Minutes 05-13-75 ~SP
MINUTES OF T~ COUNCIL ~ETING HELD AT CITY HALL,
~ T
BOYNTON BELCH, ~LOR_DA~ TUESDAY, ~Y 13, 1975 at 7:30 P.
David Roberts, Mayor
Joe DeLong, Vice M~yor
Y~s. Emily M. Jackson, Councilwoman
Norman Strnad, ~ouncilma~
ERward F. Harmening, Councilman
Frank Kohl,
City l~uager
~s. Cal!ie Cianton,
Asst. City Clerk
Mayor Roberts welcomed the ladies and gentlemen present and
called the meeting to order at 7:30 ?. M.
Mayor Roberts stated before starting he thought he might
answer questions which were asked of him regarding the sense
of having all these hearings, having rezoning, new ordinances,
etc. He read the following paragraph from the omdinance:
The idea is to lessen confusion in the streets, 'to
secure safety from fire~ to provide adequate light and
~ to prevent the overcrowding of land, to avoid nndue
concentration of population, to facilitate adequate pro-
visions of transDortation, water, sewers, park and other
public requirements, to conserve the value of buildings.
He a~ded that it would all be fine if it worked out this way.
He then stated tna~ M~. DeLong requested to make a statement.
M~r. DeLong stated there were a few things he wanted to say.
First he referred to having any zoning classifications out of
special exceptions that must be included, the provisions for
such which are ink. the zoning ordinance they are about to adopt.
The other was the latitude of the jurisdiction of the Board
of Adjustment in so far as variances are concerned. They
had some debate, pro and con, the other night and it was un-
clear to him just exactly what they wonnd up with. ~e
State law is very spec~fme, ps_rticularly Statute ~63.170,
which he the~ read. He pointed oug that he thinks they
missed this point in that a variance is authorized only for
height and height area and size of structures or side yards
and open spaces. Establishment or expansion of a use other-
Wise prohibited shall not be allowed by variance or shall a
'~ariance be granted because of p~resence of the nonco~rmity
mn the zoning disgmicts or classification or adjoining dis-
trict zoning classification. Their thou ht oarP~i fences
~ ~ .... ~ g ~ ng,. ,
e~c. came un~er the jurisdiction of the Board of Adjustment.
~. DeLong continued that he would like to prepare the City
Cooncil for tomorrow night. He has been home ill since Fri-
da~ and as a consequence, he has ~ot been able to do some
things which he intended to do. He had a call from ~.
Robert Rose in reference to his property m~d he also for-
warded a lot of stuff to him. In reviewing it himself,
MiS~TES
CITY CO~NCiL ~ETING - SPECIAL
PAGE TWO
MAY 13, t975
he thinks from the little experience he has had, he cannot
so, where the claim i~, but would like to oass it along to
the City Manager to h~ve the City Attorne~ pass a deter~na-
tion on it. This contract o~ sale was entered into by The
City and Mr. Rose's corporation in 1952. The contract of
sale permits various types of zoning; but in looking over
the contract, he finds the contract h~ not been executed.
There may be a legal point if this was t~_ken care of at a
reguls~ City Council meeting. It would appear to him there
would have been a resglution or motion for a resolution.
He requested the City Clerk to check this. As he understands
there is noon-indicatiOn of an existing executed contract. '
~.would like to have any minutes they may have for the bene-
fm~ of the members that covered a meeting around tha~ area.
Mayor Roberts asked if this land was all vacant and M~.
DeLong replied: yes. Mayor Roberts continued that he be-
lieves mt has come up before and the City Attorney is aware
of it. Mr. DeLong s~ated that they ha~e not had a reply
from the City Attorney as yet and he believes tomorrow night
w~uld be appropriate to discuss this if there is a record of
~ne m~nutes. Also, m~ should be clarified mf there is a
r~cord sf the minutes granting this pa~ticuls~ zoning. They
should also have a statemsnt from the~ity Attorney that the
contractual agreement is either valid.ernull and void be-
cause it is not execu{ed. Ee thinks this will save them a
lot of trouble.
Nayor Roberts announced they would proceed with discussing
the north end of the map, which is posted at the side wall.
He suggested that those wishing to speak against or for
give their name and the location of the area. He is con-
cerned with the lot and block, but theaddress will also
help. They will star% at the extreme ~op section of the
map. Mrs. Jack, on added that it might be helpful if each
person went to the ma~ and pointed out the location as they
describe~ it, so they would know what was being referred to.
Mr. Lawrence Chan$1er stated his name and his address as
9~4 N. E. 7th Street. He referred to the R-IA area on 7th
~treet on the iatraco~stal. He noted ~hat no changes had
een made on tko map. He stated that he c~me as a ooint
of cautio~ to the original meeting, hutfound out a~ter he
left that someone did speak about this property. He
formed the Council that he has written to the members of
the Planning & Zoning Booed and stated he had not received
any notice o~ a proposed change. He did:attend tSe meeting
and it was hms position that ~ny proposed change if out on
t~e floor could not be implemented and whatever reco~menda-
tmon the ~lanning & Zoning Boamd made to the City Council
would ~e mnvalid since there were no legal notes. ~L~yor
Roberts asked what the original zoning was and ~. Chandler
MINUTES
CITY COUNCIL MEETING- SPECI~
PAGE THREE
MAY 13, 1975
replied it was R-lA. Mr. Barrett noted it was shown as R-lA
ou the map, Mr. Chandler stated he heard people were trying
to have it changed. Mayor Roberts pointed out that it was
still R-lA. Mr. Chandler replied this was satisfactory and
he thanked the Cotracil. He added that he just wanted to mahe
sure it wasn't changed.
