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Minutes 06-28-77MINUTES OF Tt~ REGULAR ~@]ETING OF THE PLANNING & ZONING BO~MD HELD AT CITY HALL BOYNTON BEACH, FLORIDA TUESDAY, JUNE 2~, 1977 AT 7:30 P. M. PRESENT Simon Ryder~ Chairman Col. Walter Mo Trauger, Vice Chairman Ronaid Arena i~rilyn Huck!e Richard Lambert Mary Schorr Garry Winter 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. He then acknowledged the presence of Vice Mayor Emily M. Jackson and Councilman Joe DeMarco in the audience. Chairman Ryder referred to the mention of approving the minutes of the Local Planning Agency from May 24 and Mr. Annunziato suggested waiting until the next meeting of the Local Planning Agency to approve these and the members agreed. M~. Winter made a motion that the minutes of June 14 be adopted, seconded by M~s. Huckle. Motion carrie~ 7-0. PUBLIC ~kP ING Chapter 30 of the Boynton Beach Code of Ordinances Entitled Parks and Tourist Parks" Chairman Ryder read the public notice as published in the Boynton Beach News Journal on June 16 and 23, t977. He re- ferred to this ordinance having been on the books for many years and being amended several times; however, recently an attempt was made to enforce the ordinsmce and as a result, there were a number of complaints. These complaints were delivered at meetings of the City Council and at the last meeting of the City Council, it was~determined that an en- tire evening should be devoted to this matter and it was referred to this Board. What he intends to do tonight is give everybody wishing to mahe any k~nd of statement the opportunity to do so. The Board.will hear all sides. How- ever, we will not take any definitive action tonight. We will take into consideration the input given plus information supplied to the members and also copies of other cities' ordinances. Incidentally many cities have the same pro- blem possibly because of the advent of the van and recrea- tion vehicle. Every city has ordinances on the books and in some inst~uces, they are diffSrent than ours and some are not enforced. Hopefully with the input and recommenda- tions together with the information furnished, we will meet MINU~S PLANNING & ZONING BOARD PAGE TWO .JUNE 28, 1977 in workshop session and discuss a recommendation to be sub- mitted to the City Council. The final decision on any changes must come from the City Council. The matter will appear on the Council agenda and another public hearing will be he~d, Chairman Ryder then requested a show of hands by those desir- ing to speak and in view of the number suggested calling on one by one. He requested those to speak first who wanted to recommend changes or have the ordinance rescinded and then he would call on those people who feel the ordinance should be retained or changed in a different manner. He requested that each person come to the microphone and give their name and address and advised that the Recording Secretary would record all statements made and in addition a tape recorder will be recording the statements. .After all statements are made, the Board will decide on the date for a workshop session. Mr. Lambert stated that for informational purposes according to the existing code, you cannot park ar4vthing such as trailers or recreation vehicles on private property unless it is com- plete~enclosed in a building and Chairman Ryder agreed this was correct. Chairman Ryder explained how it was in contrast to other cities' codes as some define every type of Vehicle by use and he read one for an example. He then read Section 30.3 of the Boynton Beach code verifying ~@. Lambert's state- meat. Col. Trauger stated that such a vehicle was allowed to be parked on a street for one hour, but he did not see ~uy time allowance for private property. Chairman Ryder informed him that De!ray Beach, Boca Raton and Lake Worth all have the same time li~of one hour, but Lake Park and West Palm Beach allow 48 hours. Also, our ordinance does not mention boats. Mr. Lambert referred to boats and asked if they were included in the definition and Chairman Ryder clarified that he men- tioned boats because most ordinances do deal with that pro- blem, but Boynton Beach does not. Mr. Lambert clarified that right now, it is permissable to park a boat and Mr. Annunziato agreed this was correct. Chairman Ryder added that there was no reference to boat in the present ordinance. A man in the audience asked if boats would be covered by a new ordinance and Chairman Ryder replied that boats are not presently covered, but the Board will consider recommendations. Another man asked if portable camping trailers were included and M~. Annunziato informed him~that they were included in this ordinance. Chairman Ryder ascertained there were no further comments from