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Minutes 06-13-78MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JUNE 13, 1978 AT 7:30 P.M. PRESENT Simon Ryder, Chairman Col. Walter M. Trauger, Vice Chairman Marilyn Huckle John Jameson Richard Lambert Garry Winter Ronald Arena (Arrived 7:40) Carmen Annunziato, City Planner Chairman Ryder welcomed everyone and called the meeting to order at 7:30 P. M. He introduced the members of the Board, City Planner, and Recording Secretary. MINUTES OF MAY 23, 1978 Mr. Lambert moved that the minutes of the regular meeting of May 23 be approved as presented, seconded by Mr. Jameson. Motion carried 5-0 with Mrs. Huckle abstaining. ANNOUNCEMENTS Chairman Ryder referred to the disposition of items referred to the City Council and announced at the last City Council meeting, there was a public hearing for the abandonment-of a 20 ft. alley east of the FEC Railroad. After discussing this application during two meetings, we finally recommended approval. After some discussion by the Council, they decided to table this because they got into discussion of the propriety of doing this. He referred to the ques- tion of why the people wanted this and stated that this was discussed thoroughly at our meetings and we fully informed the applicants. However, the Council decided to table it. Col. Trauger questioned how this was going to be taken from the table and if there was going to be f~rther action and Chairman Ryder replied that it was just tabled and there was not'much guidance given from the City Attorney. It was questioned why the people wanted it, so with this degree of uncertainty, nothing happened. Chairman Ryder stated that the Council had first reading of the amend- ment on the p~esent 'ordinance for antenna heights and it was approved 5-0. Chairman Ryder referred to the next matter being the amendment to the ordinance on the bufferwalls and after having a good deal of discus- sion by this Board on this matter, we felt changes should be made to the present ordinance. The City Attorney had prepared a draft, which in a sense made the barrier wall a matter of discretion on the part of the Council. We discussed it and found it did not have any condi- tions for denial or approval by the Council. We made a recommendation that in the C-1 zone, the masonry 6T wall could be waived in lieu of a vegetative buffer. The ordinance before the Council was our recom- mendation and it passed 5-0. MINUTES PLANNING & ZONING BOARD PAGE TWO JUNE 13, 1978 Chairman Ryder~stated that the Council had first reading ofthe ordi- nance pertaining to the rezoning of the Jarvis property and this was passed 5-0. Chairman Ryder stated that the next matter before the Council Was Site Plan Review. He referred to forwarding copies of his report to the members and suggested deferring discussion on this subject until com- pleting the agenda. Col. Trauger so moved, seconded by Mr. Lambert. Motion carried 6-0. Chairman Ryder stated that the Council approved an application for annexation and zoning submitted by Summit Associates and this will be forwarded to the Board. Mr. Annunziato added that the public hearing for this annexation and requested zoning has been advertised for July 11. It is for a ten acre out parcel at Charter World. He suspects they will be submitt-i~rt2an application to rezone this property to a PUD with a reduction to 4,000 units from 6,600. They have also sub- mitted numerous abandonment applications and these are scheduled tentatively for July 25, (At this time, Mr. Arena arrived and Chairman Ryder gave him a summary of the report to this time.) Chairman Ryder then continued and advised that the next item was the Sandhill preliminary plat and it 'was approved 5-0. Also, the site plans for Tropical Acres, Gould Plastic Bins Warehouse, and Bulldog Fence Co. construction were all approved by the Council. With re- gard to the Bulldog Fence Co. application, when we get back to the matter of site plan review, he would like to refer to a matter in reference to that and in reference to the particular problem we are currently faced with. He added that listed on the agenda tonight, there are five items and four are for site plan approval. OLD BUSINESS Chairman Ryder referred to the application from Village Royale on the Green for a two story recreation building being tabled and asked if there was further to report ~on this. Mr. Annunziato replied that he did not think it was necessary to take this off the table. He has spoken '~or the attorneys for the condominium association and as of last Thursday, they had reached an agreement to settle out of court and bring this matter to an end. He requested the attorneys to for- ward a letter to him when they complete the agreement asking this to be deleted from the agenda. He suggests keeping this on the table until then and it is listed on the agenda just for informational purposes. Chairman Ryder referred to this being an example of an item which we have discussed at two meetings and the basic problems surrounding this would be ha~d to find in any particular code. MINUTES PLANNIN8 $ ZONING BOARD PAGE THREE JUNE 13, 1978 NEW BUSINESS Public Hearing - Abandonment Request Applicant: James M. Hopkins Project Description: Request to abandon a 10 ft. alley lying between Lots 145 thru 147 and Lots 148 thru 150, Arden Park S/D. Recorded in Plat Book 2, Page 96, Palm Beach County Records. Chairman Ryder announced that this alley lies between 8th and 9th Avenues between N. E. 3rd Street and the railroad. Mr. Annunziato stated that to summarize the staff and public utilities comments, there are water and sewer lines, buried cable, overhead power lines and television cable in this alley. Most of the staff and utilities companies are not in favor of this abandonment on this alley unless an equitable easement is dedicated