Mr. John White stated his name and his address as 206 N. E,
12th Avenue. He informed the Council that the zoning change
for the area of N. E. 12th Avenue is proposed to be zoned
R-3 a~d it is presently zoned R-I. Ee questioned why they
were dropping from R-I to R-3. He sees roomiug houses,
boarding houses, etc. under R-3 and there are single fm~ily
homes here. One time, he spoke to the Building Depa-~tment
and they stated it was proposed to be changed to R-2. He
hopes they can make an adjustment to go to R-2. He lives
there and he doesn,t want to see hotels, boarding houses,
apartment houses~ etc. in that area. M~yor Roberts asked
him to identify this area on the map and Mr. White pointed
it out. Mr. Harmening questioned if he was referring to
the oiece bordered on the north by the Boynton Canal, east
by F~E.C. Railroad, mostly on the south by l~th Street and
swinging down below 10th Street for a small piece, and
returning north along N. W. ~st Street and M~. White reolied
this was correct. Mrs. Jackson questioned if this was %he
area which people have requested that it be upgraded for a
n~ber of years rather than downgraded? Mr. ~hite replied
that he didn't thi~k so. The present situation is that there
are a number of ~plexes and s~le family hoses, but no
multi-family resmdences a~d he believes ~kis is what is being
proposed. .There is one apartment and there are quite a few
non-confor~ng lots and it would present a hardship to
people living there. Most of the people living in duolexes
there own them and live on one side. Mrs. Jackson st[ted
she was not quite sure of his concern and questioned if he
wanted R-2 instead of R-37 Mm. ~hite replied: yes~ R-2
which is single and two family dwellings. Mm. Barrett re-
ferred to the regulations stating R-3 allows single e~d two
family dwellings. ~ith R-2, the small lots would be non-
conforming. This ~ould be an effort to accumulate more land
for a better and more modern type of housi_ug in this area.
_Mr. ~hite replied that he didn't believe this explanation
was valid to him. He believes R-~ would be better with the
zoning already~there. ~ith R-3, there would be no recourse
for the people living there. ~ith the size of the lots
there, it would even limit the size of the duplexes. Mayor
Roberts asked what the original zoning was and Mr. Barrett
informed him it was R-~ with some R-2 and spot zoning was
all the way through the area. Regardless of which way it
is zoned, there would still be many lots non-conforming.
This is an effort to consolidate land and increase the lot
sizes. This would provide for abbetter type of housing than
MINUTES PAGE FOUR
CITY COU~Ci~ MW~ETING - SPECIAL M~Y 13, 1975
existing. R-3 encompasses single family, duplexes, tri-
plexes, quadplexes and anything from there on up. it is
the most lenient type of z~ning which could be applied to
an area. 50 ft. lots are the minimum required for that
zoning. ~,~. ~hite disagreed aud stated 100 ft. lots were
the minimum. ~. Barrett replied in any event, there is
not a single lot which would conform to any zoning they
have in that particular area. M~. White questioned since
there was none that would conform, what recourse did the
owner have with a 40 ft. lot? M~. Barrett replied that he
stayed where he was and was not affected u~til such time
when the property became valuable when someone purchased
the lot to incorporate the lots and encoo~age the growth
of the area. The whole plan is designed to encourage growth
of a certain area. ~. W~ite stated by the s~me token,
there were those people that wouldhave hardships in that
particular area where there is no property available to pur-
chase. Mr. Barrett stated the same thing would happen ~uder
the existing code. M~. White stated it was a lot of record
and would be of no use. M~. Barrett informed him it would
become a matter for the Board of Adjustment. Mr. White ques-
tioned if he didn,t think the present zoning of R-2 was
jmstifiable and M~. Barrett replied ~nat this was the con-
sensus oftthe Planning & Eoming Board. Mayor Roberts in-
formed him that this was being.recorded and the City Council
would review all this. ~. ~hite stated he would appreciate
it very much that it be reviewed, se he could be aware of it
as there are other people that are concerned,
Mayor Ro~erts announced if there was amyone present wishing
to speak in favor, they may also come up. They have heard
objections and it would be nice for someone to give them a
little encouragement. Mr. ~h~ite in£ormed him this was his
only objection. He then asked if there would be another
hearing. Mrs. Jacksom state~ she thought they were gof~g to
have the public hearing and then vote. She believes they
should vote on each presentation. ~or Roberts stated the
Planning & Zoning Board should be pre~ent tonight to recsm-
mend the map as presented. ~r. Barrett informed him that the
Planning & Zoning Board had a regular meet~ dowrtstairs at
this same time and they did re¢ommen~ this at a special meet-
ing. Mayor Roberts su st~ t at t~ v ~ ~ l~ ~ ~
~nis al± tomorro~ night, ~. DeLoag~stat~d.he never heard
of having a publmc hearing ~ ~ot ~c0nc~ing the differ-
ences at that time. They shoul~ n~t ~ave ~nother meeting
e ~aav ~ wam.on&y xair to ~ae i~e~le present tonight
to vote on mt tonmght and let ~the~ i~w. exactly how they
~e21. This is what ~hey ha~e d~e~past years. Mayo~
~oo~t~ r?plie~ that if that ~a~ Wh~ ~hey desired, they
wou±? ~o ~t~_ He~d?d~ the bnly!re~ he was holding up
was ~o ge~ ~ne oxmlcma~ reco~e~da~zfrom the Planning &
MINUTES
CITY COUNCIL ~TIi~G - SPECIAL
PAGE FIVE
MAY 13, 1975
Zoning Board. Mr. Barrett informed him that this was made
at their special meeting held by the Planning & Zoning Board
on May 1. Mrs. Jackson added that they had also received a
letter from M~. Kelly~ ~or Roberts suggested that they
proceed then,
Mr. Karmerd_ug stated that before making any motioms, he
would say this is a fairly large area according to the map
as outlined by ~Ir. V~nite previously. There are various types
of dwelling units in this area: some are nice and some should
be torn down. He can umderst~ud someone's reluctance to see-
ing the maximum use of R-3 next door or across the street
from a lovely home. in m~_king any decision in regards to
this particular parcel, he believes they should keep this in
mind. Mrs. Jackson stated that she didn't believe it would
be feasible at all to keep ~ae part along the F.E.C. R-3 and
have a dividing line and make the rest R-2. West of Seacrest,
there are some beautiful homes. ~he reconsidered after noting
that just across from here is a GL2 zone which would allow
R-3 and another, piece the other side of the psmk which is R-3.
