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Minutes 03-27-90MINUTES OF SPECIAL MEETING OF PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA TUESDAY, MARCH 27, 1990 AT 7:30 P.M. PRESENT Robert Walshak, Chairman Nathan Collins, Jr., Vice Chairman Murray Howard Daniel Richter Denys "Sam" DeLong, Alternate (Voting) Dee Zibetli, Alternate (Voting) ABSENT Harold Blanchette Gary Lehnertz Carl Zimmerman Tim Cannon, Interim Planning Director Scott A. Elk City Attorney Chairman Walshak called the meeting to order at 7:30 P.M. The Pledge of Allegiance to the Flag was said. AGENDA APPROVAL Mr. Richter moved ~o approve the Agenda as prepared. Mrs. Zibelli seconded the motion which carried 6-0. COMMUNICATIONS AND ANNOUNCEMENTS None. OLD BUSINESS None. NEW BUSINESS A. Discussion of revised Ordinance which would allow repair of motor vehicles (but excluding major repairs), and finding with respect to consistency of proposed Ordinance with Comprehensive Plan. Chairman Walshak explained that in 1989, Ordinance No. was approved by the City Commission. A portion of the Ordinance was read out loud by the Chairman. 89-15 Reference was made to the time period early in 1989 when the Planning & Zoning Board was heavily involved in the Comprehensive Plan review. The Board got into areas where the Zoning Appendix didn't cover all the new applIcations that were being brought on line. At that time, the Board - 1 - MINUTES -SPECIAL PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 27, 1990 was discussing gasoline stations. It was decided that rather than call them gasoline stations, they would be referred to as automotive service centers. The Board talked about placing them in C-2. Full service stations would also be allowed in C-3. New applications were coming into existence at that time for tire sales with stores like Goodyear, Firestone, Michelin, etc. These are nice stores that sell tires and they have one or two bays where they tune up automobiles. The board discussed at that time, tire sales and service with auto repairs as an accessory item. Lubrication centers such as Jiffy Lubes were also discussed as well as car care centers. It was stated at that time that the Board would let that go and pick it up later before the zoning was fully in place, June 1, 1990. If anything came np during the year, they could start amending the zoning as it came to the City's attention. In September, 1989, Chairman Walshak recalled someone wanted to bring in a tire store that didn't want to sell motor fuels. Discussion took place when Carmen Annunziato was still with the City. Chairman ~alshak noted Mr. Annunziato indicated it would be acceptable to sell tires provided they had gas pumps in front of the store as the main selling item with tire sales as the accessory use. The board thought that was ludicrous at the ti.me so a zoning change was recom- mended to the City Commission. The recommendation was for "Tire Sales and Service Sto~es, without motor fuel sales and including, as an accessory use, auto repairs without major repairs." (This would mean inframe repairs only.) Chairman Walshak noted that time period was a transition with Mr. Annunziato leaving the City and Mr. Cannon taking over. Something got lost in the translation. The Board's complete recommendation to the City Commission was lost and watered down. As a consequence, what the City got was an Ordinance which is ~n Chairman Walshak's opinion, ludicrous. The Chairman had just received a copy of a proposed Ordinance from the City Attorney which made reference to car washes as an accessory item in a shopping center. He noted the Board never suggested that an accessory use to a tire store would be a car wash. He clarified what the Board had suggested was that the tire store have an accessory use of auto repair, specifically for tune-ups. Comments were made about Rick Rossi bringing through alter- ations and additions to the K-mart facility. Someone from the Planning Dept. brought to the Board's attention that according to the present Appendix, K-mart was operating illegally because they had a tire care center in the store and they didn't have gasoline pumps. Shortly thereafter, the Board approved the alterations to be made to that shopping center. The Board knew something had to be done - 2 - MIlqUTES -SPECIAL PLAIqNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH~27, 1990 about this because Sears was supposed to come to the Mall and chances were, they would have an auto tire care store. The Board made a recommendation to the Commission that tire sales/service along with car repairs be allowed in shopping centers with some reservations. One of the reservations was they could only service vehicles up to one ton. The basis for the whole thing, initially, was to eliminate fuel sales. At the time the Board was making recommendations on the tire store, it also said there should be provisions put in for other types of facilities that are new like lubricating cen- ters and auto care centers. Reference was made to a center which exists on Hypoluxo Rd. which is a nice looking building. These have three to five applications within one main building. That idea, somehow was lost and never made it to the Commission. Reference was made to the amount of time the Board had spent working on their recommenation. As the land planning agency for the City, Chairman Walshak thought someone shoul~ listen to their recommendations, verbatim, and then it is up to the Commission to decide. Clarification was needed in the Chairman's opinion. Remarks were made about nine full-service gas stations which exist in th~s C~ty. Boynton Beach is probably one of the only Cities in the area where full-service stations 6ut number the convenience service stations. One of the reasons is because we do not have provisions for these other appli- cations. Mr. Richter recalled when the Board was working on the Comprehensive Plan, the Board specifically