Loading...
Minutes 08-03-77MINUTES OF THE WORKSHOP MEETING OF THE PLA~¥NING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA WEDNESDAY, AUGUST 3', 1977 AT 3:00 P. M. PRESENT Simon Ryder, Chairman Richard Lambert Mrs. ~ry Schorr Garry Winter Carmen Annunziato, City Planner ABSENT Col. Walter M. Trauger, Vice Chairman Ronald Arena (Excused) Mrs. Marilyn Huckle (Excused) (Excused) Chairman Ryder called the meeting to order at 3:05 P. M. and announced that this meeting represents the fourth workshop meeting devoted to the ordinance regarding parking and stor- ing of recreation vehicles. Announcements Chairman Ryder announced that there would be no regular meet- ing of the Planning & Zoning Board on August 9 as Mr. Annunziato will be away, but he has arranged things so this can be done. Chairman Ryder announced there was going to be a meeting re- garding the pa~king and storing of recreation vehicles held at the Boca Raton City Hall tonight at 7:30 P. M. He be- lieves the members are aware that Boca Raton has been opera- ting under a temporary ordinance. He plans to attend this meeting this evening and assumes anyone else who would care to go would be welcome. Chairman Ryder announced that Col. Trauger had every inten- tion of being present today, but was called away for business. Also, Mrs. Huckle had to work at her husband's office today and Mr. Arena is away on vacation. Nzinutes of July 13 ~ 19.77 Workshop Meet~i~ng Mr. Lambert made a motion that the minutes of the July 13 Workshop Meeting be approved as written, seconded by Mr. Winter. Motion carried 4-0, MinuteS of .July 20~ 1977 Workshop. Meeting Mr. Winter made a motion that the minutes be approved for the July 20 meeting, seconded by Mr.'Lambert. Motion car- ried 4-0. MINUTES PLANNING & ZONING BOARD PAGE TWO AUGUST 3, 1977 Discussion Chairman Ryder referred to distributing copies of a draft prepared by Mr. Ann~uziato and himself at the last meeting for the members, review. Mr. Annunziato suggested reading it page by page and discussing it section by section and the members agreed. Chairman Ryder read the title: "Parking and Storage of Recreational Vehicles and Boats and/er Boat Trailers" and pointed out that it differed from the present one on the books to cover the present purposes. Chairman Ryder read Section I~ - Purpose. Mr. Lambert asked if they were possibly leaving something out of the definition of this ordinance or chapter with not covering recreational ~ehicle trailers and he explained how there were such trailers for swamp buggies, half tracks, racing carm, glider planes, etc. There was discussion about these and it was agreed not to mention it in the heading, but to define them in the ordi- nance. Chairman Ryder read Section II - Scope. M~. Lambert referred to "residentially zoned areas" stated and asked about other zoned areas. Chairm~uRyder suggested adding an additional sentence that this would not be applicable in developments where deed restrictions are observed with more restrictive covenants and Mr. Annmnziato and Mr. Lambert disagreed. Mr. Lambert clarified that he was asking about commercial and industrial zones and Mr. Annunziato informed him that the only zone where you could park a recreational vehicle is in the M-1 zone which permits parking and storage of ~ehicles. Mr. Lambert referred to commercial zones being left open and ~. Annunziato explained how it would be ~ zoning viola- tion. Chairman Ryder read Section ti~ - Definitions, Paragraph (a) Recreation Vehicle. Mr. Lambert questioned why the width of 8 ft. was stated and Chairman Ryder informed him that he had looked into this and finds where they deal with limitations, this is generous. Mr. Winter added that a 10 ft. wide vehi- cle could not be towed by a car. Mr. Lambert suggested just stating which may legally be driven or towed by a passenger vehicle and not placing this restriction. M~o Winter informed him that he didn't think over 8 ft. was legal and ~. Lambert questioned why it was even included then. Chairman Ryder in- formed him that it did appear in other codes. ~. Winter added that it would eliminate t0 ft. also. Mro Lambert then asked where the length of 35 ft. came from and ~. Winter informed him that 50 ft. was the overall limit on the open highway. ~. Lambert told about some people hav- ing the impression that 35 ft. was too big and Chairman Ryder MINUTES PL~ING & ZONING BOARD PAGE THeE AUGUST 3, 1977 informed him that this was taken from another city ordinance and could be made more restrictive. Mr. Winter stated he would not make it more restrictive. Mr. Annunziato ques- tioned the size of the l~gest