was =old there would definitel~ be single homes.. Mr. narmening pointed out that it ~as proposed for R-2. Rev. .Rasky.continued.that they were' concerm~d a~d this was one of ~the nzc.est.?ect~o~s of Bo~ton, Ee asked what was going to aappen ~o ~aem now? They ~re disenchanted with Pickett with 93 homes, people so much noise and pets running wild, Mayor located ina R-2 se or duplexes. Ne of thos~ sore spots Rev. Rasky asked how Mayor Roberts replied married his first wife. were never canvassed Mr. DeLeng suggested Ne pointed out 2hat the residential ~rea and Barrett informed him that ~t is a modular housing which they ~a~ ~$ Mr. DeLong suggested letting it bemR~l Mr. Barrett informed ~OW. ~ o developed in single Rasky stated there were asked what was ~oing to that he was now ffam~ly homes ~tated it was one What te do about. first place man why he them that they zoning nor Pickett. mr~ive at a solution. ;~ retain it as a was in there. ~. takes ~p about ½ block. by the St~e, ~as zoned R ~. opeTty as R-~. kett was in the R-3 zone the R-2 as ~roposed to this'.area was largely right now. Rev. in there now. He parcel 300' hy 130', MINUTES CITY CouNcIL MEETING PAGE FIVE F~&Y 14, 1975 which they heard were to be duplexes and if it would be 2, 3 or 4 stories? ~r. Barrett replied that a duplex was one story with two ~nits. Nobody would build a two story ~uplex. N_r. DeLong stated he didn't believe that. He referred to High Point follow~g R-2 zo~ and having four ~its to a bulldog, F~. B~mett informed him that they followed R-3 zoning. Rev. R~ ~estioned if a duplex could be built for fo~ f~ilies ~d ~. B~rett replied,it wo~'t be s~lowed. ~ev. Rasky stated they were try~g to cave this section for single f~ly homes. J~or ~b~rts ~forme~ him there ~as nothi~ that would ~low a~thi~ except s~le f~ly ~d duplexe~ in this ~tic~ R-2 zoning. ~t ~_ll happen in ~0 to 15 years is a little too f~ to predict. It has been establish~ t~t the idea of zo~g is to u~ grade ~d keep de~ity do~. If developers had foltow~: the zoning under the 1962 map ~d t~en adv~tage of ~it was zoned, there wo~d be t75,~0 ~ople here, ~e morator- ium has been i~ e_zectf~ since ~972 ~d the~ have been ~orking on this proposed map. ~, De~e~ refaced te ~. ~rett etating abo~t ~- block w~ not developed ~ the R-3 zo~ ~ stated that i~ order to h~e it ~omDa~!ble, they should ~ke this ~ black R-2. I~, ~rett i~formed h~ t~at the R-2 was developed because 8 ~its were allowed in a Dri~cl- ple bui!d~g. ~. DeLo~g sta~d the2 two stories could be built. The purpose of the baffler was to eli~te height amd density. ~ckett is established ~ ~ we should the rest which has notbeen~de~e!e~ ~ R-2 ~ the proposed R~2 ehoul~ be R-~. ~ney do no2 need a buffer from R-3 as t~ere would be R-2, ?~. ~rett i~orme~ ~m that the nui- smuce from ~ckett is great. ~. DeLo~g stated his Solution ~o~d be ~o t~e the rema~lng p~t ~veteo~ ~ ~ ~.~ ~s a ~fx~. Take t~ pro~sed' R-2 a~ ~h~ ~ +~ . ~re~ aGGed tha~ the Poi~e ~_~+ -~ cee I~ tnls R-3 ~ea ever ~ town houses w~ +~n ~+_~L ~Y ~ ~LRo~erts added that ~-~ ..... _ t=~ ~s one nex~ ~0or to h~ ~d he ~ow~ ~ac~on s~a~ed he ws~ ta~ing about seething they have no control over ~d is already do~. R~W~ iGw~ ~v ==~.= ~.. zgne for the future. ~Vor_~ ~o~e~s Pam~k~a~_~ ~+~_ coula no~ bulldoze them down. '~ev R~-~-~ ~- *~ w4~ .~5~ y~oc~. ~'z~or Roberts ~ted h$ was concerned ~n re~a2nzng, ~ne aopearance 0f the ~-~ section and the ordinance spelis out-the requiEements :~ duplexes' Rev. Reeky stated that it should be ket si , ' ~ ' . du ~ , ~ . , P, ~e hem~s znstead , Psixe~. ~s. ~ac~on questzo~ed if t~ R-2 ~*4 ~iy 6eveloped with 8uolexes ~d ~, ~i~T~ ~aere were sever~ auplexes ~ t~at a~ea l~v. Ras~ stated there ~ere none in his iamediat~ section ~, B~rett stated there were flaDlexes all around ~there, ~e ~tannin~ a Zoning Bond f~els this wo'ad be compa~ibie for~ single f~iiy and duplexes, At one time it was R-lA. ' · ~'~ DeLong questzoned MINmUTES CiT~v COUNCIL ~ETING PAGE SIX ~{~Y 14, 1975 if his recommendation was acceptable to the people, would the Conncil be agreeable? Mayor Roberts remarked that they would be chopping ~nt pieces. M~ DeLong replied that they chopped up the previous R-IA. M~rs. Pearson stated that the territory they were~ interested in was south of 3rd Avenue. The area north of 3rd Avenue does have some duplexes and apartments. The part in the mango grove has not beendeve- loped yeti Mrs. Jackson questioned if this was located at the bottom of the R-2 section and ~r. Earmening added that a n~w line could be ~rawn witE R-lA created in the bottom portion, south of S~ W. 3rd Avenue~ ~. H~mening made a motion that the area designated as R-2, south of S. W. 3rd Avenue., be chsmged back to R-~A. Mrs. Jackson seconded the motion. Under discussion, M~r. DeLeng stated he would like to k~ow if the people Dresent were in agreement with this, Nfs. Pearson questie~e~ if the R-lA would apply to the undeveloped area and Mr. Harmenimg re- plied it would, if it was south of S. W. 3rd Avenue. Mrs. Padgett conducted a roll call vote as follows: Vice Mayor DeLong - Aye Councilma~ Earmening - Aye Councilwomam Jackson - Aye Councilman Str~ad - Aye Mayor Roberts - Aye Motion carried 5-0. Mrs. Eathleen Kitten stated her ~ame and her address as 2526 S. W. 13th Court, Golfview P~rbeur. She informed the Council that when the proposed rezoni~g for the corner of 23rd and Congress came before the Zoning Board, she turned in petitions against it with more than200 signatures and she 'asked if they had th~se in their possessiom? Mayor Roberts replied that he believed.they did. Mrs. Kirton continued that four more pages came ~n today, in addition to the ones presented to the Planning & Zoning Board. Mayer Roberts asked how many additional people had signed and ~s, Kirten replied: approximately 50. She continued that the rezoning she was concerned about was that portion of land at the corner of 23rd and Congress. She understands they are only talking about 600 feet. She adde~ that there has bee~ a lot of confusion, as whe~ the~ Pl~n~in~. & Zoning Board held a meet- ing, there were p±ams ~roUght zn for additional footage. Mayor Roberts informed her there had been~o rezoning since 1972~ Mrs. Kirton continued that she'is 8bjec$ing to this, because at 23rd Avenue there is an overpass, which is two lane, for 1-95. She f~els, if they bring any commercial along this area with this two lan~ secondary road, it will create congestion they don't need. She believes it is best to leave it as it ia:. It is residential all the ws~ along Ml~TES CITZ~ COb~CIL MA~TING PAGE SEVEN ~Y 14, 1975 23rd from Seacrest to Military Trail and there are a lot of very expensive homes in this area. She bu~t~r home here because it was strictlyr'esldentlal.' Shs~W~llve~im an area where commercial encroached and she wanted to get away from it. She likes Golfview~bourwith its lakes and canals and this is the area she wanted and it was strictly residential. Under Ord~ce 69-16, Leis~reville was re- quired to build R-1AA homes across the street, which are now ~nder construction. She added that they do have a beautiful entrance. This section of Leisureville was required to come up to the standard and size of the homes in Golfview Harbour. Due to the fact they were required to do this, she believes Golfview Harbour should do as originally planned and build R-I~ homes only. She is also concerned with this area ~eing an isolated commercial ~ea~, Mamy pee~le ~e concerned with this and how robberies, rape~ and evem murders are committed in isolated commercial a~eaS~. If this corner wasn't chosen for a home, she feels it would be an ideal location for a beautificatiom project. They have quite a problem in ~lfview Harbour vith friemds not being able to locate them. ne feels a beautification ~roject should be done on that corner with GolfView Harbou~ listed on it. She feels they ~eed something to establisk their identity. 8he feels it is the most ideal lscation in town. There are very'expen- sive homes in Golfview H~_~bmour. The pepple are very proud of their homes. She did try to buy a lot on the canal, but the owner would not sell her one. She feels people would buy thisLland for residences. She would like thisccorner to look like the corner at Palm Beach Junior College, with it stating Golfview Harhoum. Mhe then referred to the largest area on the map which was Proposed for The Meadows. This is a honsing development cc~ng into this area very soon with single family homes and Congress Aven~e runs right through the center of it. Mhe doesn,t see why her area cmn,t be kept residential. M~yor Roberts questioned if there would be any objection to R-3 in this area and ~!rs. Kirton replied that only 600 fe~t was advertise~. Mayor Roberts pointed out there was an area of R-3 and ~s. Jack- son added that this was court ordered. ~s. Eirton stated she was not referring to this, but the land on the other side on the canal. She is just talking about the corner, which she would like to see remain R-~AA. Mr. Richard Caldwell stated his name and his address as ]350 $. W. 27th Place. He informed the Counci! that hs was the President of the Golfview Harbour Homeowners Association. ge added that the Association has discussed the zoning of this corner. At this time because of the diversification of opinion, the Homeowners Association decided it would be the best position to take a non-partisan stand on this cor- ner. They polled both sections of the subdivision. The results of this survey were 70 residents in favor of the proposed C-2 and 208 residents against the proposed C-2. M _~ATRS PAGE EIGHT CITY COUNCIL ~ETING }~Y 14, 1975 Mayor Roberts referred to the R-3 section again and ques- tioned why the corner was being cut out and what was the thought behind the R-37 Did they want the R-3 as a buffer? ~@. Harmening informed him that the R-3 zone as shown on the map is that which was agreed to in a compromise settle- ment in a mandate hy the court. H~. Ron Arena stated his name and his address as 1200 S. W. 27th Place. He stated that he has been asked many questions about C-2 and why the developer wanted this and also has been asked questions of what better uses could be made of this land. ~hen the developer purchased this land, it was zoned R-1AA. He only requested this R-3 section through the court and did not include the proposed G-2 section. There have also been some remarks made to the Plamuiag & Zoning Beard that there has bee~ a charter to put a Bank on this corner, but he cannot find aayone knowing about this, except someone stmted the charter was denied with the Dickinson incident. Rightne.w, the State zs' censmdermng' ' banks having branches. He t.hi~ks it is the developer,s problem ~f what to do with the land as zoned R-IAA. He doemn,'t think it is fair to resideats having purchased homes to make ~his decision. He dees~,t thiak more traffic should be created here. Mayor Roberts ~tated they did have litiga- tion abo~t this R-3 area, but the home owners did joing with the developer at that time. Mr. Arena replied at that time, he doe$~nrt thi~k the mem~ershiD of the Associatio~ were aware they w_~re .a party to this lawsuit. He did not live .t_he~re at th~ tame. As a member of tko As~6¢iation now, he m~end~ to find out.if there abe amy re~er~s ahomt this. It was ~ort~ate mf they di~ get ~uvo~ved. ~t this time, Mayor Roberts asked if aayone was present to speak in favor of this proposed zoning. ~. Phillip Crenshaw appeared before the Council and informed them that he was the attorney representing Milner Corporation. He presented M~yor Ro~erts with a certified copy of a petition gathered by Milner Corp. to poll the people who live near this area. He added that these people were interested enough to sign this petition. He is mnaware of any other petition against the proposed rezoning af this site. He continued that this property was purchased o~er ~ix years ago. He believes they are aware of the changes ta~ug place in this area. He believes having a beauty cor~er would only be a red herring in their eyes. This corner shomld 'ne a shopping center. It ~ould limit traffic ins~tead of having it go by to other shopping areas. P~- Norman Michael stated his name and his address as ~310 S. ~. 