the Board members and~requestem the speakers to como forward one at a time and ~tate their nm~e ~md address. MI~'TE$ PLANNING & ZONING BOARD PAGE THREE JUNE 28, 1977 ~. Foy Burchwe!!, t33 S. E. llth Avenue, appeared before the Board and advised that he has a small pop-up camper. He has it Parked on his property in the back of his house along the side and no neighbors have objected because they all have campers also. Everyone on the street is against this ordi- nance. The campers do not bother anyone. He thinks this is a very unfair ordinance. M~s. Huck!e referred to the section of the code regarding parking on private property and questioned the definition of the trailer referred to and Chairman Ryder advised that the separate section of definitions stated a trailer such as various types used for the purpose of eating, sleeping, pre- paring meals, etc. or for the purpose of carrying on a busi- ness. Mrs. Huckle stated it would not include the little trailers which you carry things on and she really thinks they have to !auow what kind of trailers they are talking about. M~. Annunziato referred to reses~ching + ~ ~h_s and stated it was the inten~ of the ordin~uce not to have trailers used as living quarters. If they were to be permitted~ it would be on land zoned for trailer parks or to be stored inside a building. A man in the audience asked if this was referring to living in campers on private premises and Mr. Annunziato replied: anywhere. ~. Burchwell informed them that his camper was livable on the camping grounds or in the woods. Mr. Annunziato stated he thought the intent of the ordinance was to prevent people from living in the~ in.~their back yards. Chairman Ryder stated that possibly our code lacks definition and referred to the codes from Delr~v Beach and Boca Raton going into more detail listing the various types of vehicles. Mr. George A. Payne, 134 S. E. ilth ~enue, appeared before the Board. He stated that you could not live in a Dop-up trailer unless it is popped up. What do you do with a pickup truck with a shell on it? He oarks his in his driveway. Boats are out. His equipment is 50 ft. off the street. He built a driveway, but cannot afford an enclosed building. if a hedge must be put in, the driveway must be dug up and there wouldn't be room to park the trailer. He agrees it is not right to park on the street. He has lived here for 25 years and came here because of the activities. He explained how the best fishing was in this area. However, you cannot fish without a boat ~%d to have a boat, it must be on a trailer. He told about using his often at nearby parks and returning home late at niEht. Also, there are vans which people use for getting to work plus on the weekends have picnics with their families. What makes the City is good families. Where can he park his? He must put it in his driveway. He told about a man who sold his trailer because when he put it in public storage, it was va~dalised twice. He referred to Boca Raton killing their law, Pompano Beach throwing theirs Out and Euclid throwing theirs out. He told MINUTES PLA~ING & ZONING BOARD PA~E FOUR JU~ 28, 1977 about the money invested in recreation vehicles. He stressed that they are working people and would like to see an amend- ment to allow them to keep their equipment home and will keep it off the street. He then stated~that he did not complain about the commercial rezoning in his area. He told about a lawn company parking trailers with no covers and the trash blowirg all over the neighborhood. He also did not complain about the high rises in Boynton Beach. They w~t to be peaceful people. He does not know who is complaining about the recrea- tion vehicles. His street is lined with boat trailers and campers and they are kept parked back. He is pleading for an amendment to this ordinance to keep their equipment at home, for which they worked half of their lives for. Chairman Ryder stated that other cities have had the same problem. In reference to Boca Raton, it is true they came up with an emergency ordinance and want to see how it will work out. in their case, a pickup truck would be permitted, but a trailer must be screened or enclosed. ~. Bill Humphreys, 143 S. W. 24th Avenue, appeared before the Board and referred to attending several City Council meet- ings. He explained how he thought the City Manager and City Council had created a reaction situation. It would have been better to come up with ordinances and have taken action. This is a big problem with many cities. He thinks most of the people agree there is another side and they must protect the citizens of Boynton Beach. He then stated that he would like to present a few ~acts.