Loading...
Minutes 02-14-85MINUTES OF THE SPECIAL MEETING OF THE PLANNING AND ZONING BOARD HELD IN COUNCIL CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON THURSDAY, FEBRUARY 14, 1985 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Norman Gregory Ronald Linkous Caesar Mauti John Pagliarulo William Schultz, Alternate Robert Wandelt, Alternate ABSENT Ezell Hester (Excused) Vice Chairman Garry Winter (Excused) Carmen S. Annunziato, Director of Planning Chairman Ryder called the meeting to order at 7:33 P. M. and introduced the Members of the Board, Mr. Annunziato, and the Recording Secretary. He announced that the Alternate Members were acting for Vice Chairman Garry Winter and Ezell Hester, who had been excused. Chairman Ryder acknowledged the presence in the audience of Mayor Carl Zimmerman; Vice Mayor Robert Ferrell; Councilman Nick Cassandra; Peter L. Cheney, City Manager; Betty S. Boroni, City Clerk; Hank Thompson, Chairman, H. Peter Mooij, Member, Dianne Lawes, Executive Director, and J. Michael Haygood, Attorney for the Community Redevelopment Agency (CRA); Hank Skokowski, President, Urban Design Studio; Owen Anderson, Executive Director, Greater Boynton Beach Chamber of Commerce; Mark Randall and David V. Gibson, Jr., Sun Sentinel; and Mary Reeves, Palm Beach Post. READING AND APPROVAL OF MINUTES The minutes for the meeting of February 12, 1985 were not ready in time for this meeting. ANNOUNCEMENTS None. COMMUNICATIONS None. OLD BUSINESS None. - 1 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 NEW BUSINESS Public Hearing Project Name: Agent: Location: Description: City of Boynton Beach Community Redevelopment Area Rezoning Carmen S. Annunziato, Planning Director South of N. E. 7th Avenue, West of Intra- coastal Waterway, North of S. E. 2nd Avenue and East of FEC Railroad Request to rezone from: R-3 (Multiple-Family Residential) C-4 (General Commercial District) C-3 (Community Commercial District) REC (Recreation) PU (Public Usage) to: CBD (Central Business District) in order to implement the Community Redevelopment Plan Recognizing the need for establishing a revitalized downtown area, Chairman Ryder said that over a year ago, the City Council formed an Advisory Board, which was to constitute a Community Redevelopment Agency (CRA), and he told of the Agency preparing a plan and Ordinance to establish a Central Business District. Chairman Ryder said the initial draft of the Ordinance was reviewed during a number of workshop sessions. Tonight the Board was meeting for its final consideration and recommenda- tion to the City Council. Presentation by Carmen S. Annunziato, Planning Director For the benefit of the Board and people in the audience, Mr. Annunziato wanted to retrace some of the steps the Board, CRA, and City Council took to bring them to the point where this Board, acting as the Local Planning Agency and advisors to the City Council, would be making recommendations to re- zone property. In August, 1979, the Comprehensive Plan was adopted. One thing it provided for was rezoning from C-4 to C-3 the major area of what is now being called the CBD. The intent was that the plan recognized that a redevelopment plan needed to be prepared, and it was beyond the scope of study of the Comprehensive Plan. The drafters of the plan at that time felt it was important to do something to stablilize the land uses until such time as the redevelopment plan could be pro- posed, prepared and adopted. - 2 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 Following that, the Council passed redevelopment legislation which empowered the CRA to prepare a redevelopment plan for the downtown. Subsequently, the City Council passed an Ordinance which placed the downtown area under a redevelop- ment moratorium. The redevelopment plan was prepared under the auspices of the CRA and forwarded to the City Council. The City Council directed this Board to address thee statutory requirements and conduct a Comprehensive Plan consistency review on the plan. The Board did so and suggested certain changes to bring the redevelopment plan into conformance with the Comprehensive Plan and recommended a finding of consistency of the redevelopment plan with the Comprehensive Plan. Following that, the City Council did adopt the redevelopment plan which became the document for redevelopment of the downtown area. One strategy provided for in the redevelopment plan was to create Central Business District land use regulations. The CRA was then charged by the Council with the responsibility of having those documents prepared, and the CRA extended the contract of Urban Design Studio. Urban-Design Studio pre- pared.the documents, which were forwarded to the Council and then to the Planning and Zoning Board for a consistency re- view of the Comprehensive Plan. The Planning and Zoning Board asked the Technical Review Board to make comments on the docUments, and copies of the documents were forwarded to the Community Appearance Board. The City Council also conducted workshop meetings on the documents. All of that input was coordinated and put into the document the Board had before it tonight. Mr. Annunziato said the Board was conducting a public hear- ing for the rezoning of land to bring a zoning category which exists in the books but was never implemented to be placed on the land and to make consistency review findings for land development regulations which would be imposed over the area that would be rezoned Central Business District. The actions of rezoning were properly advertised, as evidenced by the people present. Presentation by Hank Skokowski, President, Urban Design Studio, Consultant for the Community Redevelopment Agenc~ Mr. Skokowski has been working with the CRA for close to two years in the preparation of a redevelopment plan and in the drafting of an Ordinance for the requlation of development within the Central Business District, which is the core area of the CRA's jurisdiction. Mr. Skokowski said the develop- - 3 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 ment design guidelines, together with review procedures for development, are guidelines in nature of the character of that area to be adopted by the City and are not regulations. Oftentimes, Mr. Skokowski said Urban Design Studio was here twice during a month to go over various aspects of this. The work has been very well covered by the press. Mr. Skokowski wished to go over some of the features of the Ordinance as well as the new procedures they were recommend- ing for adoption. Mr. Skokowski said the CBD Ordinance woul'd rezone property now in two or three other zoning districts to CBD. It provides for a list of permitted and conditional uses and also spells out prohibited uses. Many advantages and incentives for development in the downtown area are featured in this. Not all of the changes represent new opportunities. There are also some new constraints. In some cases, some of the uses permitted today in the down- town area will no longer be permitted. Mr. Skokowski said this does not mean that those uses existing today will not be permitted to continue to operate as they exist. There are grandfather provisions in any zoning changes of this sort. This zoning district will not encourage or permit the development of certain mill uses in the downtown area. Mr. Skokowski said many uses that are being prohibited are auto- mobile oriented uses which, in their opinion, conflict with the pedestrian oriented goals of the downtown corridor area. He informed everyone they would see certain uses like service stations and car washes as prohibited uses here. Mr. Skokowski said .there is a long list of permitted uses, which includes eating and drinking establishments, hotels, motels, offices, financial institutions, public buildings, retail uses of all sorts, and personal services. In some cases, transportation uses are permitted and in some cases are special exceptions. Some cases are special exceptions depending on where they are specifically proposing to be located, what the exact magnitude of the use is, and how intense it is proposed to be. It is intended to be reviewed on a case by case basis, and that judgment will be made at the time. There is also a list of prohibited uses. That list approached the listing that is consistent with the way the Zoning Ordinance is structured here in Boynton Beach. Mr. Skokowski advised that there is also a whole new set of building and site regulations. Many of these represent new - 4 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 opportunities for development. There is substantial relief in setback regulations. There are reduced front setback regulations, reduced side and rear yard regulations, and a recognition that there ought to be expanded sidewalk areas and new development should allow for that in certain areas consistent with the redevelopment plan. Beyond the ground plane, Mr. Skokowski said buildings can build out to the property line. They allow and encourage canopies to be constructed, and they are addressed in the design guidelines and are reviewed on a case by case basis. Recognizing that this is the downtown core area, Mr. Skokowski stated that they have substantially increased the permitted lot coverage in the downtown area. Currently, lot