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Minutes 05-09-78MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, MAY 9, 1978 AT 7:30 P. M. PRESENT Simon Ryder, Chairman Col.~Walter M. Trauger, Vice Chairman Ronald Arena Mariiyn Huekle John Jameson Richard Lambert GarryWinter 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 APRIL 25, 1978 Mr. Winter make a motion that the minutes of April 25 be approved, seconded by Mrs, Huckle. Motion carried 6-0 ~th Col. Trauger ab- staining. ANNOUNCEMENTS Chairman Ryder referred to the Board's recommendations to the City COuncil and reported at the Council meeting of May 2~ there was an amendment to the ordinance pertaining to buffer walls listed under Legal which was tabled and also our recommendation regarding this was listed separately on the agenda and was tabled too. The City Attorney prepared a suggested amendment and we made a recommendation and the decision was to table these for their consideration. Mrs. Huekle asked if reference was. made to our proposal and Chairman Ryder replied affirmatively. Mrs. Huckle asked if it was noted in the ~nutes that the Council acknowledged our recommendation ~nd Chairman Ryder replied affirmatively. ~ Chairman Ryder announced that Antenna Heights was also' on the Council agenda, bug was tabled also. He was asked whether we had a public hearing and he informed them that 'we had~ then subsequently had a number of workshop meetings and came up with the proposed amendment. He was asked whether we contacted the speakers from the public hear- ing and he advised them we had not, but pointed out that there would be first and second reading of the ordinance when a hearing would be held. This matter was referred to the City Manager and he is sup- posed to contact the people who spokeat our public hearing and get th~J~.input. Mr. Lambert clarified that the summation of our ~hearing was reflE~cted in the ordinance we recommended. Col. T~auger agreed that-the requests from the audience were satisfied in the proposed ordinance. Mr. Jameson added that it was puzzling how 'it was han- dled by the Council, but apparently they want some kind of hearing on it. Chairman Ryder reported that the site plans for the branch bbank at Leisureville Plaza, Vintage Restaurant, and the units at Palmland were all approved by the Council. MINUTES PLANNING & ZONING BOARD PAGE TWO MAY 9, 1978 Mr. Lambert referred to the Comprehensive Land Use Plan and Chairman Ryder replied that the City Manager submitted a figure to the City Council ~or the consultantst service and possibly Mr. Annunziato can bring us up to date on that. Mr. Annunziato informed them that the firm submitted a contract to the City Manager on an hourly basis not to' exceed $57000. Mr. Lambert questioned the status~of th~s and Mr. Annunziato repliedthat he did not know, but~they have been. working on the plan. M~. Jameson added that the City Manager was instructed to sign the contractand Chairman Ryder commented that apparently it is moving. OLD BUSINESS Public Hearing Abandonment Request Applicant: E. H. Bauer and Evelyn Raulerson (Hearing continued from Planning & Zoning meeting of April 25, 1978) Project Description: Request to abandon 20 ft. alley east of F.E,C. Railway right-of-way from 200 feet north of N. E. 6th Ave. to N. E. 10th Ave. Chairman Ryder'referred to there being a number.of lots involved in this abandonment, but 'we ran into a problem with one owner of a lot not indicating support of this request. Because of this and in order to determine the options, it was tabled. He then ~equested Mr. Annun~iato z~3~to bring us up to date. Mr. Annunziato stated as instructed by the Board, he contacted the City Attorney to find out whether it was neces- sary for Mrs. Ho!tberg to join in the. application. Mr. Moore informed him that as long as the advertisement includes the property, Mrs. Holtberg did not have to be in the application and we can proceed. Mrs. Huekle referred to the land locking of this one piece of pro- perry andMr. Annunziato replied that it is served from Federal Highway. Mrs. Huekle refer~ed to statements at the previous meeting not feeling this access was adequate and Mr. Annunziato clarified that if the alley is abau~doned, it will not serve foregress and ingress for the public. Mrs. Huekle clarified that Mrs. Holtberg's property would also be aban- doned and Mr. Annunziato agreed. Mr. Annunziato advised that if there is a motion to approve this aban- donment~ it should be subject to dedicating utility and Tngress and egmess easements with a hold harmless agreement for the Ci~ty. Mr. Lambert referred to the mechanics of this and clarified that if we make a recommendation to abaQdon this alley, ~in essence we are giving these people some property and we are asking to retain easements across the ~atire width of the abandoned alley. Is this done indiVidually by documents with the City giving a deed to these people? Mr. AnnUnziato replied that he was not entirely sure of the mechanics as it iS the City Clerk's responsibility. The abandonment is by resolution and this is worked out by the City Clerk and City Attorney. Col. Trauger MINUTES PLANNING $ ZONING BOARD PAGE THREE MAY 9, 1978 questioned how this goes to deed and Mr. Annunziato informed him that copies of the resolution go to the County Clerk and County Tax Assessor and they alter their legal descriptions accordingly. Mr. Lambert referped to the comments from the Department Heads and Utility Companies and stated that noneoobjected as long as easement rights-of-way are left across the entire width'of the alley and Mr. Winter disagreed. Mrs~ Huckle read Mr. Annunziato's recommendation whihh included all the~comments. Mr. Annunziato e!arified that some utility companies objected if an easement was not received. Mr. Lambertreferred to Mr. Clark's comment that the Utility Department would require a 29 ft. easement for egress and ingress on a 24 hour basis and Mr. Annunziato replied that we must have the ability to get to these easements. Mr. Winter clarified that the alley could be aban- -doned provided wecould use it at all times. Chairman Ryder clarified that it~meant nothing could 'be built on it, but it could be paved. Mr. Winter stated that it could not be used for parking andChairman Ryder replied that use it for parking as long as the cars could be moved in case nergency. Mr. Winter referred to relinquishing the taxbase to these people and Chairman Ryder replied that it is ques- tionable since they cannot build on it. Mr. Lambert referred to Mr. CesSna~s comment and stated he would like ~urther clarification on that since he says this alley cannot be aban- doned and he does not follow it up with requesting an easement. Mrs. Huckle referred to Mr. Cessna's reference to having a sewer line in this alley and Mr. Annunziato clarified that i~ we have an easement, it satisfies the-same basic requirements as a right-of-way for utili- ties. We must have access. He feels secure that a 20 ft. easement would satisfy Mr. Cessna's needs. Mr. Arena replied that he did not understand why we need 20 feet. In essence, we are saying not to a~andon it. Chairman Ryder explained that 20 feet was needed for~ truck access or to repair the sewer line. Mr. Lambertasked if there were two different types of easements With one allowing building on it and the other not allowing building? He referred to parking lots and fences being installed and stated that there are sewer lines to be considered. Chairman Ryder explained how a permit would not be issued to build over an easement. He added that if paving or fences were installed, these could be torn up by the uti- lity companies to make repairs. Mr. Winter questioned who would pay for these repairs and Chairman Ryder replied that the City has the right to go in and make the repairs, but he does not know if they are required to replace the paving and fencing. Mr. Lambert clarified that the.taxpayers of the City presently own it, then all of a sudden we are giving land to the propertyowners and they can make improve- ments, but if we have to get to those utilities we have to replace the improvements?' Mrs. HuCkle referred to the ho!d~harmtess agreement relieving Chairman Ryder replied that the applicants are aware of the ii He told about this procedure being followed previously. Mr. Lambert questioned the zoning of the property and Mr. Annunziato informed him that it is C-4. ~Mr. Lambert 'referred to the rear setback MINUTES PLANNING & ZONING BOARD PAGE FOUR MAY 9, 1978 and Mr. Annunziato replied that it is 20 ft., but he thinks it is less by the railroad. Mr. Lambert clarified that if someone wants to build, he.~could build to the easement and Mr. Annunziato agreed. Mr. Lambert referred to there being a la~ge sewer line in this easement and asked what would happen if there was a building at the edge of the easement and it must be dug up to get to the sewer line and Mr. Annunziato in- formed him that any damages resulting 'from servicing the utilities are at the expense of the owner. Mr. Lambert clarified that if this was left atone~ there would be another 20 feet to the sewer line. Lambert requested comments f~om theaapplicants. Mr. Edward H. Bauer, 617 N. E. 8th Avenue, appeared befmre the Board and stated as of the last-meeting, he understood that if this property isobtained by the various people interested, no buildings can be built and in theevent of an emergency, the City and utility companies can have access. ~etices were sent out and nobody has objected to this. They would be foolish to try to build a building oD/it and if someone did, it would be the