~ In Palm ~each County, tn~e~ ~ a~e~ over 1,200 recreation vehicles. Based on the population percent- age of Boynton Beach, it mesms there are approximately 900 recreation vehicles in Boynton Beach. Where could they park. this number in a private area? In reference to other cities, the Supreme Court ruled in Euclid, Ohio, that the ordinance was unconstitutional. Some cities have tried to enforce it. Our ordinance was written in 1963 ~ud as the Board has admitted, there is no definition of what we are talking about. Recrea- tion vehicles have changed in recent years. There are vans~ D~D-up trailers, travel trailers, motor homes, etc. There is a wide range of vehicles. The ordinance we have was aimed at living in trailers and they were probably thinking of house trailers and this picture has changed. He thir~us an ordinance is needed to prevent people from living in them. It is also important to keep the property in the City in an orderly fashion. There should be some ordinance requiring recreation vehicles to be maintained in a neat and orderly fashion. It could be enforced if someone has a legitimate complaint. He referred to the reference to the parking of recreation vehicles decreasing property values and advised that he checked with the Board of Realtors and there is no statement to back that up. He does !~ow there may be people who object, but they have a choice of where to live. it is a matter of personal preference. It also comes down to per- sonal rights involved. If we do have 900 recreation vehicles MINUTES PLANNING & ZONING BO~D PAGE FIVE JUNE 28, I977 in Boynton Beach, why is it the fastest growing City if they are reducing property values? He then explained how a public p~king area for these vehicles would require a lot of ground with the space needed to maneuver and hookup, plus protection. He does not think storage is worth considering, The City Manager realized the ordinance was not good and has admitted it should be changed or taken off the books, in the past four years that the present City Manager has been here, only 25 complaints have been registered. Possibly some are repeat complaints. There are no actual records, but it is an esti- mate by the City Manager. He suggests that there be an ordi- nance allowing the parking of recreation vehicles with some teeth such as requiring parki~g off the street m~d being kept neat smd orderly. It would be workable and complaints could be followed up. Also, there should be guidelines to register the complaints. Just a phone call to the City Manager gets action and he believes there should be a written form with backup information, etc. to avoid personal grudges. In re- ference to screening, in Boynton Beach there are practically no side setbacks from the property line to the house. It is hs~d to find a house with room on the side to park them and no way to get them in the rear. They must be parked in the front. It is a financial burden to put up a hedge or fence and in most cases it will probably look worse than the vehicle it is screening. Also, if he planted a hedge, he could not get out. He thinks it is a real problem, but what we n~em~ ~ to do is get rid of the ordinance we have on the books which does not pertain to recreation vehicles. He believes everyone will agree we have to orotect the City,and other citizens, but there should not be the burden to sell, store or screen. The requirement should be to park it off the street as far back as~:tpossible to prevent blocking the view and be kept in a nea2 and orderly fashion. ~ ~ Ohio Chairman Ryder informed him that the matter in ~uci_d, , was decca_ed unconstitutional because they only singled out recreation vehicles. A judge ruled that the Pompano Beach ordinance was invalid because it singled out house trailers and not recreation vehicles. The Board must direct itself to the definition. ~r. Humphreys replied that there was still the situation of commercial vehicles and Chairman Ryder stated that Boca Raton has changed to allowing 3/4 ton trucks ~ ~ ~ . ~. Humphreys stated that ~ mt is made broad enough to cover all Sehicles, other people will be up in arms. He thinks an ordinance allowing a oerson to keep his own oersonal property on his own prooerty wm~h some prooer control would be workable. ?