for public purposes and the City and utilities companies are held harmless for any improvements pro- vided on the easement-in the future and damaged and they must have adequate ingress and egress. He then read a memo submitted by Mm. Tom Clark. Chairman Ryder referred to Mr. Clark's memo being a good summary and suggested that it would be advisable to keep these requests in mind on future applications of this type. The memo sums up the .conditions under which the City would continue abandonment of existing public rights-of-way. Col. Trauger questioned how this could legally be provided for and M_r.. Annunziato explained how at the time of abandonment, the ease- ment 'would be recorded. Col. Trauger questioned how the document would protect the City and Mr. Annunziato explained how a 10 ft. easement ~would be dedicated for public utilities and the CitY and public utilities companies would be held harmless for any damage which may occur to any improvements put on the 10 ft. easement. Mr. Lambert-added that Florida Power & Light Co. attached a docu- ~ment to their letter to be executed to protect them. Mr. Arena referred to this being about the same as the last applica- tion and Mr. Annunziato agreed that it was almost exactly. He added that he thinks the applicant should be made very much aware of the restrictions referred to. Obviously this is a highly used alley for utility purposes and not transportation purposes. Chairman Ryder added that the City Planner has done a wonderful job familiarizing the Board with this. Mm. Lambert questioned if this was approved with the three points covered, could the applicant fence off the easement to where the City could not get to the property and Mrs. Annunziato replied that he thought he could, but explained that if there was a locked gate and access was not possible, measures would be taken to get in in an emergency. MINUTES PLANNING & ZONING BOARD PAGE FOUR JUNE 13, 1978 Chairman Ryder asked if anyone was present wishing to speak on behalf of this request. Mr. James Hopkins, 1607 High Ridge Road, Lake Worth, appeared before the Board. Chairman Ryder asked if he owned the abutting properties on either side of this entire block and Mr. Hopkins replied affirmatively. Mr. Arena asked if he understood the mechanics of thiswhole thing? He explained how if the abandonment was granted, it would be based on an easement being dedicated. This would also mean he would have to pay taxes on this property, but would not have the right to build on it. Mr. Hopkins explained that he wanted to close the alley off to kids cutting through since they work in this area and park customers' cars there overnight. Mr. Areaa asked if he had intentions of pa~ing it and Mr. Hopkins replied negatively. Mr.. Arena asked if he understood that if he decided to pave it and it had to be taken up, that it would be at his expense and Mr. Hopkins replied affirmatively. Chairman Ryder referred to this coming up at the Council meeting last week in reference to the previous abandonment. The Council was puz- zled whether the applicant kn.ew what was involved. This Board it thoroughly and it 'was included in our minutes if the Council members had bothered to check it. Mrs. Huekle questioned how abandoning it would keep children out of the alley and Mr. Hopkins 'replied that he intends to fence it. Mrs. Huckle questioned if 24 hour access would be availed if there was a £ence and Mr. Annunziato replied that he didn't think a fence would preclude access by utility companies. If it is necessary to service the lines, the people will know the fence is separable from the alley. They should know the potentials for the fence being removed. Access would only be required on an emergency basis. Col. Trauger asked if there would be a gate at either end and Mr. Hopkins informed him there would be a gate at both ends. Col. Trauger asked if there would be a guard dog inside and Mr. Hopkins replied negatively, but told how the area would be lighted. Mrs. Huckle referred to the current use of the p~operties on either side and Mr. Hopkins informed her that it was vacant property and was just used for parking. Chairman Ryder referred to there being some existing construction and Mr. Hopkins replied that there is a garage and they would like to have over night parking for their cus- tomers~ cars they are working on. Mm. Lambert asked if it wasn't possible to fence it right now and Mr. Annunziato replied that you cannot fence across public property. Chairman Ryder referred to the map showing the alley going north and south for several blocks and stated that obviously the City could not do too much in a t0 ft. right-of-way. He does not see much objection. However~ the land to the north and south is presently unimproved and he thinks we will be faced with ~utmre applications. Mr. Annunziato added that as the land reaches development stage, these old subdivi- sions where property owners own land on both sides, it would make sense to consolidate the ownership. MINUTES PLANNING & ZONING BOARD PAGE FIVE OI1NE 13, 1978 Mr. Jameson asked if the applicant was aware of the comment made by Mr. John Johnston in regards to the Utility Department objecting since there is a 4?~ water main and an 8T~ sewer main in this area? Mr. Annunziato replied that he thinks Mr. Johnston is objecting to abandoning of the alley without any easement to cover the utilities. We do have utility easements all over the City. Chairman Ryder asked if anybody else in the audience wished to speak in favor of this request and received no response. He asked if any- one wishe.