27th Place. He informed the Council that they pur- chased this property over six years ago and didn,t have the NLinutes 6/3/,75 MI~JTES P~4GE NiNE CITY COUNCIL _MEETinG M~_Y 14, 1975 traffic at the corner then which there is today, which con- sists of over 15,000 automobiles per day. This corner should be a commercial development. There are homes there in excess of 200 which wo~d benefit ~rom steres. It would set the pattern for along Congress Avenue. Just north of there, there is commercial zoning. There is the fire house, Lindsley Lumber, also zoning whmch' w_ll~ permit the creation of a con- valescent home and across the way was a mining operation which was conducted for several years. South and across the street is a piece of property for Charterworld zoned for a motel. South on Go,gross is M-I i ' ~ . zoning ~ermittimg light _~dus~tr~zal.. ~u~_t'.ae.r a~le~g~zm Charter~orl~, the City Council ~n~c ~ ~z .a~n~ng & . zonzng. ~oard~ .approved. an ac_plAcation permittzng' ommerelal zonzng whzch exists today along Comgress Avenue. His request is ~ot u~usual, .but is keeping with what is on Congress Avenue today. HiS proposal is one which wou~ alla,~ a b~=w. i ~a~k will be ~ermitted on that corner. A charter w~as iss~ued ?n .Decemb?r.2? ~ has bee~ reviewed, but no de- cmsion nas Dean reaches as yet Th _ ~' · _ , e charter stzil stands ~d a bank ms contemplated, All the people who have signed the petition have reviewed ever~ything proposed en this corner and they ap.'~ro~e it, These people~live closest to what is proposed for development, it consists of an early American style architecture which would ~a a benefit. He is s~re the C ~.~A~oB.o~eUrld wel.c.o.~e this type. of development there. ~nere ~ ~ way ~i~ piece .o~ ~roperty could be developed. Nobody ms going to live o~ tha~ ¢ormer, in so far as R-IAA. ~_wa~ ~c?n~sider~ed as~a ~o~dimg zone when we first prooosed ~ cna~ge Om ~zonin~. ~e LY~$p~sed the change of zom~.~ ~long Congress because nobbdy wou~i~ live on an avenue which ~s to be four lanes and even poss~,bly six lanes. There in no pos- sible reason or way .they co~d-devel~ep this cor~er except for commercial. Residen%ial'dOes no~ belong there. Please consider the people which are directly involved. Mrs. Jac,~on stated according toe. the ~engineer, 23rd Avenue will ~hebe t~o. eo-lanes until'= _ 1985.. L~d~iey~ Lumber was~ in ~ 969. Z~3_D p~le~of ?±fvm~w. Ha~b~? Complained about this and ~{ wan~ea_~?zsurevz~±e roi ~d larger homes. Finally on eu~e ~, ]969, a meeting ~as~held requiring Leismreville to build R-1AA houses on the :sou~h end. The second reading of. tMs or .i n.a~ ce. was on July 7. This was t~ make it com~ oanio±e with ~e houses across the street. Even though a bank could go there, doesn't mean a bank will go.there. There are many uses in C-2, including r ~ - could go there. The_o' w are ma~y "ether useseS~denceS~too. ~r.WhmchMLichael agreed there were many other 'mses other than R-1AA. M_rs. Jackson continued that it didn,t mean they could hold ~y- ~ii~nt~nt~i,fEi~a;oa~ ~sd'as~t~nag ~LkC-c2o~l~ebe ~ ~ ~ ~ ~'Lr, .B.arrett replied i yea. Mayor Roberts as~ea now much space ~ would~ require and Mr. Michael reolied CI~ UOI~CIL- ~ETING PAGE TEN MAY t4, 1975 about 3½ acres and there is 5 acres now, which would leave 1½ acres. M~yor Roberts informed him that even if it was zoned R-I~, he could apply for rezoning if a ba~kwas in- tended when he got ready to build. He added that 23rd Ave. would be a two lane road. Three homes have been constructed on 23rd a~d they are all sold. Further west, two new homes are being constructed. The whole area is being improved. He clarified he was only pointing out these items which have been happen~g. He recently received two p~one calls from people asking about building along 23rd Avenue. H~ did men- tio~ to them the fact that the only thine they h~d to worry about there would be some controversy over this moning on the corner. Again, he doesn,t think R-1AA woul~ im_~se a hard- ship on amy developer. He ~u~gested if a ~ankis intended, se-called feeling of hav~ 7-11's there. ~. Michael re- statement re traet was away ~ith all ville had again with the for single family mention of the fire the health a~d safety not what you aommider replied that 23~d for a~d it is tr~e~and the ne~ added Ne stated his This is Nr. Elchael single ~s tG he ~uilt the ~oise a~ congestion? Mrs. ~ackson rePlied that t~ was true all over town with kearing M~ehael replied that he ~id ~ot~heah~ tkem where He re- quests respectfully ~hat they c~nsider th~ ~s en this petitio~ o£ thos~ directly involved and r~z~ fsr that cor~er. ~s. J~ckson asked when he~Prese~te~ the site plan ~o ~? Plaything.& Zo~_ing Boar~ and ~ N~h~e~ informed her e_~o at t~ir works~hg~mmeeting. Mrs~!Jae~O~ pointed ~_~s ~as ~ne ~vrong t~i~ t~ do this. ~ Workshop meeting ~ ~o~ a nearing ~or a si~e p£s~ review ~ ~^~ ~+~ ~ ~ aappy ~o presen~ sl~e o!a~s ~tany t~me. They have built 200 homes i~ Go~fview H~rbour a~d £eel they have lived up to everything they have p~om~sed the C~ty. Mrs. Callie Clariten stated her name and her a~dress as 2599 S. W. ~lth Street. ~he informed the Council she was very much against this C-2 zenith. ~he waited a long time to build a new home. They are all expensive homes in this area. She built there because it was strictly R-~ and she ~oul~ like it kept that way. She is very much against a change in zoning. MI~JTES CITY COUNCIL MEETING PAGE EL~-~ZEN MAY 14, 1975 Mx. Robin Everett stated his name and his address as 197 E. E. 27th Avenue. He informed the Council that he has lived and owned property in Boy~tou Beack for ma~y years. He ~s heard people talk absut changing their property so they could get some money. Mr. Michael referred to how nice it would be to have a shopping center. He lives four blocks from a Lil General and it has created more traffic and beer cans i~ his neighborhood and he just wanted to point out what happened to ether neighborhoods. M_r~ A. J~ Wolfert stated his name and his address as ~21 S. W. 25th Avenue. He ~formed the Council that he lives exactly across the ca~al from this proposed commercial cor- ner. He has invested over ~5~,000 in his home aud does not want stores behind him, such as a restaurant or somethimg like that. There should be nothing but private homes there. He doesn't see why the developer can't build private homes there. He just doesn't want to do it. If he is givs~ the okay for this zoning, chances are he will sell it and some- one else will put j~aukup, N~r. DeLong requested that they not get into amy arguments. He added that he di~u't believe _Mr. M~chael would do this. Mr. Wolfert continued that he didn't want commercial zoning behind him. Mr. Louis Labrador stated his name and his address as 133I S. W. 25th Aveaue. He informed the Council that he, as a homeowner across from the property, objects. He frankly can see the point of Mr. M~chael wanting to present his plans to City Cowacil and narrow their ideas i~ reference to his investment in the property. He o~jects because he feels commercial won't do a~ything for him. The chan~es are that M~. M~chael will do it good, but it won't help the population. Ee added that the petition from Golfview Har- bour was a mat~er of re.cord, but he still wanted to present hisoobjections. He pointed out that the people are the ~eneral public the Commcil represents and they should know what the people want. M~s. M~ichael Adair stated her name and that she lives in Golfview Harbour. She stated this was nothing particularly new to her. She does mot want commercial property in their residential area. She has lived in 12 areas i~ I5 years with co~er¢ial in residential areas e~d she wants this area to remain residential. She would like to know the date on ~. Michael's petition and M~s. Padgett informed her it was dated February 5, 1975. Mrs. Adair clarified that the most recent pe%ition was given bythe Golfview Homeowners Association. M~. DeLong informed her that this was & tally. M~s. Adair ~uestioned how many there were for ~ud against an8 Mrs. Padgett renlied that she had not counted the signatures. Mrs. Ad~ir state~ it woul~ be interesting to know and M~. DeLong informed her ~ NUTES PAGE ~ELVE CITY COUNCIL ~TING ~Y 14, 1975 they had not had the chance to verify the signatures. Mrs. Adair stated that she lives close to this area and was not even asked to sign it. S~eadded that most of the residents have cars and they can e~sily go to other areas for shopping. They do not ~eed a shopping center on this corner. Mr. Richard Caldwell appeared before the Council agai~ and submitted the survey to Mrs. Padgett. He referred to it having been mentioned several times that this particular corner should be commercial, b~t he di~u~t see where it wo~ld be a~y good if the neighborhood didn't want it and wouldn't support it. Mr. John Meyer stated his name and his address as 2510 S. W. llth Etreet. He informed the ~ouncil that he was opposed to ~he rezoning. ~e stated he didn't want to appes~ blind and didn't waut to de~y Mr. Michmel, but rezoning that to commer- cial would give him a bla~k check. He referred to Mayor Roberts mentioning he comld present his Dl~ a~d request rezeni~g~ Perhaps at tha~. time, he could alleviate the feelings ~f the people i~ this commm~ity, tf he really has plans for a b~, the pl~ should he c~idered when pre- sented. Mr. Phillip Crenshaw appe~ed before the Council agai~ and stated there was a point being missed on all this. T~e residents appearing are arguing as people living very near. Mr. Michael is arguing as the owner of the property contig- uous to this property. According to the reasoning of these residents, Mr. Michael w~uld be damaging his o~n property. Me has millions of doll~s invested. They should consider the property adjacent which he owns. Mrs. Annette Anderson stated her name and her address as ~047 S. ~. 25th Way. ~ referred to Mr. Crenshaw's remark of Mr. Michael owning property nearby a~d she pointed ont that he does not live o~ this property. Me just wants to develop. Mr~ Earmeni~g stated from hearing all the citizens, view- points in regard to this property and knowing the property on two sides to the e~st a~d north is zoned R-1AA, he moves that the Planning & Zoning Board's recommendation be dis- s~lowed on this corner at 23rd and Congress and it be main- rained as R-1A~. ~rs~ Jackson seconded the motion. Under discussion, Mr~ DeLong questioned if bhis C-2 ~rea was pre- viously R-3 as granted by the court or just the portion shown as R-37 M~. Simon replied that this p~ticular par- col was not included. Mrs. Jackson added that she sat through the court proceeding and this question arose on many occasions and ~. ~chael stated many times that this was not included~ Mr. Simon agreed that it was not included N~TES CITY COU~]CIL ~TI~G PAGE T~ZIRTEEN MAY 14, 1975 in the law suit. ~, Harmening added that he has seen two new homes being built on 23rd Avenue to the east of this ~orner, so apparently some people feel 23rd Avenue will pro- vide a good place to live. Mrs. Padgett conducted a roll call vote as follows: Vice ~yor DeLong - Aye Councilman Harmening - Aye Go~ucilwomaaJackson~ - Aye Councilma~ Strnad - Aye Mayor Roberts - Aye Motion carried 5-0. N~. Garry Hinter stated his name and his address as 191 S. E. 27th Avenue. He referred to Lots 11~-1t5 on S. E. 26th Avenue, which are presently zoned R-I and being proposed for R-2. Me stated tha~ Peninsular Properties had requested R-2 and it was denied. The courts ordered the City Council to ratain R-tA zoning for this property. ¥~$. Jackson questioned the results of this court case ~ud Mr. Simon informed her that it had not gone up, but was waiting for trial. Mayor Roberts asked if these were the lots by the railroad and ~. ¥$inter replied there were four lots by the railroad proposed for R-2. He also believes Lots 76 and 77 were zoned R-lA in 1957 when purchased by Peni~sul~ Properties. He added that these were located on the south side of S. E. 26th Avenue. He stated this was the fifth time they have had to petition Council re- questing that R-1AAzoning be retained. He also gave letters to ~s. Padgett from people who coul~ not attend expressing their objections in writing, Mayor Roberts stated he believed the original zoning of these particular lots was R-I~~A and the rest of th~ strip along the railroad was R-2. M~. Winter stated this was correct to the north. 