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Minutes 01-24-78MINU~ES OF THE REGULAR MEETLNG OF THE PLAN~ING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA T~SDA~, JANUARY a4, 1978 AT 7:50 P. M. PRESENT Simon Ryder, Chairman Col. Walter M. Trauger, Vice Chairman Ronald Arena Marilyn Huekle Joh~ Jameson Richard LamBert ~ry Winter Carmen Annunziato, City Planner Chairman Ryder called the meeting to order at 7:30 P. M. and introduced the members of the Board, City Planner,_ and Record- ing Secretary-. He also acknowledged the presence of Miss Sandra Wesley, representing the Boynton Beach News Journal. Chairman Ryder referred to being unable to attend the first Board meeting of the year because of a death in the family and stated .he was gratified upon returning home to find at that meeting, the members of the Board showed confidence to designate him as Chairman again this year. He was also pleased to find that Col. Trauger was elected Vice Chairman and thamked him for presiding in his absence. He then ack- nowledged the new member of the Board, Mr. John ~ameson, and told about his activities in the City and stated'he was~sure he would make a definite contribution to the Board. He also welcomed the former members back and stated it was a produc- tive year last year and he hopes this year will be equally as productive if' not better. ~NUTES OF JANUARY 10, 1978. Mrs. Huckle mewed te accept the minutes of the Planning & for Tuesday, January 10, as submitted, seconded by Mr. Lambert. Motion carried unanimously. $.bandonment Request Walter L. Holly Legal Description: 10 ft. unimproved alley lying between Lots 92 & 93, Arden Park, Plat 2, Page 96 Location: Behind 403 N. E. 6th Avenue Description: Abandonment of ~0 ft. Alley lying between said lots Chairman Ryder.requested the City Planner to give some input on .this. Mr.~ Annunziato stated .that it has been properly pointed out that this is a 10 .ft. alley located between Lots MINDTES PAGE TWO ~NNING & ZONIN~ BOARD JANUARY 24, 1978 92 and 93 which runs perpemdicmlar to N. W. 3rd Street betweem 6 and 7th Awemues. The various de and utilities were contacted and all responded with This is also his recommendation. Chairman Ryder asked if there was amybody present i~?re~resenting ant who wishes~to speak on this request. Mr. Walter Lame, appeared before the Board amd stated he like to have' the easement taken away so he cam improve the property. Chairman Ryder asked if he owned beth lots amd Mr. Holly replied affirmatiwe~. Chairman Ryder asked if a~eme else wished te speak and re- ceived no response. He the~ asked if anyone in the audience wished te speak in opposition to this applicatiom and received mo response. Mr. Lambert stated that since the applicant ewr~ beth lots and there is me opposition, he does net see a~¥ reaso~ for not recommending this. Mrs. Huckle stated she also had mo objec- tions. Chairma~Ryder referred to him and Mr. Jameson lookimg at this and told how it was entirely umimproved. There is mo indication physically of any right-of-way and he sees ne pro- blem. Mrs. H~ckle made a motiom that the Plamning & Zoning Board recommend te the City Council the approval of the abandor~ment of the 10 ft.~unimproved alley lying between Lots 92 amd 93, Arden Park, Plat 2, Page 96, located behind 403 N. E. 6th Avenue. Mr. Lambert seconde~ the motion and the motiom car- ried 7-0. Annexation Re~..uest ApPlicant: Irene Hall Bowers · ' - N.S. Boynt~ Estates Corp. and Legal D scrmption~ Lot 65, Lot 69, Amended Plat of Trade Wi~d Estates Location: 39~0 N. Federal Highway AND 2923 S. Federal Highway Chairman Ryder announced that these tse lots are at the south ex~remityof the corporate limits of' the City and that accounts Her the fact it is listed as South and North Federal Highway. _tn addition te the request~for annexation, there is also a request for establishing C-3 zoaing. He then requested fur- ther in~t EromMr. Annunziate. Mr. Lambert stated that be- cause Mrs. Bowers is a client of his, he will net participate in the discussion or ~oting on this and stepped dowm. Mr. A~nunziate explained how there was a split in the govern- ment responsihilit2 of this property and stated it was almost impossible 'to develop them with the two govermments. This is the £±rst annexation subject to the mew Annexatiom Resolution. MINUTES PLANNIN~ & ZONING BOARD PAGE THREE JANUARY 24, 19?8 He explained how the resolution required the application to be placed on the Council agenda for action and then comes back to the Planning & Zoning Board for the request and zoning. He advised that this Property is almost adjacent to the Texaco Station om U. S. 1 and then read the following report: "The property in question is currently designated 'RM' - Resid®mtial. Multiple Family District; medimm density - on the Palm Neath countyFuture Land Use Plan. Theceunty zoning classificatiom o~the East 250' is 'CG' General Commercial and 'RM' on. the remaining portions.- This ha~ an affect on the request submitted hy the appli- cant for '~'3!..- Community Commercial Zoning - as the Florida Statutes require lands annexed to con- form with the County ~se'Plan in terms of demsity (Units per acre). There is some question as to whether or not this 'density' limitation is in cases where an applicant requests changing the fui land use from residential to commercial on small tracts of land. I have been in contact with the Palm Beach County Planners, and they suggest that the procedure necessary to clarify this problem would be for the City Council to pass a resolution reque the COUnty Commission to change the future land mse .from residential to commercial for this-parcel. Therefore, if the Plamning & Zoning Board recommends that the zoning requested by'~..the applicant is appropriate for this location, I recommend that the Board request the City COuncil to pass a resolutio~ as mentioned above." Chairman Ryder clarified that this parcel consisted of the both lots and Mr. Annunziate agreed. Nm. Annunziato referred to the materials he forwarded with the application and stated that it was shown that there are two parcels. The land should properly be developed in the C-3 zone. It is on U. $. 