@~ Psyne agreed also and added that everyone agrees that personal property should be able to be parked on personal property. He has worked all his life for his chunk of ground. He is not going to buy another house. This little square of land is the only place he can take anything he owns. MINUTES PLANNING & ZONI~G BOARD PAGE SIX JUNE 28, 1977 Sam Mathis, 110 S. W. !1th Avenue, appeared before the Board and stated he is a trailer owner and has been for mart years. He has travelled all over the country. When he bought his home, it cost a little more at that time than his travel trailer did a few months ago. He is a working man and on holidays, he and his family like to slip off to the Keys. He could not afford to pay for a motel, but can go there in his travel trailer. An ordinance Should pertain to the people who live in them. He thinks the ordinance pertaining to travel trailers should be wiped off the books because We ad- vertise that we are sports minded, have the best fishing, are close to the best hunting in Florida, and have the best recreation to be had. Now the City tells him he carmot have a recreation vehicle. Why - because of an ordins~uce so far back it does not pertain to our way of life. He certainly cannot afford to pay storage on it. He has a place to put his, but a friend of his paid $25,000 for one and it was van- dalized and really torn up. When this happens, it can be very expensive for the owner. It is hard enough to watch them at home. He is getting ready to leave on a little trip this weekend and his trailer is in front of his house being loaded now. He thinks this is one of the most important steps in Boynton Beach to continue to attract people to our City. We are the fastest growing community in Florida and it could also go to the reverse and we would be the most shunned. We are in the midst of sporting activities. He thinks this ordinance discriminates. It discriminated against him when it was passed because he had a trailer then. He sees a lot of boats which people live on and they are sitting on trailers and they could live on them. He only uses his trailer when he goes away, the same as they do when they go fishing. He thinks it should be wiped off the books and the whole community would be far better off. Leave the rest of the citizens g~ with what they have. He is concerned with Boynton Beach. Mr. Ed Walshlager, 161~ North Seacrest, appeared before the Board and stated he has been living here for 19 years. He is a sportsman. He owns a 3/4.ton pickup with cap which he uses for hunting and camping. He had a 19 ft. trailer and had a 200 ft. driveway poured at his house to park it on, but went along with the ordinance and put it in a storage area. It was broken into and he moved it to another storage area and it was broken into again and the whole_front door was completely pried off. He sold it, but is not done and will get another one and definitely will park it on his pro- perty. He pays his taxes and owns his property and is en- titled to store it on his property as long as he keeps the trailer and property in good shape. He then advised that he has a petition with 121 signatures to abolish this amend- ment. M~. Fred Devin, 370 Miner Road, appeared before the Board and stated he agrees this ordinance may have originally been MINUTES PLANNING & ZONING PAGE SE~EN JUNE 28, 1977 written to keep people from living in trailers, in effect running motels along the side of their homes. However, he does not think in the past few years this has been the pro- blem. They have a way of policing themselves with neighbors complaining. He does not think any ordinance is needed to cover these. Palm Springs, a most restrictive community, had the same ordinance and it was abolished. They have a 25 ft. setback and as long as it is parked within the 25 ft., they can keep it. This law as it is written is u~uconstitu- tional. He does not know how the law in Pompano was written. This law states motor trailers and does not say anything about recreation vehicles. Motor trailers have been singled out and discriminated against, it also forbids him from taking his trailer from a commercial storage lot the day before or two hours before to load it, which is totally unreasonable. ~When a trailer is stored on a commercial lot, you do not have insurance on it and you must assume that responsibility. He does not think the question is whether this ordinance will be kept on the books as it will be removed, but the new ordinance should not be as restric- tive. He agrees trailers should not be allowed to park on swale areas, public streets or blocking sidewalks. He thinks the City Council should protect the health and safety of the general public and not make such a restrictive community that people will be leaving. He owns two homes in the City and both are for sale. He told about tal~ng to a Councilmember recently and how they discussed changes being made in the City and a few were not for the betterment, if we are ~ing to live in a community where people do not like travel trail- ers in the yard, then there would have been a lot of people who would have voted against high rises. They were told high rises were needed for the tax base and what it has done is~made it more expensive. The water system is not large enough, the power company cannot supply our needs, and people