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Minutes 05-30-91MINUTES OF SPECIAL MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, THURSDAY, MAY 30, 1991 AT 7:00 P. M. PRESENT Maurice Rosenstock, Chairman Gary Lehnertz, Vice Chairman Nathan Collins Cynthia Greenhouse Murray Howard Marityn Huckle Shirley Stevens William Cwynar, Alternate ABSENT Efrem Hinson, Alternate Chris Cutro, Director of Planning Jim Cherof, City Attorney Vice Chairman Lehnertz called the meeting to order at 7:00 P.M. After the Pledge of Allegiance to the Flag, he recognized the presence in the audience of Mayor Arline Weiner, Vice Mayor Edward Harmening, Commissioner Lynne Matson, Commissioner Jose Aguila and Former Mayor Ralph Marchese. NON-CONFORMING USES Mr. Cutro referred to the outline for non-conforming uses reviewed by the City Commission and advised that the proce- dure must be clarified. He explained how the current rules pertain to non-conforming uses east of 1-95. He pointed out that parking and landscaping requirements must be considered when non-conforming buildings are brought into compliance. Discussion ensued regarding relaxation of the code applying only in the CBD area and not for the entire area east of 1-95 and parking could possibly be relaxed with the payment of a fee which would be used to improve parking on the street and/or building a parking garage. The area which would be covered was discussed at length. Mr. Cherof pointed out that the current code does not allow expansion of a non-conforming use or non-conforming struc- ture, but the proposed code would allow it. Discussion followed with comments being made about establishing, re- establishing and discontinuing non-conforming uses. Several members expressed opposition to allowing the expansion of a non-conforming use. Opinions were expressed pro and con whether parking should be upgraded for non-conforming buildings and it was clarified that non-conforming buildings s~oUld be allowed to beautify, maintain and repair, but not - 1 - MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 30, 1991 expand the non-conforming use. Some suggestions were made to list specific maintenance and repairs allowed which would not affect the current parking. Members stressed there should be incentive to improve the present buildings with parking not being under consideration. Mr. Cherof suggested an amendment to the parking section of the code stating the section would not apply to non-conforming uses. It was agreed that the five items listed under "Processing of kpplications" would be rewritten taking into consideration the concerns expressed by the members with some research done and being sure these are compatible to the CBD regulations. Mr. Cutro clarified that Nos. 1 thru 4 on page 2 would be eliminated and the ordinance would be written for a C~nforming use inca non-co~f~rming building. He will thor~ughly review and set the criteria properly. The Board then discussed the Community Design Plan. Mrs. Greenhouse referred to how this plan did not cover r~ps~i~ting, but only pai~nting of new buildings and explained ho~ ~is had caused problems. Discussion ensued on approval bein~ ~required for painting of all buildings. After d~schssion, Mrs. ~Greenhouse moved that the Community Design plan be amended to include repainting of any commercial bu~l~i!ng and it shall be required to paint within the frame- work Of the Community D~sign Plan. The motion was seconded an~ carried 5-2 With Mrs. H~ckle and Mr. Collins dissenting. SITE PLAN REVIEW Commissioner Aguila came before the Board and stated he wanted to propose a system to combine some of the functions of the Planning & Zoning Board with the Community Appearance Board to create a board that would deal with master plans, rezonings, conditional uses and amendments to the comprehen- sive plan not dealing with specific site plans to make the entire system work more efficiently. He explained how this procedure with the planner handling processing would streamline the system in general and told about its success in other municipalities. Mr. Cutro stated the whole process for site plan review is now totally undefined in our code. The present procedure has overlapped the building plan process. The end product is a set of plans with a lot of comments attached. The pre- sent process has duplication and triplication of rsviews. ~e then read through the proposal. Mrs. ~reenhouse re~erred to the proposal to eliminate the Technical Review Board and stated she has a problem with the MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 30, 1991 site plan review being waived by the Planning Director and she disagrees with putting too much power in the hands of one person. She stressed that comments must be submitted from each of the ten members of the Technical Review Board and these should not be consolidated into one memo by the Planning Director. The Planning & Zoning Board must see the specific recommendations. These must be submitted to this Board and the City Commission to make a determination. Chairman Rosenstock, Mrs. Huckle, Mrs. Stevens and Mr. Lehnertz expressed agreement with Mrs. Greenhouse's state- ments and stressed that aL1 comments from all departments must come to this Board. Chairman Rosenstock added that all comments should relate to the sections that relate thereto as it relates to the particular code section. Chairman Rosenstock suggested that a time limit be insti- tuted for the whole process and Mr. Cutro agreed and stated he would work on that. Mr. Cutro read the proposed submission requirements. Mrs. Greenhouse referred to having the lighting indicated on the plans and Mr. Cutro explained how this was covered in the building plans and enforced with the building code. After discussion, it was agreed to make this addition. Mr. Cutro referred to notification and suggested that siqns be posted on the property. Mr. Cutro referred to modification of plans and stated the Planning Director would make the decision whether it had to go before the Technidal Review Board. He would seek com- ments from each member of the Technical Review Board before approval. It was clarified by Mr. Cutro that the Community Appearance Board and Planning & Zoning Board functions could be com- bined into a Development Review Board. There would be a separate chapter for site plan review and a separate chapter for boards. The land development regulations must be in one section of the code and not scattered. The Downtown Review Board would be eliminated. Commissioner Aguila told about two boards being used by Delray Beach and their powers and duties. Mrs. Huckle requested copies of the Delray Beach code for the members' review. Chairman Rosenstock agreed with ~his request and added that he would also like the attorney to comment on the code and that copies be given to the Community Appearance Board as well as the City Commission. Mr. Collins suggested that ordinances be MINUTES - PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MAY 30, 1991 obtained from other cities as well. Agreement was expressed that more information was needed. Mr. Cutro agreed to send this information as requested and added that he will arrange a 3oint workshop for further discussion. ADJOURNMENT ~he meeting was properly adjourned at 10:15 P.M. Sue Kruse City Clerk - 4