1 and he believes that is the classification. He re- ~erred to the departmen form and stated the only applicable remarkreceived was at the time of development, it will be necessary to provide a fire hydrant for this site. Chairman Ryder referred to the Texaco Station being zoned C-3 and according-to the Count~, it is designated General ~ommer- cial. He can see where it would be advisable_to go to the County, but does not anticipate any problem because most of the lots are zoned General Commercial., Mr. Annunmiato re- plied 'that he received the same feeling from the county Plan- ners and does not think there will be any objection. Col. Trauger added that he thought it should be done by resolu- tion to establish the principle. Even though this is rather simple, there will be others to be considered. Mr. Annunziato added that this was the type of practice used by ether cities MINUTES PLANNING & ~ONIN~ BOARD PA~ FOUR JA~ARY 24, 1978 in similar situations. The County Commission has been rather cooperative and he beliewes it is the proper way to ge as it will clarify the situation forever and always. Chairman Ryder asked if anyone wished to speak on behalf of this appliCatiom. Mr. Willard Bowers appeared before the Board and adwised that he and his wife own this land and are ~ery anxious to get this straightened out in this manner. He agrees with the statements made. The principle thing they are anxious to-do is get it annexed so they can build, sell or lease it. As it is now, they cannot'mdc anythimg because ef the differences in the zoning and having part in ~ty and part in the County. There are two buildinga~ which apply, two community regulations, etc. He ~ad · to lease, it to a very pro£itable orga~a- tion, ~own because of this. They are get this out. The piece of ,ly to them, se it ~ piece of property. Lt should be in ~( and zoned as one piece of land. He ~er on the good investigation. Chairman Ryder asked if anyone else wished to speak in favor of and received no response. He asked if to speak i~ opposition to this application and receipted no response. OhairmanRyder explained how there was an uneven configmra- of the Oity in this area. Mr. legal description noted would bring the line across U. S. ! to pick up that portion of Mr. Arena asked if amy other property woul~ be split and Nm. Annunziato replied negatively and stated that it would just annex the highway.-, He explained how rights-of-way had been excluded in other annexations. clar~ quest their was not Chairman~der suggested studying the report of the Cit~ how to treat this and Pointed out that we should ~e~' the City Council to pass a resolution to the'effect .that be apprised~ef this mat~e~ and request a change. Mr. Amnunziato clarified that his commendation was this annexation request ~e re- commended and request the City Council to for- ward a te the County Commission requesting the b.e changed te allow commercial zoning Board recommends be C-3.~ Chairmam that it would be approving' annexation and Mrs. Huckle questioned if we-should first re- to ask the Commission to change ~er the problem the designation om. the Landl ~se Plan.. Disc~ussion followe~ regarding the proper procedUre to follow. MINUTES PA~ FIVE ~ING & ZONING-BOARD JANUARY 24, 1978 Mr. Arena made a motion that the Planning & Zoning Board recommen~ to the City Council to pass a resolution request- ing the .County~o.mmission to change the fmt.ure land use designation from residential to commercial for the appli- cant,.Mrs. Irene Hall Bowers, for the property located at and further recommend the City zoningm. Mr. Winter seconded annex this the mot. it must and it ,the County first. Discussion followed Use Plan and how it pertained to then asked if not request for Mr' it would be valid because commercial on the zoning map, it is commercial property a_nd is on U. S, 1. Motion Antemna Heights Chairman Ryder announced that as a result of attempting to height regulations, there have The City Council recently estab- lished a moratorium on the enforcement of the antenna heights with the intent that the gity review the regulations. The City COuncil has requested that we proceed with a public hear- ing. will receive input from the people for and matter, but no action will be taken tonight. The of the Board want to listen to the contentions and and following this meeting, subsequent meetings will ~et up to explore this further with the Board finally making~a recommendations'to the City Council. He then read the present regulations, Section. 4F4 on Page 14A. He clari- fied ~st residential zones, the maximum height 25 ft. amd 10 ft. is allowed a~ove the top of the a single family home~:~ ~ut no higher than 35 ft. total. He referred to this being discussed at the City September 6 1977, and read statements re problems faced b~ the people from the minutes. Chairmam Ryder asked Mr. Anmunziato if he had any additions before the audience ~as heard. Mr. Annunziate informed the Eoard that he. met with the electrical engineer of the ITV station to get a feeling of the problem. He explaimed hew television rece~.