are st~ked stories high. He thinks this law should be taken off the books. If somebody has any kind of recreation vehicle which is unsafe or unsightly~ somebody will complain and something will be done. ~. Thomas, t70 N. W. 20th Avenue, appeared before the Board and stated that everyioody here owns campers 8md he does too. if anyone has s~een a kid turned loose in a recreation vehicle park, they have seen a happy kid. It is a different story when he is turned loose on city streets. The kids who go camping are really entertained. He feels the parents are doing the right thing for the kids. Mr. Carroll Kennedy~ appeared before the Board and stated he was really not opposed, but thinks the Zoning Committee should restrict it in some way. He believes all these people are talking about small vehicles. He thinks any large boat or large motor home is an eye sore. He thinks Boynton Beach is a MINUTES .PL.Ai~ING & ZONi~G BOARD PAGE EIGHT JUNE 28, 1977 lovely City and that is why he came here and it is getting nicer looking every day. He believes these people should have their trailers, but he is opposed to a large home or boat which could be lived on indefinitely. He is not opposed to medium sized trailers or boats which would not be unsightly to the neighborhood. Col. Trauger replied that he was getting to the crux of it - how big, how far back, etc. Mx. Kennedy referred to one man stating he had a 200 ft. driveway and he believes if an owner has enough property and can put the~.~trailer back it should be all right. However, if it is a small lot and it is sticking out, it is not right. He does not think having a trailer should be against the law. Mr. Walshlager stated that no matter how big the lot is, if it is~kept in good condition along the side of the property, where is the eyesore and Mr. Kennedy replied that he would not know unless he saw it. He thinks there should be some leeway in the ordinance whereby the neighbors could complain and be within their rights. Mrs. Wayne Hoffman, 124 S. W. ~lth Avenue, appeared before the Board and stated that they had purchased a 24 ft. Winne- bago about five years ago. She went to the Police Department before buying it and asked if it could be parked on their property and the police said yes if we did not live in it. They do not live in it and possibly only use it once a month. Her husband has been ill and can travel comfortably in it. They have kids and t~_ey have had slumber oarties, but they have all slept in the house. She told how it had been con- venient to deliver food for an organization one time because a large air conditioned vehicle was needed. It is parked in her back yard and people do not know-it is there. They do not rent in out even though asked many times. She told about it being packed and ready to go in a half hour. ~. Carl Zebo, 148~ N. W. ]st Street, appeared before the Board and stated that in reference to insurance, he thinks if the trailer is parked on your own property, your home- owners insurance covers it, but not when it is in storage. In reference to an eyesore, just what is an eyesore and what is not? He told how some of the lawns in his neighborhood were an eyesore with just being sand. Is the City supposed to check this? What is an eyesore? Chairman Ryder ascertained there were no further speakers in opposition and asked if anyone wished to make a statement in support of the existing ordinance. Mr. Joe A~bridge, Manager of Palm Beach Leisurevilte, appeared before the Board an~ stated he agreed it should be amended to satisfy ~most of the people. He referred to Leisurevi!!e MINUTES PLANNING & ZONII'~'G BO&RD PAGE NII~ JUh~ 28, 1977 having deed restrictions prohibiting campers, truck~ trailers and the overnight parking of motor vehicles on private streets and asked if the ordinance was changed, how would it affect these restrictions and ~. Annunziato replied that he thought these restrictions would supersede the ordinance in this effect. Chairman Ryder added that he understood where there were deed restrictions, they would also hold true in other developments. M~. Ambridge suggested that the ordinance incorporate the coverage by deed restrictions where appli- cable. Chairman Ryder replied this was a good recommendation and he would che~ with the City Attorney about it. Mrs. Schorr informed them that where there were deed restrictions, the City has nothing to do with them, but the subdivisions themselves must enforce them. Chairman Ryder asked if anyone wanted tospeak in support in any manner. A man in the audience referred to the references to eyesores and stated an eyesore was in the eye of the beholder, which comes down to personal preference. He referred to refer- ences to screen the vehicles and explained how he was con- cerned