property owner's responsibility~if it was torn up. Mrs. Holtberg's property has been paved and if it is tomn up, it would be at her expense. Hecannot see any major problem. This area will probably be used for'temporaryparking or access to the rear of the buildings for deliveries. Chairman Ryder replied that the Board would assume that~the people understand just what is involved and Mr. Bauer replied that he understands.if he obtains a permit and paves it and it is to~n up to make he would be responsible for the pa~ing~ added Annunziato did clarify to the that the City would be relieved of any responsibility if this goesthrOugh. Mr. Winter made a motion that the request for abandonment of the 20 ft. aR]eyeast of F.E.C. Railway right-of-way from 200 feet north of N.E. 6th Avenue to N. E. 10th Avenue be approved predicated on the continued Use of the alley on a 24 hour basis ~a!lutility companies including the City's sewer and water-crews, and there be a hold harmless clause for atl damage that might be ~ed by the City sewer and water crews and any other utilities. Mr. Jameson seconded the motion. Motion ear- tied 7-0~ (Mrs. Huck!e requested to be excused at this time and left.) Site Plan Approval Applicant: Village Royale on the Green (Irving Gross) ~Tabled) Location: 2600 N. E. tst Court Legal Description: Acreage P~ojeet Description: Two Story Recreation Building Chairman Ryder referred to this being tabled at the last meeting and suggested before taking any action to hear from Mr. Annunziato about any later developments. Mr. Annunziato read a letter from Mr. Marks, a partner of Mr. Gross, dated May 5 requesting this application to be tabled and same to be-forwarded to the City Council to determine vested MINUTES PLANNING & ZONING BOARD PAGE FIVE MAY 9, 1978 rights. He clarified that this application would not be forwarded to the Council, but the materials requested mustbe forwarded to the City Council and they must determine the vested rights issue. Chairman Ryder stated that it could be left on the table or taken off the agenda until requested. Col. TTauc ziato rep~ stated th~ reference be the pr( B~ard He,explai~ an approw the BuildJ required, if it is ret asked how the vested rights were determined and Mr. Annun- ied that it would be the C~uncil's decision. ~ol. Trauger Lt it ~would take a recommendation from himand Mr. Howell in to this and Mr. Annunziato replied that he thoughtthis would ~per procedure. Col. Trauger referred to it coming to the .n and Mr. Annunziato replied that this siteplan may not. Led how if it was determined there were vested rights as per ~d site plan, they would just need to apglyyfor a permit from .ng DePartment. Col. Trauger referred to extra parking being Mr. Lambert replied that parking would not be a question ned that thiswas approved with the original Site plan. Mr. Stated that he advised the applicants of the information make the vested rights determination and he read this from ,~ and stated that thesedocuments must be submitted. Mr. Lambert e~arified that he would make a'recommendation to the Council on this a~d it would not be a decision for the Board and Mr. Annunziato agreed. 'Mr. Lambert stated that this may automatically cancel itself out and explained that if the Council finds they have vested not substantial changes and the site plan is in next to seek permits from the Building on approval. Chairman ~der suggested ~is'on ithe tableand added that Mr. Annunziato would keep us leaving tl informed. Mr. Winte~ Annunziat¢ will happ~ from the ~aested ii thinks it NEW. BUSIN~ Site Plan AppI~ Loca~ Legs3 i~OjE refer~ed to the applicant playing for more time and Mr. replied that this matter is in court .now and many things ~n very shortly. Mr. Winter suggested possibly removing it genda and Mm. Annunziato replied that the applicant has re- to stay on the table and that is his recommendation as he is the proper thing to do until this is resolved. SS Approval cant: Robert S. Bacon 'ion: 1310 North Federal Highway , Description: .Acreage ct Description. Self-service carwash (U-Save Carwash) Mr. Annun~iato referred to the two page plan and expiained that this is a drive-t~.ru carwash located south of and adjacent to the existing drive-th~ carwash south of the Boynton Canal. He pointed out that there are no median cuts on U. S. 1, so access i~ from the south only. He read the stafff eo~mments that the applicant'will be required to have D.O.T. approval for curb cubs~ elevation for paving will be required, and the parking lot'requirements are noted. His comment is that 'the Mt~dTES PLANNING & ZONING BOARD P~S E SIX MAY 9, 1978 parking space adjacent to the dumpster will have to be deleted so access to the dumpster is available at.