~ to speak in opposition to this request and received no response. Mr. Lambert referred to the memo sent to all department heads indicat- ing the giving back of an easement and Mr. Annunziato replied that Mr. Johnston's position is very clear. He is reacting to the memo. Chairman Ryder clarified that the City Engineer has summed up all comments and the City does not object. Col. Trauger made a motion that the Planning & Zoning Board recommend to the City Council the approval of the request to abandon a 10 ft. alley lying between Lots 145 thru 147 and Lots 148 thru 150,'Arden Park Subdivision, as recorded in Plat Book 2, Page 96, Palm Beach County Records, subj eot to the acceptance in writing by the applicant that the easement be deeded hack to the City, a 10 ft. easement be provided for public utilities, that 24 hour ingress and egress to the alley be provided, that the cost for repairs for any damage to private property be born by the owner of said property, and the City and utility companies be held harmless. Mm. Lambert seconded the motion. Under discussion, Mr. Lambert referred to there being discussion about asphalting alleys and stated that he thinks the City allowed people to asphalt the road right-of-way in front of their homes and this caused a problem with the City having to replace driveways when re- pa~ing sewer lines. On easements like this, it will save money if asphalt is not put down, but it is just paved withshell rock. Mr. Annunziato replied that he was referring to different uses of land - easements are private property and right-of-way is public property. Chairman Ryder added that this was a good point about paving and he clarified that the City would not be responsible for any damage. Motion 'carried 7-0. Site Plant Approval Applicant: Tom Gustafson Ind. of Palm Beach County, Inc. Location: Corner of N.E. 7th Avenue and 3rd Street Legal Description: Lot 90, Arden Park _Addition Project Description: 14 Space Parking Lot Chairman Ryder stated that this establishment is located on the north side of 7th Avenue and the applicant-seeks to provide this parking lot on the south side of the street opposite the premises. Mr. Annunziato added that this is to be used in conjunction-with the Tom Gustafson Industries roofing warehouse that was remodelled approximately six months ago. Apparently they have found need for additional parking. MINUTES PLANNING $ ZONING BOARD PAGE SIX JUNE 13, 1978 A fence is shown around the parking lot. In reference to staff com- ments, there should be a sidewalk on 7th Avenue and an additional 2~ of paving should be provided in the parking lot to provide for a 45~ parking bay. The staff recommendation is to appmove subject to staff comments. Chairman Ryder ascertained there was no representative present from Tom Gustafson Industries. The members reviewed the plan. Mr. Lambert asked if the applicant was aware of the staff comments and Mr. Annunziato replied that he didn't believe so. Chairman Ryder added that these w/!l be stipulations 'requested. Mm. Lambert moved that the Planning & Zoning Board recommend to the City Council approval of the Tom Gustafson Industries site plan for the parking lot on N.E. 7th Avenue subject to staff comments, seconded by Mrs. Huckle. Motion carried 6-0. Mr. Arena abstained with the statement 'that he will wait for some guidance from the City Council as to how they wish him to act on site plan approvals. Mr. Lambert added that according to the Zoning Code, additional park- ing must be within 300 ft. of the site. Mr. Annunziato clarified that mequired parking can be no further than 300 ft. away, but a parking lot can be built in commercial zones as an accessory use. Applicant: Gerald L. Skinner, D.D.S. Location: 2620 South Seacrest Blvd. Legal Description: Lots 92 & 93, High Point Project Description: Medical/Dental Offices Mr. Annunziato informed the Board that this is located at~S.E. 26th Avenue .and Seacrest Boulevard, across from Bethesda Hospital. Most · will recognize that ~a house was removed from this location recently. The zoning is acceptable. He referred to 40 parking spaces being provided and explained the plans for the building. In-reference to staff comments, Mrs. Keehr has commented that a 20 ft. rear yard would be required~ a 6~ masonry wall, and sidewalks on 26th Avenue and Seacrest Blvd. However, it is his opinion that the rear yard would be opposite Seacrest Blvd. and if determined to be opposite 26th Avenue as Mr. Keehr commented, the plan will not conform. In his opinion~ the front of the building, the address~ and the archi- tectural front will be on Seacrest Blvd. The greatest length is east/west and his opinion is that it should be placed .as shown on the plan.. There will be a 10 ft. side setback on the north. Chair- man Ryder clarified that the address is Seacre~t Blvd. and the applicant 'says the rear is to the east, but the Building Department takes issue with that. When talking about 'a conventional lot, nor- mally the longer dimension is the depth. Considering this north lot line as the rear line means there would have to be a 20 ft. setback across the longer dimension. The logic seems strange. Also, in regard to barrier walls, we have a pending ordinance daing away with the barrier wall in this zone. Mr. Annunziato added that the building just-removed was oriented to the intersection. Col. Trauger asked the address of the previous building and questioned what deter- mined whether the address would be on 26th or Sea~cmest? Is it up MINUTES PLANNING & ZONING BOARD PAGE SEVEN JUNE 13, 1978 to the owner where he wants to put his mailbox? Mr. Annunziato re- plied that he thought so. Chairman Ryder added that Seacrest is more readily identifiable than 26th Avenue. Mr. Lambert asked if possibly Mr.. Keehr was referring to a majority of the homes on 26th Avenue facing south and Mr. Annunziato replied affirmatively and added that his comments were based on the way the lots were laid out. These two lots are oriented in a north/south manner as shown on the survey. Mr. La~bert stated that it seemed the best way to