with neighbors in the rear. Also, there should be requirements for legitimate complaints. He referred to the possibility of vigilante groups riding around and just pick- ing them out to complain about. He agrees the community should be protected, but these are not eyesores if they are kept in a neat and orderly fashion. There should be something to go by to enforce this. He referred to the references of limiting to a certain length and explained how he did not want to be excluded because of a few feet. He explained how it would probably be ha~d to tell the difference in the length of a few feet when the vehicle was parked off the street. It would be discrimination against somebody on the basis of a few feet. Chairman Ryder announced that some letters had been received both pro and con. Also, an inquiry made by the City Attorney and a reply. He requested Col. Trauger to read these various letters. Col. Trauger read a letter sent to Mr. Charles S. Rhine~ ~atmonal Institute of Law Offices, from Mr. Gene Moore, City Attorney, regarding the validity of this ordinance. He then read ~Ir. Rhine's reply outlining a few applicable court cases with copies of the decisions and referring-to the defi- nitions of recreation vehicles as listed in several ordinances. He added that the actual court decisions were appended to the letter with the number and district and exolanation of the ruling given. Col. Trauger then read a letter from ~r. H. H. Thie!e, 420 Chapel Hill Blvd., listing reasons in favor of enforcing the MINUTES PLANNING & ZONING BOA_RD PAGE JUI,~ 28, 1977 ordinance. ~!r. Winter asked it if was necessary to read all the letters and after discussion, it was agreed to note in the record receipt of same. Col. Trauger announced a letter had been received from Esther C. Clark with eleven signatures endorsing the existing ordinance, a letter from Mr. Charles Sipple endorsing, a letter from Mr. Packard opposing, and a letter from Mr. Dan Shoemaker against aw change. Chairman Ryder announced that as he mentioned at the outset, they could see from the ooints of view expressed and the amount o£ information received, it is understandable that the Board can make no attempt tonight to come up with any kind of action. Before this meeting is over, a later date will be set for a workshop meeting. He thanked the people for being here and for speaking. The Board appreciates their comments and they have been recorded and will be considered. M~. La~oert asked if there was a group of recreation vehicle owners with a Boynton Beach officer or representative and a man in the audience informed him that many people here are members of other organizations as there is no close k~it group in the City. Mr. Lambert stated that he would like to see if this goes to workshop or other public hearings that they be involved. He hopes the people will keep in touch and follow this through. He is sure the members of the Board will have questions and will need advice. Col. Trauger re- ferred to hearing about a group on his CB planning to go be- fore the City Council and a man informed him there was a local CB radio group in town. Mr. Walshlager referred to having attended three meetings and would be sure to attend any further meetings. A member of the audience referred to the continued mention of eyesores and stated that before picking apart the campers, they should start with the post office and bridge and clean up those eyesores. Another man added that he would invite anyone to come to his house and see his nice lawn and recrea- tion vehicle ps~ked in the back which he is proud of. Mr. Payne stated he would like to know what length they would possibly refer to. He exolained how people started out sleeping on the ground and constantly strive to get some- thing bigger and better. He does not know where M~. Kennedy gets the idea there should be a set length. M~. Charles Whooten, 1tl N. E. 13th Avenue, referred to at- tending three meetings. He advised that in reference to the length, the State has a requirement as far as pulling on the highway and they allow a maximum length of 40 ft. if you are towing one, including the pulling vehicle and trailer. Most of the passenger vehicles are 16 to 18 ft. and he suggests sticking with the line the State has, which would give up.to an approximate 28 ft. trailer. He was corrected by a member Mi~YJTES ?LANNING & ZONING BOARD PAGE ~LEVEN JUNE 28, 1977 the audience that the maximum overall length allowed was 66 ft. Mr. Whooten continued that in reference to parking in front of houses, he does not agree in parking in the street, swale, sidewalk, or blocking the~view from the corner, but in his case there is no place for him to park his 19 ft. travel trailer behind or on the side of his house to enclose