~all times. This plan conforms in all aspects to the zoning code and the recommendation is to approve it subject to the comments listed. Mr. Robert Bacon, 1408 Lake Geneva Drive, Lake Worth, and Mr. Philip Bacon, Lake Clarke Shores, appeared before the Board. Mr. Bacon told about being in the self-service carwash business in Lake Worth .and Delray Beach and advised that they plan a beautiful carwash for BOynton Beach. It-will not be the same as their competitor next door. Those who wantself-service will come to them and ~those who want more service will gotto the competitor. Col. Trauger asked if this was the high pressure, wand type method and Mr. Bacon replied affirmatively. Further 4iscussion followed about the car washing process to beused and the operation of the facility. Mr. Lambert moved that the Planning & Zoning Board recommend to the City Council the site plan approval for Robert S. Baconts self-service carwash located .at 1310 North Federal Highway subject to staff comments and recommendations. Mr. Winter seconded the motion and the motion carried6-0. Applicant: Frank J. Rella (Rella Plaza) Location: Federal Highway and Golf Road Legal Description: Acreage Project Description:~ Retail and Office Mr. Annunziato explained that this plan constituted some good urban renewal with some of the older buildings being, removed and being re- placed by a retai'l office complex. There will be 11,214 sq. feet devoted to office spadeand 17,371 sq. feet devoted to retail commer- dial. The parking requirement for both uses is 156 parking spaces, which are providedon the plan. This application is for the'SOuth- west corner of 23rd Avenue and U. S. 1 loopio$ aroUnd the Standard Service Station with frontage on 23rd Avenue and U. S. t. Efforts have been made to save the existing vegetation ~ith many large trees included on the site plan. One interesting feature of the plan is the service road on the south with dumpster facilities located there. He had some questions pertaining to the ability for a truck to turn in the 60 x 60 ft. area in the southwest corner, but it was checked and determined to besuf£ieient for trucks to turn. The staff comments are noted on the¢orner.of the plan. The Building Dept. notes that a masonry wall will be required pe~.ordinance~ he thinks the wall was not providedin oneloeation on the lot extending to'Golf Road on the east side. The Engineering Dept. notes that the parking lots must be 6" crushed rock and l"asphalt concrete. The Utility Dept. notes that it is subject to sewer connection, elevation to manhole marked on plan. The Public Works Dept mequ~es access to the dumpster on the west to be 12 ft. minimum. On the no,th side of the westernmost buitding~ there are two dumpste~s located and that access is too nar- rOW and the drive will:have ~o be extended to provide 12 ft. and the dumpsters must~be on concrete pads. The staff recommendation is to approve subject to staff comments. MINUTES PLANNING & ZONING 'BOARD PAGE SEVEN MAY 9, 1978 Mr. Lambert referred to the wall requirement and the 6 ft. wood fence noted on the plan. Mr. Annunziato referred to 'there being a residence to the east .and explained the buildings, wall and fence planned. Col. Trauger asked if the curb cuts were in and Mr. Annunziato replied that someare existing, but explained how the median cut in U. S. 1 would beextended to the north shifting the cut to line up with Hamp- shire Gardens entrance and the entrance to this site. Mr. Lambert referred to there being a residential use behind the service station and pointed out that 6 ft. wood fence was noted and Mr. Annun- ziato informed him that this is why 'the comment was made by the Building Official that wherever it is adjacent to a residential use~ there must be a masonry wall. -- Mr. questioned the zero setback of thewest building and Mr. Federal Highway is 'the front and ned that the zero lot line was allowed on the one side ~f 15 ft. is providedonthe other side. Mr. Arena referred to there being the possibility of a-fire and pointed out there would be no access on the one side and Mr. Annunziato explained how access could be obtained bythe firemen. Mr. Arena commented that evidently the Fire and Police Departments have approved. Mr. Arena to the requirement towwiden the 'access by the if it would do away with a parking space and Mr. Annunziato explained that the landscaped island would have to be modified ore!iminated. The members then reviewed and discussed the elevations of the building. M~. Lambert asked what the lines were in the rear of the west building and Mr. Annunziato replied that they were 6 ft. high fences. M.r. Lambert referred to fire truck access fo~ this area and Mr. Annunziato informed him this was nora road and the fire truck could not qetin, but the firemen could. ~r~ Lambert referred to Setbacks being neces- sary for emergency access and ~r.