coverage in the various districts that exist is consistent with other districts in the city and allows for a maximum lot coverage of 40%. This Code allows for a maximum 75% lot coverage and up to 85% where you have parking garage type struct.ures. There is no change in the height restriction, and it is a maximum of 45 feet high. In the area of parking relief, Mr. Skokowski said they recommend, and the Ordinance provides for, an across the board reduction by 35% in downtown parking spaces required for new development. They further recommended that shared parking, where you have two or more adjacent property owners, plan in a way that allows for cross parking agree- ments to exist and that parking to be shared by two or more facilities. Mr. Skokowski said there may be a reduction of 10% of the required parking. Through ownership or lease arrangements, Mr. Skokowski said required parking can be provided as far as 800 feet away, and he explained. In the area of landscaping, Mr. Skokowski said they have allowed for some relief, even though the requirements in most cases are probably a little stiffer than what is on the books today. They would like to see more shade trees in the parking areas. Mr. Skokowski stated that they are not encouraging parking to be located on the street in the down- town area but would like for it to be, at worst, on the sides of buildings and, at best, behind buildings (preferably in common or shared areas). Mr. Skokowski continued that they also provide some relief, as they do not require hedges to be maintained 4 to 6 feet but have recommended 2~ to 3~ feet. This has been carefully thought through. Mr. Skokowski said they want to screen - 5 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 asphalt areas and vehicles but are concerned about security in the downtown area. They do not want to create parking areas so substantially screened that they become dangerous in the downtown core and want people to be able to see in and out of the areas as they drive up and down the streets. If you have a common or side landscape requirement, there may be some relief if landscaping was already provided by the abutting property owner. Mr. Skokowski stated that they require extra tree planting in the interior parking areas but allow some relief of the total landscape area. There is a formula that works and makes sense. One of the more important aspects is the formation of a Downtown Review Board. Mr. Skokowski said the concept that has been developed is that the Downtown Review Board, which will be solely responsible for reviewing development in the Central Business District, would be formed. Mr. Skokowski said one of the purposes of guidelines is to give private industry some indication in advance of what the City would like them to do in the downtown area. By letting them know in advance that following a certain set of guide- lines and being in conformance with the guidelines creates a better environment for everybody, Mr. Skokowski explained that the probablity of them coming into the City, securing development approval, and going ahead would be fairly high. At the same time, it will set the stage for consistency in the downtown core. Urban Design Studio recommended that the Downtown Review Board be established and be responsible for reviewing and commenting on development in the downtown area. It would serve the function of the Community Appearance Board and also allow developers to go from the Downtown Review Board to the Redevelopment Agency for review and approval of projects that are less than $100,000 and on to the City Council for projects over $100,000. It would, in effect, by-pass the Planning and Zoning Board. Mr. Skokowski said the important thing to understand is the Downtown Review Board has the opportunity to review, approve, and recommend for approval and adoption a very carefully and extensively drafted set of regulations for development in the CBD district. He did not believe they would be talking about rezoning cases in the downtown area but would simply be talking about reviewing projects proposed consistent with the regulations. - 6 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 Mr. Skokowski suggested that the Members of the Planning and Zoning Board review and comment on the design guidelines and pass them on to the City Council for their adoption by Resolution. It will not have a force of law but will be a guideline. With the Board's review and approval of the consistency of the redevelopment plan that they had already done, the zoning district to regulate development in the downtown area, and with their review and comment on the specific design guidelines that should be followed for development in the CBD, Urban Design Studio thought that was adequate assurance it should be more than an adequate review procedUre when a develOper must go through a Downtown Review Board charged with implementing these regulations as well as guidelines, the Community Redevelopment Agency, and the City Council in cases in excess of $100,000. Mr. Skokowski hoped the Board Members would agree with Urban Design Studio that they can assign that responsibility to those other entities under these circumstances. It is a significant change, but Mr. Skokowski thought it also suggested to private development interests in the downtown area that the City is not building an additional layer of government review, approval and regulations in this process but are setting up very specifically clearer standards and guidelines and a clear procedure for getting development approved in the downtown area. If anything, it becomes more attractive for development in the downtown area, which is their ultimate goal, and it is not any more cumbersome than developing in an outlying area. Mr. Skokowski said he would be available for any questions the Members had. With respect to the review process, Mr. Gregory asked what happens and what mechanism they have set in place with regard to a rezoning situation, should that be required. Mr. Annunziato replied that rezonings will still be processed in the manner they are currently processed in. There would be a public hearing before the Planning and Zoning Board, and the Board would make recommendations to the City Council. The City Council would then conduct public hearings to approve or deny applications. Page 6. Under 2. Uses prohibited, Mr. Linkous thought two years ago they had thought about eliminating or deleting "r. Loading or unloading of railroad freight," which is just like a business. He understood that would remain intact as grandfathered. Mr. Annunziato answered that it appears as a prohibited use and would gain grandfathered status. If the activity ever stopped for a period of six months, it - 7 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 would not be permitted to continue. Mr. Annunziato answered affirmatively to Mr. Linkous' question as to whether that was typical of all of the changes being made relative to zoning. The issue of uses made non-conforming would be treated in the same manner as any category where uses are made non-conforming. You go to the Zoning Code, and the Code provides for actions and rights. Mr. Gregory suggested they go through the review process page by page. The Members complained about the pages not being numbered. (At the CRA meeting on February 21, 1985, the pages were numbered in ink by the Members.) Page 13. "A. LANDSCAPED AREAS. Mr. Mauti read, "d., "Shrubs shall be planted 18 inches on center in perimeter strips. .,, He called attention to Page 18, "3. Shrubs, a. Shrubs shall be . planted 24 inches on center," and thought something in ~h~t area should be clarified. Mr. Skokowski said the intent was that the 18 inches on center applies, and he assured Mr. Mauti 18 inches is in the specifications. Page 18, 3. Shrubs, b. Mr. Schultz recalled they had quite a session 1-1/2 years ago about putting Australian Pines on the Florida East Coast Railroad property, and they cut them down. Mr. Schultz understood that the FEC did not want anything and thought this should be cleared with the FEC. Mr. Skokowski responded that all of these materials are hedgelike materials and are planted on private property abutting the railroad right-of-way. In the redevelopment plan, Mr. Skokowski said there is a specific reference in a designated area to an FEC Buffer area. Private property owners along the buffer will be required to plant this material on their property as a per- manent landscape strip. Mr. Skokowski did not think the problems Mr. Schultz was concerned with would occur with this material. Page 1, Section 1, Definition of terms. HOTEL APARTMENT. Mr. Gregory called attention to the 5th line, where it says one-third (1/3) of the total units will be devoted to apart- ment suites. Mr. Annunziato said they felt several defini- tions had to be added to the Zoning Code or corrected in order to substantiate some of the activities and actions proposed in the Code. He did not think there was any magic in the 1/3 number. There was an effort there to bring both hotel apartments and motel apartments into line with each other. - 8 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 Mr. Gregory wondered about the economic factors with regard to an apparent restriction of a 