driven one and Mr. Winter tol~ about Bluebirds being 42 ft. long and 8 ft. wide. They agreed that 35 ft. was lenient and to leave it as iS. Chairman Ryder asked if the recreational vehicle trailers which Mr. Lambert referred to should be i~cluded in this paragraph and this was discussed. It was then agreed to add the following sentence to this paragraph: "Included in this definition are all other sport type recreational vehicles and the trailers used to store or transport all such vehicles." ~. Lambert then asked if they should state: "which may -~ legally be driven or towed by a passenger vehicle on a high- way", as he questions passenger vehicle and if it has been defined. It was agreed to take out "by a passenger vehicle". Chairman Ryder read Paragraph (b) Building Department. He advised this was the same as in the present ordinance and there were no comments. Chairman Ryder read Paragraph (c) Governing Authority. He stated this was copied from the present ordinance and there were no comments. Chairman Ryder read the title of Section IV. Mr. Lambert referred to including recreational vehicle trailers and ~M. Annunziato stated that it did not have to be listed again as it was included in the definition.~of recreational vehicle. Chairman Ryder read Paragraph (a) Public Rights-of-Way and advised that this appeared in most of the codes. Mr. Ls~bert questioned the period of one hour and after discussion, it was agreed not to change it. Chairman Ryder read Ps~agraph (b) Private Property in Resi- dentially Zoned Areas. He pointed out that the only excep- tion was if it is kept in a totally enclosed garage. ~. Annunziato suggested changing "procured" to ~secured~ and the members agreed. Chairman Ryder read ~ection V, Paragraph (a). Mr. Lambert then questioned the difference between paragraphs I and 7 and Chairman Ryder informed him that No. 7 covers the num- Ber of vehicles and No. I defines the instances. Mr. Lambert stmted he felt these two should be tied together and feels a vehicle parked in a carport should be counted in the number and not be separate. Also, he does not see what difference it makes how many sides a carport is enclosed. MINUTES PLANNING & ZONING BOARD PAGE FOUR AUGUST 3, 1977 There was a lengthy discussion about the construction of car- ports and the appearance of vehicles parked on carports. They also discussed the necessity of stating "enclosed on at least two sides". Finally agreeing to delay a decision on this, they proceeded. Chairman Ryder read Paragraph 2. Mr. Lambert stated that hard surface must be defined and this was discussed. They also discussed the appearance of vehicles parked on the grass. Mr. Annunziato pointed out that a hard surfaced area was not required for parking in the side or rear yards. They discussed whether the clarification was significant between Paragraphs 2 and 3. It was then agreed to add in Paragraph 2: between the structure and front property line. Chairman Ryder read Paragraph 3. Mrs. Schorr referred to most homes having only 7 ft. side setbacks and Chairman Ryder told about viewing the situation in Golfview Harbour. He pointed out that parking would be permitted in the side or rear yards if physically possible. After discussion, they' decided the setbacP~ as stated were reasonable. Chairman Ryder read Pa~agraph 4. .Mr. Winter made the addition of owned and/or used. Chairman Ryder read Paragraph 5o Mr. Lambert suggested the addition after registered of "and licensed" and after discus- sion, the members agreed. Chairman Ryder read Paragraph 6. Mr. Annunziato referred to this being redundant with having made the addition to No. 2 and it was agreed to delete this addition from No. 2. Mr. Lambert asked if there was a reason for having these spread out and M~. Annunziato informed him they could be rearranged. Mr. Lambert referred to "other hard surfaced area'~ mentioned and pointed out that grass was still not mentioned. Mr. Winter and Chairman Ryder explained that they thought No. 3 covered parking on the grass and I~M. Lambert requested the City Planner to consider this further to be sure it is ade- quately covered. Mrs. $chorr referred to corner lots having driveways on the side. They discussed further the distinc- tion between Paragraphs 2, 3 and 6 and also the definition of hard surfaced areas. Finally it was agreed to en~ Para- graph 2 with the word driveway and No. 6 would cover it. ~. Lambert referred to "street" possibly creating problems in No. 6 and they decided to change it to "right-of-Way~. Mr. Lambert questioned "front building line" and after dis- cussion, it was agreed to change this to "structure". Chairman Ryder read Paragraph 7 and in view of thair previ- ous discussion, it was agreed to end this with garage. MINUTES PLANNING & ZONING BOARD PAGE FIVE AUGUST 3, 1977 Chairman Ryder read Paragraph (b). Mr. Lambert asked if a period of possibly 60 or 90 days should be given to imple- ment this and after discussion, Mr. Annunziato stated he did not think it was necessary to include this~period for implementation. Chairman Ryder read Section VI, Paragraph (a), Sub-Paragraph 1. NE. Lambert referred to the last sentence and asked if a Burden wam going to be put on the Building Department to determine what is acceptable and what is not acceptable for securing a vehicle. There was a lengthy discussion about how the vehicles could be secured, how this could be enforced, etc. It was then agreed to delete the last sentence of this paragraph. Chairman Ryder read Paragraph 2. Mr. Lambert questioned how leng the decs~ would be valid and Mr. Winter replied that it could be forever. Chairman Ryder stated he believed it was their understanding that it would not have to be renewed each year. l~. Lambert stated that it would be defeating part of the purpose and ?-M. Winter replied that this was an ordinance to maintain regulation. Chairman Ryder read Paragraph 3 and added that he thought this was necessary to give some flexibility. Chairman Ryder read Paragraph 4 and pointed out there was no mention of any period of time. Mr. Winter questioned if a boat and trailer would cost $10.00 and ~. Annunziato in- formed him that a boat and trailer goes together and would be $5.00. Mr. Lambert stated that he would like to point out reasons why the decal should not be good forever as he thinks it would be defe~ting the purpose. He explained how the license and registration could expire after the ~ecal was obtained. There was a lengthy discussion about this and then M~. Annunziato referred to Section V (a) and pointed out that if any of these conditions were violated, and a current regis- tration and license is one of the conditions, the Building Department could take action and require it. Mr. Annunziato asked if they were in agreement with the $5.00 fee and the general consensus of opinion was that it would be adequate, but it was suggested that ~. Annunziato dis- cuss this with Mr. Howell. Chairman Ryder read Paragraphs (a), (b), and (c) of Section VII. He clarified that these were conditions Mr. Annunziato added referring to other applicable regulations. MINUTES PLaCaRdING & ZONING BOARD PAGE SIX AUGUST 3, 1 977 ~o Winter suggested adding Section VIII to cover violations. Mr. Annunziato informed him this would be the general ordi- nance and would have to be enforced like any other ordinance with someone making a complaint and possibly going to court. He suggests posSibly making Section VIII - Penalties for NOnconformance or Violation of this Chapter and leave Mr. Moore prepare the wording and the members agreed. Chairman Ryder asked if ~. Annunziato could prepare a re- vised draft including the revisions made today for review at their meeting on August 23. He feels they can revise it into the final form at that meeting and make a recommendation to the City Council. The Council could then proceed with consideration and a hearing. Mr. Annunziato agreed and stated he would have it retyped and sent out. ~o Lambert stated that he thought Mr. Ryder and Ms. Annunziato had done an excellent job on this first draft and he thinks their suggestion of the two of them meeting definitely worked out. Adjournment Mrs. Schorr made a motion to adjourn, seconded by ~. La~bert. Motion carried 4-0 and the meeting was properly adjourned at 5:00 P. M. Respectfully submitted, Suzanne M. Kruse Recording Secretary (Two Tapes) CHAPTER 30 Parking and Storage of Recreational Vehicles and Boats and/o~'Boat'Trailers .... Section I Purpose The purpose of this ordinance is to regulate the parking and storage of recreational vehicles and boats and/or boat trailers. These regulations are intended for and in the best interest of the citizens of Boynton Beach to provide easy access to recreational vehicles while promoting the health, safety and welfare of all the citizens of Boynton Beach. Section II Scope These regulations are intended to be applicable in all residentially zoned areas Within the City limits of Boynton Beach. Section III ae Definitions Recreation Vehicle Any travel trailer, motor home, pick-up camper, van or other unit built or mounted on a chassis, designed without permanent' foundations, which is used for temporary dwelling or sleePing purposes and which may legally be driven or towed