~Annunziato explained that setbacks were frontiQg on a street with an alleyin the rear. Chairman Ryder were required for light and~air. Mr. Lamb. err to the safety factor and Mr. Annunziato replied that he thought the safety requirements have been satisfied. Mr. Fernandez, Architectand Planner for this project, appeared before the Board and told about meeting with the City Planner, Fire Marshall, and City Engineer several times to clarify all the requirements. They have tried to comply with all the requirements and are following the code regulations. The owner is trying to save the beautiful old trees. He told about'the appearance of the buildings and court yards. SmalIer speciality shops are planned with offices in the back. He explained how yards in-the rear of the offices would give the benefit of light and landscaping to theoffices. He then pointed out that a 45 ft. tower was planned to be.la landmark for the p~Ojeet and hopefully for the City. He told about the construction materials and stressed that they wanted to enhance the area. Chairman Ryder referred to the zero lot line and Mr. Fernandez told about discussing this with the Fire Marshall and obtaining his appro- val. He added that this is the best use of the land considering the odd shape. MINUTES PLANNING & ZONING BOARD PAGE EIGHT MAY 9, 1978 Chairman Ryder questioned when Mr. Rella purchased this property and Mr. Fernandez informed him that he has owned the land except the piece that has access to Golf Road which he recently acquired for the purpose of having access from Golf Road since many people will be coming from the west from Golf Road. Also, he does not think the access will com- plicate the traffic on Federal Highway. He thinks it will improve the considered with cars going straight-across and being close to 23rd Avenue and Mr. Fernandez replied that he did not think the traffic from the eot to ~he~other would be major. Mr. Annunziato thought the revised median cut would make a better sit- uation. They~discussed furtherthe types of stores planned. Col. Trauger made~a motion that the-Planning & Zoning Board recommend to the City Council the approval of the site planof Frank J. Rella for Rella Plaza to be located at Federal Highway~and Golf Road subject to the comments listed by the Technical Review Board. Mr. Winter~ seconded the motionl Under discussion, Mr. Lambert 'asked if there would be exits in the rear ofthe west building and M~.~ Fernandez replied negatively and explained that rear exits werenot necessary if it is less than 50 ft. depth. Motion carried'6-0. Applicant: Keith B. Granger (Four Season~) Location: N.E. 17th Avenue and N. E. 4~h Street Legal Description: Acreage Project Description: 44 Apartments Mr. Annunziato explained that this was the property adjacent to the Four SeasonsCondominium with access to the development from N. E. 3rd Court. The application is for 44 apartments, four are two story eight unit buildings and three are one story four unit buildings. He pointed out that the buildings on the south were not scaled pro- perly on the plan as'when the architec~ drew the plan, he did not have the proper setbacks, but the room is there and the buildings can be shifted approximately 15 feet to the north. Chaimman Ryder asked if this was immediately to the eastof the present development and M~. Annunziato replied affirmatively. Mr. Annunziato continued that 88 parking spaces are required and 99 are provided. Mr. Annunziato then read the staff comments. The Engineering Dept. has required thesidewalk to be 1 ft. inside of the right-of-wRy, leaving 1 ft. for utilities or whatever purpose and he pointed out that it was shown with the sidewalk projecting rightto the right- of-way. Also, parking lots are to be 6~ rock and 1" concrete. There are sewer and water line extensions to be made and Mr. Cessna has noted that a bond will be required, easement required, and work must be done by a qua~lified utility contractor. The Sanitation Supervisor has noted that no underground garbage can's will be allowed in,this section and dumpsters are to be located by the Sanitation Supervisor. His comment refers to there only being a hal£ lan~ entrance on the easternmost parking lot and the recommendation is to construct south Circle Drive with two lanes and shift the road southward to provide two lanes of pavement. He continued that the MINUTES PLANNING & ZONING BOARD PAGE ~INE MAY 9, 1978 density a3~!owed is 10.8 units per acre and the build-out will be 10.4 u~lts per acre. All the units are zoning minimums. This plan does conform to the zoning code. The staff recommendation is to approve subject to the staff comments. Mr. Lambert referred to theparking necessary for the~recreation area and MD. Annunziato explained that the primary use of the parking shown was for the buildings, but there are extra Hpaces