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Minutes 08-17-89MINUTES OF WORKSHOP MEETING OF PLANNING AND ZONING BOARD AND CO~MUNITYAPPEARANCE BOARD TO REVIEW CHAPTER 19, PLANNING _~ND ZONING, BOYNTON BEACH CODE, HELD IN CONFERENCE ROOM C, BUILDING DEPARTMENT, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, AUGUST 17, 1989 AT 7:00 P.M. Planning and Zoning Board Present Robert Walshak, Chairman Nathan Collins, Jr., Vice Chairman Harold Blanchette Daniel Richter Carl Zimmerman Dee Zibelli, Alternate Absent Marilyn Huckle Gary Lehnertz Murray Howard, Alternate Community Appearance Board Arthur Berman, Chairman Jean Sheridan, Vice Chairwoman Gertrude Lubin Pearl Wische Eleanor Shuman, Alternate Absent George Davis Walter Kies John Serrentino Stephen Jones, Alternate Carmen Annunziato, Planning Director Jim Golden, Senior Planner Don Jaeger, Building Official Chairman Walshak called the meeting to order at 7:00 P.M. Comments on Minutes of July 13, 1989 - Joint PZB/CAB Meeting Chairman Berman referred to page 8 of the July 13, 1989 Minutes. In reference to the fifth paragraph, Chairman Berman clarified that he wasn't the only board member that felt the CAB meetings should remain the way they were on the calendar. He stated Mr. Kies and Mrs. Lubin had agreed. Mrs. Sheridan and Mrs. Shuman had been undecided. Mrs. Wische had voted against. Chairman Walshak stated he thought there was some misin- terpretation of what he had said. He noted there is a four- week cycle now. To make it comfortable for the Commission, h~ had suggested extending it to a five-week cycle. Week 1 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 17, 1989 would be the TRB meeting, Week 2 would be the CAB meeting, Week 3 would be the PZB meeting and Week 4 would be the City Commission meeting. It would allow the Commission time to receive the Minutes of the CAB meeting which they don't always receive with the current schedule. Chairman Berman didn't mind the five-week cycle, but he still felt the CAB should meet after the PZB. Commissioner Wische commented that invariably applicants appear before the PZB with landscaping and signage. The Board discusses the plans and then refers it on to the CAB. He felt it made more sense for the CAB to meet before the PZB. Chairman Walshak indicated his comments at the last workshop meeting were that the CAB should meet first so the PZB wouldn't be deluged with landscaping, colors, etc. Further discussion took place. Don Jaeqer remarked a single packet of technical nomments is sent to all the boards and the Commission. Discussion transpired on having a week between the final board meeting and the Commission meeting, rather than one day, and Minute preparation. Chairman Walshak asked the board members present, "Who would like to see the CAB meet first? Six members responded affirmatively. He then asked, "Who would like to see the PZB meet first? Five members responded affirmatively. Carmen Annunziato remarked if this is implemented, we would probably have to change meeting dates from Tuesdays, because of conflict with the Commission meetings. There was no objection. Further discussion took place relative to sche- duling of the TRB meetings. Review of Chapter 19 The boards proceeded to review proposed changes as enumerated in Draft 3, prepared by the Planning Department. Every sec- tion of Chapter 19 was reviewed. The boards agreed to the Draft 3 changes listed, but made comments or changes to the following specific areas: Section 19-5(d) Carmen Annunziato remarked this paragraph should be corrected to state: The board shall, in addition, review, consider and make recommendations to the City Commission concerning the approval of site plans except as noted in Sec. 19-23, Article II and Section 19-22, of this Chapter." 2 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 17, 1989 Section 19-8 Chairman Walshak recommended this paragraph be changed so that the City Planner position would be filled by the City Commission and would serve at the pleasure of the City Commission. Discussion took place and various board members expressed their opinions. It was noted that the City Commission currently ratifies department head appointments made by the City Manager. Chairman Berman felt the City Planner should continue to answer to and be appointed by the City Manager. Carmen Annunziato remarked that in this form of government, generally speaking, the City Manager is appointed by the Commission to be the chief administrator. He didn't think it was appropriate to single out one department head and remove that person from the benefits and protections he experiences under the City Manager. Chairman Walshak stated there have been things going on in the Planning Dept. that he didn't particularly like. Discussion took place dealing with an applicant that had been instructed recently to take his application back and return 30 days later. Mr. Annunziato remarked it was the consensus of the TRB that what was submitted, did not meet Code. Chairman Walshak said the law requires the application to be forwarded %o the PZB with a recommendation. Technical insufficiencies are to be noted. The PZB takes the recom- mendation and technical comments into consideration. Chairman Walshak polled the PZB members on whether they felt the City Planner should be appointed by and report to the City Commission. The members expressed their feelings indi- vidually. Four members felt the City Planner