situate it is as shown. Mr. Annunziato continued that as a matter of consistency by the Build- ing Department, when lots are oriented in a north/south manner, the rear of the lots is on the north. Obviously here, the uses are changed and he thinks we can anticipate the property to the north also being utilized in the same manner since it is zoned C-1. Mr. Annunziato then continued with the staff comments and advised that the Engineering Department has required parking lots to be 6~ rock and ~ asphaltic concrete. Wall details are to be provided. It is recommended that it be approved subject to these comments. Mr. Lambert-questioned the wall details requested and Mr. Annunziato inf~rmedhim that it was not clear from the plan whether the wall will have open space, how high, etc. Mr. Lambert questioned the re- quirement with the new ordinance pending and Mr. Annunziato replied that it is not effective until the ordinance is approved since there has not been a moratorium placed on the enforcement of the present ordinance. He added that he did not think it was appropriate for this Board to give relief. Chairman Ryder added that he thinks cur recommendation should refer to this. Col. Trauger asked if the impending widening of Seacrest Blvd. had been taken into consideration and Mr. Annunziato replied that the elevations of this building have been coordinated with the future elevations of Seacrest Blvd. Chairman Ryder asked if there was a right-of-way problem and Mr. Annunziato replied negatively. Chair- man Ryder added that he understands when there is a request along a road which will undergo Widening, it is the City Engineer's respon- sibility to verify that the elevations will be satisfactory. Dr. Gerald Skinner, 2620 South Seae~est Blvd., appeared before the Board and informed them that the address and positioning of the house which was moved was always on Seacrest Blvd. It-was there for 25 years,before 26th Avenue went 'through. He does not think the house sat on an angle, but faced exactly east and west. Mr. Winter agreed and Mr. Annunziato stated that he apparently didn't see it until after itwas moved. Chairman Ryder stated that he would like to point out that 'we have had requests in the vicinity along Seacrest Blvd. for changes in zoning from residential to commercial and in every instance, we referred to there being so much undeveloped C-1 zoning in the area. He is glad to see this is an instance of a properly zoned area being used. MINUTES PLANNING & ZONING BOARD PAGE EIGHT JUNE 13, 1978 Mr. Lambert refermed to the recommendation by the Building Dept. for the 20' setback and asked if this decision would be up to the Building Dept. if there was no site plan review and Chairman Ryder replied affirmatively. Mr. Lambert asked when this was brought out. Mr. Roy Simon, Architect, 100 N. E. 5th Avenue, Delray Beach, appeared before the Board and stated that t~s is the first time he has heard about it. He has been to the Building Dept. several times, reviewed the code, had discussions with the Building Official, checked set- backs, etc. and this was never mentioned. They do not have any land left to increase this setback to 20 ft. He has talked to the Building Official several times and has always been told that there should be 10 ft. on the north and 30 ft. on the other three sides. Mr. Lambert re£ermed to the wall. Mr. Simon referred to the site plan approval and advised that he is on the Community Appearance Board in Delray Beach and site plan approval takes three months in Delray Beach. When submitt~fgprojects to the various boards, he, as an architect, generally does not submit the construction documents and completed drawings because of possibt~ changes. He submits pre- timinary drawings and did not detail the wall awaking Board recom- mendations. Mr. Lambert clarified that he was aware of the fact of a 6 ft. masonry wall being required and Mr. Simon replied affirma- tively. Mr. Lambert asked if he was aware of an ordinance being passed on first reading to eliminate this requirement in this zone and Mr. Simon replied negatively, not until tor~ght. He added that he would rather see a hedge. Also, they have tried to save as many of the existing Pine Trees as possible. If it is required, there will be a 6 ft. high stucco wall. Mr. Lambert suggested that this be discussed at the Council level. Mr. Simon replied that he would like to see a mixture with some vegetation. Mr. Simon then asked if any changes could be made once this was approved and Chairman Ryder replied negatively and advised that final plans must be submitted for the permit incorporating the necessary changes required and it is not necessary to come back before this Board and the Council. Mr. Annunziato clarified that the only thing which could not be changed is the configuration of the building on the lot, appearance and landscaping. Mr. Simon explained how there might be certain minor changes such as the location of a door and windows and Chairman Ryder replied that he just had to stay within the area and setback. The Board is not concerned about the changing of windows or doors. Chairman Ryder referred to there being controversy about ~site plan review by the Planning $ Zoning Board and stated he was glad to hear about Delray Beach. It has been pointed out that 'we don't hold anyone up. This applicant wouldn't be ready for the permit yet and this is used a~ an interval by the architect to find out whether any substantial mhanges are necessary. MINUTES PLANNING $ ZONING BOARD PAGE NINE JUNE '13, 197 8 Col. Trauger made a motion that the Planning & Zoning Board recommend to the City Council that ~the site plan be approved for Dr. Gerald L. Skinner located .at 2~20 South Seacrest Boulevard~ Lots 92 &993, High Point, subject to the staff comments entered upon the plan and based upon the address and frontage of the building being on Seacrest Blvd. and the rear setback line shall be to the east-of the property.