5~. Barrett agreed this ws.s the case. He added that this was Peninsular Proper- ties. In the years gone by, it was the opinion of several of the legal members that they had an inverse spot zoning here and the Planning & Zoning Boar~ is trying to correct the situation. Mayor Roberts added that under R-2, singles an~ duplexes were allowed. He thinks this would be compati- ble with the neighborhood. M~. Barrett added that all along the railroad were duplexes. Mr. Winter disagreed, stating ~here was only one duolex on the r~ilroad. Ee requested nat they please consider changing it to the omi !hal z nih , ~ . ~ g 0 g as the courts d_.rec~ed. Mr. Barrett state~ the courts did not direct this~ since it is still in litigation. Mayor Roberts questioned if they should proceed to vote on it and ~lr' Simon explained that a oorti,gn of the lots he referred t~ are in !i.tigation by the-courits, but they have not made ? d~ec. ision s~nce it.has not gotten to trial yet. It apoears ~o n~m that the plaintiff is w~iting to see wh~t they d~ before askir~ for a trial date. It would be proper to go ahead as part of the map. MINU~ CITY COUNCIL ~ETING P~&~ FOURT~N MaY 14, 1975 ~r. Robin Everett stated his name and his address as 197 S. E. 27th Avenue. He informed the Council that his property adjoins lots 11~-I15 to the rear. This has always been R-1AA and his ~roperty is R-lAA. His property is now proposed for R-2. Several duplexes have been Built down the street during the past few years. From his exoerience in this neighborhood, he does not want any more duplexes and especially not backed up to his house. He has seen what they are like down the street. People living in duplexes rent and don't care about the neighborhood. He opposes these lots ~ei~g R-2o Nfs. Jackson questioned if his house was proposed for R-2 and M~. Everett replied that it was. Mr. Barrett state~ he thought he was looking at the old map 83ad Mr. EVerett re- plied that it was the map sent to him. Mr. Barrett iaformed him that there has ~ee~ some cha~ges and he suggested that he look at the official map, Mrs. Jane Suitor stated her name and her address as 218 S. E. 26th Avenue. She informed the Council that she has only been here less ~hana year, but is an enthmsiastic resident of Boy~tonBeacn. Mayor Ro~erts aske~ if she had received a welcomzng letter aad she replied: no. Mayor Roberts requested M~s. Padgett to send her one. N_rs. Suitor continued that she has purchase~ a home ~an~.oppose~ the ~ezoning of t~s area. She bought this home oel~e~ing ~t was a sinEle residemeemarea as advised by her attorney, she opposes ~-2 zoning. M~yor Roberts questioned if she m~derstood that single f~m~ly was also ~llowed under R-2 and Mrs. Suitor replied: yes. Mayor Roberts declared a recess at 9:15 P. M. He called the meeting back to order at 9:20 P. M. Getting back to the discussion of the 26th Avenue area, Jackson suggested having the line r~atwo lots in from the railroad, which would make it consistent. Mr. Barrett in- formed her there was only one place that it went in three lets. Mrs. Jackson stated there was o~e place that showed it as four and ~. Harmeuing Stated they were different sized lots. I~r. Barrett checked the map and stated there was only one place with 3 lots. Mrs. Jackson made a motion to zone this area R-2, dowa to vacant part and bounded on north by $. E. 26th Avenue, back just two lots. M~. Harmening seconded the motion. ~. Barrett state8 he had no objection. M~s. Padgett con- ducted a roll call vote as follows: Vice Mayor DeLong ~ye Councilman Hs_~mening Aye Councilwom~uJackson Aye Councilma~Strnad - Aye Mayor Roberts Aye Motion carried 5-0. MINU'I~S CITY COUNCIL ~ETING PAGE FIFTEEN ~Y 14~ 1975 Mr. Bill Laswell stated his name and his address as 180 High Point Blvd. He informed the Council that the Beard of Direc- tors this year asked him to be the spokesman for this objec- tion, which was also objected to last year. He is speaking as immediate past president of Section 4 of High Point. He read a petition regarding the tract of land located in Sec- tion 33, Lots 8 a~d 12, located on the north side of S. W. 23rd Avers presently zoned R-1AA and proposed for R-3. This proposed change would permit the building of ~our story heights, which would be contrary to the neighborhood. This would ~lso increase the density and use. This is the parcel of Wooded area star~ing onE~ at Seacrest and running west behind High Point, then it runs north and abuts against ~gh ~oint Blvd, ~t the ~irst presentation he made to the Plan~ & Zoning Board, he r~quest~d that they kin~ly c~n- sider keeping this zoned a~ single ~amily. They have has number of' meetings in their club house and came to the con- clusion that the Planning & Zoning Board has devoted and hours w~rking on this and perha~s they have reasons ~uown to t~em for proposing Ibis zoning. They agree the ~son~f~r ~l t~is is to make zoz~i~g c~ges to improve the · ~y o~ ~oy~on ~ach, bu~ t~ey c~et ~n~erstand how it will do soh y proposing R-3with.~our siory buildings in the middle of single ~ami!~. ~. ~eLong asked if he wanted it ~2 ~a~ ~. La~.~e~l r~plie!d: y~s.i. They respectfully ~hquest ~ ~y ~o~c~± ~o give t~i$ ~eqmes~ consideration. He a ~eGmin co~unction~ the ~reside~t of~th~ Hdgh Point Court Association wo~ld al~o li~e to sPeak aoeu~ ~his. M~yor Roberts asked how far east th~s section ran ~d i~r. Laswell replied t~at it goes to Se~c~est. M~yo~ Roberts no,ed that his map was incomplete and. ~r. Harmen~ug clarified it was the 10rig ~row parcel run~img fr~m Bea~rest on the east side, 1,250 to'l ~300 ~eet we~t. F~. De,rig ~tated he be- li~ve~ th~s parcel was formerly R-3, but~ believes it is mere in line with R-2. In, order to keep the present atmos- phere, he believes R-2 wou~d be compatible. Mr. Homer Ray stated his name and that he was President of High Point Court Association. He informed the Council that this location was directly west of S. W. 3rd Street. He stated that in going west, the road starts to climb to the bridge, so there will be no access from his property to 23rd, but people will have to use their two s~rsets. They do not need fo~&r story buildings there. Mr. DeLong clarified their objective in dropping it to R-2 was to get away from height. Mr. DeLong made a motion to ch~age this area to R-2. Harmening seconded the motion. Under discussion, Mayor ~oberts questioned if the Planning & Zoning Board would have any objection and Mr. Barrett replied that he didn,t MINUTES CITY COL~C!L ~ETV~NG PAGE SIXTEEN MAY t4, ~975 believe so. They just don't want to increase the density in that area and there is very little difference between R-2 and R-3o Mrs. Padgett conducted a roll call vote as follows: Vice Mayor DeLong - Aye Councilman Earmening - Aye CoumcilwomanJackso~ - Aye Councilman Strnad - ~e Mayor Roberts - Aye Motion carried 5-0, 2@. Julian Patrick stated his name and his address as 2585 S. W. 10th Street. He informed the Co~ucil that he owns the building located at S. E. 15th Avenue and S. E. 12th Street. ~ clarified this was located right by the railroad track. U~der the present zoning it is C-2, which permits warehousing. Under the proposed zoning it is C-t, which would eliminate this use. To the east across the railroad tracks is M-I, to the south is the City water plant and to the west is a service station. That particular block