~ion was~caused by the height of the and by raising them, it reduced the inter- ference. ~,. ~2 raising it, it would extend the inter- ~' area.. It is thought possibly there are being to transmitters to get power fer~a ~etter range, is a certain limit of how much power you cam broadcast with and there are ways to increase this power by adding ~ooster units which are illegal. If this MINUTES ~PLANNING & ZONING BOARD PAGE SIX JANUARY 24, 1978 is a problem, the FCC can be contacted~to monitor. There are also devices available which cam be attached to television receiwers to remove interference. Chairman Ryder referred to the IT~ station recently increasing their and told about b~ying a FM trap for his television to e. the interference. He then stated that before on the 'members of the audience, the Board is aware established a height of.65 ft., but we are not to that standard set. He then requested the to and state their name and address. He that will ~e recorded, so themembers the recommendations and comments es. Mr. James Jones, owner of J & G - CB Equipment, appeared fore the Ne told about appearing before the Board ap- years age and obtaining permission to install an antemma 45 ft. high. The FCC has given permission to go to 60 ft. high~. If this law is passed, there will be no CBers left in this City. He told about mine or ten people monitor- ing their radios 24 hours per day for emergency calls which resulted in saving approximately 25 li'~es last year. Withomt the proper antenna system, they cannot talk more tha~ three to four miles. He requested to put his amte~ua higher a~d raised it to 55 ft. and eliminated his problem with Village Royale on tihe Green. About 1½ years after that, he was re- qUested to come before this Board and state why he had it so high.. The antenna height ismost important for a CB. The antenma at ~illageRoyale on the Green is higher than 45 ft. and his antienna went directly ~nto it and removed the pic- tures from most of the residlents, television sets and all they could hear was his voice. He in~ested $1,000 into a proper an~ to the pe o~le bleu is not~ ~lOse to interf it and raised it to 55 ft. above his roof accord- ints he submitted. If a GB antenna is blem. ~there a decent hei, are 5 watts going emt, three homes next it elimimates the Chairman Ryder stated that the CB interest in going higher is to increase the range and Mr.. Jeaes informed him that he could have a walkie-talkie i~ this building and talk to explained how the skip conditions affected the He ad,ed that the television trap Mr. Ryder referred to would ~ot work on ~Bs. Mr. Annunziato asked him what the three most important reasons would be' for raising the antenna height to 60 ft. and Mr. Jones replied that it would satisfy the CBer so he could have MINUTES PLAN~ING & ZONING BOARD PAGE S~N JANUARY '24, 1978 a nice antenna at a legal height and would mot have to use illegal equipment. Also, 90% of the CBers want to talk skip. The person who is forced to keep the antenna at 20 ft. must cut 2 ft. off the antenna and must have at least 12 to 13 ft. above the building to out of radiation. It will elimin- ate half of ~r. Annunziato asked if he understood that the regulations allow the antenna to exceed the house roof by 15 ft., but not more than a total o~: 25 ft.. and Mr. Jomes replied affirma- tively and explained that the 22 ft. was the shaft from which youtransmit from amd 'allowing 25 ft.~is allowing the poorest conditions. He also explained that the F0C realized this was camsing the problems and :raised the height to 60 ft. ChairmamRyder asked if filters could be introduced in the transmission line and Mr. Jones explained how they would only help BeCause the newer color televisions do not-have the fil- tration. Chairman Ryder referred to the transmission on a22 ft. and Mr, Jones replied that ½ and ~ is for beginner CBers. If they want to be a radio operator, it is possible.to talk 149 miles. A 5/8 wave is 22 ft. tall and all beams are 18 ft. tall. Chairmam Ryder asked if he was contending that we have to see to it that OBers must go 150 miles and Mr. Jones clari- E[ed that he was contending if a CBer spends money, he should ha~e the right to talk £rem here to West Palm Beach. Ne added that they. monitor Channel 9 and report most of the accidents only Because their antenna covers a 10 mile range. Mr. Winter stated that the CB was designed originally to cower a 10 ten mile range to. get local reception and Mr. Jones disagreed and explained, how idle chit-chat was now allowed only Because the cha~uels were increased from23 to 40 and all radios were modified. Mr. Arena asked what he felt the maximum height should ~e and Mr. Jones replied that he thought the FCC regulation of 6:0 ft.. was proper, but agrees it should be a safe antenna. Ee added that he volunteered to go ~around and inspect them and does install towers. Mr. Arena clarified that he meant 60 ft. from the ground and Mr. Jones agreed or 20 ft. abowe any mam-made structure. He added that he felt they were discriminatingagainst a one story Building since a four story ~milding can have an antenna on top and they inter- fere with it by being low. This is being discussed Because of the complaints from V~llage Royale on the Green. He explained how am antenna at the wrong position could destroy an entire neighborhood. Chairman Ryder clarified that there were ~wo major concerns - appearance and safety. Once an antenna is installed, nobody looks at them and there could be errosion and there could be MINUTES PLANNIN~ & ZONING BOARD PAGE EIGHT JANUARY 24, 1978 a problem with winds and Mr. Jones agreed. Mr. Jones added that he imstalled the Fire Dept. tower and there is no corre- siom. Chairman Ryder ~eplied that this was not the same category. Mr. Jones explained how commercial towers were dippedand mgalvanized a~d will net rus~. Mr. ~ones leavi~ the rule as it is and re- Mr. Annunziato referred to the commercial grade materials and Mr. Jones replied that as a CB skop, he could only sell commer- cialgrade, it was a problem with cheaper grade pipes Being purchased, suggests that i£ a CBer makes a request for a higher antenma that it should Be inspected. When he was given a permit, he submitted a blueprint, But he could have put up anything as it:wasn't inspected. ~hairmanRyder clarified that if. the ~t to the point of recognizing higher tennaes, the Department would be Brought into the picture with presentation of pla~.