should report to the City Commission. Mr. Zimmerman disagreed and thought the City Planner should continue to report to the City Manager. The consensus was that the PZB would recommend that the City Planner report to the Commission. Section 19-10 Chairman Walshak noted the PZB previously had decided to delete this, but if Section 19-8 is approved, 19-10 would be a necessary item. He suggested this material dealing with the compensation of the Planner be left in. All six PZB members agreed it should be left in, if Section 19-8 is approved by the Commission. If 19-8 is not approved, it should not be included. MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 17, 1989 Section 19-16.1. Definitions Chairman Walshak commented at the end of this paragraph reference is made to "lot clearing, filling, and grading costs; and the cost of signage." He felt "the cost of signaqe" should be deleted because that is a permitted item and would stand on it's own merit. If they're using the definition, contracted construction costs, in a later sec- tion, in 22 and 23 where it applies to the $250,000 feature, he felt it should be left out. All present agreed. Section 19-17.[a) (3) Chairman Walshak stated on a conceptual site plan, he didn't see the need for a tree survey. Chairman Berman agreed. Mr. Annunziato remarked this was taken from the subdivision regulations. In some instances a project should be designed around existing masses of trees. He felt that was the only reason it was included. Discussion took place dealing with the tree preservation ordinance and tree surveys. The PZB members were polled on whether they felt this item should be left in. The vote was 4-2 to take the remark out. Mrs. Zibelli and Mr. Zimmerman felt the statement should remain in. Section 19-17.(g) Chairman Walshak had a problem with this item. We're trying to speed the process up. Going to a full blown lighting drawing in the conceptual approval was ludicrous as far as he was concerned. The lighting has to meet Code before it's permitted. The PZB members were polled on whether they felt this item should be left out. The vote was 5-1 to take the item out. Mr. Zimmerman voted to leave it in. Section 19-17.(h) Discussion took place on whether plant names needed to be provided in both common and Latin. It was agreed that plant names were to be provided in common English. Section 19-17.(k) Discussion took place on the meaning of the words "conceptual" engineering. Mr. Annunziato felt the engi- neering and utilitity aspects of plans are extremely tech- nical areas and the new City Engineer and the Utility Directo~ could lend assistance in selecting the right words for this section. Chairman Walshak thought the entire paragraph should be deleted as it would cause confusion. The consensus of the PZB was that this paragraph should be deleted entirely. 4 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 17, 1989 Section 19-17. In) The board agreed this paragraph was needed, but asked Mr. Annunziato to change it so that it would read more smoothly. At the very end of the paragraph, Chairman Walshak thought the words, "and remain the property of the applicant" should be added. Section 19-19 Chairman Walshak read this section from the current Code. The subdivision ordinance under Article V refers to a TRB. It explains the department heads and says the City Engineer shall chair the TRB. To be consistent, the City Engineer would also chair the Technical Review Committee (TRC). Discussion took place on whether the TRB and TRC were the same. Chairman Walshak did not feel they were the same. The TRB was set up for subdivisions. The TRC was established in Chapter 19 for site plan review. He would like this clarified to read: "Article V of the sudivision ordinance and shall be chaired by the City Engineer and in his absence shall be chaired by the Building Official, who is deemed to be Vice Chairman." It was noted that in Jim Golden's July 18, 1989 memorandum to Mr. Annunziato, he recommended a change in Article V, Appendix C. Mr. Jaeger thought maybe what was being recom- mended should be in the subdivision ordinance. Chairman Walshak said it was already there. Discussion took place as to who would be responsible for paperwork involved such as Agendas. Chairman Walshak thought the Planning Dept. would continue to provide the material to the TRC. The TRC does their review, makes their technical comments, gives the plans back to the Planning Dept. who would then package it for the PZB. The City Engineer would chair the meeting because he is the most technical person at the meeting. The PZB members agreed. Section 19-20 Chairman Walshak read this section from the current Code. He stated the material didn't indicate it to be the respon- sibility of the TRB to deny or approve a site plan. The only approval or denial of that application, according to the Code, can be done through a recommendation of the PZB and ultimately is left up to the City Commission. He ela- borated on the responsibilities of the TRB. Chairman Walshak would like to see the following language appear: "Duty of committee to review plans. The technical committee shall review every site plan for the construction of any building or structure, other than single-family or 5 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 17, 1989 two-family dwellings, in order to coordinate the technical advice and expertise of the members of the technical commit- tee. The