is already over 3~ developed in categories not compatible to C-1. He requests this'be changed to C-4 or even M-I. Mrs. Jackso~ stated she thought Mr. Patrick had a valid point. Mr~ Richard~stated his name and informed the Co~ucil that he would li~e to speak in reference to this same proper- ry. He,would like to ret~i~ the zoning they have new, at least C-2. Maye~ Roberts stated he is familiar with thia area and has looked at it recently and it is his opinio~ that the sectio~ from the gas atation east to the railroad should be C-2, which would be more i~ keeping with the zon- ing i~stea~ of C-1. Mrs. ~ackson asked if he owned all the property between.the railroad and the ~ ~tation and Mr. Dowdy replied that he c~aed one vacant~t~ Mrs. Jacksom made a motion ~hat the area from Seacrest to the railroad on S. E. 15th Avenue be zoned C-2. Mr. DeLoag seconded the motioa. Mrs. Padgett conducted a roll call vote as follows: Vice Mayor DeLong - Aye Councilman Harmening - Aye Gouacilwoma~Jackson - Aye Co~ucilman Str~ad Aye Nayor Roberts - Aye Motion carried 5-0. Mr. A1 Boeltz stated his name and his address as 2617 South Federal. He stated he would like the Council to take under advisement at this time some way his property would be pro- tected if he sold it for the Buyer to have the same rise as MINUTES CITY COUNCIL MEETING PAGE SEVENTEEN MAY 14, 1975 he has. His lot has 60 feet on U. S. I and Mr. Baker has a 50 ft, lot on U. S. ~. These are the only small lots in thL~ area. 14ayor Roberts questioned if h~ was requesting rezoni~ and Mr. Boeltz replied: no. Mayor Roberts stated this would be covered ~uder the ordinance. Mr. Simon stetted that as he understood the request, it was for a general provision to pass benefits onto the new owner. He thi~k~ what they are talking about is the granting of a hardship. When it is purchased, the hardship is almost lifted off. M~. Boeltz stated that he has 225 feet in the rear and has spent thou- sands of dollars in the building. ~. DeLeng stated that at the first meeting, he injected the thought that ~rhaDs because there were only two lots here, that there should-be some provision made if it w~a~. legally possible i~ so far as the ~setbac~ requirements. ~With the setbacks, h~ only has 45 feet left to operate with. Mr. Narme~ing stated this was changed at the previous meeti~o Mr. Boeltz stated he was aware of this, but he still had a no~-¢onforming lot. He asked iE the buyer would have the same privilege as a hardship as he does? M~. Barrett clarified that he was referring to having a 60 ft~ lot and th~ requirements are 75 feet. t~ahly the best way ~o handle it would be if he intends to sell ~it, he ~on~id ~pply for a variance. Mr. Bo.eltz stated t~b~re is a law stating you cannot take his ma~ uses away~. Mrs. Jack, On stated that he was not losing a~ything. Before selling, he should get a variance from nthe .B??r.d .o.f Adj~s~t~ent, Mr. DeLong remarked that he did .ot~ ~n~ ~ ~o~d hold, Mr. Beeltz referred to the law s~a~ing they cout~ not eBa~Ee the main uses of a zone. If h~e wan.ted to expand in ~e rear, he coul~'t do it as the zront ~s only 60.feet ~ide~. Mayor Roberts questioned if this was a quesb~on of ~omi~g a~d ~?. DeLong replied: yes, he is being af~fe~ted wi~h ha~in~E his mai~ use t~ken away. He then asked if the -City ~torney had a solution. Mr. Simon replied ~a~ as he ttu~erst~a~ds this discussion, this man oEns a piece of prOPerty affected by zoning size regu- lations. He a~k~d if ~ ~as us&rig it now and ~. Boeltz ~epli?d: yes, b~t he has a b~il~ing which is n~n-confor~ing. Mr. Smmon state~d that ~f he wanted to improve it, he'should apply for a variance. ~. Boeltz replie~ that he wanted to sell it. ~Lr. Simon stated that the man buying it would be buying into a hahdship. ~. Boe~tz stated that they were taking his mai~ uses away. ~Lr~ ~i~on s~ated that he was arguing that bhe ordinance should oe cut back to 60 feet. Mr. DeLong stated this wO~8 be the only solution to avoid spot zoning, Ee asked i£ they could spot zone in these two particular instances? N~s. Jack~on stated that they have non-conforming parcels all ove~ ~own and .F~. B~ett a~reed. ~. D?Lon~g ~que~stioned legally T~bm the City Attorney a~d ~ann~ng ~ 3onmng Board, what did they think would be the best w~j to reconcile? ~M~. Barrett replied if they were trying to make a plan just to suit a few parcels, they MI I~JTES PAGE EIGHTEEN CITY COUNClW~ ~EETING MAY 14, t975 better reduce the requirements. M~yor Roberts pointed out there was no problem at this time as long as this man o~ns it. Hethmnks' they would be messed up if they tried to pro- ject into the future. N~. Harmening stated he felt this falls into the zoning regulations category and not the mad cat~gory. He added that this was advertised as a public ~ hearing for the map. Mr. Boeltz stated that his pro crt was bei rezo . · ~ P Y ng ned on the map. Far. Harmen~ng pomnted out that the reg?lations have created this. ~. Boeltz replied ~a~ee~l~h%~isW~o~e~trig~~ ~ut the frontage requirement. ~ P P Y~ myer eo~l~ norm get a vari- ance. M~. Harmening stated this was done by th~ regu~at~ one. Mr. Boeltz stated that the map shows his property as 75 by ~50 feet. Mr. Etrnad added that ¢-4 required only 50 feet. Mayor Roberts remarked that he could apply for rezoning. ~. DeLong stated he didn'twant to have the new regulations and map drafted and have these fellows apply for rezoning and create spot asked the ceptions for two intent was to put in a problems that will wasting their along. He s~gested ~ot sell the la~. Mr. ~iving him any f~eed~. n~estment. N~v~r ~o~e ~ole area wa~-~e i ~2, ~an~ed to know what to. do · n the rear~ ~ ] ohjectin~ to zoning, Mayor at a future date. their work. Mrs. Jackson planning to make ex- Mayor R~herts stated their map a~d if they r~ into they are they come ~ should stay there and ~his wouldn't be s property as an be happy if that he feet ef his property that Mr. Boeltz was not governing y eoul~ ~amend the ordinance ~. Simon Ryder stated his name and his addJress as 2379 S. W. 13th Avenue. Ee stated that for a change of pace, he was not going to raise any obje~tioms, ~ut would like to offer appreciations for the ver~ ~ffieuit job the ?la/ming & O Z~ ming ,Board has aad to do. He ~+~ +~ · ..... uommu~tv h~ ~ ..... ~ ~. re_, .... r ..... ~ ~e~evllle ~_5 ~7-~' ~ ouup~e ~om~$ ago~ it was brought to t ~=~,~ua chore w~ a pemd~g ~e in the zo~ng alo~ ~e west side of Congress Avenue. The ~esent zone prior to any c~ge was G-1 ~d ~he proposed ch~ge was C-4. The - l~ed it woul~n,t 5e'feL~q~ ~ .... ~ . y rea ~u~ ~u ge~ a~y mis~rict c~e. T~ przme ob3ective was ~o at least ret~in the original ca~ego~7. They foumd the new C-3 Category confo~ed ener- ~ to the Old C-1.