for this opensspace recreational development with no facilities. Chairman Ryderlasked if this phase was contemplated in the original plan and Mr. Annunziato replied affirmatively and told about the Council denying ~vested rights because of construction for several years and it now must be according to the current ordinances. Mr. Jameson questioned~the stipulatf must be done by a qualified Utilities contractor and replied that in developments of this size, the are beyond the abilityof a genemal ~lumbing contractor and ization ora utili- ties contractor to 'install sewer and water lines. Mr. jameson refem~ed to this not being required of Palmland and Mr. Annunziato informed him that-they already had their utilitiesin. Chairman Ryder added that apparently 'there have been problems:and this requirement is a ~afeguard for the City. Mm. Lambe~t stated that regardless who does it~ it is subject to Cityspecifications and Mr. AnnunziaTo replied that it must be Mm. Cessnats experience when a job is of this magnitude as opposed to installing plumbing in a bui!ding~ it transcends the ability of mostplumbers. Mr. Lambe~t'stated that i.f this was 'the ease, it should be included in the Code and Chairman Ryder explained how this'was just a s~eguar~ that theworkmanship will be good and the City inspector will not have to be there all the time. Mr. Arena referred to. possibly 'our bounds with making this kind of requirement and replied that he thought it was in order because the maintain these lines oncethey a~e installed. Mr., Lambert again just'what difference it made since specifications Chairman.Ryder replied that there are s~ecifiCations to specifications. The only way to conform is to have an all thetime. Mr. Lambert stated that to d~ctate to a developer that he musthire a qualified utility contractor is bounds. Mr. Annunziato ~eferred to the size of and Pointed out 7010 feet of water to extended which is beyond realm of work of a plumbing contractor. This is pluming,mb4 Plumbing is ties by one bond 'required and requested ties contractor. Chairman and stated bethought the Mr. A~ena disagreedand he be set and Chairman kyde~ el ari fi ed or utility extension and not just and the utili- referred to a of a qualified utili- point net to hie belabored the City. precedent would we are Chairman was s MINUTES PLANNING & ZONING BOARD PAGETTEN MAY 9, 1978 qualified and who knows what he is doing. Col. Trauger suggested hearing from the applicant. Mr. John Walker, 1200 S. Ocean Blvd., Manalapan, appeared before the Board and stated he was sure his utility man.would be acceptable to Mr. Cessna. This requirement does not pose a problem to him. Mr. Lambert asked if he wanted to besubjeet to somebody's whim in the Utilities Dept. and Mr. Walker replied that he agreed in'this respeet~ but the p~opte he employs amc ~qualified and expemienced. Mr. Annunziato clari- fied that Mr. CesSnats concern was not attempt to cause duress on any applicant. Mr. Walker suggested that this recommendation be checked with the City Council and.added that they have the right-to protect the City and Utilities ~rtment. Chairman Ryder'agreed that the City must be concerned as over the utilities. Mr. Lambemt asked if Mr. Walker was familiar with all the staff com- ments on the plan and Mr. Walk~m replied that he heamd them tonight for the first time and-theme are no pmobtems. Mr. Winte~ made a motion that the application of Keith B. Granger, Foum Seasons, at N. El 17th Avenue and N. E. 4th Street, rom a p~o- ject described as 44 apamtments be approvedand recommended to the City Council for their'approval subject to staff comments. Mr. Jameson seconded the motion. Under discussion, Mm. Lambert stated that he thought the comment by the Utilities Department that the work must be done by a qualified utilities contractom is ridiculous. The City haS conditions for installing City utilities, the contractor will be bonded, inspections will be made, and he thinks this reoommendation is unreasonable. There is no possibleway to define what this is sub- ject to. There is also no way to define qualified utilitycontractom. Mr. Jameson asked if this type of work was covered in the code and Lambert ~eplied affirmatively. Chairman Ryde~ clamified, that the.code is not a gu~mntee of womkmanship, but only spells out what ~shou~ be done. Mm. Arena Stated that it is our Building Departmentts obliga- tion to make sure it is done according to code because they are in charge of enforcement of the omdinance. He also questions how a qual- ified utilities contractor ~an be determined. Further discussion followed about the r~sponsibilities of contmactors. Motion camried 5-1 with Mr. Arena dissenting. Mr. Lambert stated that he approves the project except for the comment made by the Utilities Director that a qualified