If they made the whole section R-2, it would ~pgrade it. She
would like to bring out that many years ago, there was talk
that the people in that area would want the zoning made so it
would be a higher zone rather ths_u multiple dwellings. The
members checked the map. M~. ~hite suggested possibly mak-
ing North Seacrest the dividing line between R-2 and R-3.
N~s. Jackso~ asked ~f he meani R-~ west and R-3 east of Sea-
crest and ~. Be~rett replied: yes.
Mrs. Jackso~ made a motion that from the F.E.C. Railroad over
to Seacrest be R-3 (east of Seacrest) and from Seacrest~ where
the area is designated as R-3, be changed to R-2 (west of Sea-
crest). N~. Harmening seconded the motion. U~der discussion,
Mr. DeLong stated that the?lanning & Zoning Board in conjunc-
tion with the acting Plannir~ Director have spent several
years aa~riving at this ordinance and map. If there is going
to be a~compromise, he would like to hear from the acting
Planning Director as to his feelings in so far as to each
and every compromise. ~. Barrett gave them the reason of
how the present zoning was arrived at and if he feels there
is a compromise in oraer, he would l~e to, hear what he has
to say. He wants to be guided by both sides before making a
decision. ~. Barrett asked them to please bear in mind tha2
he presented a large majority of this to the Pls~ing & Zoning
Board with thoughts and ideas and the ~hiloso~hy on the zoning.
He feels, after having worked ' '- · - -
w~th the Plaanmng & Zonmng Board
for the last couple years, he can express their feelings and
reaction to a compromise. If they were to split the zoning
east and west of Seacrest, he would reflect in his ov~ mind
that the Plam_uing & Zoning Board would not object too stren-
uously. Mr. DeLong replied %hat this satisfied his request.
MINUTES PAGE SiX
CITY CO~CIL ~ET!NG - SPECIAL ~-Y 13, 1975
Mr. DeLong stated he would respectfully request the Chair
to have the acting City Attorney sit with the City Council
tonight to make a notation of this to _know where they
going. He thinks they would be on safer ground. M~yor
Roberts stated that it was being recorded and the minutes
would reflect this. Mr. Barrett informed them that M~rs.
Duse, who is downstairs at the moment taking minutes at
the Planning & Zoning Board meeting, will be here as soon
as it is over to take the minutes. In the meantime, if it
suits Council, he will make these recordings on the map with
the division marks aud the notes. Mayor Roberts agreed that
he should make the changes on the master map and they would
now proceed. Mrs. Clanton conducted a roll call vote as
follows:
Vice Mayor DeLong - Aye
Co,uncilman Enriching - Aye
Councilwoma~ Jackson - Aye
Councilman Strnad - Aye
Mayor Roberts - Aye
Motion carried 5-0.
Mr. Walter Dutch stated his name and his address as 100 S.
Federal Highway. He informed the Council that he would like
to distribute a map, so he could describe what he was speak-
ing about and gave a copy to each member. He referred to
N. ~, 2nd Avenue, West Boynton Road, immedia~ely~ west of
the 1-95 interchange on Boyatoh Road on the west side. He
advised this was a strip area starting at the industrial
pa~rk and the 1-95 interchange and running westward, which
is marked on the map. Mr. Harme~ing noted this was desig-
nated as propose~ for C-1 and Nr. Dutch agreed and stated
he believed it should be C-2. He stated that he owns two
lots on the north side, Lots I and 12, located on each side
of 7th Court. He had planned to request these two lots be
zoned from C-1t~0 pr?posed zoning' of C-2~ He had made a
request to the Planning & ZOn/ng Board tmat it go from C-1
to C-4. He also requested commercial lots throughout the
City be reduced da lot sizs~ so as not to ~ke the already
develope~ ~oper~ies non-conforming. The City Council has
~duced t~e.~ot ~ize requi~d for commercial and he wishes
re_~m~e~m ~n~m. zpr ~h~s cha~geL He is now changing his
ques~ xrom u-4 Oack ~o C~2. T~e proposed C-2 is very
similar to the existing C-1. His two lots lie within ap-
proximately 300 feet of ~c~dow~ of the 1-95 interchange.