1/3 unit development and asked if it was wise or recommended at this point. Mr. Annunziato replied that it would depend on what is being proposed as a use. If someone is proposing to have an apartment hotel or apartment motel, it is suggested that at least 1/3 be apartments as opposed to rooms. Hotels and motels are also permitted without the requirement by having 1/3 of those units assigned as being larger in size. Mr. Annunziato believed it was just additional information. Chairman Ryder advised that the intent is to preclude the entire building from being taken over by transient guests. Mr. Annunziato did not think it would cause a problem economically. Page 17, B. PLANTING SPECIFICATIONS Mr. Mauti commented that it might be a little expensive just to landscape the property in question. He thought it would be a problem in the downtown area if you have a non-conform- ing use because they are not compelled to select a shrub. You might have a bunch of trees and then just bare ground. Mr. Mauti was for beautification of the City but if he had to beautify it to the extent where it would exceed the cost of the building, he thought it was going too far. He speci- fically referred to "1, Shade Trees, a." where shade trees have to be 12 feet high with a 7 foot spread. If you go further, Mr. Mauti said it says how many feet on center the shade trees should be planted. Mr. Mauti thought some~of the people who will put up the buildings should be considered and they should have some kind of leeway where it will not get out of proportion as far as expenses are concerned. Chairman Ryder said they will not be able to resolve all of the questions tonight but Mr. Skokowski knows about them, and the Board can get feed- back on them later on. Page 6, 3. Building and site regulations, Minimum waterfront yard. Mr. Gregory asked if that precludes a boardwalk over waterways. Mr. Skokowski replied that the intent is for it to be a building setback. An extended pier, boardwalk, or something like that would need a building setback. Mr. Annunziato advised that this would not preclude the installation of that grade of walks. Page 8, 4. Off-street parking and loading space. Mr. Gregory asked if that includes a service load for the load- MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 ing and service of the different buildings. Mr. Annunziato answered that this refers back to the Parking Lot Code in the Zoning Regulations. A loading space for a truck is 12 feet wide, 35 feet long, and 14 feet high and is accessible from access aisles. It does not inhibit the servicing of other parking areas, so it would be a typical loading and unloading space as it currently is in the Zoning Code. Page 10, ARTICLE X. PARKING LOTS, Sec. 5-144. Variances to this article. Mr. Gregory asked Mr. Annunziato to explain the variances authorized. In reviewing the proposed proced- ures for approval of plans, it became obvious that they had to do something to the Parking Lot Regulations to treat issues for parking lot variances since the Planning and Zoning Board in total would not be looking at the site plan. Mr. Annunziato said they thought that procedure should be directed to the Downtown Review Board and that they would be conducting public hearings and may be taking actions with respect to variances to parking lot regulations. All other aspects of the parking lot regulations would remain in effect. For example, a recommendation from the Technical Review Board would have to be made a part of the public record. In other words, Chairman Ryder said the Downtown Review Board would still have to comply with the City's Parking Regulations. Downtown Review Board As it is now, Mr. Gregory said the Planning and Zoning Board would, in effect, be twice removed from its original authority by (a) creating the CRA and the Downtown Review Board. That is negating the authority of the Planning and Zoning Board, and he wondered if that was the intent and desire of this Board. Chairman Ryder pointed out that it is true only for the downtown area. The Planning and Zoning Board is by, passed by the Downtown Review Board, but they will be represented on the Downtown Review Board. Chairman Ryder said they went over that before at workshop sessions. The procedure would become so lengthy and tedious, you would never get through. Chairman Ryder explained that anything that comes within the downtown area will be taken out of the purview of the Planning and Zoning Board. With respect to the infrastructure, Mr. Gregory asked if it could be considered to have some of those individuals the -10 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 Planning and Zoning Board feels are necessary to create that particular type of Board sit with the P&Z Board for those reviews an lieu of taking a Member from the P&Z Board and placing him on another Board. Mr. Skokowski advised that the appointments for the Downtown Review Board are two from this Board, two from the Community Appearance Board, and four appointments by the Community Redevelopment Agency itself. Chairman Ryder reiterated that this is limited to the extent of construction within the downtown area. Mr. Mauti asked if there could be some conflict between this Board on a variance basis, as there may be conflict between what this Board approves and what the Downtown Review Board may approve. Chairman Ryder explained that it will be going to the Technical Review Board, and two people from the Planning and Zoning Board will be on the Downtown Review Board. Mr. Mauti called attention to the fact that there would only be two Members from the P&Z Board and not seven. He was bringing out the fact that the City Council adopted an Ordinance where the Planning and Zoning BOard has the right to approve or disapprove a variance and there may be a conflict having two different Boards voting on variances. Mr. Annunziato said one of the recommendations that was adopted in connection with'the adoption of the downtown redevelopment plan was the creation of the Downtown Review Board and it went further into what that Board can and can- not do without Council's review and approval. If you are going to have a separate agency operating over the redevelop- ment area, Mr. Annunziato said it is not practical to have a third party involved in the approval of plans. Mr. Mauti was not bringing out the approval of plans but the approval of variances. Mr. Annunziato clarified that they were not talking about variances to the numbers of parking spaces but were talking about the technical aspects of the parking lot construction. They would still receive the recommendation from the Techni- cal Review Board and there would still be the requirement for the conducting of the public hearing. The difference would be that instead of the P&Z Board acting as the variance granting agency, it would be the Downtown Review Board. They would be the ones acting not only on the variance but on the plan which would be approved. There would be a greater conflict if the P&Z Board was acting on the variance and another Board was acting on the approval of the plan. - 11 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 Mr. Mauti thought the P&Z Board had quite a few variances on parking lots in the last three or four months. In some cases, the Board approved the variance and in some cases they denied the variance, and there could be a conflict somewhere down the line. Mr. Gregory thought the paramount question the Board Members had to ask themselves was whether they wanted to relinquish the authority of the variances to another body. Chairman Ryder did not see where that was a big problem. The Board has had a number of variances, possibly because they have been dealing with existing buildings that are non- conforming that have to come in for variances. Here, when they have new construction, possibly, they will not have that. Chairman Ryder repeated that this was discussed at workshop sessions, and he did not think it was in the interest of the City to go the way the Members were talking right now. Mr. Gregory was apprehensive about it. Chairman Ryder thought the Board should first act on the rezoning and then what relates to the Ordinance. They can make recommendations to the Council. Chairman Ryder asked how many Members wanted to take exception to what they have now in handling a variance and asked for a show of hands. Mr. Wandelt asked if Chairman Ryder was asking how many have objections to appointing a Downtown Review Board. Chairman Ryder said it was on bypassing the entire Planning and Zoning Board for a variance. Mr. Gregory and Mr. Mauti objected to it. The other Members agreed with Mr. Linkous that if someone else would take the load from this Board, it "would tickle them to death." Comments by Hank Thompson, Chairman of the Community Redevelopment Agency Mr. Thompson heard something he wanted to correct if he heard it properly. In the chain of obtaining a permit, he thought Mr. Skokowski indicated that there was a threshold of $100,000 between passing on from the CRA to the Council, which is not so. Everything goes on to the Council, and Mr. Thompson thought it was just an oversight. A permit is reviewed by the Technical Review Board, Downtown Review Board, the CRA, and finally passed on to the Council