utilities Contractor ,~iS ] He objects to this requirement. Mr. Arena clarified that he ~s favor of theapplication, but thinks we as a Board and the City Council should examine Mr. Cessna~s recommendation and check if we are not over-stepping our bounds with this recommendation and he strongly urges seeking the City Attomney's advice. OTHER BUSINESS Chairman Ryde~announced that he would like to discuss the meeting with the Tecb~cal Review Board held last week. The summation is that the Building Official wants it back the wayit was before with the sole jurisdiction being with the Building Official, but most of us from the MINUTES PLANNING $ ZONING BOARD PAGE ELEVEN MAY 9, 1978 Board feel this.is not the proper thing to do because plan review belongs in the area of public hearings and helps us in our Work in developing the City. There.was discussion.about possibly excluding additions and alterations and possibly common ground can be reached on this. Mr. Howell suggested not referring matters to the Board under 5 acres, but he does not agree with that and would like to point out that Rella Plaza,is 3,6 acres. It was suggested thateveryone submit their,own recommendation, but he believes we should make a decision by the Board. Col. Trauger qUestioned the comments from the Technical Review Board members and Mr. Lambert replied that most of the~ Department Heads were there and it was bis impression that they do not have any problems with the existing site review process, except for ~Mr. Howell. Chairman Ryder agreed that Mr. Clark and Mr. PCessna did not feel the procedure posed any problems and it is primarily the Building Official who wants things changed. Chairman Ryder refermed to having a similar procedure in the past and added that you never know who is going to be the Building Official. He feels he must know what i~ going on to do the job on the Board p~m- perly and he wants the public to,know. Our objectives are different than Mr. Howell'S. A meeting is scheduled for tomorrow at 2:30 P. but he doesntt see anything in the way of compromise. He thinks we will have to make our recommendation to the Council. For those mem? bets unable to attend tomorrow, he would like to hear their cOmments. Mr. Winter referred to Mr. Howell constantly talking about delays and stated that the letter from Ward Cummings had nothing to-do with the Planning & Zoning Board, but referred strictly to the operation of the Building Department. He told about deve~DDmmssubmitting simple ap- plications and having to wait a week to ten days for the Building De- partment to review the plans. Chairman Ryder agreed that it was not this Board discouraging builders. Col. Traugerreferred to Burger King having nothing to do with the Planning & Zoning Board and Mr. Lambert added that a corporation like this certainly would not Object to going through the p~ocedure and never made the statement they would not build in Boynton Beach. Col. Trauger referred to the previous procedure and explained how it was operated with the Building Official having total authority. Our Board is the only eye for the public in this total operation and to do away with it-would be disasterous. Chairman Ryder referred to there being comments about Sand Hill and stated that'the defense used was the public hearings held. Mr. Arena stated that after reading the minutes, he was in agreement and does not see any g~ound for compromise. Mr. Winter replied that possibly there.are some exceptions such as the canopy at the bank. Mr. Arena replied that he thinks all the compromise is coming from this Board. According to the minutes, he feels Mr. Howell is unwilling'to compromise. The comments made by him about us operating illegally shows MINUTES PLANNING & ZONING BOARD PAGE TWELVE MAY 8, 1978 unwillingness to cooperate on his part. He has devised his plan for operation and he wilI stonewall us. He told about having dealings with Jack Barrett-and told how some people got permits and others d~d n~t. He does notthink this is the way a City should operate. There are possibly some things which the Board and CounCil do not have to look at, but there are.minor things which bring up questions and he.referred to the ~aalified utilities contractor required tonight. He doesn't think the plans can be looked at enough. Chairman Ryder how the difference was review on the~legisla- tive to review on the administrative level being done with one person making the decision. By the present process with the Council makingthe final decision~ the decision is made by a body which is responsible without giving the responsibility to an individual who can give leeway or play favoritism. Mr. Lambert asked if any of the members had given further consideration to possibly eliminating reviewof alterations and additions? He thinks possibiythe City Council