~s, inspection, etc. Mr. Jones stated that two years ago, the antenna height was 45 ft.; however, a petition was presented from Village Royale on the Green about his antenaa. If they ask e~eryone to lower antennaes, they will have an extra 600 complaints in one momth. Mr. Annunziato referred to the commercial antennaes amd ques- tioned engineer drawingsbeiag required for being secure and .Mr. Jones explained how the towers met national specifications. Mr. Annunziato asked if they were approved by the Southern Standard Building Code and Mr. Jones replied affirmatively. Mr. A~nunziato asked if permits were required and Mr. Jones re Mr. Ann~nziatoasked if a permit was required for a 30 antenaa and Mr. Jones replied that the , But the Co~uty only required a He agrees everybody should have a permit amd all antennaes should be installed safe~. He does not thi~k the. Cityshould go against a nationwide rule. It has been resear!ched completely. They will eliminate ]/3 of the amplification problem by allowing people the legal ~i~ht. ~. Lambert asked if CB antemnaes should not be allowed to be low and Mr. Jones replied that this would not be a pro- blem as all the CBers would voluntary pat them higher. Mr. Lambert clarified that the higher the antenna, the lower the interference and Mr. Jones agreed as long as it is a legal statiom. He explsined how the curvature of the earth af- fected it. Mr. Jameson~.referred to the possibility of hav- ing 60 ft. antennaes 60 ft. away~~ and questioned the problems how only one would be able to talk at one time. Mr. Lambert referred to voices interfering on his television set and .M~. Jones explained how the CB trans- mission affected Chamnels 5 and 2. MINUTES PLA~ NNING & ZONING BOARD PAGE NI~ JANUARY 24, 1978 Mr. Ernie Price, S. W. 23rd Avemue, appeared before the Boar4 and told about having a mobile rig and base statiom. He told about using his CB to save lives at am accident om 1-95. He told abomt studying radio and being legal for 250 watts. Chairman Ryder referred te his base installation and Mr. Price informed him that he has a 40 cha~mel radio. He then told about first ins~alling an 18 ft. a~tenna mounted om a 10 ft. almmimmm.pole, buttwo days after it was ~p his neigh- ~or complained~ about having the Delray Beach Police Department coming into his i~ercemim his home. He offered to buy this meighBor a filter,, but instead weumd up putting up a 40 ft. tower mounted ~n 3 ft. of concrete ~ache4 to his house. Since this antenna has been he lowers his th~ tenna is strap~d t( sion amten~aes im his did not. mot imterfOre talkingto all over antennaes IZ to 20 ft,, ~talled, his neighbor has mot during winds some televi- have come dowm, ~ut his high, it will then told about omhis radio. If the do more harm than help. Beach area to lower im the area will watch Chairman Ryder referred to the contemtion that the higher yom better~the range and .~uestioned the good mobile rece~ Mr. JOnes explaimed how this was based om atmospheric comditio~s. Mr. Les Gershberg, ~951N. E. Ist Way, appeared before the Board and stated he appeared before this Board about two years age and submitted prints and was allowed to go 45 ft. on a tower. Mr. Lambert asked if he came before the Plam- ning& Zoming Board them and Mr. Gersh~erg replied affirma- tively and referred to some of the same members b~eing on the Board. He stated he would like to knew what the maim com- plaint about the antennaes is. Ne has lived here for five years a~d has had an antenna up for five years. About two years ago, a building inspector came an~ informed him that he needed ~. Chairman RYder stated that the appear- ~ance and ~ were the concerms. He added that the fact that some of the high installations were never approved and not checked, possibly something could happen. Mr. Gershberg stated that in reference to appearance, he has to look out his back yard at a house painted .orange with gree~ stripe~. He s~ showing the ¢onstructiom of his t~wer, but up recemtly, he put mp another anter~a ft. the greed against his house as am ex- periment, to change his phone mumber four times cause of c¢ from Village-Royale om the Greem. The MINU~S PLANNING & ZONING BOARD PAGE TEN JANUARY 24, 1978 mail he received was ridicmleus, people knocking on his deer, etc. Since he pmt up the higher antenna, he has net heard from Village Royale on the Greem; however, during the last two months, a day has mot gone b~ without being contacted by them. He feels the ante~n%aes must be kept up to keep peace in the neighb~orhood. As far as appearance and safety, the individual lives there and' it will fall on his house and he mmst ~ for it. Mr. Lambert referred to when the Board granted permission and asked ifa building permit was reguired and Mr. Gershberg re- plied that it was not and the Building Official said it was. not necessary. He asked about getting a permit, but was told it was not needed. Mr. Lambert stated that when this came up last , it originated from the Building Department with them a problem of antennaes without permits. Mr. Gershbemg told about coming across Mike Rubin's television, a Department employee, and being informed to go this. Mr. Gershberg then told about the sending~egistered letter recently gi~ing ma~y days to tak~ the antenna dew~. Mr. late stated he recalled the past regulation provided for & Zoning Board-to issue exceptions to~.