~ The~ re-~e~*~n ~- ~ o~d to ~econsid~ ~_$ ~d loo~ w~th favor to having cha~ged to C-3. ~e map shows this change as they requested now. All he wante~ to do was ~dicate appreciation on be- ~tf of Leisureville and he hopes the Cit~ Co~cil will look wiih favor on the ma~ as it is now shown. ~. DeLong ~ ~ epl_ed he di~'t ~ow why the appreciation w~ given after the Dress left. MINUTES CITY COUNC~ I~ETING RAGE NINETEEN i~¥ 14, t975 ~. Chuck Fronrath stated his~'~usame and his address as 226 S. E. 1st Avenue. He also introduced his partner Mr. Ed Duffy. ~e informed the Council they were representing ~. Frar_k Rella, who is in New York and a~ked them to repre- sent him. He ow~s a piece of property on ~3rd ru~ug east of the railroad and south of 23rd. It is proposed for OP and C-3. It was previously zoned for industrial. He would like to keep it industrial, but he won't argue that point. Ee would, however, like C-4, but the OP is approximately 20 acres and he does~'~ thi~k he could do auyt~hi~g with it. The C~-3 strip is narrow with the OP ~ehind it. Mr. DeLo~g questioned if he requested the OP and M~. Fr~rath replied: ~o, i~ was there. Mr. Rella thought he could live with it, but has decided now that he is ~ot for it. ~s. Jackson asked if it was all vacant land amd Nr. Franrath replied: yes, all along bhe ra~road~ MaYor Roberts asked if the ¢~rner a~tted Old Dixie Eighway amd Er. Frc~rath replied: no, it doesn't go that far. He explained tke location. ~r. Strnad s~ated that as he co~l~ see, this property was contiguous to ~-3 of property along U. S. 1 and he for the OP there. Mr. Barrett clarified thmt the ~a E~e~r,o~en~ ~ea for light industrial ~es. He ~ ~, w~' allowed. Mr. Dully a.dded.t~hat ~ out by the ~ounty, they designated t~ pie~ of ' as a shopping center. Mrs. Jacks acres were involved and Mr. the~e were approximately 33 acres. M~r. Strnad made a mo~iom to cha~ge this OP to C-3o Mr. DeLong seco~de~ the motion. Nfs. P~dgett conducted a roll call vote as ~ollows: Vice May. or DeLong - Aye ouncmlma~ Harmenmng - Aye Coumcilwoma~ Jackson Aye Co 'mUcilm~ ~Strmad -- Aye ?~Yor ~ober~s Aye Motion carried 5-0. M~. William Boose stated his name and advised that he was a lawyer in ~est Palm Beach. He stated he was here tonight ~ep~esenting a piece of property known as a gray area, which ms mn a developed portion of the community and has several directions in which to go. His client is specifically inter- ested in a lot on 23rd Avenue between Seacrest and the rail- road. It is Lot 3, High Point. His client is Dr. Robert Guzauskas, a dentist in Boynton Beach. Dr. Guzauskas is ~der contract to buy this lot. He would ,like a change of zoning~ to C-~ for medical professional offices. ~. Elam gave maps of this area to the Council members. P~. Boose continued that the property he was referring to was marked MINUTES CiTY COUNCIL MEETING PAGE T~ENTY MAY 14, t975 dark blue in the map on the south side. It is almost con- nected to the present C-1 recommendation. ~@. Harmening asked if he was referring to the whole strip and ~. Boose replied he felt possibly it could be the whole strip. He added there were other people wishing to speak, Mr. DeLong noted this was proposed for R-IAA. M~. Elam cls~ified it was Lot 3 with a red check on it. Mr. Boose~ added that Mrs. Murray owns it and Dr. Guzauskas plans to purchase it4 Mrs. Jackson asked if he was in agreement with M~r. Elam and Mr. Boose replied~ yes, they are across the street from each other and are ~sking for the same thing~ ~, DeLong added that they had also received a petition i~u reference to this area. ~Lr. Boose continned that Mr. Elam had corresoonded with the City Cot~ulcil previousl~ and plotted on a pi~tthe o~ers in favcr~ ~on-committal, and opposed. This map m?rks the area they would like to be considered on both si~es of the street. The land use presently in ex~stsmce wi~ ~-1AA and the Flanni~g ~ Zo~r~g Boar~ has recommended R ~ and they wo~ld like t~ have ¢-1 as an alternat~o~ ~ R-2. The areas to'~ the immediate east are part of the eld community and will be designated as C-3 smd E-2. There are ~o.mme_rcia~l ~ses thmere a~d apartments. It is kind of a O~Ee ~o~ge development ~area, Dr. Guzauskas is conte~olat- i~g e~pa~sion of his oractice and he feels this is the ap- propriate and perfect-pImce for his facility. He is pre-, Pared to present an application to Planning & Zoning, which Cceald be an example aloSg ~his are~. This lot does meet all requirements of a ¢-1 ~$~ict, He thi~s, it is an import- a~ ~thing to' note that ~h~y do have in this commmnity a ho~pita~ a~d the land USes ,surr6unding the hos ital ~h ~e for this typo of use, ~ey feel' the Pla~ni~Pg & Zo~-°nuld ~oar~,s recommendations ~ar~u~d the hospital are accmrateg an~ appropriate. Eowever, ~he believes commercial to the east alon~ 23rd wo~ld a~.so ibe beneficial. Also in refer- e~?e~t.o the traffic on ~3~., it wil~l increase as the hos- P~ .~a± zncre~_~se~ amd the ~e~ to .the west develops. He · se~s a me,ica± profess~0~ faczli~y along this road wilI be a~ buffer to allow hom~s ~o continue as they are today. ~H? !iv. es on top of ia doc~0ri,s office on Fl~le~ ~w~w~ ~ ~s ~s conducive for f ~l liv~ -~ - .... .~ ~ a~d ~ .......... ~ ~ ~.