Already intthat area is ~ne ~oynzon Industrial Pa~k and
F.E.C. Railroad. To upgrade this to C-1 would not be goo~
as it is not Professio~l t~pe property. Ha suggests that
the entireblock labelled ~1 west of the interchange be
changed in its entirety to E-2. He would like to put into
the records that he represemts Dr. Kitchen, who is in Tenne-
ssee and he talked to him o~ the phone and he is in agree-
ment and he owns property adjacent on the east. He owD~
MINUTES PAGE S~JEN
CI~I COUNCIL ~[EETiNG - SPECIAL M~Y 13, 1975
Lot 1, Laurel Hills, Book 21, Page 38. M~. Harmening stated
the legal descriptio~ didn,t help, as it was not noted on
the map. ~. Dutch clarified that he had marked his lots in
red. ~~or Roberts noted that it was all zoned C-1 and it
would be kind of an unusual request to just rezone a few
lots. Mr. Barrett agreed, stating they would get back into
spot zoning. He added that they should go back to the philo-
sophy of zoning that a C-2 area is a neighborhood shopping
area to serve a particular neighborhood, C-3 is a community
area designed to serve several areassand C-4 is designed as
a vast area to serve the entire ares. Mrs. Jackson referred
to Mr. D~tch speaking of his own two lots and questioned how
m~ny lots were entailed in th~s a~ea in ~ts entire~y? Mr.
Dutch replied that he did not k~0w~%h~umber of lots, but it
is an area representing approximately 900 feet on one side of
the street and approximately 1500 feet on the other side of
the street. ~. DeLong clarified that he wanted the whole
area to be rezoned to C-2 and M~. Dutch replied: yes, it
would be logical a_ud best for that area. Mr. DeLong referred
to Mr. Barrett's conte~tlom of it being spot zoning. Mr.
Barrett clarified i~ they just took two lots, it would be,
b~t not if the~ take the whole area, but they must consider
looking at the philosophy of zoning. ~tr. DeLong asked his
o~inion of the impact of this type of zoning in this parti-
cular area e~d ~:~. Barrett replied that C-2 called for a
neighborhood shopping center which is comprised of small
stores strictly on a retail or neighborhood basis. Mr.
DeLong questioned if the owners of this property realized
the permitted uses and if they were willing to accept them
and ~. Dutch replied: yes. Mr. DeLong remarked that it
would gi~e reasonable use of the land and Mr. Dutch agreed.
Mrs. Jackson questioned how many people were at the meeting
of the Planning & Zoning Board speaking in favor of this
same thine and M~. Barrett replied that ~nfortunately, if
nobody ha~ an objection to the zoning, they do not appear.
Mrs. Jackson stated there were other people who spoke about
this same area at the Planning & Zoning Board meeting. ~.
Dutch advised her that ~. Wykoff and ~ Tobin appeared and
requested C-4 and both are present tonight e~d will speak
for themselves in favor of C-2 in agreement with him. Also,
Dr. Kitchen has expressed this desire and this is now four
property owners in this 8~ea. ~. Do;~ta~'~ is also present
tonight a~d he believes he is in agreement. M~. DeLong
questioned how msmy l~ud owners were in this particular area
and Mr. Dutch reolied that he didn't F~uow, but these men
present would be a goodly numoer outside of the 7-1~ and a
frame residence and a Vacant lot. He thi~s they represent
perhaps 80%. M~. DeLong remarked that this was a good re-
presentation then. Mr. Harmening suggested hearing from the
other people in the audience in reference ~o this piece of
property~
MINUTES P~GE EIGHT
CITY CO%~CIL ~IETIN~ - SPECIAL ~Y 13, 1975
Mr. Wykoff appeared before the Cou~ucil and informed them
that he owns lots in Block 2 and Block 3 of Lake Boynton
Estates. He owns about one half of Block 2 and Mr. Tohin
owns the remaining half. He owns Lot 6 in Block 3. Mr.
Barrett clarified that these people present ~o represent
the majority of the property owners in this area and they
are correctly speaking of the area which is involved.
~nere s~re two solid blocks in th~ere. Mrs. Jackson asked
if s3ay people spoke in objection to this at all and M~.
Barrett replied ~ot in addition to the people appearing
here tonight. He doesn't think C-2 will relieve them of
having fallow land. He believes this would be better-for
professional use than a neighborhood center. There has
been a lot of consideration which has gone into this. The
Planning & Zoning Board feels C-1 is the be~er zoning.
However, on the basis of the majority of the property
owners wanting C--2~ they m~st consider these requests.
~or Roberts questioned if he felt the Planning & Zo~Jug
Beard would have mo Objections, but that he did? Mr.
Barrett replied that he has sat with the Planning & Zoning
Board and is aware of their feelings amd objections. AsP~ing
the ~ity Comneil to a rezoning application is always
in order when a
the public
Stated he
sented his casa. He
this and Mr. Barrett
i~to consideration. Mr,
appeamed at the previous
replied: yes, but the~
view of the changes
smggested a
B~rr~tt informed
C~l. The C-1 would be
F~rmening suggested they
reference to this area.
M~. DeLo~g referred to
& Ze~ng Board and
balers them and pre-
attem~p~ed to reconcile
his r~q~est was taken
if all the gentlemen
a~d Mr. Wykeff
~sw want C-2 in
~L~y or Roberts
there and Mr.
~o huf£er, except for
essional use. Mr.
Other people present in
Mr. Dewey Doxtad stated his name and informed the Cou~ci!
that he owns property on ~e east side of 1-95 on 2nd Ave.