~he height ordinance. He discussed this extensively~with Attor- ney Reed whether the Planning & Zoning Board had the author- ity to issue a variance to the zoning, regulations an~ Mr. Reed con~ended they could if it is regarded public welfare and that is conditions were included. Mr. Lambert ~ed wasn't beingdene that way and Mr' Jones stated they were ne~errequested te go thromgh anything. Their were up for two years a~d then the Building Departmen sent letters. Mr. An~umziate read the regmlations applying to exceptions and Mr, LamBert suggested possibly including residential CB antennaes in Paragra~ 2 w~ld possibly solve the problem. Ne referred to these people not having relief and Mr, Annun- ziato replied that they could go to the Board of Adjustment. Chairman ~der referred to exceptions having been granted by the or various items. ziate replied they were talking about all antennaes. Mr. Payne told a~o~t television antennaes being higher than his ground plane and his CB causing television interference. After receiving complaints, he put his antenna dowm to 35 ft. and t~is resulted in ringing ~is neighbor's phone. He the~ put i~ up te 45 ft. and doesn~_~~a~ybody in his neigh- borhood. He explained how it'was mounted on a push Dele, strapped to the side of his house, mounted 2 ft. deep in MINUTES PLAtINa & ZONING BOARD PAGE ELEVEN JA~ARY 24, 1978 concrete and guyed four times. If a wind comes, he will take it down as he has too mmch'money invested. Ne ham many trees and the ~_~tenna can only be seen from his drive- way. Ohairma~ Ryder stated that if it is 30 ft. above the cambe seen and Mr, Payae replied that the trees 40 ft. high. relationshipbetween his Payne imf his hoUSe. he tele~isiom levision~ 15 if~his transmit replied that i2 th the countr2' and til she went higher. ~om~ ed, Ryder questioned the ~GBantennaes and Mr. 10 ft. apart on above his roof. tele- 5, but He added that was turning her neigh- Mrs. Huckle asked if did this too and Mr. replied transmit, about their television anten- it. Iu his , he got away be l~wer- Mr. Lambert peak of higher to reading about transmissions becomImg to come and Mr. Jones agreed and year skip and were coming to the Lambert asked if it would necessitate a Mr. JOnes replied negatively. Col.. referred to an antenna~ being bolted to a tree in his Mr. Jones informed him this was legal according to FCC regulations. Mr. Edward 1611 North Seacrest Blvd., appeared before the i stated when he first put up his umit, he had problems with hisneighbor to the right. Being a good neighbor he moved it away from the one side of the house to the He then he has If he must him, he will h.a~e been mete watching blem and he eliminate the and them gave problems to two neighbors. ~t is 60 ft. from ground level and and the neighbors are happy. but when the neighbors call City. His tower and antenna and it is legal. He also enjoys understand his neighbors' pro- interfere with them. He can only b~ going up. Chairman Ryder then the audience had their antennaes and complaints. most of the people in changing the heights of had problems based on neighbors' ~1. Trauger questioned the number of 60 ft. towers which woul~ ~e erected in Boynton Beach and Mr. Jones informed him that he could drive him to 800 homes having at least 50 ft. MINUTES PLANNING & ZONING BOARD PAGE T~EL~ JANUARY 24, 1978 antennaes in the Cit~ limits. Col. Tramger asked if the higher ones should be Brought down and Mr. Jones replied that he thought they should all be according to FCC regu- lations.. Mr, Arena referred to allowing 60 ft. antennaes and aSked how ma~y boosters would be eliminated and Mr. Jones replied that in his cpiniom, if they could talk to West Palm Beach with a higher antenna, they probably would not use boosters. Mr. Arena asked if he thought linears or the height of the amtennaes was causi~ problems a~d Mr. Jones replied that it was mostly the antenna heights as that is the factor. He explained how a properly co~ antenna could be safe- Mr. Winter re- moon s replied that he Es eno and center antenna was at 55 ft. and the He found a height where he could get off~' telev: Mrs. Huckle asked the CB antennaes that a person would want high and Mr. Jones told ~about havinggood reception on his television with the an- tenna 20 ft. high. Chairma~ Ryder clarified that CBs transmit that is the source of imterference. Mr. Jones all they were arguing about was inte.rference from the He requests that they be allowed to talk wd power. Ne suggests that a CB antenna structure at 60 ft. and the television antennaes can be lef at 15 ft. Mrs. Huckle referred to ham radios and Mr. Jones informed her that a 200 ft. antenna was legal according to FCC regm- lations. Mrs ckle asked how high their antenna would have to be to make effective and Mr. Jones explained how the style of the antemna was different and 30 ft. laying flat would be sufficient. ~Mr. Lambert clarified that the ham people womld be satisfied with that and Mr. Jones agreed. He clarified he was not asking for 60 ft., but a good construction 45 ft. with a safe antenma on top. Mr. Walt Koor, 602 N. W. 5th Street, appeared before the Board suud stated he had not received any complaints, but has a 52 ft. jackup tower. He works on it every six months and cleans it. ChairmamRyder asked if it was guye~ and Mr. Koor replied affirmatively and explained how it came in two 20 ft. sections with a 10 ft. galvanized pipe holding it. ~. Jones adde~ that ~it is mounted to the house at 12 ft. and guyed at the top.. ~hairman Ryder questioned how it was lower- e~ and Mr. Jones explained how it had a telescoping mast, but must have or would ~low down with a 10 mph wind. Mr. Winter to and Mr. Jones explained struction.. Ryder questioned the construction of his tower and ~. explained how it has 1" tubing in three places and the pla~eonly needs a push-up pole. He MINUTES PLANNING & ZONING BOARD PAGE THIRTEEN JANUARY 24, 1978 referred to there being a tower on 14th Street not being maintained. A mam in the audience added that as far as pre- ventative maintenance, with having this m~ch money imvested, they will make sure it is maintained. He has a rotating antenna and greases the bearings, etc. regularly. He takes pride in his equipment. Mr. Bob Sowers, 281N. E. 16th Avenae, appeared before the Beard and referred to a picture of his house being passed among the Board members and stated he was here 90 days age after receiving a registered letter from the Building Depart- merit that he wo~d have to take his antenna dowm. Every neighbor had complained because of his bleeding