in every instance. Mr. Annunziato said that following the Council's Workshop, it appeared that projects not involved in establishing a - 12 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 principal and projects that did not have a value in excess of $100,000 would terminate at the Community Redevelopment Agency level. Those projects involving principal uses or exceeding $100,000 in value or requiring conditional uses would go to the Council. Chairman Ryder stated that the Board does not get anything under $100,000 anyway. Mr. Linkous asked whether the bridge going in or not going in would negate the Ordinance the Members had. Mr. Thompson supposed some people would feel there was a relationship between the bridge and this Ordinance, but he said there is none. The Ordinance will govern the Central Business District regardless. Mr. Thompson was very happy with what was produced and thought the Ordinance was coming to the Board now after a hearing with the Council. He knew the Board could iron out whatever problems there would be. Comments by the Chamber of Commerce Frank Stockton, Member of the Board of Directors of the Chamber, said the Chamber has been very active in the draft- ing of the Ordinance and interested in following it. The Membership is vitally interested in anything that affects the business committee and business development of the City, and the development of the downtown is something they hope will bring a lot of activity and vitality to the downtown section. The study of the Ordinance was delegated to the Downtown Development and the Beautification Committees of the Chamber. While they support the Ordinance, these two Committees have some reservations about some of the pro- visions, which he wanted to get into the record. Mr. Stockton referred to the following Sections of the Ordinance: Pages 1 and 2., Section 6. "Commercial district regulations and use provisions, E. CBD CENTRAL BUSINESS DISTRICT. 1. Permitted and conditional uses. EATING AND DRINKING, a. Restaurants, excluding drive-in and drive-through facili- ties.'' Mr. Stockton said there were certain restrictions the Chamber would ask the Board to revise and possibly change. He was talking about confectionaries, bakeries, ice cream parlors, restaurants, and delicatessens. Page 5, Section 6. 2. Uses prohibited: Mr. Stockton said there are certain prohibitions such as "j. Automobile parts - 13- MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 ""k Wholesale establishments or distribution, and stores, . ,, that sort of thing which should be given consideration if they are going to revitalize and activate the downtown sec- tion. These are the types of businesses and operations people come into the downtown section to utilize. Another thing Mr. Stockton said the Chamber is concerned with is the limitation on services that can be provided by the Sea Mist Marina. As everyone knows, that is a very active area in the downtown section. The Chamber thinks possibly Page 2, Section 6, E, 1, ENTERTAINMENT AND RECREATION, e. "Marinas, limited to the following uses · places some limitations on the operations of the Sea ~ist Marina and should be examined very closely. Page 8, Section 6. 4. "Off-street parking and loading space, b. Parking space calculations.,, The Chamber is concerned about parking spaces and does not believe this is narrowed down with a definitive explanation. There might be some question to interpret exactly what the limitations are, and the Chamber thinks this should be studied. Page 20, ARTICLE IV. DOWNTOWN REVIEW BOARD. Mr. Stockton said the Chamber is concerned with the composition of the Board and wants some of the Members of the Review Board to be property owners in the downtown section. He was certain that some of the persons designated to be appointed will probably be landowners of the downtown section but thought something should be stated that this would be a requirement. Chairman Ryder informed Mr. Stockton that the emphasis is on professional people, such as engineers and architects, which does not necessarily coincide with the property owner. Mr. Stockton stated that the Chamber feels there should be some representation of the property owners. Page 20, Sec. 19-51, C, deals with the same matter concern- ing representation of downtown property owners. Page 11, ARTICLE III, CENTRAL BUSINESS DISTRICT LANDSCAPE CODE. The Chamber thinks there should be some incorporation of the South Florida Model Landscape Code in "Sec. 7A-52. DEFINITIONS,,, and some reference should be made to the exist- ing trees covered by the City's Tree Ordinance 81-21 and as stated in the Model Code, Section 5E, on pages 19-21. Page 12, Sec. 7A-56. MAINTENANCE AND IRRIGATION. Mr. Stockton realized there was a constitutional problem here - 14 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 about maintenance because they were dealing with private land ownerships, and it is hard to say any governmental agency can force a private landowner to maintain their land. The Chamber feels further discussion is needed as to how this is to be enforced, who will enforce it, and what will be done to see that this landscaping is preserved. In other words, this should be given some attention. Pages 12 and 13, "Sec. 7A-57. CBD LANDSCAPE REQUIREMENTS, A. LANDSCAPED AREAS, 1. Perimeter Strip Landscaping, g., the Chamber thinks the word, "may" should be replaced by the word, "shall". Page 17. PLANTING SPECIFICATIONS. Again, Mr. Stockton said the Model Code on Installation should be added. Page 17, B, 1, "Shade Trees". The Chamber thinks this should be revised because of the limitations set forth in the way the trees are to be trimmed, and Mr. Stockton explained. Pages 17 and 18, "2. Small Trees" and 3. Shrubs, b." The Chamber thinks additional native shrubbery should be added. Pa~e 18, "4. Vines." There should be some study of this. Page 18. "7. Additional Plantings." questions here. The Chamber has some Page 18, "8. Prohibited Species." addition here. There needs to be an Page 18, "10. Mulch." Mr. Stockton said, "additional ground covers" should be added. Chairman Ryder told Mr. Stockton the Board should have written copies of the changes suggested by the Chamber. Chairman Ryder attended some of the meetings of the CRA and said particular emphasis and thought were placed on the Marina. Chairman Ryder said there will not be much shore line area in the Marina, and there was a question of trying to be discerning and not getting a lot of "stuff" that should not be there and which does not belong. With regard to the automobile parts or something like that elsewhere in the area, Chairman Ryder stated that the City does not want another Railroad Avenue in the new downtown - 15 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 area. Mr. Stockton said the Chamber has followed and been very attentive to this basically, because of concerns expressed by the business people !and some of the people already in the downtown area. Chairman Ryder read a letter from Jane and Michael Miler, 689 N. E. 6th Court, Apt. 410, Boynton, stating they agree with all Boynton City rezonings. Harvey Oyer, 511 East Ocean Avenue, stated that in reviewing the draft, he did not see anything about the grandfather clause and hopes before any final action is taken by the City, the business people and property owners in the down- town area will be furnished a copy of the draft of the Ordinance because when you look at this, you can panic. Chairman Ryder asked Attorney Haygood if anything special had to be put in the Ordinance. Attorney Haygood advised that this only amends certain parts of the Zoning Code. The current grandfather clause in the City of Boynton Beach Zoning Code would apply to all that are grandfathered, so it would not be necessary to have a provision in this Ordinance. Mr. Annunziato added that this zoning category would be no different than any other zoning category in the City and would still be treated like the non-conforming sections in the Zoning Code. Page 6, "3. Building and site regulations2" Mr. Oyer read, "No building, structure, land or water shall be erected, altered, enlarged or used unless in conformance . . ." and said they placed a minimum lot frontage of 75 feet, a mini- mum lot depth of 100 feet, and a minimum lot area of 15,000 square feet. Much of the area was platted in 50x120 foot lots, and it seemed to Mr. Oyer that a burden was being put on the individual property owners in that they would need three or more lots to be in conformance with the law. Some year ago, Mr. Oyer hoped they could come up with an Ordinance that would permit the property owners and business people to have viable buildings and businesses within the conformity of what the legal structure is on lot sizes. He gave the history of the three buildings he owns, which are setting on three lots that were platted 80 years ago, and thought he complied personally with the 15,000 square feet. When looking across the street at the Masonic Lodge, Mr. Oyer thought they would be non-conforming. He asked if that - 16 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 meant the Masonic Lodge could not alter their building, change the usage, or dispose of it. Mr. Oyer referred to Bob Beane having one of the oldest buildings in