technical committee has no rlaht or privilege to deny, approve, alter or send any application back, but must send applications along with any technical comments it deems necessary for the application to meet City Code to the Community Appearance Board and the land planning agency of the City, except as otherwise provided in this Chapter." Section 19-21 Chairman Walshak suggested the following language: "The technical review committee shall review each site plan to determine whether or not the site plan meets all technical requirements as outlined in Section 19-17, and report in writing, under the heading of staff comments, to the Planning and Zoning Board at the next available Planning and Zoning Board meeting. Staff comments regarding matters con- cerning the Community Appearance Board shall be sent in writing to the next available Community Appearance Board meeting. The board members were agreeable to this language. Section 19-27 Mr. Annunziato stated in line 14 of the paragraph it should refer to Section 19-23, not Sections 19-23. Section 19-28 Lengthy discussion took place dealing with the fact that the TRB's job is not to deny or approve applications but to supply technical comments and to make recommendations. It was mentioned that staff recommendations are needed on a variance request but not on site plans. Chairman Walshak noted he was weary of the PZB having to indicate in their Minutes who voted in support of or in opposition to various applications. The meetings are open to the public and Minutes are available for inspection. He felt they should be able to state the PZB recommended appro- val, or recommended denial, based on a majority decision. Mr. Annunziato made a minor correction to line 6. Between Planning and Zoning Board and Community Appearance Board there should be a coma, not the word and. Section 19-43 Lengthy conversation took place regarding the proposed changes to this section. The consensus was that paragraphs (a)(i)(2) and (3) were acceptable as proposed. 6 MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA AUGUST 17, 1989 Discussion transpired on why there is no community design plan, when it has been suggested. Chairman Walshak noted one o~ the problems with a community design plan is where to start when the City is probably 50 - 60% build out. Commissioner Wische felt a plan with guidelines was still needed. Section 19-60 Relative to paragraph (b), Chairman Walshak asked Mr. Annunziato if they had addressed Section 19-60 tracking Section 19-17. Mr. Annunziato responded negatively and indicated they have a design guideline which is specific to the CBD. He thouqht this was something that needed to be discussed. Chairman Walshak stated in the Comprehensive Plan they had suggested and it was approved by the Commission that they afford the developer coming into the CBD the right of conceptual review. Discussion took place. Chairman Walshak referred to conceptual approval using per- formance standards. Mr. Annunziato didn't think the commission had adopted such a policy. Chairman Walshak said it was recommended and he was pretty sure the Commission had approved it. Mr. Annunziato stated the Commission decided to create the MX district, but he didn't think they had got- ten into specifics on how to implement it because that wouldn't be something in the Comprehensive Plan. If the City wanted conceptual review in the MX district he felt this is the section where it should be addressed. The MX district exceeds the CBD in size. Chairman Walshak observed 3/4 of the MX district is in the CBD. You have two different zoning classifications within one district. Mr. Annunziato remarked there is a design plan ~or the CBD that doesn't exist for the other. Chairman Walshak remarked that was why they had suggested going to the conceptual approval on a performance standard basis, if someone chose to do that. After lengthy discussion, the consensus of the PZB was that Section 19-60 should track Section 19-17, with the addition of ~6 and ~10, as addressed in Section 19-60. Section 19-63 It was agreed this section should be consistent on who chairs the TRB. The TRB on subdivisions and site plans is to be chaired by the City Engineer. In the CBD it should be the City Engineer also. MINUTES - PLANNING & ZONING BOARD BOYI~TON BEACH, FLORIDA AUGUST 17, 1989 Sections 19-64, 19-65 and 19-66 Chairman Walshak felt the language in these sections should be consistent with what was discussed in Sections 19-19, 19-20 and 19-21. Section 19-64, Duty of the technical review board to review plans, will track with what happens in site plan review, (Section 19-19). Section 19-65, Factors to be considered and reported by the technical review board in review, will track Section 19-20. Section 19-66r Report by the technical review board, should track Section 19-21 Section 19-73 Section 19-28 and Section 19-73 were compared. Mr. Annunziato remarked Section 19-73 should be changed to address conceptual site plans because as it was drafted it did not contemplate that. The board members agreed. Chairman Walshak commented he would like all board members to receive a final copy of the draft revisions before it goes to the Commission. Chairman Walshak called for a vote of all those in favor of sending the recommendations along to the City Commission. Those present agreed unanimously to do so. ADJOURNMENT The meeting properly adjourned Shannon Burkett Recording Secretary (Three Tapes) at 9:30 P.M.