- Mr. Winter seconded the motion. Under discussion~ Chairman Ryder suggested that the applicant discuss the wall requirement with the City Council. Motion carried 5-0. Mrs. Huckle abstained because of conflict of in- terest and Mr. Arena abstained with the statement that he is waiting to obtain further guidance from the City COuncil before acting on site plans. Applicant: Clint Nangle & Partners (William Vaughn, Agent) Location: Corner Congress & Woolbright (behind Lindsley Lumber) Legal Description: Acreage Project Description: Shopping Center Mr. Annunziato referred to the one page site plan and stated that this is to be a shopping center to be located on the east-and south of Lindsley Lumber with no connection. It will front on Woolbright Road and Congress Avenue. In reference to the staff comments, the Building Department has noted that seven handicapped parking spaces are required and four are provided now. Col. Trauger questioned what constituted the seven and Mr. Annunziato replied that it relates to the square footage. He ~hen stated that sidewalks are to be pro- vided on tSth and Congress Avenues. The Fire Marshall has requested four fire hydrants as marked on the site plan. The Engineering De- partment requires elevations~ drainage details and paving details. The Utility Dept. requires plans and specifications for the water and sewer to be coordinated with the engineer and Utilities Dept. The Public Works Dept. has noted that one additional dumpster will be necessary for Pantry Pride. A 6' wall is required to the east. The staff recommendation is to approve subject to comments. Col. Trauger referred to a wall being required along the canal and asked what was across the canal and Mr. Annunziato informed him it was Leisureville single homes. Chairman Ryder asked if there was any question of the right-of-way for the widening of Congress Avenue and Mr. Annunziato replied that the future right-of-way has been determined to be an additional 10 feet on Congress Avenue and it has not been provided that it be dedicated. The Board could decide on this and make a recommendation. Chairman Ryder referred to Christian Villas being set back to the south and Mr. Annunziato replied that the difference is the tract where Christian Villas is being constructed is platted. This tract does not go as ~ar south as 19th Avenue. There is an intervening tract ~tated for a ,convalescent home. This tract of land covered by this application 'was never platted, so a right-of-way was not p~ovided for public purposes. MINUTES PLANNIM~ $ ZONING BOARD PAGE TEN JUNE 13, 1978 Col. Trauger questioned if there were breaks in the fence and Mr. William Vaughn, Architect, Fort Lauderdale, appeared before the Board and referred to the ordinance requiring a 605 ft. continuous masonry ~wall and stated this would be pretty monotonous and from the standpoint of the people across the canal, he thinks it ~would be more interesting to have 50 f~c. sections with 3 ft. open areas with shrubbery in between. Mm. Annunziato informed him there might be some technical problem with this suggestion because the ordinance calls for a continuous wall. He explained how it could possibly be a decorative wall. Mr. Vaughn told about Community Appearance Boards in other cities giving a variance in favor of the wall he suggested and added that it is stupid to have a 6 ft. high wall for this length. Mr. Annunziato suggested submitting a detailed section of the wall for review by the Community Appearance Board and Mr. Vaughn replied that he would be glad to. Mr. Lambert-suggested that he work with the Community Appearance Board and City Council in regards to this and added, that the Council has~e given relief in some situations. Mr. Vaughn then informed the Board that the Sun Bank plans to open an office on the north sector of this property and in order for them to keep their charter, they must be open by January 1. They would like permission to locate a temporary building in the northwest section. It will be a pre-fabricated, code complying structure. Mr. Annunziato asked if there was anything to prevent construction of the permanen~ building by January 1 and Mr. Vaughn replied that there was a lot of work to be done on the site with engineering and drainage. This is a preliminary investigation to obtain approval of the project before the owner finalizes the sale of the land. Mr. Lambert informed him that this Board could not give approval to a temporary structure. Mr. Annunziato added that he thinks the Build- ing Official is authorized to permit temporary structures subject to safeguards such as removal date, penalties, etc. Mr. Vaughn stated that they would be submitting a plan for this temporary building within a couple weeks. Chairman Ryder asked if he was aware of the stipulations made by the Technical Review Board and Mr. Vaughn replied affirmatively and added that they are in agreement. Chairman Ryder referred to the right-of- way for Congress Avenue and Mr. Vaughn replied that it is shown on the plan and they plan to hire Keystone Engineering Co. to prepare the final drawings. Mrs. Huckle asked if this company had any interest in Lindsley Lumber and Mr. Nangle replied negatively. Mr. Vaughn then intro- duced Mr. Nangle and advised that he came from Boston especially for this meeting. Mr. Lambert made a motion that the Planning & Zoning Board recommend to the City Co'until the approval of the Boynton West Plaza subject to staff comments and recommendations, seconded by Mr. Jameson. MI~dTES PLANNING & ZONING BOARD PAGE ELEVEN JUNE 13, 1978 Under discussion, Mr. Annunziato referred to the !0 ft. right-of- way dedication and Mr. Lambert replied that we are approving the plan and it is included in the