town, dressing it up, and making it a credit to the community. However, Mr. Beane does not have that amount of square footage. Mr. Oyer thought there were some problems which needed to be clarified. He stated he would hate to think the City was going to go on the basis that bigger is always better and that the small individual can- not operate a business or develop a property in this community. Mr. Oyer recalled that Hank Thompson was on a White House Conference Committee in Washington where it came out that new jobs created in this country that brought us out of recession were primarily from small businesses. He wanted to see that the businesses and property owners could feel confident that they can make use of their property to the best ability possible. In talking to other business people in this community, Mr. Oyer knows there has been a real fear in some of them as to the governmental rules and regulations, whether they can sell their businesses, change from a private individual ownership operation to a corporate ownership if they are non-conforming, and whether they will be limited. He hoped this would be clarified. Ability to Rent Parking Space Mr. Oyer thought they needed greater than 800 feet, which is less than two City blocks. Unless it is strictly geared for the large developer to come in and acquire a large tract of land, he said the City will have to have municipal parking. Until the City acquires the lots, if an individual has to do it, they may have to go more than 800 feet. If they are going to have high pedestrian traffic, Mr. Oyer thought they should give that consideration. Canopies and Awnings Mr. Oyer was glad to see this and thought the community would be more attractive if there were more of them. He mentioned hurricanes and said if they are concerned with maintenance and aesthetics, a more permanent type of struc- ture over the sidewalks might be better. As a property owner, if Mr. Oyer requested a permit to put a permanent - 17 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 structure over the sidewalk that met the height and set- backs, he could see that he might be required to say that if the City widens the road, he will be responsible for taking down the structure at his expense. Mr. Oyer thought the public would be better served and the merchants would be able to have a more viable business if there was some way to dress up the downtown section with permanent type overhangs that would be safer and cheaper to maintain in the long run. Setbacks Mr. Oyer wants the Community Redevelopment Agency to come in with some setbacks that would allow for future widening of some of the roads in the downtown area, as he does not think the roads are adequate and that they can throw the burden strictly on a potential, future developer. Mixed Use of Property Mr. Oyer wondered if the Ordinance covered this because it was not referred to in the draft he had, and there was no excerpt from any other Ordinance. He asked if the proposed Ordinance would allow a person to build a four story build- ing and have a mixed use of commercial use on the lower floor, office occupancies on the second, and residential on the 3rd and 4th. Mr. Annunziato informed Mr. Oyer that the proposed Ordinance says that. Size of Lots Mr. Oyer hoped there would be some relief given on the size of the lots. Downtown Review Board Mr. Oyer agreed with Mr. Stockton that property and business owners in the downtown area should be represented, but he thought it would be hard to have a Board that had three out of five that were architects, landscapers, or planners. Mr. Oyer thought it was weighting it too much in the way of a group not that heavily represented numberwise in the com- munity, and it should be broader based. Bill Wagter, part-owner of the Sea Mist Marina, 743 N. E. 1st Avenue, Boynton Beach, bought the marina in 1983. They - 18 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 have used the moratorium time to develop plans for quite an extensive improvement and modification of the existing marina facilities. Mr. Wagter was disappointed to read the list of prohibited uses for the marina includes dry boat storage, boat sales, and boat repair facilities, because they are fundamental facilities they wanted to run a financially sound marina. Without being able to expand on these particular facilities, Mr. Wagter said it will be extremely difficult, if not impossible, to carry out the plans for modification. Normally, a marina is mainly allowed to be used for wet slips and the sale of fuel, oil, tackle and bait, but dry storage is a fundamental requirement as well as boat repairs and boat sales. If those things are prohibited, Mr. Wagter said the develop- ment of their plans will come to a .stop. If they are allowed to carry out their plans and include the dry boat storage, boat repairs and boat sales, in a number of years the capacity of the marina may be increased twice. Mr. Wagter understands there is an idea of building a hotel or other facility on this property. Until the bridge is built (he guessed in two or three years), Mr. Wagter did not foresee anything happening at all and said they would still be sitting back waiting for things to happen. They want to do some work and develop. Mr. Wagter asked if it was possible for this specific point to be reconsidered. He believed the amount in the area was more than sufficient for them to meet the increased capacity of the marina if they are allowed to develop it. Mr. Annunziato recalled that he asked the Board Members to determine what they thought the definition and uses of a marina should be, and the following language was reflected back by the Board: "Mooring and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters, provided that such craft connects to public sewer facilities; operation of drift and charter boats, fishing and site seeing boats; bait and tackle shops." In addition, Mr. Annunziato said other uses may be allotted marinas in accordance with a list of permitted and conditional uses for the CBD, so you could have all of the other uses which are permitted in the Central Business District. Among the uses which were excluded were dry storage of boats, boat dealers, service, repair and installation, - 19 - MINUTES - SPECIAL MEETING PkANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 building, rebuilding and customizing of boats, engines and related equipment. Mr. Annunziato believed that was the position the Board took. Mr. Linkous (thinking of the grandfather clause) asked if Mr. Wagter does any of the things now that are prohibited. In other words, do they do repairs there now. Mr. Wagter replied that they do not at the moment because they are working on plans to redevelop the whole thing. They, of course, have some dry storage and boat sales and need to expand those facilities to make it possible to go apart from just repairs to increase and develop new boat docks and new repair facilities. Without being allowed to increase the dry storage facilities, boat sales, etc., Mr. Wagter said it would not be possible to run the marina as a financial, viable operation. Mr. Derrick Vanderberg, Mr. Wagter's Architect, said part of the reason there currently is not more repair work has to do with the quality of the building. They have repair facilities on the site. The only reason they do not do more is because of the work he is doing. Mr. Vanderberg said they will have to raze that building and replace it with a newer building. Mr. Mauti thought that would come under non-conforming use under this Code at the present time. Mr. Annunziato explained that the plans Mr. Wagter has are to raze the building and relocate it. That would not be permitted as a non-conforming use. Mr. Annunziato confirmed Mr. Mauti's comment that Mr. Wagter cannot expand or relo- cate the use on the same site. Mr. Vanderberg remarked that the building is deteriorating, and there would be no incen- tive for rebuilding. Mr. Annunziato informed the Members that there are no variances for non-conforming uses. Either a use is conform- ing or non-conforming. Relief would constitute changing the list of uses and redefining what a marina is. Chairman Ryder said whatever is brought out at this hearing will be taken under advisement even if it means meeting with the Consultant, the CRA, and City staff to see what they can come up with. Mr. Linkous pointed out that this is the only marina in the City. Mr. Stephen B. Weiss, 907 North Federal Highway, told the Members he has the property located in the 900 block of North Federal. He asked the Members of the Board how many people own property in the downtown area and commented that - 20- MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 no one on the Board does. Mr. Weiss thought what would be appropriate would be to get a Board of people that own this property and asked the Members what they thought of that. Mr. Mauti replied that the Members conduct their duties for the betterment of the City and the people. Any time there is a public hearing, all of the people involved are notified and have the right to be heard. Mr. Weiss asked if any of the Board Members own property in the downtown area. Mr. Schultz said Mr. Weiss owns property in the 900 block and, therefore, was not involved