said all auto services. This would include mufflers, brakes, lubrica- tions, tune-ups and everything that is currently done in C-3 at the K-mart. These things should be allowed in all of C-3. Somehow this was edited and slanted. In Mr. Richter's opinion, the result was an Ordinance which doesn't make sense. Mr. Richter noted the Board had recently sent language that they wanted the City Attorneys to consider when they drafted this Ordinance for discussion for this meeting. This information was even edited and some of it had been deleted and he explained. Somewhere along the line, the City wanted five acres included for this in the shopping center. In Mr. Richter's opinion this completely strikes down the small businessman in this City because he will be a non-conforming use if we allow this to happen. He thought this was discriminatory and shouldn't be allowed to happen. Vice Chairman Collins interjected that the Commission had the authority to approve, disapprove, alter or adjust recom- - 3 - MINUTES -SPECIAL PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 27, 1990 mendations. He thought that a~ least the Board should be given a "fair shake" in terms of these recommendations getting to where they are supposed to get in a positive and accurate manner. What has become law and what is still being considered is not what the Board had recommended. He was concerned about where the changes originated from. If it was the Commission's decision, that is their prerogative. Tim Cannon, Interim Planning Director thought the Ordinance drafted by the City Attorney was more restrictive than what the City Commission intended. That was how it was presented to the Commission and that was how it was adopted. Mr. Cannon noted the City Attorney had been given broad guide- lines and the way the Ordinance wound up, it just allowed tire sales and service. Mr. Collins thought perhaps when the Planning and Zoning Board makes recommendations that are to be reviewed by the Commission, the Board should make sure a Board represen- tative is present at the Commission meeting. Actually, he didn't think the Board should have to do this. The Board makes the recommendations and he thought the recommendations are supposed to be in writing, verbatim. That is the way it should move from the Board to the next step. Currently, that is not happening. When recommendations are altered, he thought it should only be done by people who are charged to make such alterations. Mr. Collins thought the Board con- sisted of intelligent people who make recommendations. Hopefully some of the recommendations made will be adhered to. Mr. Richter remarked that after the tire sales/service Ordinance passed, the Mayor even indicated the complete intent of the Ordinance fell completely through the cracks. Mr. Richter said none of the included services were even presented to the Commission in that Ordinance. They passed that part of it at least to get that on the books so people could apply to put a tire store in this City. He felt the rest of the Ordinance is completely "out of wack," and doesn't take into consideration the suggestions made. Comments were made about the City attempting to revamp Ordinance 89-15 with a new Ordinance which still isnlt right. Changes were being made which were not even suggested by the Board and the changes the Board did suggest were not even presented to the City Commission. Mr. Howard understood K-mart and Sears' situations but he had reservations about recommending car repairs be allowed in shopping centers in C-3. He wondered how other busi- nesses zn the shopping center might feel about this. - 4 - MINUTES -SPECIAL PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 27, 1990 Mrs. Zibelli noted that many times there are no Commissioners present at the Planning & Zoning Board meetings. She knew it would be a tedious job but she recom- mended that the Board's Minutes be done verbatim for the benefit of the Commissioners. Chairman Walshak thought when the Board made recommen- dations, that the recommendations be read verbatim by some- body from the Planning Dept. Mr. Cannon interjected at the next meeting, the Recording Secretary would begin reading back all motions verbatim. Mr. Richter remarked that the way the K-mart situation was "explained away" by the Planning Dept. was that the auto service center at K-mart was an ancillary use to the main thrust of the store, therefore, it was not in violation. Mr. Cannon stated it is either a legal non-conforming use or it may be a conforming use if there is a category that allows department stores. He didn't have the Code in front of him at the moment but he noted department stores are allowed in C-3. It is arguable that auto repair as part of a department store would be permitted. Chairman Walshak remarked tire sales/service and auto repairs are a major business. As such, when Rick Rossi was presenting the changes for the K-mart, the Building Official was of the opin%on that it didn't meet the Code as t~e Appendix was wrztten. The Building Official had bee~ con- cerned there were some conflicts in the Appendix. T~e way to straighten it out was to define what they could dO. The Chairman thought there was a dual problem in that Sears would be coming to the Mall. Mr. Howard asked if a variance could be applied for. Mr. Collins thought that would cost time and money and the Board was trying to eliminate situations like that. They should be able to take care of it within the Codes so people don't have to go through all that. Discussion ensued. Mr. Howard had a problem with opening up the door to this. He didn't think automobile repairs belonged in a small strip shopping center. He thought Sears and K-mart would be entitled to a variance as they a~e big stores. Chairman Walshak reviewed material labeled "cc" from a worksheet. He suggested this paragraph be amended to the Ordinance. New material labeled "dd" was reviewed. The Chairman