om their televisions and he took it ap and guy wired it properly. He went to the Building Department to try to straighten this out, but Mr. Howell would ~ot return his calls. He dropped his ground Ryder qaest Sowers his recl to Sowers inf tioned her it a lot reconsider ft. and spent $300 em this. Cha~ma~ the purpose of the second antem~a amd that one was a directional and tarns for ad~ed that he has spent a lot of money on to eliminate problems amd thimks they should this limit. Chairman Ryder referred in the center of his house amd Mr. this was the new eno installed pro- the height and Mr. Sowers is a 30 ft, tower. Mrs.. Hackle ques- of the other one an~ Mr. Sowers informed t. Mr. Sowers stated that they all have spent te problems and thinks they should Mr. Jones then requested Chairma~Ryder~s personal opinion about this sitaation and Chairma~ Ryder replied that he has heard a lot tonight which was good. Whatever the Board does, it is a recommendation to the City Council and the Council makes the final decision. Mr. Lambert asked if it would be unreasonable to restrict these antennaes to one per house and N~. Jones replied that it would mot in his personal opinion. F~. Lambert asked if it would be restricting it that much amdMr. Jones replied not if the an!tenna was allowed at a decent height. ~. Bill Oollims, 1619 N. E. 4th Street, appeared before the Boar~ and told abou~ playing around with radios sin~e 193~. H~ referred to mot being able to satisfy everyone and stated it would be making it worse to require the amtennaes to be lower as it will ring phones, tarn on stereos, etc. They can isolate the amtennaes, but will mot isolate the CBers. He referred to the doctors and hoSpitalS having equipmen~ which affected television reception. He suggests going up as high as~necessary tO eliminate this as much as possible, but they must be sure the antennaes are not dangerous. What MINUTES PLANNING & ZONING BOARD PAGE FOURTEEN JANUARY 24, 1978 is the difference if the antenna is 100 ft. as long as it will net fall on hemes and is structurally somad? He thimks e~eryone agrees something should Be done amd they will ~ot Be an. eyesore. He will guarantee there is not one in Boynton Beach that his radio will not affect. Why spend valuable time discuss~ something they cammet stop? The government has gone to~ There are too many ordinances im the cities. Be reasomable amd get them up to be effective! Chairman Ryder tha~ thanked e~eryone for coming, Ne sug- gested waiting ~til the next regular meeting and then de- ciding whether to set workshop sessions to discuss this £1~rther. Mr. Arena made a motion to recommend that the moratorium om amtemna heights he continued until this is resolved, seconded By Mrs. Hackle. Under ~iscussion, Mr. Lambert referred to the Council and the interested people pessibly likimg some idea whem this will b~e discmssed and Mrs. Huckle agreed~it mast Be decided whether to have a workshop meeting to discuss this or discuss at the next meeting. Chairman Ryder suggested discmss~ at the next regular meeting and then decidimg Whether a workshop session is necessar2~. Mr. Anmanziato suggested establishing a workshop date under 01d Business at the next meetimg, since he did mot think they would have the time to ge imto this topic. Motion carried 7'0. Mr. Jameson asked if it would be a good idea for Mr. Annua- ziate to get im touch with meighhorimg towns and get their information to see what they h~ve done in this field? Gel. Trauger referred to there B~ing approximately 800 towers needing inspections an~ questioned what.i~nd of problem this would create? Mr. Anmunziato replied that he really didn't kmow how much time he would have to devote to this project with working om the comprehemsive plan, etc., but at the work- shop meetim~g, he will try to have some information and will invite the B~ilding Official to attend. OTHER BUSINESS Mr. Arena announced that he would like to discuss what went ~n~ at the Gity COmncil meeting in reference to the Plan~ing & Zoning Board site plam review. ChairmamRyder stated that first Dr. Simon,s request for rezoming came Before the C'oum- cil an~ he was called on By Mayor Jackso~ to give information since the City Manager had not imcluded the minutes from our meeting for their re~iew. He pointed ~ut the fact im the interim we had appreve~ plans for a professional plaza in an area properly zoned just south of the present complex oppo- site the hospital and poimted out there still was sufficient ~1 in the area and di~ not see the need for changing a resi- dential zone whom other areas are available. However, they granted the rezomimg with a ~o~e of 3-2. MINUTES PLANNING & ZONING BOARD PAGE FIFTEEN JA~MARY 24, 1978 Chairmam Ryder then informed the Beard there was an item on the agemda towards the end which stated "Plan Review" and he had no idea what it was. Mr. Kohl read about two conflicting' ordinances and recommended the site plans no longer be sub- mitted to the Planning & Zoning Board for review. First of all, he felt they should have discussed this with us in some msaner Mr. Kohl said he cannot talk te the Plamning & Zoning but. he comld~i~ave talked to the City Plamner and reques~ that he discuss it with us. If he had mot beem there,~ it would have been all over. He feels everyone em the Noard shoUld know what is going em. He it for the public because it bri~s things out in the open. He still very strongly about this. However, the Goumcil decided find out what other cities do feels~ a~important functiom and as amd where, so we cam .e amd zoning. Chairman Ryder on the zoming they take talked to not be sati~ the COuncil reversing our decisiom other instances and if shomld we be here? He and tel4 her that he would they find in other cities. Mr. Arena stated that he read the mimutes and what he u~derstands is being be that a plam will be submitted to the Building Department and reviewed by the Techmical Review Board