in this. He asked Mr. Weiss if he owned property in the downtown area. Mr. Weiss replied that he has associates who do. Joe Pontes, 506 Ni W. 8th Court, owns two buildings on Federal Highway, across the street from the Landmark, (formerly Pete's Attic). He wanted to tell the Board what people who do not own property on the Federal Highway are doing to people like him. Mr. Pontes has been trying to sell the buildings for a year. Two people have gone to the City to find out what they can do with the buildings. They started with the Engineer, who said, "You don't want to buy those buildings. Even if it goes before the Planning Board, they are going to turn it down in the first place." In the meantime, Mr. Pontes said he cannot rent the buildings, and it is costing him money. Mr. Pontes even had one man who came to buy the buildings say Boynton Beach is anti-Semitic. He accused Mr. Annunziato of laughing because he (Mr. Annunziato) was the one that started it. Mr. Pontes said Mr. Annunziato told him on the telephone, "If you do not like what I am doing, go sue me." Mr. Pontes had another man ask, "What is more important? The plans or the people of Boynton?" and Mr. Annunziato told him, "Why, the plans, of course." Mr. Annunziato told Mr. Pontes he knows of no staff member that is anti-Semitic. Mr. Pontes clarified that the gentleman that was going to buy his property was so upset that when he went to see Mr. Pontes he said most people do not want him in the City because they make him feel like he is anti- Semitic. In the meantime, Mr. Pontes asked what he should do with his property. He put his life in this City and everything he has into those buildings. Mr. Pontes accused the Board Members of sitting there and thinking of him as a joke. - 21 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 Mr. Lucien A. Samyn, 157 S. W. 25th Avenue, one of the owners of Lots 1, 2 and 3, Block 6, and 3, 4, and 5, Block 3, Roberts Addition, showed the location of the property on the overlay and said it has been outmoded for 25 years. They face the backend of the stores fronting on U. S. 1, and Mr. Samyn stated that they cannot see where their properties would be compatible with the Central Business District. He said they have to figure what they can put in there that will even comply. Mr. Samyn said they discussed this with Hank Thompson, Chairman of the CRA, and Mr. Thompson concurred with them that they should remain the way they are. Mr. Samyn informed Chairman Ryder that their operation is mostly automotive. Hank Thompson, Chairman of the CRA, said when they began their studies of the Central Business District (CBD), they discussed this particular property again and again. From an Agency point of view, they recognized the problems that exist because of the property's proximity to the railroad and the site across the railroad to the industrial area. Heretofore, Mr. Thompson said they have included the boundary line down along the railroad track. His thought was that if it is within the CBD, it will be non-conforming, and, quite likely, very little will be done to improve it. On "the other side of the coin," Mr. Thompson said if it is excluded from the CBD and remains C-4, the principal hope of the Agency would be that someone would purchase the land fronting on Highway 1 and plat their property into one piece. In that case, if it were accomplished, it would leave them with the old lot coverage and parking requirements. Mr. Thompson pointed this out to the Board to indicate that the Agency would not be disappointed or upset if that area were excluded from the CBD. Chairman Ryder asked if there would not be other similar instances of that kind. Mr. Thompson answered that there might be, but this is a particularly narrow strip which gave him the incentive to say what he did. He was not suggesting that the Board take any action one way or the other but that they give it some thought. Mr. Mauti asked if any of the land is vacant. Mr. Samyn replied affirmatively. If it is under the non-conforming use, Mr. Mauti ascertained they would be restricted from enlarging or expanding. Mr. Thompson agreed and said he mentioned it not necessarily in support of what Mr. Samyn - 22 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 said but in support of a situation he thought should be con- sidered. Mr. Linkous and Mr. Mauti agreed the Marina also should be given some consideration. Mr. Gregory referred to Mr. Pontes and said it seemed to him that what the Board was doing seemed to be counterproductive and was not addressing itself to the needs and investments of the people. He felt they were moving in the wrong direction in some of these areas. Chairman Ryder stated that it will not be easy. Mr. Gregory argued that it will not be easy if you want a nice marina, and a man cannot turn it into an economic good. He again referred to Mr. Pontes and said he has properties and cannot turn them over even under the most stringent conditions. It will not help the redevelopment of the downtown. As far as the Marina is concerned, Mr. Thompson felt there are always problems that exist with making the numbers work financially. The problem with the marina is the dry storage and appearance of dry storage in the downtown area. He told of two dry storage places, 5 stories high, in Miami that did not add to the aesthetics of the area. Mr. Thompson under- stood that the Sea Mist people would like to bind themselves to use dry storage until the bridge is completed with the right or insistence that it be taken down at that time. When the CRA met, Mr. Mauti asked if they took into consider- ation that there is only one marina in Boynton Beach. When they first met, Mr. Thompson said there was only one marina. Now there are two with two different owners in the same location. The people involved here have an "L" shaped piece of property, which is contiguous. Mr. Mauti asked Mr. Thompson, who is a realtor, if he would contend that a piece of property under the non-conforming use is a saleable item. Mr. Mauti did not think Mr. Thompson could sell it to anyone, and said that was what the Board was up against right now. If most of these things are put under non-conforming uses, people will feel a lot of hardship. Mr. Mauti thought they should give this some strong thought. Mr. Thompson thought the Board should con- sider the overall plan and the objective they want to accomplish. He added that they are really talking about a 6 or 8 block area in the CBD. That is a concentrated area, and some hard decisions have to be made. If a plan is to hold, Mr. Thompson thought they had to stick with it. - 23 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 Mr. Mauti stated that he was on the Board for a long time and was opposed to spot zoning and to taking the value of people's property away. Mr. Schultz did not think any of the people in the audience had a chance for input into the Ordinance before. He asked if this was the first public hearing. For the record, Mr. Skokowski interjected that the public was always invited to the meetings of the Community Redevelopment Agency. There were some people present that the Agency talked considerably to about the Ordinance. Mr. Skokowski said 95% of the issues addressed by the Chamber of Commerce were in the hands of the City as a work product produced last September (6 months ago). Mr. Skokowski thought Urban Design started working on it during the month of July and worked on it in July and August. During those months, the Agency had two and three meetings a month for public input. They did take a lot of input and incorporated it to the best of their abi- lities into the Ordinance. Robert Beane, 502 East Ocean Avenue, Boynton Beach, owns a few pieces of property in the downtown area. He and Mr. Samyn are partners on the property Mr. Beane talked about, and that was the only property Mr. Beane was concerned about. He owns a lot of property in the other section but was not worried about it because he thinks it will survive. Mr. Beane referred to the property Mr. Samyn discussed and said he did not think anyone would want an office next to the railroad tracks. It looks across to Industrial Avenue and across the tracks and will remain that way. When "this master plan" was adopted, Mr. Beane said this property was dropped down to C-3. He went before the Council, and the Council changed it to C-4. Mr. Beane was told this particular piece of property was going to be left out, and he did not know until tonight that it was going to be left in. Mr. Beane did not think this piece of property needed to be left in the downtown area and said he had no objection to the other pieces of property he owns in the downtown area. He owns "quite a bit of property" in the downtown area, but Mr. Beane emphasized that this one particular Piece has no business being in there. Mr. Skokowski said they did recognize the kind of individual circumstances being discussed tonight. However, the reality of downtown development in many cases is downtown redevelop- ment. Mr. Skokowski advised that is not often done on a lot by lot, individual basis. Land assemblies are often involved. - 24 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 Mr. Skokowski referred to the sale of an individual piece