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Minutes 11-06-89MINUTES OF SPECIAL MEETING OF THE PLANNING AND ZONING BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON MONDAY, NOVEMBER 6, 1989 AT 5:00 P.M. PRESENT Robert Walshak, Chairman Nathan Collins Jr., Vice Chairman Harold Blanchette Dan Richter Dee Zibelli, Alternate Tim Cannon, Interim Planning Director ABSENT Marilyn Buckle Gary Lehnertz Carl Zimmerman Murray Howard, (Excused) (Excused) Alternate Also present in the audience were Vice Mayor Olenik, Commissioner Wische and Don Jaeger, Building Official. Chairman Walshak called the meeting to order at 5:14 P.M. and introduced the members of the Board. Chairman Walshak had distributed to the Board a proposal for Ordinance amendment which addressed special non-profit spon- sored outdoor retail sales. Chairman Walshak had been con- tacted recently by the Exchange Club which sponsors the Dick Webber Child Abuse Center. They had arranged for a flower sale in the Boynton Beach Mall parking area. They were told they had to meet certain criteria and they proceeded to make their arrangements. A few weeks passed and when they returned to the Building Department they were told they could not hold this sale as there were no provisions in the Ordinance to allow a function of this nature. Reference was made to pages 1922.4 and 1922.5 of the Zoning Appendix. The Building Official is taking the position that there is a lateral interpretation of this material. Chairman Walshak commended Mr. Jaeger for his stand in this regard and felt his interpretation was correct. Comments were made about paragraphs 6, 7 and 8 on page 1922.5 which deal with Exterior display and storage of merchandise, Sidewalk sales and Sale of used merchandise. Chairman Walshak referred to the Boynton GALA and felt the City had been granting permission for the GALA to take place over the years, against the City's own Zoning Code. Chairman Walshak made comments about disparity that exists with language in paragraph 6 which states: "Exterior display of merchandise shall be completely contained within property lines, and shall not completely block walkways or otherwise create a hazard to the public." MINUTES - SPECIAL PLANNING & ZONING BOARD MEETING BO-~TON BEACH, FLORIDA NOVEMBER 6, 1989 Chairman Walshak, the Interim Planning Director and the Building Official had produced a proposed Ordinance amend- ment which was before the Board for review and approval. Extended discussion took place regarding item number 4 of the proposed amendment which addressed parking accom- modations. Comments were made relative to the fact that many times requests come in for sales in shopping centers during the holiday season when parking might already be at capacity, with little or no parking available for extra shoppers. Chairman Walshak stated the decision on whether to allow the event under such circumstanees would rest with the Building Official. Technical comments were offered by various Board members, Mr. Jaeger and Mr. Cannon. Mr. Cannon was concerned with language that was proposed for item number 3 which addressed liability insurance for the event. He didn't want the City to be exposed in this regard and discussion took place. The following language was arrived at for the proposed amendment: N. Special non-profit sponsored outdoor retail sales Special non-profit sponsored outdoor retail sales is per- mitted in any non-residential zoning district subject to the following regulations: 1. The event is sponsored by a non-profit civic, church, school or governmental organization. 2. The sponsors secure a Boynton Beach occupational license for the duration of the event and must comply with all other applicable codes and ordinances. 3. Liability for the event is the responsibility of the land owner and event sponsors. 4. Parking is provided for the event. 5. Such events or combinations of events shall not occupy more than three weeks per calendar year per parcel of land. 6. If a tent is used for the event, it must be constructed of fire-retardant treated material and must comply with the latest City adopted edition of the Standard Building Code. Chairman Walshak noted when non-profit sponsored events are held in a park owned by the City, Recreation & Parks would be involved. Mr. Cannon suggested that for events that take place on public property or on public rights-of-way, the event would need to be approved by the City Commission. He thought the Commission would want to have that control. Mr. Jaeger interjected you could satisfy that by making it 2 MINUTES - SPECIAL PLAkTNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 6, 1989 necessary to obtain permission from the City prior to getting the occupational license, whether the event was to be hsld on City property or not. Vice Mayor Olenik asked if the Commission had been advised of this special meeting. He had not been informed that this meeting had been scheduled. Mr. Cannon replied that only the Board members had been notified. The Vice Mayor felt in the future the Commissioners should be notified of any spe- cial meetings. Chairman Walshak apologized that the Commissioners were not made aware of the meeting. Other comments were made and Vice Mayor Olenik remarked he was glad this topic had been brought up because he intended to bring an item up for discussion at the next Commission meeting dealing with non-profit sales. Chairman Walshak informed Mr. Cannon that he would like to get this information to the Commission at the meeting scheduled for November 7, 1989. The Exchange Club had advertised their sale to be held on November 9, 10, and 11. If the Commission gets the Planning and Zoning Board's recommendation right away, then they can proceed without sending the topic back to the Planning and Zoning Board and could probably issue temporary permission under the guise of the Bu~ilding Official to issue a permit. Comments were made about the length of time it will take for persons that meet the City's criteria to obtain these per- mits. Mr. Jaeger remarked that if he had direction from the Commission to go ahead and issue them, persons could obtain the permits in an hour or so. Discussion took place regarding what had transpired in rela- tion to the request by the Exchange Club. The applicant applied and was under the asumption that they were doing exactly what they were supposed to be doing. When they returned, they were told they could not be issued a permit because they didn't follow the guidelines. Mr. Collins suggested that at Building Dept. staff meetings, staff be reminded of the Ordinances from time to time to refresh the memories of the employees so that things like this do not occur. Mr. Jaeger agreed and indicated that events that had taken place in connection with this particular incident had been addressed already. Motion Mr. Richter moved that the Board's proposal for Ordinance amendment to the Supplemental Regulations, Appendix A, as discussed at this meeting has been found to be consistent with the Comprehensive Plan and should be approved. Mr. Blanehette seconded the motion which carried 5 - 0. MINUTES - SPECIAL PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA NOVEMBER 6, 1989 Chairman Walshak distributed a memorandum and Ordinance change on home occupational licenses. He asked Mr. Cannon to put this topic on the Agenda for the next regular meeting of the Board as the subject needed to be discussed. ADJOURNMENT The meeting properly adjourned a% 5:55 P.M. Shannon Burkett Recording Secretary (One Tape) 4