indi- cated the Jiffy Lube type facilities would be allowed but only for vehicles up to one ton. This would be allowed without the gas pumps. - 5 - MINUTES -SPECIAL PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 27, 1990 New material labeled paragraph "ee" was reviewed. Chairman Walshak noted there would be no big trucks in the shopping center. The building doing this would have to be the prin- cipal building and would have to occupy at least five acres. This would rule out strip shopping centers. The last paragraph, which the Chairman thought should be labeled "ff" had been left off. He read the recommended language. Among many things, the paragraph referred to car washes. He explained they often have "mini car washes" in these car care centers where they do waxing and detail work. Chairman Walshak had researched Board Minutes from the past 14 months and thought this was what the Board intended. He thought the Board's recommendation should be sent to the Commission with three alternatives. This would be recom- mended in C-3. An alternate to that would be in C-4. An alternate to that would be in M-1 (Industrial). With these alternates in succession, this wouldn't have to come back to the Board for consistency review. Mr. Richter asked if this would make the 9 full-service sta- tions that do motor service and repair non-conforming uses. Chairman Walshak responded negatively. Service stations are covered in the Appendix in different areas. In C-3 they're covered under paragraph p which totally defines what you can do at a gas station. In C-2 he thought it was item h. This had nothing to do with gasoline service stations. Mr. Collins made remarks about having to leave the City of Boynton Beach to go to neighboring communities to get these services performed. Comments were made about the facility on Hypoluxo Rd. which is attractive. Mr. Richter thought that auto care center was located on an out-parcel. DiscussIon ensued. None of the Board members wished to add or subtract anything from the suggested material. Chairman Walshak alluded to poor preparation of the Ordinance on the part of former City Attorney Raymond Rea. Motion Chairman Walshak passed the gavel and moved that the Board recommend to the City Commission the following amendments and new additions to Appendix A Zoning, Section 6.C.1: (A]nended as follows) cc. Tire Sales and Service Stores, without motor fuel sales and including, as an accessory use, auto repairs without major repairs (see definition "Major repairs"). Tire sales and service, with auto repair of vehicles in the C-3 district shall include all motor vehicles, in addi- - 6 MINUTES -SPECIAL PLANNING& ZONING BOARD MEETING BoYNToN BEACH, FLORIDA MARCH 27, 1990 tion to those types of motor vehicles for which sales, service and repairs are permitted in the C-2 district, but shall exclude farm tractors and implementst cement mixers, shovels or cranes, and special mobile equipment as defined by Section 316.003, Florida Statutes. All repair and service of vehicles shall be done in an enclosed building. (New item) dd. Lubrication sales and service stores without auto repairs and without motor fuel sales, shall be limited to automobiles, motorcycles, and pick-up trucks with a rated capacity of not more than (1) ton. All repair and service of vehicles shall be done within an enclosed buildin9. (New item) ee. Auto repair, tire sales and service and lubrication sales and service, without motor fuel sales and without major repairs (see definition "major repairs") in shopping centers. Provided that all such uses in shopping centers be confined to the principal building of the shopping center and provided the tenant occupies a minimum of five (5) acres (combined store and parking). Auto repair, tire, lubrication sales and ser- vices shall be limited to automobiles, motorcycles and pick-up trucks of not more than one (1) ton rated capa- city. All repairs and service of vehicles shall be done within an enclosed building. (New item) ff. Auto care and service centers without motor fuel sales and without major repairs (see definition "major repairs"). Auto care centers shall include two I2) or more of the following or any combination thereof: auto repair without major repair, muffler shop service and repazr, mini wash and detailing, tire sales and service stores, lubrication sales and service stores, radio repair and service stores and auto accessory sales stores. Ail uses to be limited to automobiles, motor- cycles and pick-up trucks and vans of no~ more than one (1) ton rated capacity. All repairs and service of vehicles shall be done within an enclosed building. Section 2, Appendix A - Zoning, Section 6.C.1B.d of the Code of~ Ordinances, City of Boynton Beach, Florida should be amended to read as follows: lB. Uses requiring environmental review permit. d. Tire sales and service stores, lubrication sales and service stores, auto repair, tire sales and service, lubrication sales and service in shopping centers and auto care centers. - 7 - MINUTES ~-SPECIAL PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 27, 1990 Also, these should be placed in the section "Definitions." Chairman Walshak continued on with this lengthy motion and stated he would suggest this recommendation go to the City Commission in C-3 zoning areas. As an alternate to that C-4 zoning areas and as an alternate to that, M-1 Industrial zoning areas. Mr. Richter seconded the motion. A vote was called of all those in favor of the motion. The motion carried 5-1. Mr. Howard voted against the motion. The gavel was returned to the Chairman. Motion Mr. Richter moved that the Board's recommendation on auto care, tire sales, lubrication centers be found consistent with the Comprehensive Plan. Mr. Collins seconded the motion which carried 5-1. Mr. Howard voted against the motion. ADJOURNMENT The meeting properly adjourned at 8:30 P.M. Shannon Burkett Recording Secretary (One Tape) - 8