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Minutes 04-20-77Mi~fJTES OF THE WORKSHOP ~ETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA WEDneSDAY, APRIL 2~, 1977 AT 3:00 P. M. PRESENT Simon Ryder, Chairman Col. Walter M. Trauger, Vice Chairman Mrs. Marilyn Huckle Mrs. Mary $chorr ABSENT Carmen Annunziato, City Planner Tom Clark, City Engineer Charles Fredericks, Recreation Director Ronald Arena Richard Lambert (Excused) Gary Winter (Excused) Chairman Ryder called the meeting to Order at 3:00 P. M. and announced it was a workshop session to continue the review of the regulations for subdivisions. He advised that Mr. Lambert and Mx. Winter had contacted him and in- dicated they ms~¥ not be able to attend, but he has not heard from Mr. Arena. He acknowledged the presence of Mr. Tom Clark, City Engineer, and ~. Charles Fredericks, Recreation Director, and added that he understood that Mr. Annunziato had been delayed and would join them shortly. He then distributed the latest revisions to the Zoning Code. After discussion of the sequence of their review, Chairman Ryder announced they would start with Page 92 and discuss Section 8 when ~. Annunziato arrives. Mr. Clark informed the Board that to 'a large extent the regulations were copied from the County Subdivision Ordinances and they have not had any problems and have been living with it for several years. Mr. Clark then referred to Page 92, Section 11, actually speaking for itself ~ud asked if there were any comments. Chairman Ryder read the Administration of Construction sec- tion and referred to the possibility of having a sizable job which Mr. Clark may not be able to handle and possibly they should insert City Consulting Engineer or other author- ized representative. Mr.~Clark ~xplained how it did not mean personal supervision, but an inspector would report to him and an inspector in the field would report to the Design Engineer. Chairman Ryder clarified there were no changes necessary and Mr. Clark replied that he did not think any change was necessary because the intent is to have one individual to make the recommendation to the City Council. Chairman Ryder then referred to the definition of a Developer,s Engineer on 'Page 92 and Mr. Clark explained that a design engineer was responsible to an engineer registered in the State-~of Florida, who must certify the work has been done according to requirements. MINUTES - WORKSHOP MEETING PLANNING & ZONING BOARD PAGE TWO APRIL 20, 1 977 Chairman Ryder continued with Page 93 and suggested that- "discretion" be spelled correctly in Article 3. Col. Trauger asked if it was under the Southern Building Code and Mr. Clark explained how the Southern Building Code was primarily concerned with super structures on private property. This Subdivision Ordinance is ~estricted to City maintained utilities, streets, easements, etc. Col. Trauger asked what established the basic authority for the codes and Mr..Clark explained how D.O.T., Water Pollution Control, W.Q.M,~., etc. were used for references. He added that these were not mentioned in the appendix mud Col. Trauger suggested that the references should be stated somewhere. Mrs. $chorr clarified that this applied to new subdivisions and M~. Clark agreed. Mrs. Schorr referred to old subdivi- sions being on the books and asked if there would be any conflict and Mr. Clark replied that the plums must be sub- mitted for approval and they could request that they meet the latest requirements. He explained how the old subdivi- sion ordinance just stated a minimum requirement and he is not obligated to accept a minimum established hy ordinance. Chairman Ryder then referred to the request to pave 7th St. mn Laurel Hills as presented to Council and they discussed how it was necessary to pave all streets to the same require- ments. The members then read through Page 94. Chairman Ryder then referred to Page 95 and read the paragraph regarding the guarantee and asked if this would be~in the form of a bond and Mr. Clark replied there would be a writte~ guar- antee, but the bond would really guarantee the work for one year. Chairman Ryder suggested that it be intthe form of a maintenance bond and Mr. Clark explained that the performance bond protects the City for one year after they accept it and what they are looking for is something which would protect the City i~case unsatisfactory materials or workmanship is dis- covered. They proceeded with reviewing pages 96 and 97. ~. Clark ad- vised that they do have an ordinance for excavation requiring ~ permit and Col. Trauger asked how big a hole and ~M. Clark stated this was a good question. Mr. Annunziato arrived at this time, 3:30 P. M., and Chairmau Ryder brought him up to date on their review. He added that they were waiting for him to review Section 8 since he pre- pared this with ~. Fredericks. Mr. Annunziato apologized for his lateness and explained that he had to attend a meet- ing with the Area Planning Board. MINUTES - WORESHOP MEETING PLANNING & ZONiN~G BOARD PAGE THREE APRIL 20, 1977 Chairman Ryder suggested going back to Page 58, Article 9, and requested input from Mr. Annunziato. Mr. Annunziato ex- plained how they felt it was important to be sure the needs of the specific community are served. He explained the re- quirement to dedicate five acres per 1,000 or provide faci- lities and land of an equivalent nature. He also explained the alternate to provide money. He told about their complete research into this matter. Mr. Fredericks also explained how the figures were based on the standards used by the ~ational Park & Recreation Division and approved by the State and County. He gave examples of how they had been lax in the past. They discussed at length the recreation requirements. Mrs. Schorr then referred to Page 3 stating money should be' *See paid to the Finance Director and referred to the City not having a Finance Director and suggested that it be paid to a certain City account. Mr. Fredericks agreed md stated it should be earmarked for recreation funds. Col. Trauger stated that if the budget gets tight, the City could use this money aud Chairman Ryder suggested that it be put in trust smd not used for anything but recreation. After dis- cussion, it was agreed to replace the word '?reserve" with "trust". Minutes 4/26/77 P&Z M~. Annunziato referred to Page 5 and read the recommenda- tion he wrote giving the Planning & Zoning Board the right to determine the fair market