by a passenger vehicle on a highway, and which body length does not exceed 35 feet and total body width does not exceed 8 feet, 1 or any boat or boat trailer. Building Department Page two' Building department shall mean such department or any division thereof created or established by auth~' ority of the city, and entrusted With the regulation, control, and supervision of all matters pertaining to buildings and structures of any nature and their appurtenances, roadways, sidewalks, lighting, ventil- ation and zoning; and in the absence of such depart- ment, it shall refer to the governing authority of the City of Boynton Beach-. Governing Authority Governing authority shall mean the city council which is elected and qualified by and for the city. Section IV Se Parking and Storage of Recreational Vehicles, Boats, and/or Boat Trailers Public Rights-of-Way No recreational vehicle, boat and/or boat trailer shall be parked or stored on any public right-or-way for a period exceeding one (1) hour. Private Property in Residentially Zoned Areas No recreational vehicle, boat and/or boat trailer, not kept in a totally enclosed garage, may be kept, parked or stored on any private residentially zoned property within the limits of the City without having first procured a special permit from the Building Official. Section V Page three Parking of'Recreational Vehicles, Boats and/or Boat T~ailer permittedUnder' Special' Permit on PriVate Residentially 'Zoned' Property ~. Under special permit, parking or storing of recreation vehicles, boats and/or boat trailers on privatepr0- perty may be permitted under the following conditions: 1. That the recreation vehicle, boat and/or boat trailer be parked or stored in a carport enclosed on at least-two sides.. 2. That the-recreation vehicle or boat and/or boat trailer be .parked or stored on a driveway or other hard surfaced area. 3. That the recreation vehicle, boat and/or boat trailer be stored in side or rear Y~r~ - not closer than 5 feet of the rear lot line nor 3 feet of the side lot line and not projecting beyond the. front roof line. 4. That the recreation vehicle, boat and/or boat trailer must be owned and used by a resident o~ the premises. That the recreation vehicle, boat and/or boat trailer is currently registered by State and Federal Law. That no recreation Vehicle, boat and/or boat trailer be parked between the street and the front building line unless on a driveway or other hard surfaced area. That the total number of vehicles (other than passenger vehicles) so parked or stored shall be Page four limited to 2 - not including~ those kept in'La . garage or carport enclosed on at least two sides. For the parking or storage of any vehilce (other' than passenger cars) on private .property, the owner/ resident shall-apply for and obtain a permit from the Building OffiCial prior to the parking or storage of such vehicle. A permit shall be obtained for each such vehicle which shall be valid only so long as the owner of such vehicle remains a resident of such pro- perty.' Section VI ~edure a. The Building official shall grant the permit subject to the following provisions: 1. That the applicant indicates on a site plan of his property, accompanying his application, the proposed locations of the Vehidles to be parked or stored and attests that they will be parked or stored entirely on his own property in a safe and orderly manner and that vehicles parked or stored on a driveway will not be a hazard to people entering the driveway or.~t~ persons pass- ing on the sidewalk. Applicant shall indicate, also, how' vehicles are to be secured in advance of hurricane warnings. 2. The Building Official shall issue a permit decal for each permit granted pursuant to thissection which shall be affixed and maintained on the vehicle. Page five Section VII The decal shall be removed when it is no lOnger valid purSuant to this section. The City Manager may establish administrative re- gulations to aid in the administration of the pro- visions of this chapter.- The permit fee for each recreational vehicle, boat 'and/or boat trailer shall be five (5) dollars. Other'vehicles a. It shall be unlawfull to occupy any recreational veh'icle herein define'while said vehicle is parked or stored on private property unless such use is specifically permitted in the applicable zoning dis- trict. b. Construction trailers shall be permitted as outlined in Section 4 (H) of Appendix A of the Boynton Beach code. c. Mobile H°mes~ as defined in Section 1, General Definitions, of Appendix A of the Boynton Beach code shall be per- mitted'in aputicabtY zoned districts.