of property for a use that is non-conforming as a result of this Zoning Code, and pointed out that there are a lot of existing non-conforming uses in the downtown area today. His point was that while the sale of an existing non- conforming use may not be attracting the same kind of user, it may be attractive to someone who is interested in enlarging a piece of property and developing under the regu- lations proposed in the CBD, particularly in the area along the railroad tracks. Mr. Skokowski understood the concerns but said the point of including the property along the railroad tracks was that a very reasonable scenario view is for a property owner or potential property developer to purchase land not only fronting on Federal Highway but land all the way back to the railroad tracks and developing one large master plan project on multiple lots in that area through that land assemblage process. In that instance, the developer would not want that property divided into multiple zoning districts. He would probably prefer it to be already designated for CBD for all of the availability of development that is in the Ordinance. Mr. Skokowski thought all of Mr. Oyer's comments were very good. Mr. Oyer's main concern was about lot size, frontage and inconsistency or non-conformity. Mr. Skokowski believed the vast majority of property in that entire area is zoned C-3. The regulations for the CBD Ordinance are the same in terms of lot frontage and minimum lot size as they exist today for C-3. In any event, Mr. Skokowski said the intent is not to preclude any use opportunities of the old platted, non-conforming lots. There are no constraints relative to the property owners' abilities to develop within the smaller lot. Mr. Skokowski said they can do "pretty much" what is possible in the zoning district. They are simply grand- fathered in. Mr. Skokowski said the principal intent is simply to estab- lish a minimum standard and not allow large lots that do exist today to be further subdivided into smaller lots than these standards would represent. To his knowledge, Mr. Skokowski said it did not restrict anybody who owns a sub- standard lot today from doing everything else the Code would allow them to do. Mr. Mauti remarked, "except build on it, if it doesn't meet the requirements." He said the key word is "value". Mr. Mauti referred to Mr. Pontes putting his life savings into his property. If it comes under the - 25- MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTONBEACH, FLORIDA FEBRUARY 14, 1985 aspect of a non-conforming use, Mr. Mauti reiterated that the key word is "value''. Walter Brown, President of Sea Mist Marina Corporation, said the last word he received pertaining to the Ordinance was that dry storage would be allowed conditionally. Tonight, they found out it is a "no, no." Mr. Brown took exception to Mr. Thompson's statement that dry storage looks like a barn, although he agreed that most of them do and then added that a lot of them do not. It depends on the architectural thought that goes into them. Mr. Brown has been here 1-1/2 years and is here because it is a community town and a town for the people. Every day, he sees the demand for marina services, boat repair, dry storage, and boat sales. If this Ordinances passes, Mr. Brown said the City will be driving these people out of Boynton. These are the people who will be using the pedestrian walks and running over to the gift shops. Mr. Brown emphasized that they do not have to have a big blue barn in Boynton Beach for boat storage. It can be archi- tecturally blended right into the community. As he was in architecture for 17 years, Mr. Brown stated he knows it can be done. They are not looking to build something just so they can make a return. Mr. Brown said Mr. Wagter and he want something the community can be proud of. Mr. Brown thinks redevelopment needs to be done in downtown Boynton. It is an old town with charm, and he did not want them to lose it behind a facade of trees and stucco front buildings. Mr. Mauti asked if Mr. Brown was suggesting that this Board or the Agency should put something in the Ordinance that would permit dry storage under Special Uses. Mr. Brown replied, "Yes, if it is done properly." Under Special Uses, Mr. Mauti advised that it would have to come before a Board to be approved. Mr. Brown thought it should be something that would be aesthetically pleasing to downtown Boynton Beach. He informed Mr. Linkous that they believe they have enough land in which to do that. They have done some development studies that show they can do it, but it has to be economically feasible. They show that they can do it on their projections. Mr. Mauti thought maybe they should throw it out to the Council. - 26 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 A man in the audience who lives on N. E. 6th Court, between 6th and 7th Avenues and between the Federal Highway and the Intracoastal, said there are about 100 condominiums in back of the Holiday House Restaurant. He received a letter and wondered what the condominium residents could expect as to their future in that area. Mr. Annunziato replied that no one could predict for them what the future uses would be. The intent is that they will be consistent with the proposals in the draft. However, the condominium residents are not located within the Central Business District but are in the area of notification. Mr. Annunziato said the man should get a copy of the redevelopment plan, which will give the residents a vision of the area. The man was not against anything, just worried that he would be "kicked out" of his condominium. Mr. Michael Brinkman, 957 Isles Road, has two pieces of property downtown. One is an existing structure which they hope to relocate to a location which is being considered for the rezoning. That is where the problem comes in. Mr. Brinkman said they want to rebuild a restaurant, and the draft of the Ordinance prohibits drive-ins or drive-throughs. He wanted to have that removed or for it to be a conditional use such as a bank or a dry cleaners where they have a pick up window. The Members determined Mr. Brinkman was referring to page 2, EATING AND DRINKING, "a. Restaurants, excluding drive-in and drive-through facilities." Mr. Annunziato explained that Mr. Brinkman was proposin~ that there should not be a prohibition on drive-through or drive-in window restaurants. Mr. Annunziato and Mr. Brinkman discussed this today, and Mr. Annunziato suggested that Mr. Brinkman make a presenta- tion with respect to drive-ins and drive-throughs. There is no question that it is important to Mr. Brinkman's business. Mr. Annunziato thought the question was whether drive-in and drive-through restaurants will facilitate bringing people into the downtown, and those were the kinds of questions the Board had to answer. Mr. Annunziato informed everyone that Mr. Brinkman owns Bud's Chicken on North Federal Highway and is also the owner of property on Boynton Beach Boulevard just east of the FEC Railroad on the north side, which is within the CBD. Mr. Annunziato thought the choices before the Board were clear and asked, "Does this enhance the ability to re- develop the downtown?" Mr. Linkous pointed out that it is - 27 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 on the railroad track. Mr. Annunziato was not sure so much that it was a matter of location and asked whether it was enhancing transient purchasers. Mr. Brinkman said they have been in their present location for 28 years, and it has been 100% take out. In the middle of this one, there is a restaurant with seating and a drive- through. In the other two restaurants of this size, 1/3rd of their business eats in; 1/3rd still comes in, picks up from the counter and walks out; and the other 1/3rd goes to the drive-through. It is a good sized piece of property, and Mr. Linkous observed that drive-ins could be utilized. Mr. Brinkman added that they propose to put offices on the rear. There is a very large tree on the property, which they will build around. Right now, they have no choice, so Mr. Brinkman wanted some relief or for the drive-through to be made a conditional use. Chairman Ryder said they had to keep in mind that the City is committed to doing something about an area that has been stagnating all of these years. Nothing has happened and nothing probably will happen if they do not do something. At this point, Chairman Ryder did not see how the Board could take any measure which would dump or scrap what has been started. He thought the Board had to go with the Ordi- nance and the rezoning. With regard to what has come before the Board tonight, Chairman Ryder said the City Council will make the final decision for the CRA and the City staff to get together with the Consultant and see whether they feel it will be justified to make some of the changes that have been suggested. He did*propose to scrap this whole thing because of something like that and thought it would be in- excusable. Mr. Mauti commented that it would just be a matter of adding some words. Chairman Ryder told Mr. Mauti the Board was not going to add words at this time. He thought they could take all of these comments under advisement, and the CRA could come back with the Ordinance when they go