plan. Mr. Annunziato stated that there is a difference. On the plan, the 10 ft. has been shown not to be constructed upon. It has been provided for, but not agreed to be dedicated. Mr. Lambert asked if there was any problem with dedicating the 10 ft. and Mr. Nangle replied that there would be no problem. Mr. Vaughn added that there is 7 ft. shown on 15th Ave. and 10 ft. shown on Congress Avenue and that-will be given for the street widening. They have agreed to do that and have shown it on the plan. Mr. Lambert referred to landscaping being shown on this right-o£-wayand Mr. Annunziato agreed and stated it should remain until the widening takes effect, but the right-of-way should be taken into consideration when building the sidewalk. Mr. Lambert suggested that it also be considered when planting trees. Mr. Vaughn clarified thatthis is a preliminary plan and when the final plans are completed, they will show all the rights-of-way and set- backs. Mr. Lambert then made the addition to his motion that the 7 ft. right-of-way be dedicated on Woolbright Road and the 10 ft. right- of-way be dedicated on Congress Avenue. Mr. Jameson seconded. Motion carried 6-0. Mr. Arena abstained until receiving further guidance from the Council. OTHER BUSINESS Site Plan Review Chairman Ryder referred to being instructed by the Board to submit a report to the Council and make a presentation at the City Council meeting and stated this was done at the meeting last Tuesday. The general feeling was site plan review was in the public interest and helpful in our.work to be aware of the changes going on. He thinks they are aware fr~the items printed in the newspapers that we did not get a vote of confidence from the Council. He feels we were rebuffed. He forwarded copies of the report ~delivered at the Coun- cil meeting to the members. After a good deal of discussion, the Council finally decided to have the City Attorney come up with an ordinance. He thinks our feeling is one that we don't see any area of compromise. Mr. Winter replied that he could not see the reason for compromise as all the members of the Technical Review Board except for two members agreed with the Planning & Zoning Board. Col. Trauger added that those two voiced no objection. Mr. Arena referred to discussions at previous meetings and stated he did not think any of us on the Board have been.in favor of re- viewing additions and alterations. He thinks we have mentioned many times in the past that we would like to see this responsibility taken away from the Planning & Zoning Board and it could be handled by the Building Dept. He got the impression at the Council meeting that this is what ~some of the Council members were interested in doing. On the other hand, he got some strong feeling from some of MINUTES PLANNING $ ZONING BOARD PAGE TWELVE JUNE 13, 1978 the members of the Council from statements made, one in particular, that if a piece of land is zoned properly and-~he setbacks are met, that particular City Council member did not see any reason to make any statements or come before any Board at all. There was no men- tion on this last-site plan from the Technical Review Board about the dedication of the 10 ft. and 7~ ft. We do pick up things like this, but evidently there is little importance placed on this. He thinks we can find many things overlooked by the Building Dept., but there seems to be a tremendous amount'of pressure from somewhere to take this away from us or a good portion of it. Chairman Ryder pointed out that tonight's agenda consisted of five items and all but one are site plan approvals. In the event site plan review was taken away, insome instances there would be no need for a meeting. Our meetings are set now for every second and fourth Tuesday and we plan accordingly. He believes there would be a loss of interest and continuity if it is changed. He has given his reasons at City Council meetings and in interviews with the newspapers. His own feeling is that site plan review serves a useful purpose and he will not serve if the Council finally does go ahead with this. He will resign. He feels his effectiveness would be impaired and his concern and interest would be impaired. He has let his feelings be Mrs. Huckle asked if there was any conversation at the City Council meeting about what would happen to the Community Appearance Board and Chairman Ryderreplied that nothing was said about this. Mrs. Huckle asked if he assumed they would be eliminated also? The Com- munity Appearance Board is set up to only review site plans and give input on landscaping and they have less reason'for existing than us. Mr. Arena replied that he would assume from what he got from the meeting and from what the recommendation is that the procedure would revert to no site plans coming to the Planning $ Zoning Board, City Council, or Community Appearance Board because the final determina- tions are going to be made in the Building Department on all aspects of the site plan unless there is some type of zoning requirement. He feels this is a step backwards in the procedure. Mr. Winter referred to the Building Dept. recommending the address of Dr. Skinner~s building to be on 26th Avenue and stated on this basis, there would be no way to build the building. Mr. Lambert replied that he assumed the only relief would be through the courts and Mr. Arena replied that relief could be requested ~rom the Board of Adjust- ment. Mrs. Huckle added that a person could always address the Coun- cil during the Public Audience period and discuss any matter. Chairman Ryder stated he thought it would be helpful if some of the Council members attended our meetings. Mr. DeMarco has attended, but not when site plan review was taking place. Some of the others at- tended when there were public hearings of interest, but it is unfor- tunate that they have not