and Mr. Howell will approve the plans. When he f~rst came to this town that situation existed and the t~wn was in c~haos and the developers were in their glory; whoever knew the Building Official g,Dt what they wanted. That is why .he get involved and veluateered for this B~oard. ~y recommenidations come here from the Technical Re~iew Board .and Because of our and reverse some rec if this is ~I~ we mend where~ how to wasting cur time. we do not agree on. we are able te give input ions. This is ~omething we have same feeling as Mr. Ryder - the f~ctiom we serve is mot what to recom- , etc., we are just sitting here Mr. Winter stated that we review the plans thoroughly and then a City Co,moil member says they are mot prepared. Chairman Ryder Stated that it was suggested to leave the re~iew with us and mot bring it to the City CoUncil. That may make more sense if they are mot prepared sometimes and do ~ot ge into the details. Chairman Ryder then explained that the Council was basing probable consideration on Mr. Howell stating that a three Week delay was caused and he questioned that because the week after we act on it, it goes to the Council. He went MINUTES PLA~ING & ZONING BOARD PAGE SIXTEEN JANUARY 24, 1 978 through the Council agendas and picked out site plan projects and then went to the permit book in the B~ldimg Department to see when the permit was~requested. When the plans are re- viewed by us, they are not final plans but give an idea of the scope of the project but are not the working drawings. In the meantime, the architects and engineers are preparing the final plans. He found in some instances where it was approved By ms a_Rd the Council, four to five menths~passed before a permit was issued. He found that the soonest a granted was one month. This is mot a valid reason Howell. Mr. Z~mbert referred to some plans just covering small items and stated h~ was smre we could recommend a formula for those plans not having to come before us. He is disturbed that we were not asked about this at all. He is disturbed with some of the recent decisions of the City Council not to go along with their recommending Board. Ne is also disturbed about receiv an addition to the 0-2 zoning category including taxi which he k~ew nothing about. How can changes be made the Planming & Zoning Book which we have not even He is aware of the Building Department being more but thinks it wo~ld 5e a ~rastic. mistake to site plan approvals away from this Board without to replace it. The Planning & Zoning Board is the S Om~ by which the public is brought into the planning con- being able to come before this Board. He explained how ~r had some recourse with the recommendations from the ~heads by dis with the Plaaning & Zoning Howe~er, what is altemnative and where will the buil get relief? Who wi make the determination? It woul to have it all within the B~ilding Department. be made other amd he explained of Fort because of %he chan within our Cit~, a look needs to be taken at this ~'s fumctions, issmes and no attention is pai~; changes are made to ordinance without our kmowledge. He has some o the other Board members. The site plan approvals fromtthe Board. does not kaow why we were not ts from the builders, ~ut on. our system. ~e have a definite chart and there are Why all of a sudden does ~his issue o~d us and we hear about it only because our be at the City Council meeting? Mr. Arena stated he would like to kmow how it got on the agenda. ~ho asked for it to be on the agenda? He is sure Mr. Kohl did not put it on the agenda without a request. If it was Mr. Howell, he would like to kaow his reasoning about it. MINUTES PLANNING & ZONING BOARD PAGE SEVENTEEN JANUARY 24, 1978 Mrs. Huckle referred to being on the Planning & Zoning Board about five years ago and stated there was no Technical Review Board and no City Planner and we were important. She told about the Board having a larger f~ction until the Technical RevieW Board was formed consisting ef people with training and expertise. Then the Commmmity Appearance Board was formed and their efforts can he appreciated, She agrees Plammer is referred t we re ~der replied t $ awa~ with was the contez Mr~ er's res the want o~r re whether we want to be the Technical Review Board. She Board mot having the same private citizens City Council meetings. Chairman ~e the Technical Review we have made addi- Mr. Aroma added that ~ growth,, theysh'ould mot de ing some imput. plam how the How- we and by we not they and e to say Mrs. Huckle stated that reference to the delay, they do have to wait until this meets. Without the Board's rewiew~ it would automatically, go faster from the Technical Board re ted that statistics that he checked the rocor at least a momth after the clarified that the .ty Appearance Board. Col. Trauger Chairma~Ryder added and permits are not issued for approval. Mr. Lambert to eliminate review b~ the Planmiag & Zemin ~rd ~and City Council and Mr. Arena agreed and read Mr, Kohl's recommendations from the GOuacil minutes to review ~y the Planning Board and City Arena clarified that it would all be withim the Bmildimg Department. It is his o that this ceumtry is in the state it is in today tics, There are'too m~y finally getting away from with all the Boar~s lng Department., Mr~ ances system, was not set of too many politiciams im pelt- people involved. We are mext to residential areas a~d not just the ~aild- that the checks and hal- permits in 24 hours, hut that recommendations are made by the depart- ment ~eads and Boards to be sure that all cedes are met. He referred to a previous was discussiom about the type of recreation fac ~ties to be provided and ex- plained how it was to allow full consideration of the pro~isos recommended, this new concept, the final MINU~S PLANNING & ZONING BOARD PAGE EIGHTEEN JANUARY 24,1978 decision would be given to one person - the Building Official. Mr. Arena agreed and added that it would be a giant step back- wards. Ne added that there were several plans~ere a recom- mendation was made to give lots for recreation and after dis- cussion, it was changed. If the procedure is changed, the huilder,s recourse is only from the Building Official and that is where deals are made and a cerruptive situation re- sults. When you place the decision with one person or one body of people, you are talking about corruption and pro- ~ems .