to the Council. *Should be oppose. See 3/12/85 Minutes. Mr. Mauti did not like to be railroaded through anything. Valuable questions were brought out by the people, and the Board sits not in judgment but in consideration. Mr. Mauti thought they could apply the same conditions to this as they do to the City Planner's suggestions when he recommends they - 28 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 approve subject to comments. It would be no different, and they could make some people a lot better to live with by adding a few words. Mr. Gregory commented that the whole purpose of a public hearing is to receive public input. Based upon that, the Members should go with what they feel is the sentiment of those people that are directly involved. Mr. Gregory did not see Where they were drastically tearing down this whole program by making a few modifications to allow a conditional use for the expansion of a marina. Chairman Ryder said the Board was not going to make the modifications tonight because t.he CRA is the prime movers in this, and they have to be in the picture. He did not think it was right for the Planning and Zoning Board to make changes without the knowledge of the Community Redevelopment Agency or their Consultant. Mr. Mauti retorted that they were here now. Mr. Gregory wished a clarification and asked if Chairman Ryder was saying it should go before the CRA as a point of procedure and then come back to this Board, based upon this Board receiving the CRA's information. Chairman Ryder did not see why it would have to come back to the Planning and Zoning Board. He thought the Board should consider these things and it should be done by consideration by the CRA, the Consultant, and the City staff. They can come up with what they think is merited, make the changes, and bring it up to Council. Mr. Gregory remarked that it would by-pass the P&Z Board. Chairman Ryder disagreed, saying the Board heard it. Mr. Gregory and Mr. Mauti agreed that they would not be making the recommendation to Council. Chairman Ryder argued that they would be making a recommendation for rezonlng, which is what this is all about. Mr. Linkous commented that the people present are the City. The Board represents the City and had a lot of good input from the people. Certainly, that should be given consider- ation. In his opinion, this was a piece of paper that could be changed. Mr. Annunziato thought the Board could take some action to consider these documents further. The one determination to be made was whether the area should be zoned CBD, which was the subject of the public hearing. The only thing Mr. Annunziato heard tonight which challenged that question was whether or not the Beane/Samyn property should be excluded from the CBD. He did not hear anyone else say there should not be a Central Business District zoning classification. - 29 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 Mr. Annunziato thought the Board could recommend to the City Council tonight as to whether or not this property should be zoned to the Central Business District classification with- out the property in question owned by Mr. Beane and Mr. Samyn. Mr. Annunziato referred to the issue of the uses and reminded the Members that this was a draft document. He thought perhaps the answer was to get into some coordinated form all of the comments that were made. Mr. Annunziato said it might be interesting to refer this back to the Agency to see how they feel this impacts the plan for the redevelopment of the downtown, let the Agency comeback with their comments to this Board, and then conduct the consistency review on the land development regulations. That could get the Board out oflthe problem it was having tonight. Mr. Mauti commented that the Board would not be voting on the Ordinance that they had before them. Mr. Annunziato clarified that they would be voting on the first item on the agenda, "the rezoning of land to CBD." Chairman Ryder said they could do that and if, after review of it by the people strictly involved, they want to eliminate the areas that were talked about, that could be done. He thought they could move on the rezoning. Mr. Annunziato explained to Mr. Mauti that the uses that are finally approved by the City Council will have to be adopted separately from the Zoning Ordinance. It will take a separate set of legal instruments to adopt a set of land development regulations. Mr. Annunziato said the Board could recommend to the Council, and the Council could zone property. The land development regulations can follow. Mr. Mauti thought something was amiss and the first sheet of paper should have said to rezone the downtown area without the provisions of the uses. The package he held in his hand incorporated the uses. Mr. Mauti could not see any way the Board could eliminate the uses from the zoning. Mr. Annunziato disagreed, saying they could because these are two separate actions. He thought the land development regula- tions could follow. A woman from the audience came forward and asked the definition of the Central Business District and how it differs from the present zoning. Mr. Annunziato answered that rezoning from several different zoning classifications - 30 - MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 to one classification called Central Business District is proposed. He read the intent and said the definition was the topic of most of the discussion tonight. The woman asked if it was implied that by changing this, you lose such and such in commercial and gain so and so. Mr. Annunziato replied that there is no one to one list that says this is in, and this is out. He did say this restricts somewhat the uses permitted. However, it increases dramatically the ability to develop the land. The required parking is decreased, and you can mix uses, etc. Chairman Ryder said they can act on the zoning and hold the matter of the consistency which applies specifically to the uses to the extent that they will take under advisement matters suggested, and the proper units will review it. Mr. Mauti advised that the only recourse the Board had was for someone to make a motion to delete the uses first and then approve the zoning. Chairman Ryder stated they were removing "B. CONSISTENCY REVIEW." Mr. Gregory wanted Mr. Annunziato to go over the effect of the zoning on the down- town area and the ramifications it would be to some of those people who would be affected by the rezoning. There was discussion among the Members. Mr. Annunziato announced that the Community Redevelopment Agency is meeting on the 21st of this month. If the Board felt they had all the input that they were going to receive, they could table both items and have this come up at the regular meeting of the Planning and Zoning Board on March 12. Mr. Mauti thought this Board should have a workshop meeting before the meeting of the CRA. Then the Planning and Zoning Board could take the input of these people and put it into the documents for the CRA's approval, and the CRA could come back to this Board. Mr. Mauti explained. There was dis- cussion about the workshop, tabling, and closing the hearing. Mr. Mauti said a motion should be made to table, have a workshop meeting before the CRA meeting, and then have another meeting. Mr. Wandelt moved to close the hearing. Mr. Gregory made a motion to table. Mr. Schultz said "Second." Chairman Ryder requested the Recording Secretary to poll the Board. Mr. Mauti asked if they were tabling the issue. The Members said there was a motion to table. Mr. Gregory explained that would mean the public hearing stays. Mr. Wandelt and - 31- MINUTES - SPECIAL MEETING PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 14, 1985 other Members said they would have to close the hearing first. Mr. Gregory said they should hold the public hearing at the next meeting. Mr. Wandelt meant they should close the hearing for tonight. Mr. Gregory advised that then it should be tabled. Mr. Schultz said that was what he seconded. Mr. Wandelt said that was the first proposal but then they should close the public hearing. Mr. Mauti asked Chairman Ryder if he wanted to poll the Members, as there was a motion and a second to close the hearing. Chairman Ryder said he had asked the Recording Secretary to poll the Board and now the Board was talking about what they were doing. Chairman Ryder again requested the Recording Secretary to poll the Members. Mr. Gregory - Yes Mr. Pagliarulo - Yes Chairman Ryder - No Mr. Linkous - Yes Mr. Mauti - Yes Mr. Schultz - Yes Mr. Wandelt - Yes Motion carried 6-1. Mr. Mauti moved to table the issue until they have a Work- shop me~ting. Mr. Annunziato said the motion that was made and seconded was to table. Mr. Mauti disagreed, saying a motion was made to close the hearing. Mr. Annunziato advised that Mr. Gregory made a motion to table, and Mr. Schultz seconded it. It was voted on and approved 6-1. Workshop There was discussion about when they could meet for a work- shop meeting. If Mr. Skokowski had time to review the comments and the Agency came back to this Board, Attorney Haygood did not think the Board would need a workshop. ADJOURNMENT There being no further business to come before the Board, the Board properly adjourned at 9:55 P. M. (Three Tapes) - 32 -