He asked why there couldn,~t ~e C-2 on the entire street?
What would be the objection? He added that he would like
to re3~te Mr. Barrettes statement in regards to the buffer
to the south. They alreadv have a trucking company on the
south and there is no buffer protection. There is an indus-
trial park to the northeast. The nearest residential area
is on the north and to the east a~ud these properties are in
a state of depreciation. Ma~or Roberts asked if he was
located across the street fr%m Rink~r's and Mr. D~×tad
replied: yes~ they are in the industrial park buffered by
them. Mrs. Jackson re~ferred to Eea~sTrucking being there
and questioned their status and ~r. Barrett informed her
that they were a gre~adfathered use. As 5~. Keatts phases
out, this will diminish itself. He referred to i~. Doxtad's
MINUTES PAGE NINE
CITY COUNCIL ~ETING - SPECIAL M~&T 13, 1975
statement and he agreed the touchdown does isolate the in-
dustrial a_Tea from this smea. 1-95 in itself separates the
area to the east. Mr. Doxtad continued and referred to the
homes to the north and west of this property. The new access
to the industrial park has been swung aroumad ~_ud it is right
in the middle of this area. ~ne modest homes on the north
side are already in a state of deterioration. Sales will
reflect lower listing prices on the few listed for sale let-
ting a low income family buy in, which has already occurred.
The railroad ke~t them modest amd mew 1-95 has allowed them
to go into a distressed state. The ~hamge.in the area ~
already occur.red. They ~re gr~a~d~.ng the prooert~ npwa_wd to
C-1. Would the City Attorney like his off±~e right at the
touchdown of the 1-95 ramp with 40,000 cars a day? ~ne con-
~ept of the neighbor, hood has gr.essly changed. He thi~/~s Mr.
arrett,s thinking is 1'80° Wror~. Nr. $.tr~ad stated in view
of the fact they have a majority of the pesple here who re-
present this particular area, he doesn,t think they should
~ry to take a~ay the r~ain uses the property w_as intended for
in the begi~ing. He thinks these people should decide what
use is to be made of their proo~rties. If th~ thi~ it is
est suited for C-2 and there ~s almeady C-2 nearby, he does
not see any reason not to Change it as requested.
M~, Harmening moved t~o disregard the Plar~g & Zoning Board,s
recommendation for this parcel On N. W. 2nd Avenue, the rec-
tangular shaped parcel west of ~he Seaboard Coastline being
the east boundary line and N. V~. 2nd Aven~e .being the west
boundary line, presently recommended 0-~ become C-2. ~.
D?Lo.n~ se, c.onded the motion. UnCer discussion, ~yor Roberts
c±ar~-~ea ~t was ,t_he parc?l as shown on ~e particular map
and as noted on the official map bv Mr. R~r~tt ........
conducted a roll call vote as fo~lows:
Vice Mayor DeLong - Aye
Councilman Harmening _ Aye
Councilwoman Jackson - ~ve
Councilman Strnad - Aye
Mayor Roberts - Aye
Motion carried 5-0.
~. Fred Bilowit stated his name and referred to a piece of
land he owns on North Federal H~ghway. He pointed out the
locatiom on the map and added tn&t it was north of Coquina
Cove. He referred to soot zoning and informed them that
this was the only piece-not zone8 C-3 on Federal H_ghw~y.'~
All the property to the north and south is all C-3 and C-4,
including the property on the other side of the street.
M~. DeLong requested Mr. Barrett to e~lain the reason for
these two lots not being compatible with the rest of the
area. Mr. Bilowit added that these were relatively large
MI~JTES
CZT~ COUNCIL ~TtNG - SPECIAL
PAGE TEN
~¢¥ 13, 1975
lots. Mr. Barrett informed them that in the north section
of the City, there is no professional use designated a~¥-
where. He pointed out if they went ~daead with changing the
C-1 to C-2, it would eliminate all professism~l Use. it is
be~ed upon what m developer plans for vacant land. If they
submit a pl~uu, the Pl~uning & Zoning Board will consider it.
~¢rs. Jack~son pointed out that this property ab~ted railroad
property and she did not think this was in the same category
as the previous parcels referred to. Fzr. Bilowit added that
they a~so owned the piece in the back, which is zoned
C-2 amd C-3 also allow professional ~ses an~ if the people
renting want this, it co~l~ be used for this. Mrs. Jackson
asked if he owned the property to the east ~nd Mr. Bilowit
replied: yes, the R-1AA piece o~ the water. Mrs. Jackson
asked if he had plans for tnmsW' mud M~. Bilowi~ replied he
was working o~ it. Y~r. Barrett clarified this was the parcel
for Yachtsma~,s Cove which the City Council will review at
t~heir .next meetimg. Mrs. Jackson qmestio~ed that he did have
p±ans to have something there and planned to have a regular
little cemmcmity ~a~d MS. Bilewit replied there were about
building lots. He added that it to ~ote
that d~rectly to the north was an
They plan to put
out their ta~d
suggested that ~
Biiowit agreed. Mayor Roberts 9
vacant laud ~aw a~d Mr. Barrett
are vacant land now.