attended when site plans were reviewed. He thinks it would be helpful for them to have a basis for giving a proper evaluation. MINUTE S PLANNING & ZONING BOARD PAGE THIRTEEN JUNE 13, 1978 Col. Trauger replied that he was not as quite concerned to tell the City Council he did not want to serve because of their aetion because we-were appointed as a recommending Board. He believes our comments are to the City Council per se' We serve in whatever method they want us to. Most of the comments we have made were all made a matter of record and he presumed from that, the City Council was informed as to our ~ews and stand. If the newspaper articles are correct about a new ordinance to be drafted by the City Attorney for us to be cur- tailed, it becomes apparent that the Mayor and Vice Mayor hold our functions in low esteem and also the integrity and competency of the Board members. It ~also confirms for the record that the Building Official becomes the most powerful of all department heads because they took his word and he did not have to open or prove his records, etc. even though our records prove there has been no delay. Then the Building Official made the point that the Planning $ Zoning Board is not needed and has little competency, in spite of the remarks by the Technical Review Board to the contrary. They stated that backup was given by the Planning & Zoning Board to the Technical Review Board. Only one member of the Technical Review Board argued in favor of this and he was a member of the Building Dept. The Building Of£i- cial alluded to bad zoning and that-was researched and recommended by the former Building Official. The Building Official made his point to exclude public hear~hgs on all site plan approvals and cut off approval on all site plan review. Chairman Ryder stated that he cannot help but feel if the City Council feels this is unnecessary, he has wasted a lot of time in the past few years when he felt he was making a contribution. He referred to Mr. Simon, an architect practicing in Delray, mentioning that it takes three months for site plan review in Delray Beach and Mr. Jameson replied that Mr. Simon was not in favor of that three month period. Mr. Arena referred to the plan approved for Tropical Acres previously and stated that he talked to Mr. Caeser Mauti and his plan was approved at last weeks City Council meeting, but as of this morning, he had not received his permit. Mr. Mauti commented that it took five minutes with the Planning & Zoning Board and Community Appearance Board, and a number of hours to come up at the City Council meeting and it was approved last week, but the Building Department still has not issued his building permit. How long is it going to take the Building Department without public hearings? He tends to agree with Col. Trauger and his statement. He does not know where the pressure is coming from, but the pressure is tremendous. He heard statements at the Council meeting which he could not believe. Col. ~auger added that nobody has offered any proof of any document of any time schedule. Mr. Arena added that the only thing brought up was that Burger King would not build in Boynton and Col. Trauger added that the representative from Burger King did not know anything about this and had no objections to our system. Mr. Arena continued that the co'urse of action he took tonight, he will continue Until the City Council makes a determination. At that point, he will make a determination what he will do. He gets the feeling they do not want him to review site plans and he will abstain until they tell him what they want him to do. MINUTES PLANNING g ZONING BOARD PAGE FOURTEEN JUNE 13, 1978 Mrs. Huckle asked if anybody on the Technical Review Board was hand- ling landscaping and Mr. Annunziato replied negatively. Mrs. Huckle referred to all the landscaping which would suffer and stated that she as a citizen likes what the Community Appearance Board has done and explained how they had also required maintenance. It makes her wonder what will happen to the beautification of these sites if the Technical Review Board and the Building Official are the end of the line. It will almost necessitate adding another department head. Mr. Annunziato replied that the only way to rectify thatwould be to have such a descriptive ordinance that someone could read it and interpret it for the developers. It would be someoneTs responsibility to count the trees in respect to the ordinance. There would not be any input regarding design. Col. Trauger referred to the Building Official alleging that no legal responsibility rests with the Planning & Zoning Board to review site plans and Mr. Annunziato informed him that the proce- dure is legally provided for in the City Code. Col. Trauger agreed, but stated that the Building Official maintains there is no legal point for the Planning g Zoning Board. Chairman Ryder added that even if it Bs not covered, it could be made legal. Col. Trauger questioned the'illegality and Mr. Annunziato replied that the prac- tice is acceptable and is used in many cities and is becoming more widespread. He thinks the question as to the legality of site plan approval is an opinion as opposed to verifiable law. Col. Trauger replied that he assumed this, but this is like saying an opinion is law. Mr. Lambert referred to the City Attorney having to make a decision on this matter and told how everyone did not fully understand how the ordinance would be prepared to the satisfaction of everyone. Chairman Ryder added that it was also mentioned that this Board shoeld meet with the contractors and he thinks that is way out of line. Dealing with contractors is the wrong thing to do. We should deal with developers. The contractors cannot make commit- ments. What is to be gained by discussing this with the contractors? The contention about delays