value. ~@s. Huckle stated she thought it was a bad precedent to have a volunteer appointed Board make any kind of assessment. ~. Annunziato referred to having expertise on the Board and ~s. Huckle stated that this was not true all the time and explained. M~. Annunziato stated that the Board could also determine to hire an appraiser. Chairman Ryder stated he agreed with M~s. Huckle and suggested that somebody in the City have this responsibility. There was further discussion and it was agreed to leave it as stated amd see if problems occur. Chairman Ryder then read the purpose on Page 1 and asked if this was something in the future and ~. Annunziato replied that as part of the Comprehensive Planning Project, they must have conservation elements. M~. En~ziato stated there was some verbiage missing on Page 6, Section F, Subparagraph a) and the addition should be: "regulations shall not be included in the computation,. Col. Trauger referred to the front page, Paragraph ~, and stated he felt two years was a rather short period and ex- plained. Mr. Annunziato informed him that this section came from the County Ordinance ~ud explained how they had been concerned with the two year period also, but they must consider how long the land will be tied up. There was a lengthy discussion about this requirement. *See Minut~ of 4/2~/~ of P & Z MINUTES - WORKSHOP ~ETY2~G~ PL_~G & ZONING BOARD PAGE FOUR APRIL 20, 1 977 The members then expressed their approval for this section and discussed how the City was really in need of parks and recreation area. Mrs. Huckle referred to the old pages including golf courses and asked if it was incorporated in the new section and Mr. nnunziato replied that it would be covered by oriv&te recrea- ion on Page ~, Section F. i Col. Trauger moved to accept Section 8 regarding Parks and Recreation Area as presented with the amendments to the word- ing and to have the City Planner and Director of Parks and Recreation make the changes and renumber the pages to conform to ma~er. ~so Schorr seconded the motion. Motion carried 4-0. Chairman Ryder then referred to Page 95 and told about their previous discussion regarding the guarantee aud asked if a maintenance bond would be necessary. ~ere was a lengthy discussion about the actual procedure follow~d~iwith the per- formance bond and the necessity for a year's guarantee on the materials and workmanship. Mr. Clark then advised that he would research this further and if necessary to be changed, he will submit a recommendation to the Board. Chairman Ryder then continued with Page 100. ~. Clark in- formed them these were additional permits required ~d M~. ~nnunziato explained how the South Florida Water Management District had assumed tremendous powers ~ud controls. Col. Trauger then requested again that it be noted what references were used and the dates. They discussed the agencies in con- trol of these permits and it was agreed to state: "all regu- latory agencies". Chairman Ryder referred to Page 101 and the mainten~uce of canals ~ud explained how it was very hard to determine who owns what. Mr. Annunziato explained how they were requiring on the plats that the land surveyors note that the control of aquatic weeds, etc. will be assigned to the developers. They discussed further the maintenance of the canals and the City's actual responsibility. ~. Clark clarified that the City would only be responsible for the minimum drainage re- quirements. There was further discussion about the actual drainage easement ~ud ~@. Clark advised he would research this further and check with the County. Chairman Ryder proceeded to Page 102 and ~s. Huckle ques- tioned the width of 60 ft. They discussed how 60 ft. ap- plied and it was agreed that further clarification was needed. MiNU~S - WORKSHOP [~fl~ET!NG PLANNING & ZONI%[G BOARD PAGE FiVE APRIL 20, 1 977 Chairman Ryder continued with Page 103 and stated this ap- plied to previously platted subdivisions. Mr. Annunziato told about conversation with the staff regarding this sec- tion and the members discussed at length how this applied to Lake Boynton Estates.. FAr. Annunziato then referred to the next page and explained how the percentage could be altered. Mr. Clark clarified that this gave the City the right to effectively abandon a plat at the request of an owner and it would be replatted by the current ownership. Ms. Annunziato continued with Page 105 stating the clarifica- tions and specifications. They discussed the requirements through Pages 107. Chairman Ryder then referred to Yarimuces and clarified that these were not subject to review by the Board of Adjustment and the Council has control and Mr. Annunziato agreed and explained that the Board of Adjustment only has powers and control over zoning ordinances and this is an additional *See Minutes document for platting, of 4/26/77 P& z ~. Annunziato stated that Page 112 just listed the penalties and prohibitions. Pag~ 113 covers the usual paragraphs at the end of all ordinances. Page 1~4 states it will be in- clude~ in the Code of Laws of the City of Boynton Beach. M~. Annunziato then informed them that the forms at the back of the ordinance have been reviewed and several are being used. The forms were reviewed by the former City Attorney, Mr. Reed, and were prepared by attorneys. Col. Trauger remarked that he thought the flow chart was most helpful. ~. Annunziato referred to Page 121 and stated that the County Commission did not necessarily approve our plats.~ Mr. Clark explained how it was now possible for their plats to go directly to the County Clerk to be recorded. However, he explained how this put the responsibility specifically on him aud he had no objections to continuing the procedure of having the developer go through the Board of County Commis- sioners. Mr. Annunziato told about the delay encountered in Broward County with plans being reviewed by the County Planning Commission and stated he did not see where it was necessary for the Board of County Commissioners to approve the plat when they have a good comprehensive plan. Mr. Clark replied that he,did not agree as the County will be involved with rights-of-way and canals. Further discussion ensued. MINUTES - WORKSHOP ~ETtNG PLANNING & ZONING BOARD PAGE S~ APRIL 20, 1977 Col. Trauger moved to adjourn, seconded by Mrs. Schorr. Motion carried 4-0 and the meeting was properly adjourned at 5:00 P. M. Respectfully submitted, Suzanne Kruse Recording Secretary (Two Tapes)