it. He feels they must have a concrete drivews~ to park it on also. Chairman. Ryder asked how often he used his vehicle and Mr. Whooten replied very often. He then stated that if this law was upheld throughout the State and the people were forced to store their vehicles, where would they all go to? What would ha~en to the Parks an~ Recreation Deoartment? He told about using his to go to various State parks and spending at least $200 during the past few months at the State parks. He has four children and they go camping when- ever they can. He works a lot of weekends, but they do go camping whenever oos~o~e. He likes vo keep his at home so he can have his stuff stored in it ready to go, but could not do this ~e it were in a s~orage~rea. A watchman only watches television and!does not know what is going on in the parking lot. Mr. Lambert asked if the State required a certificate or in- spections of the recreation vehicles and Mr. Whooten informed him that only the self-propelled need a regular motor vehicle inspection, i~h~. Lambert referred to licenses and ~5~. Whooten informed him that they must buy license tags and one could not be parked in a yard without a license tag. ~. Lambert clari- fied that nothing could be pulled behind a car without license plates on it and Mr. Whooten agreed this was correct. Mr. Whooten added that the State does not require them to be in- spected as yet, but the police do check that everything is working. Mr. Lambert asked about pickup trucks with shells and ~. Whooten informed him that they were licensed with the regular truck. Mr. Payne added that tra3;el trsilers are insoected by the State of Florida from the manufacturer and there must be a seal indicating this on the door. Mr. Lambert asked if they were required to be re-insoected and Mr. Payne replied that pickup trucksddo have license tags. Mr. Lambert asked if the shells for pickup trucks had certain s~ecifica- tions and Mr. Payne replied that they do and the shell must have a tag and goes to State inspection. Another man added that the new trailers are inspected by the State of Florida and if one is traded in, it must be inspected by the State of Florida. P~. Lambert then asked if there would be a public notice of the work~hop meeting and Chairman Ryder replied: no, but there will be a copy of the minutes posted on the bulletin board. M~. Lambert referred to discussing this further and making recommendations at the workshop meeting. Mn~. Winter suggested recommending a moratorium on this ordinance for 60 to 90 d~¥s and Councilman DeMarco informed him that it was MINUTES PL-A~!NG & ZO~i~G BOARD PAGE JUME 28, 1977 recommended to hold in abeyance. ~. Lambert stated he still thought the people were confused as to what will happen and he announced there would be more public hearings and these would be advertised in the newspaper. Chairman Ryder also suggested that the people keep in touch with the City Clerk or City Planner for information. Mr. Annunziato clarified that the procedure would be for this matter to go to the Planning & Zoning Board for further discussion at a workshop meeting. Some consensus will be arrived at the workshop meeting and then there will be a regular meeting of the Plan- ning & Zoning Board when a formal motion will be made with a recommendation to the City ~ ' ~ouncml. The decision then will be up to the City Council. Zf there is an ordinance chsmge, there will be more public hearings. The audience requested to know the dare,of the workshop meeting and after discussion, it was agreed to hold the workshop meeting on W~mnesda~.~,~=' ~ July 6 at 2:00 P, M. Mr. Lambert clarified that the workshop meeting would be open to the public, but it was possible there would only be little participation from the audience. He explained how the Bos~d would discuss and consider all the information and then decide on a recommendation to make to the City Council. SITE PLAN APPROV~ Use: Office Building Location: 37-43 S.E. 15th .Avenue Legal Description: Lots t4 and 15, Block ~1, Central Park Annex Applicants: F. Don Elayton and Dr. Ernest J. Smallman The members reviewed the plan and discussed the location. Mm~. Annunziato informed them that the plan meets all the zoning requirements except the wall to the rear must be 6 ft. instead of 5 ft. Also, the engineer noted that the grades must be corrected for the sidewalk. ?ne staff recommendation is that it be recommended for approval subject to staff recoma mendations. Chairman Ryder ascertained that nobody was present to repre- sent the applicant. Mr. Lambert referred to the parking not looking sufficient and Mr. Annunziato informed him that the parking was figured by the most restrictive means of one for every 200 sq. feet of the building and according to the