Boa~d feels they pro~ably would not
quested zoning, bmr im o~der to ~ew
tPer manner,, they would ilk. ets
o put mn there aud go for rezoning
Jack, on added tha~ this
to office and
that they were- not
to keep the
about 2½ years em~ it has ~-I
between G-2 a~d C-
~_~ ~ . 3~ Mrs,. Jackson stat~
~ .was u~z~r with someone OWning
~ney ~ry to change the ~'oni~g'.
he d~n't want to engage i~,an argument,
beliece one has to do ~th ~he other
are trying to upgrade and it is co=
The only thing is that i~. was zoned
if±ed that the first 300 feet was zone~
park.
to block
Mrs. Jackson
'it and .-Mr.
this was
parcels
& Zoning
the re-
in the pro-
plans
stated
~st wanted
~is land for
so~ewhere~
what she
awhile and
~tS stated that
~he doesn,t
i~ they
the area.
cte~-
~or Roberts
continued that
~ on the other hand_ it ~ .....
can . co~e lB Ior rezo~ +~ ~+ ~_ ~ ~ ~ney
. ~oo~s a~ ~. M~. Barrett corrected th~ ~ ......
a ~ . . . , Y ~ d they nave to
pply _or rezonmng, mf mt couI~ be ~e~,~ ~^-~ ~
Jackson suggested t ' ' ' ~ o ~
hat ~h?n choy fmnzshed ~his that ~oss~bly
they could have a perio~ ~f Erace and not have emy zoning
MIk~!TES
CITY COUNCIL ~ET!NG - SPECZ~L
PAGE ELEVEN
~Y 13, 1975
changes to try this out and see how it works for awhile.
She would hate to have everyone standing in line trying to
change the zoning. Mr. DeLong agreed. ~t~yor Roberts stated
he didn't think this would come about aud. didn't think this
was the problem right now.
MS. Philip Acadapain stated his name and informed the Council
that he ws~ co-owner of this property. He referred to pro-
fessional offices and the railroad being closest at this
point to their land than anywhere along U. S. 1 and he stated
he believed professional offices wou~d want a quiet area.
Traffic on the street would be okay, but the railroad would
seem to be too much. Mayor Roberts asked how it was buffered
between the land and the railroad smd Mr. Acadapain reolied
there wasn,t a~uy buffer. There is just a little bit o~ City
right-of-way. The railroad is about ~O0 to 150 feet away.
Mayor Rob~rtsremarked that he wished he were King Solomon
and could solve this quieker. M~r. Harmening state~ he thought
they should accept the recommendations of the Planning &
Zoning Board regarding this parcel. He is sure if they have'
any i~mediats plans for development that would require C-2
and if the plans are of a high quality, there probably would
he a very good chan~e for rezoning. Mr. Ac~dapain informed
him that it was very difficult to obtain financing and spend
money on plans when~it is not zoned for the mss you intend
to use it for. They could go to a lot of expense getting
plans and applying for rezoning, but it would be very diffi-
cult for them. Mrs. Jackson referred to below the C-~ and
questioned a line about the middle of Coquina Cove and Mr.
Barrett informed her it was C-4. M~s. Jackson asked if the
rest was zoned C-4 and Mr. Barrett informed her that the
ca~_al separated between the C-~ and C-4 zones. Mrs. Jackson
questioned if this was spot zoning and ~. Barrett replied:
no, there are several lots. ~fi~. DeLong noted a strip of
C-] and ~. Barrett clarified it was about 600 by 300 feet.
Mr. DeLong questioned if this wasn,t too short a distasce to
be broken down for one commercial zoning classification and
Mr. B~rett replied that it might possibly be. M~. DeLong
stated he felt it was. tf they were going to have a zoning
classification, they should ru~ it for some distance so they
could get some benefit from it. ~is opinion is if they break
it down too short, then they are jamming it in. Mr. Barrett
stated he didn't think the Planning & Zoning Board would have
any particuls_r objection. ~s. Jackson questioned the deoth
and ~. Barrett informed her it was from 250 to 320 feet ~e-
pending on how the highway runs. ~yor Roberts asked the
original zon'ing and ~..Bs~rett informed him it was C-1.
Mr. Strnad stated he thought they might be too restrictive
in certain areas and would be doing more harm to the City
and must watch this. They are t~ing away uses from people
of what they originally purchased the land for aud he does
not thi~_k it is right. With it being the old C-1 and putting
MINUTES PAGE T~ELVE
CITY C0~CIL MEETING- SPECIAL M~Y 13, t975
it in the new C-1, they are t~Ing away a lot of uses. Mr.
DeLong stated that there was no doubt in his mind that the
Planning & Zoning Board and acting City Planner acted with
all sineerity and good faith, but they are only a recommend-
ing board. The City Council has these public hearings to
F~ake the final decision to rect&fy what they feel through
their o~ experience from the pros and con~s on each issue
and then make their decision. He agrees they may be ca~sing
some harm, but has always been a firm believer that the people
who live in a City know what is best for the City. Mr.
Harmening stated that possibly the Planning & Zoning Board
may have recommended this for C-t was because of the exist-
~ng high quality homes in the area immediately to the east
in Coquina Cove. It is nearly fully developed as R-lAA.
If they open this up to C-2 or C-3, there is the potential
of relatively obnoZ.io~$ uses. He is ~ot against this request
and can uaderstan~ their p0sitioa perfectly. However, he
would assume if he lived in the western section of
Cove, he would be a little reluctant to see C-3 usage there.
Mr. Strnad pointed out that this was already in the $-I
~designation. The people that built in this particm!ar area
~uew that this existed and he questioned why these men should
be penalized for something that is not necessary. Mrs.