~g, Dr. G~za~skas ~ here ~ ~e~a~o~ i~oau~e ~±aus to go thro~Eh with this. i .' : ~ Y i~ ~ a.'llow M~.. Elam to ~ke some com- me.n~s ~n rezerence ~o th~,nOrth s~de of the street, since he ~as been following t~6 p~ogress ef this matter from he~ing to hearing~. M~ Jackson asked him how he thought the~ were doing an~ ~r; BooSe replied he thought the~ were do!n~ very well umber t~e Circumstances, but Dr. Guz~us~as :s ~n serious trouble. They have a very difficult urban area to feather away fre~. He thinks they are doing what is reasonable, Ma~or Robe.rts stated that he is familiar with this area and doesn,t think there would be any objec- tion to putting in C-~ i~ this area. Mrs. Jackson added MINUTF~ CiTY COUNC/L M~F. TL~G PAGE T~ENTT-ONE MAY 14, 1975 that she thinks it is very logical to have it for medical and professional buildings. M~yor Roberts added he could understand the objections to C-2 or C-3. M~. Barrett agreed that it was a gray area and a hodge-podge. The Planning & Zoning Board has spent a lot of time on it and changed their proposals several times. He thinks the Pl~3~- ning & Zoning Board were of mixed emotions also in this area and he doesn't think they would have any objections. Mrs. Jackso~ made a motion that the area on the blue part of the ma~, north and south sides of 23rd Avenue between Seacrest and F.E.C. Railroad, be changed to C-1. Mr. DeLong seconded the motion. Mr. Boose added that he would f~nish a legal descriptiom and that it was the first tier of lots only. Mrs. Padgett conducted a roll call vote as follows: Vice Mayor DeLong Aye Councilman Harmening - Aye Cou~cilwomau Jackson - Aye Coumci!man Strnad - Aye Mayor Roberts - Aye Motion carried 5-0. b~. Bill Elam appeared before the Council and informed them he wasm,t waiting for the crowd to leave, but did have a fear of being stoned. He congratulated the Acting City Planner ~d Planning & Zoning Board for the wonderful job they have done. Mr. Barrett referred to the legal descrip- tion given previously and stated there is a C-2 area just west of the tracks. ~. Harme~ing clarified that it was Lot 41. I~m. Elam replied that he would give him the exact lot numbers. Mm. DeLong stated they could go by the map he submitted. ?~. Boose thanked them very much and requested Dr. Guzauskas to stand up. Mr. RaymOnd Zompa stated his name and his address as 4~0 S. ~. 4th Avenue and added that he was a real estate broker. He informed the Council that hehas a client owning property which has been zoned C-I and has been R-IAA for 20 years. He gave a map of the Western Heights area to each member. On the zoning plan, it was marked R-3 and now it is R-2. He stated that nobody would want to live on this corner. ~_e is Wondering if it c~omld be extendsd to take in Lots 44 and 45 e~ C-t. It was revamped tonight to R-2. His client owns the ten lots all in a row. Mrs. Jackson asked if these were the two lots north of 23rd and ?~. ZomPa replied: yes. He has a contract in his office right now for a medical building. ~. Barrett asked if he was referring to just the tw° lots and ?~. Zompa replied:~es, since they Just went to C-~, it should be on Seth s_mes. Mr. Harmening statedTM ~ ~nat person~ly he saw no objection except one and that was a few minutes ago, they committed themselves to this area to the people of High Point that it would be MIKUTES CITY COUNCIL MEETING PAGE T~ENT¥-TWO ~Y 14, 7975 R-2. He suggests they should hold off on Lots 44 and 45 and let the people from High Point state their opinion. M~. DeLong asked if he arrived late and Mr. Zomp~ replied Shat he has been here, but didn't want to stir up any more bees. -~. DeLong stated it was too bad he didn,t get up, as now they are in an embarrassing spot. The people who made this request have now left and hew can yon convince people that we didn't wait until they left to change this? ~wr. Harmening agreed and stated he was reluctant. Mayor Roberts added that he believed if they were here, they wouldn't obje~to Mr. DeLo.~g stated they have s~ev. eral mem- bers of the planning & Zoning Board and Acting City Planner and he. thim~ they h~ve mentioned they would be agreeable to tN~s, but he doe~'t think they ca~ take action im view of the past action, Mr. Zompa stated that he understood and possibly he ~oul~ apply for rezoning. Mr. Harmening commended Board and stated he themght they credit in this. Mrs. Jackson referred to the ~rea on 15tk Avenue west of the' cemetery and h~ving received petitions ~ letters ~nd stated she was surprised the people didn't bot~e~oto come. ~. Barrett informed her that they did satisfy these peoole in that a~ea by taki.ng away ~he Zoning i~. m~eral lots.- M~rs. Jackso~ stated th~s was not marked on her ma~. Mr. Barrett ~tate~ she wasn't reading the latest mm~ a~d he pointed out nat the C-1 zoning now ~ends at the first block west of Sea- crest. Mr. Eelly gave a Copy of the latest map to Mayor Ro.b.ert.s. Mrs. Jac~k~om stated that the ~e0ple were evidently satisfied and that is w~y they didn,t c~me. Mmyor Roberts asked Mr. DeLon~ if ~ .............. thing ~n rexerence to the .RO~e property amd Mr. DeLong re- plied: no, Mr. Rose shoul~ have been here. He is not con- cerned with what was in the contract, but wanted to k~ow if the Council is concerned with R-3 a~d the possibility of having four story buildings there south of the water plant. ~s. Jackson clarified that this was across from High Point, which is already built up. She asked if there was any chance this would be used for the water plant? N_r. DeLong suggested putting some type of zonimg there now to hold it, but he wouldn,t want to crowd any four story buildings in there. Mayor Roberts r~ferred to the new ordinance and the density being 10.9 and they would have plenty ef green space. Mr. DeLong stated that it would still crea~e traffic. ~s. Jackson suggested putting it as a holding space and possibly they may need this property to add onto the water plant. t~. DeLong stated he believed the water plant would be built o the west, as that is where the wells are. He is concerned with traffic congestion. MINUTES CiTY COUNC~ ~ET!NG PAGE '~,~E'TY- THREE MAY 14, 1975 ~,~. DeLong made a motion to change the proposed R-3 to R-2 on the east side of Seacrest south of the water plant. Mrs. Jackson seconded 2he motion. Mm. B~rrett pointed out there was a section south of that which is R-2, which will mmke it contiguous all the way. Mrs. Padgett conducted a roll call vote as follows: Vice ~5~yor DeLong Aye Councilman Harmening - Aye Couucilwoman, Jackson - Aye Councilma~ Strnad Aye Mayor Roberts - No Motion carried 4-1. Mr. DeLong made a motion that the preli~nary adoption of the proposed new zoning map as submitted bY the Plannir~g & Zoning Board for the City of Boynton Beach, Florida, and as corrected tonight be accepted. Mr. Strnad seconded the motion. Mrs. Padgett conducted a roll call vote as follows: Vice Mayor DeLong - kye Councilman Harmening - ~Je Coun¢ilwoma~ Jackso~ - Aye Councilman Strnad - Aye Mayor Roberts - Aye Motion carried 5-0. M~. DeLong made a motion to adjourn, seconded by Mr. Strnad. Motion carried 5-0 and the meeting was pro~rly adjourned at IO:39 P. M. ATTEST: City 2ITY OF BOYNTON BEACH, FLORZD~ Membe~ ~  ' /~oun cil Member Councml MemDer