does not need to see site plans except when they pertain to subdivisions, rezonings and major projects. This will not save much time, but we do not feel time is the problem and it will relieve somebody from going thrOugh the appearances. Chairman Ryder replied: that he was reluctant to recommend that the City Council not review the plans. It is part of the present procedure and he would be inclined to let it go the way it is. He thinks the Council should make this decision. Col. Trauger suggested that we submit a firm- reeommendationto the City Council. Mr. Annunziato informed the Board that it~ was their responsibility to make the..recommendation to the Council and explained that it should be done by the Chairman and he would not be involved. He thinks the Board should discuss their position after tomorrow's meeting and their recommendation be drafted by the Chairman or a sub-committee-for review at the nextregular meeting. The members agreed to this suggestion. Mr. Jameson stated he did not agree with Mr. Howell's statements on page 3 reqarding the procedure being illegal, the State Legislat~rs thinking the municipalities are coding the people to death, etc. Chairman Ryder agreed and stated if there is a question about the legality~ it can be made legal. Mr. Arena told about having intentions to attend this meeting; however, after reading the minutes of the last meeting, he does not see any sense in it. Mr~ Howell's whole case is based on the code book, but he does not bring out that there are two different things in the code book and he only brings out the things he wants. We are operating by code. A decision must be made by the City Council. Mr. Howell wants things to go back like they were five years ago and he cannot under- stand the Council entertaining such ani~dea and he explained. There was further discussion about the procedure and Mr. Jameson referred to the members of this Board being appointedby people elected by the residents of this City and he thinks we should make our recommendation and he believe~ th~City Council has certain respect for us and .Wil! read our recommendation and make a decision. MINUTES PLANNING & ZONING BOARD PAGE THIRTEEN MAY 9, 1978 Mr. Lambert urged all the~members of the Board to attend the meeting tomorrow and explained how he thought it was their responsibility to carry out the instructions of-the City Council in order to-make a recom- mendation. Chairman Ryder agreed. Mr. Arena replied that.he just did not see anyway that this could be worked out. He explained how he thought our opinions were given consideration at Planning L Zoning Board meetings, butat the meeting tomorrow this would not be done. He does not feel he has to justify to Mr. Howell what he is doing as a member Of this Board. He only feels justification is due to the City Council. Mr. Lambert referred to the result of these meetings possibly being the elimination of additions and alterations for review and Mr. Arena replied that this was not a result of what Mr. Howell is s~ying, but because the Board has felt for years this was not necessary. This was knoWn all along. If he thought this was what Mr. Howell was look- ing for~ he would agree. Mr. Jameson asked if it would be worthwhile to review the minutes for the last few years to note significant statements made and contribu- tions from the Planning & Zoning Board and Chairman Ryder replied that he did not think it was necessary forthe meeting tomorrow, but-we may want to submit this to the Council. ADJOU~R4ENT Chairman Ryder urged all the members to attend the meeting tomorrow. Col. Trauger made a motion to adjourn, seconded by Mr. Jameson. Motion ,carried 6-0 and the meeting was properly adjourned at 10:10 P.M. Respectfully submitted, Suzanne M. 'Kruse Recording Secretary (Three Tapes) AGENDA PLANNING AND ZONING BOARD Regular Meeting DATE: TIME: - PLACE: May 9th, 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. Public Hearing: Abandonment Request Applicant: E.- H. Bauer AND Evelyn Raulerson (Hearing continued from Planning and Zoning meeting of April 25th, 1978) Legal Description: see attached Project Descripti6n: Request to abandon h0 ft. Alley Eas~ of F.E.C. Railway right-of-way from 200 feet North of N.E. 6th Avenue to N.E. 10th Avenue B. 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 (TABLED) 6. New'Business: A. Site Plan Approval: Applicant: Robert S. Bacon Location: 1310 North Federal Hwy Legal DescriPtion: acreage Project Description: Self-service carwash (U-SAVE CARWASH) Applicant: Frank J. Rella (RELLA PLAZA) Location:. Federal Highway and Golf Rd Legal Description: acreage Project Description: Retail and Office Applicant: Keith B. Granger (Four Seasons) Location: N.E. 17th Avenue and N.E. 4th Street Legal Description- acreage Project Description: 44 apartments