Jackson added that somebody came in at one time amd talked
about putting a cafeteria there andthe pe?ple .~n' Coquina
Cove were delighted a~d th~mght this was just fi~e. There
wa~ never any ~hje~tio~ to it. Mr. Barret~ Stated he didn't
believe the Plam~g & Z~ning Board memSers would ha~e any
objection to contim~i~g th~ C-3 as suggested.
Mr. Strnad made a motion to have this piece of property,
going from the trailer park down to camal and west of
Coquina Cove, changed to C-3o ~rs. Jackson seconded the
motion. ]{-rs. Clanton conducted a roll call vote as follows:
Vice M~yor DeLong= - Aye
Councilman Rarmening - Aye
Co~cilwoman Jackson - Aye
Councilman Strnad - Aye
~{~or Roberts - Aye
Motio~ carried 5-0.
Mr. Pau~ Wesson stated his name and his address as 393 M-_~ner
Road. He informed the Council that he was in a position of
having to argue for and against his oosition at the same time
and possibly they could come up with-a solution to his dilemma.
He owns a~d operate.s a nursery and kindergarten k_uown as
Storybook School_ on the north side of ~"~ner Road, approxi-
mately one block east of Seacrest which has been zoned R-2.
At the last meeting, a line was drawn down Miner Road ~ud
more or less across his back lot llne dividing his entire
area. }~. Barrett stated he thought he could solve this.
MiAVdTES
CI2~f COUNC~L ~F~ETiN~- SPECIAL
PAGE TnZRTEEE
MdT 13, 1975
~nere is a mistake here and the line was supposed to have
included his property. He knows the Planning & Zoning Board
intended to i~clude this and there is a small error in the
delineation of the line. Mrs. Jackson s~ked I£ it should
come straight across and Mr. Barrett clarifed that it should
come due south and include those lots and go back east to
Ocean. Parkway. Mr. ~essen pointed out there was no line
there at all and Mr. Barrett clarified that the line should
have come down further and he pointed it out on the map.
Mr. Hs~mening stated that the boundary was now on the south
side of Miner Read.
M~. Wessen contir~ed that there was another thing he would
like to add,eels: himself to. The other point is the proposal
in the new zoning regulations to allow nursery schools in
R-l, which he is in opposition to. When he first started
serving the commtuuity in this business, he chose a lot which
was R-1 which was much better than they now have. This was
not allowed previously and they could not use this more ad-
vantageous lot they originally shose because it was
They were forced to build in a position, which was actually
on a dead end road. They had a few lean years and now would
hate to see anybody be able to open a school in R-1 and
compete. M~s. Jackson agreed this was interesting an~ she
had made a note on this, but had forgotten to bring this uo.
Mayor Roberts stated he would rather go to the second hear~
ing on this.
Mr. Julian Patrick stated his name and his address as
25~5
S. ~. 10th Street. He referred to two commercially zoned
properties in the north en~, Rolling Green Ridge first addi-
tio~ an~ 2?th where Miner Road is. These are proposed for
C-2 and he would like to request these be changed to C-3.
It is a large shopping center site of about 26 acres and
under the C-2 classification, the use is extremely limited.
The sane applies to the northeast, which is about 16 acres.
He pointed out the locations on the nap. One parcel located
west of Seacrest, north of the canal, wh_cn~ ' was previously
zoned. ~ general commercial. Under C-2, it would extremely
lmm_t the usage. He read the uses oermitted from the regu-
atmons. He pointed out that it was extremely limiting to
a large tract of land. M~. Strnad asked what it was zoned
previously and ~r. Patrick reolied it was C-~, general com-
mercial. He pointed out that-this was a large shopping- ' ~ cen-
ter tract and not a small parcel and should be under the C-3
category. Mayor Roberts asked for Ms. Barrett,s ~'emarks ~ud
Mr. Barrett referred back to the philosoo~y of zoning and
sta~ed he believed it was a neighborhood-concept designed to
serve a particular neighborhood. He added that it was not
that limited mud any number of various ~
~ores could be put
in there, it would be limited to retail trade with ten in
a building. The prohibited uses are wno±e~ale~ - ~ sales. ~.
MINU~ES
CiTY COUNCIL ~TING - SPECIAL
PAGE FOURTEEN
MAY t3, 1975
Patrick pointed out that they couldn't build a hotel, pri-
vate club, recreation facility, bowling alley, etc. He
stated again that this was a large piece of property. ~r.
Bs~rett referred to this being vacant property and with
~owing a good use, rezontng would be in order.
Patrick stated that this would serve about seven different
plats. Mr. Strnad questioned who he was representing and
Mr. Patrick informed him that he was representing Mr. N.
R. Field, the owner. He added that he also owned part and
was representing himself. Mr. Barrett stated that he owned
part of the parcel on 19th Avenue and Mr. Patrick agreed
and added that C-3 uses should certainly he permitted in
this area. Mrs. Jackso~ q. uestioned the size of the property
and Mr. Patrick informed her they were approximately I6 and
26 acres. _Mr. Earme~1~g referred to there being some nice
homes i~ the north parcel which ~ould abut this and Mr.
Pmtrick stated that these he,es were BuiIt after this C-I
zoning was there. Mr. Earme~g ~isagre~d stating that
many were bU$]~tt Befores1962 a~d ~.~o Pat~ck informed him
that the zoning Was put in about 1956. ~2 was when Rolling
G~een Ridge was p. lattedo It was Show~ wke~ the plat was
first made by the city. H~ stressed ags~ that the use as
propose.d was too restrictive, Nr. DeLo~ stated he was
amazes i~ how c~mmer¢ial Was buZ£ered wi~h residential.