is not true. Mr. Lambert replied that even if we sat down with the contractors and developers, he thinks we have enough points to explain to them and if they had a choice of what system, he bets hi~ life they would go under the existing system instead of one with no recourse with dealing directly with the department heads with no avenue of appeal or interpretation of the code. Ir'was also commented by a few members of the Technical Review Board that they would need additional staff if this Board was eliminated. The Police Department strongly indicated that. Some of the department heads indicated they might not be able to handle these developers and builders. They would have to have some- one to sit down and discuss the plans with the developers and builders from each department. If the code is so specific, why does every site plan have comments listed on it from the depart- ment heads, with the exception of 1 out of 100. If the plan was according to code, the comments would not be necessary. Someone MINUTES PLkNNING & ZONING BOARD PAGE FIFTEEN JUNE 13, 1978 must interpret the codes ~and the department heads will have to do this. At this point, the presence of Councilman DeMarco was acknowledged and Mr. Lambert stated that he wished he had come earlier. Mr. Lambert referred to Dr. Skinner's plan reviewed tonight and to the Building Department requiring a 20 ft. setback on the north side and explained how if there wasn't review by the Planning & Zoning Board and City Council, the permit would not be issued and the building could not be built. Mr. Arena added that Dr. Skinner indicated if he has to provide that 20 £t. setback, he would not build and the City Council can still require that. Chairman Ryder clari£ied that this is in addition to the other 30 ft. setbacks and he would wind up with nothing to build on. Mr. Arena stated that the question he poses is very simple and basic. The City Council, the way he understands it has an obligation to the citizens of the City, the residents of Boynton Beach, and we, as a recommending Board, have an obligation to the City Council and also to the residents of Boynton Beach. What harm does the present system cause the residents of this City? He thinks we are affording the residents more controlled growth and a better planned and developed community. He thinks the citizens are grateful, but he does not think the public ~ully understands this issue. He thinks if it is changed, the public will be aware and most of the citizens will be up in arms. It will be a step backwards. Mr. Lambert added that site plan review was initiated by the Boards originally because of what happened in the past. Chairman Ryder referred to this Board being the Local Planning Agency and stated in a short period of time, we will have the Comprehensive Land Use Plan and he wo~ld want the Board with the confidence of the Council to proceed. They have not taken this into consideration. Mr. Arena referred to the Council being in a precarious position with having appointed people to this Board who they have donfidence in and respect their recommendation, but they also have the Building Official who they feel is extremely confident and doing an extremely good job and they don't want to undermine him. He really believes the Council doesn't know what to do. He thinks they will have to take a position and he will wait until they do. Mrs. Huckle referred to the ordinance requiring a public hearing and stated at that time, there may be some public input which may change their minds or make a difference. Mr. Winter replied that the public who attend the meetings do not know what we do. Col. Trauger added that he does not think the public realizes the impact there will be to most of the people. Chairman Ryder added that the public usually only come out in number when there is a matter of immediate concern to them and Col. Trauger added that the only way to get the Chambers full is to have.a matter affecting Leisureville. Mrs. Huckle stated that any member of this Board can go before the City Council. She MINUTES PLANNING $ ZONING BOARD PAGE SIXTEEN JUNE 13, 1978 thinks we have gone to great lengths to express our feelings and the Council must make a decision. Col. Trauger asked Mr. DeMarco if the Council members read our minutes and Mr. DeMarco replied that he does. ADJOURNMENT Mrs. Huckle moved to adjourn, seconded by Mr. Da~bert. Motion carried 7-0 and the meeting was properly .adjourned at 9:40 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Two Tapes) DATE: TIME: PLACE: AGENDA PLANNING AND ZONING BOARD Regular Meeting June 13th, 1978 7:30~P.M. Council Chambers City Hall 2. 3. 4. 5. Acknowledgement of-Members and Visitors Reading and Approving .of Minutes. Announcements; Communications. Old Business.: A. Site Plan Approval: Applicant: Village Royale on the Green (Irving Gross) Location: 2600 N.E. 1st Court Legal Description: acreage Project Description: 2 Story Recreation Building 6. New Business:' A. Public Hearing: ABANDONMENT REQUEST (TABLED) Applicant: James M. Hopkins Legal Description: see attached ~ Project Description: Request to abandon a 10 ft. Alley lying between Lots 145 thru 147 and Lots 148 thru 150, ARDEN PARK S/D. Recorded in Plat Book 2, Page 96, Palm Beach County Records. B. Site Plan Approval: Applicant: Tom Gustafson Ind. of Palm Beach County Inc. Location: Corner of N.E. 7th Avenue and 3rd Street Legal Description: Lot 90, Arden Park Addition Project Description: 14 Space Parking Lot Applicant: Gerald L. Skinner, D.D.S. Location: .2620 So. Seacrest Boulevard Legal Description: Lots 92 & 93, High Point, Project Description: Medical/Dental Offices Applicant: Clint Nangle & Partners (William Vaughn, Agent) Location: Corner Congress and Woolbright (behind Lindsley Lumber) Legal Descript&on: acreage Project Description: Shopping Center