~ Mr. Jameson stated he did not get the same impression from the City Council meeting, but understood that just the Planning & Zoning Board was Being eliminated and the plans would go right to the City Co~cil and Mr. Arena read Mr. Kohl's statement from the minutes recommending to eliminate the Pla~n~ing & Zoning Board and City Cemncil. Mr. Lambert added that he talked to the Building Official today and had mot read the minutes, but the new concept being proposed is to ~ypass the Planning & Zoning Board and City Council. The word from the Building Official today was that the plan would go from the Technical Review Board to the Building Official ~.ot to be re~iewed by the Planning & Zoning Boar~ an~ C~ty Council specifically. Mr. Arena agreed that this is what was stated in the minutes with the reference to saving time. Chairman Ryder clarified that there was no delay that he could ~erify from the records. Mr. Lambert statedthat to have orderly grow.th and good plan- ning, we must have a checks and balance system. The future must'be considered. He does not think an additional week or two shomld be the reason to drop a checks and balance system. Col. Trauger stated it was evident from looking around this town how it was built up to five years ago. Mr. Lambe~t referred to the new concept proposed and stated we are supposed to work on the code book and give clear g~idelines so anyone can interpret the code, but how are we going to make recommendati~us and change the code if we den,t kaow where the problems are. Ne would like to know what the thinking was behind the taxi station addition. How can we change the code ink, the future if we don't know the criteria for the basis of change? Mr. Arena then read f~rther from the City Council minutes regarding their decision reached. ~. Lambert questioned who would make the study of the different municipalities and suggested that another question to be asked is what are the functions of their Planning & Zoning Boards. He thinks we should refocus ourselves once in awhile about what we are doing and it goes a lot deeper with other ~mnc- tions. He will not be satisfied with the answer to that one ~uestion. MINUTES PLANNING& ZONING BOARD PAGE NI~TEEN JANUARY 24, 1978 Mr. Arena stated in reading through the mimutes, every place the basic poimt is the matter of the sitmatiom of delaying the builders By three weeks. Mr. Howell says he has ordi- nances and he must enforce them, but he doesm't think it is an open and shut case. He does mot think that is the case. We look at situations on the site plam and make suggestions. These are problems brought to omr attention by the~citiz~.ms and add a~other dimension to the plam. Col. Trauger asked who would make the report on what the ether cities are doing and Mr. Arena replied that Mr. Howell would. Col. Trauger remarked that a good study could be made with the reasons gi~em. Chairman Ryder stated he did not thimkwe merited this callous treatment to be disregarded entirely for the obvi- ously superfluous reasons give~. Mr. Jamesom added that the plans should come before somebody of the puSlic, either this body or the City Co~cil, but should not go directly from the Technical R~view Board to the Building Official. ADJOURNMENT Mrs. Huckle made a motion to adjourm, seconded by Mr. Lambert. Motion carried 7-0 and the meeting was properly adjourned at ~0:55 P. M. Respectfully submitted, Recording Secretary (Three Tapes) City Planner' s Report Bowers Annexatfon The property in question is currently designated "~M" - Residential Multiple Family District; medium.density - on the Palm Beach County Future Land Use Plan. The county zoning classification on the East 250' is "CG" General Commercial and "RM" on the remaining portions. This has .an affect on the request submitted by the applicant for "C-3" - Community Commercial Zoning - as the Florida-Statutes concerning annexation require lands annexed to conform with the County Land Use Plan in terms of density (units per acre). There is some questiQn as to whether or not this "density'' limitatiOn is applicable in cases where an applicant requests changing the future land use from residential to commercial on small tracts of land. I have been in contact with the Palm Beach County Planners, and they suggest that the procedure necessary to clarify this problem would be for the City COuncil to pass a resolution requesting the county commission to change the future land use designation from residential to commercial for this parcel. Therefore, if the Planning and Zoning Board recommends that the zoning requested by the appliCant is appropriate for this location,-~I recommend-~tha~_-the.board-request~theCity--_~_~ Council to-pass-,~a~resolution as mentioned above. AGENDA PLANNING AND ZONING BOARD Regular Mcc~ ~ ng Date: Time: Place: January 24th, 1978. 7:30 P2M. Co=ncilChambers - City Fz~ll ~ 1. Acknc~ledgement of Members and Visitors. 2. Reaaqng and Approval.of Minutes. 3. Annduncements. 5. Old Business: 6. New Business: ae Public Hearing: 1. Abandonment Request Applicant: Walter L. Holly Legal Description: 10' unimproved alley lying between Lots 92 & 93, Arden Park, Plat 2, Page 96 Location: behind 403 N.E. 6th Avenue Description: Abandonment of 10 ft. Alley lying between said lots 2. Annexation Request Applicant: Irene Hall Bowers Legal Descript$on: LOt 65, N.S. Boynton Estates Corportion and .Lot-69, Amended Plat of. Trade Wind EStates Location: 3940 North Federal Hwy AND-2923~So. Federal Hwy 3. Antenna Heights