ordinance, there is enough parking. They discussed the size of the building. ~. Lambert made a motion that the Planning & Zoning Board recommend to the City Council approval of the site plan for the office complex located at 37L43 S. E. 15th Avenue subject to the Technical Committee's recommendations. Mr. Winter MINUTES ~A~NING & ZONING BOARD PAGE THiRTEeN JUNE 28, 1977 seconded the motion. Under discussion, l'~s. Schorr asked where the parking spaces were located and Mrs. Huckle pointed them out in the rear. Chairman Ryder remarked that it would set back from the street and ~@. Annunziato informed him that they had taken invo consideration the widening of tSth Ave. Motion carried 7-0. Mr. Annunziato told about being in negotiations with a company and working on a price in regards to the comprehensive plan. He advised that an intervretation has been submitted of the work3?rogram and who would be responsible for the various as- pects of the plan. Chairman Ryder referred to two members of the City Council being present and urged them to go along with the City Planner's recommendation. Mr. Lambert asked if there was something brought up at the last Council meeting about extending the nine points and M~. Annunziato informed him that there are nine elements re- quired. ~h~. Lambert stated that they would just include<~the City limits and not touch on the ~nexation area and Mr. Annunziato agreed. He added that he did forward the Board's recommendation to the Council and if during the course of events, there are other elements deemed necessary by the Local Planning Agency~ the door is left open. Mr Lambency asked if it would be reasonable now to discuss the possibi- lity of including another element pertaining to covering the reserve annexation area and Col. Trauger replied that it was discussed~ but not included. Mr. Annunziato clarified that he was talking about an annexation study and ~. Lambert replied that we must coordinate with the County. Mr. Annunziato informed him it was all part of the comprehensive plan; how- ever, the jurisdiction rests sd[ely with the County Co~missioners, but their decisions will be incorporated with our boundaries. ~Ir. Lambert stated this would be done with no input from us and ~. Annunziato replied that we will have input when they go to adopt the ~man. ~. Lambert clarified that we could only object, but give no input and M_~. Annunziato replied that they must pay attention to our objections. Chairman Ryder asked what na~oened to the Board's recommenda- tion to the Council for us to act jointly with the County and Mr. Annunziato replied that he did forward that recommen- dation to the Council, but believes it was misunderstood and he did write again to the City Manager and M~. Kohl's resoonse referred to a bill in the State Legislature trying to do away with annexation reserve areas and he suggested waiting to see what happens with this bill. M~. Lambert clarified that we were not going to enter into a joint resolution with the County and Mr. Annunziato replied that he did not know whether we were or not. He referred to the history in Boca Raton possibly giving some indication. MINUTES PE~at~N!NG & ZONING BOARD PAGE FOURTEEN JUNE 28, 1977 Mm. Lambert asked Mr. Annunziato if he was still on a day to day basis with the County and Mm. Annunziato replied that it had not been formed yet. Mr. Lambert stated that he would he part of it and Mr. Annunziato replied that when it is formed, he will be the City representative. Mr. Lambert asked who was working on it right now and MAr. Annunziato replied that he had heard that the Area Planning Board and the Palm Beach County Planning Department stated they were interested in forming an advisory group. Mr. Lambert asked if there was any requirement to do it and ~. Annunziato replied that someone has to do it. ~. Lambert clarified that it was not decided how or when. ADJOURN~E~T Col. Trauger made a motion to adjourn, seconded by Mr. La~mbert. Motion carried 7-0 and the meeting was properly adjourned at 9:30 P. M. Respectfully submitted, Suzanne M. Xruse Recording Secretary (~vo Tapes ) j AGENDA · .~ ;-. :. '7" PLANNING AND ZONING BOARD .... '~ ' J~ne Time: 7-30 PoM Place- Council Chambers City Hall 1. · Acknowledgement,'Of Members· and Visitor~. 2. Reading and Approving of Minutes'. S .~ ~ Announcements. ~' ' ~. lCO~ications. 5. Old Business: 'New Business: A. PUBLIC HEARING: - · Chapter 30 of .the Boynton Beach Code of O.rdin'ahces~:-ent-itied "Trailers, Trailer Parks and Tourist Parks-"i -]~:---S !T E ---.pT_~AN--'~gp ROVAL -:--1.-' Use: OffiCe Buildin~ '..: . -' Location: 37-~3' S.'~ 15th Avenue. " Legal Description: Lots 14 and 15, Block 11, Central Park Annex Applicants: F. Don Slayton a. nd Dr. Ernest J. Smallman Rev.-S/19/76