Mr. Patrick informed him that whe~ it ~as 'Dlanned, it was
~uffer. e~ with R-2 between the ~c~emme~cial land single fs~dly.
MrS..~c~son asked what w.as ~.~J,~ the C,2 area and Mr. Minutes
Patrick informed her theff~wa~ a~]tLTote-~m there now. Mr. of 6/3/YS
DeLong referred to these two par. c~ls and .questioned if there
was e~e~gh traffic BetWeen the tw~ area~ for two C-2 zones.
. Barr?tt clarifiedi.~hat G-2 was a neighborhood center.
. P~trick stated that C-2 was limited to ~en buildings.
. Barrett clarified that ten ~!ts per buiidinE we~e~oe~-
mitted and it could be co~tinne~ ~ith a separatiSn betwSe~
the buildings. M~r. Patrick referred to the definition of
G-3 being a central shopping center on ammin artery and
these fit that criteria.
Mrs. Jackson made a motion to leave the north part remain
at C-2 as recommended by the Planning & Zoning Board and
che_uge the C-2 area which abuts the City owned park,going
from 1-95 to Seacrest, to C-3. ~. Harmening seconded the
motion. Under discussion, Mr. DeLong stated he thought it
~vould be more logical the other way around. Mrs. Jackson
pointed out that C-2 was more restrictive ~md intthe north
pe~t, there is a U-Tote-Urn Store and some nice houses in
that area. ~. Patrick stated they would be happy with
this decision, as it would not restrict the largest piece.
~&rs. Clanton conducted a roll call vote as ~ollows:
MINUTES RAGE FIFTEEN
CITY COUNCIL ~ETING - SPECIAL MAY 13~ 1975
Vice Msjfor DeLong - Aye
Councilman Harmening - Aye
Councilwoman Jackson - Aye
Coo~cilman~ Strnad - Aye
Mayor Roberts - Aye
Motion carried 5-0.
~r. Patrick continued that he would also like to speak in
reference to nursery schools. He spoke to the Plan~ing &
Zoning Board about restricting nursery schools to the R-2
area as they are now. The new ordimance is increasing that
usage, not only one step but two steps to R-lA. P~r the
newspaper statement, this was to be considered tonight. This
ms on Page 20 in the regulations. He th~ks there is much
more than that which meets the eye. M~s. JacP~on agreed and
stated they would discuss it later. She stated she would not
forget this, plus it is not fair to the people in the R-~A
zone either. Mayor Roberts announced this would be considered
at the secon~ reading. There are amendments to be made. Mrs.
Jackson stated she would put this on the agenda for the meet-
ing° M~. Patrick continued that there have been laws passed
by the State referring to this also and he will come back.
Mrs. Jack, on questioned when the secon~ reading would be and
~. Barrett replied that he ~elieved it went for advertising
this Week. He will check it out. They will consider three
or four amendments at that time.
Mrs. Ann Siarto stated her name and her address as 170 N. E.
27th Court. She informed the Council that she was the one
applying for a nursery school in the R-1 area. She has
enough square footage in her home for the care of 22 children.
She is a graduate teacher ~d the children ~_u that area need
help vemy badly. She has taken care of these children and
she wants to continue to do this. There are 70 children in
the one nursery school and many people are neede~ to take
care of them and they don't have them. ML~ny people in her
neighborhood want to bring their children to her. Some of
these other schools also overcharge working mothers.
Patrick informed her that this application was before the
Planning & Zoning Board tonight and he attended, but she
did not sho~ up. M~s. Siarto replied that she didn't get
a notice of it. Mayor Roberts stated he didn't believe this
particular item was to be considered at tonight,s meeting
and it was most unfortunate. F~s. JacY~on stated that she
must have made a mistake. M~. Barrett informed them that
notices went out for this conditional use a~t a public hear-
Lug before the Planning & Zoning Board tonigh~ and he does
not lauow why she did not receiv~ a notice. Mrs. Siarto in-
formed him that the only notice she received was of this
meeting tonight. ~s. Jackson stated that she probably
went to the wrong place, as nobody received notices of this
MINUTES
~,.~. COUNC~ F~ET±NG - SPECIAL
PAGE SIXTEEN
~Y 13, 1975
meeting tonight. ~'Lr. Barrett stated he thought she was con-
fo~ed and he believes she should have been downstairs.
Jackson asked if she could be heard at the next Planning &
Zoning Board meeting and M~r. ~rrett replied that they pro-
bably tabled it. M~s. Jac~son clarified that she didn,t
have anything to be worried about then. Mr. Barrett stated
he would take care of this and notify her of the next meeting.
~fr. Bob Dalton stated his name and his address as 650 Las
Palmas Park. He informed the Co~ucil that he was presently
secretary of the Las Pa!mas Park Homeowners Association and
they represent' 10 of the 14 property owners in Las Palmas
Park. They just wanted to say they are glad there is a
zoning plan and are glad they m:~e R-I~. They recommend its
speedy acceptance and they will remain vigilant.
Mm. DeLong made a motio~ to adjourn, seconded by
~r. Harmening.
Motion carried 5-0 and the meeting was proDerly adjourned at
9:10 P. Mo
ATTEST:
Depuvy
City Clerk
CITY OF BOYNTON BEACH, FLORIDL
Mayor