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Minutes 01-17-77Mih~JTES OF THE WORKSHOP M~ETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MONDAY, JANUARY 17, 1977 AT 3:30 P. M. PRESENT Fred Kostner, Vice Chairman Richard Lambert Simon Ryder Garry Winter Carmen Annunziato, City Planner Tom Clark, City Engineer ABSENT Joseph T. Kelly, Chairman Louis Reiser Oris Walker (Excused) Actingaas Chairman, Mr. Kostner called the Workshop Meeting to order at 3:40 P. M. He introduced the members of the Board, City Planner, City Engineer, and Recording Secretary. Discussion of P.I.D. Ordinance Mr. Annunziato informed the members that he had incorporated most of the changes requested into the P.I.D. Ordinance. Mr. Ryder noted that Storage had been resolved satisfactorily. Mr. Ryder referred to Page 7, Item J, Access to Perform Necessary Public Services, and referred to the comment from Mr. Flushing requesting that words be deleted. ~. Annunziato replied that he did not think that they acted on this request and explained that he thought they should~ leave the words in as they give indication for the City to be held harmless and the members agreed. Mr. Ryder referred to Page 11, Item M, and referred to ~. Clark's comment suggesting the wording to read "City Ordi- nances". Mr. Annunziato agreed this was an error and re- quested them to take out '~Chapter 25 of the City Code". This completed the review of the P.I.D. Ordinance. Discussion of Subdivision Ordinance Mr. Clark referred to Page 50 and stated that he questioned leaving Mobile Home Parks in and Mr. Annunziato suggested leaving them in as there is the possibility in the future, there will be mobile home parks in the annexation area. Mr. Lambert referred to the new revised flow chart and pointed out that neither the Planning & Zoning Board, City Planner, nor Technical Review Board would have the oppor- tunity to review the developer's final plat. M~. Clark agreed this ~as correct and explained how the final plat would be strictly engineering ~nd technical details. ~. MINUTES PLA~U¢ING & ZONING BO~RD PAGE ~;0 J~NUARY 17, 1977 Lambert questioned who would check that the requirements of the Planning & Zoning Board, City Planner, and Technical Review Board had been met? After discussion, it was agreed to have the City Planner o~ the flow chart after the City Engineer and before the City Manager, so he could check that everything was in order before it was presented to the City Council. Mr. Annunziato then asked if the Consulting Engineers should be included on the flow chart at the beginning? ~. Clark explained how the Consulting Engineers were only contacted for certain projects and this would be his responsibility. Mr. Clark then read over Page 54 and advised that this was jUst standard practice. Mr. Annunziato referred to a develop- ment in Boca Raton and told about the advantageous affects of the buffer areas. He then asked if the buffer areas were required to be done when the subdivision was built and ~. Clark replied that he thought they were part of the bonded improvements and he read the first paragraph of Section 9 clarifying this. M~. Lambert asked if there would be a pro- blem with this section outlining buffer areas as it does not conform to the existing buffer laws and Mr. Annunziato in- formed him that the existing ordinance applied to industrial and commercial sites. Mr. Clark proceeded with reading through the requirements for clearing,grading, filling and drainage. Mr. Ryder ~ues- tioned positive drainage and M~. Clark explained how posi- tive drainage was by direct waterway into the ocean. He further explained that they were not requiring this taking into consideration landlocked areas in Boynton Beach and that people wanted to keep the water on their land. Chair- man Kostner stated he was concerned that there would not be run-off onto other properties and the drainage must be con- tained on their own property. This was discussed further and Mr. Annunziato stated that if they required on-site re- tention, they must be sure it will be adequate. Mr. Ryder referred to Page 57, Storm Water Treatment, and asked if they anticipated recharge basins and Mr. Clark ex- plained the requirements for draining into the L~<e Worth drainage canal. ~. Ryder asked how it would apply to land locked areas and M~. Clark explained that it would not be practical for a small subdivision to have storm sewers. Mr. Clark then proceeded to Parks and advised this was con- sistent with M~. Frederick's comments. ~r. Annunziato ex- plained how the City or County had the right to reserve a park area with the option to buy within two years. Mr. Lambert referred to the requirementsof developers having to set aside recreational area. They discussed the require- ments for public parks and parks provided by the developer Mih~JTES PLANNIN~ & ZONING BOARD PAGE THREE JANUARY 17, t 977 for the people in the development-. They also discussed whether the two year li~t was satisfactory for the City to exercise their right to buy the land. After a lengthy dis- cussion regarding the public parks and developer's recrea- tion e~ea, it was decided that Ma. Annunziato would research this further with Mr. Clark and Mr. Frederick. Mr. Clark then continued reviewing the pages. Mr. Clark then referred to sidewalks and advised that the County originally had the sidewalks required to be put in by the developer, but this did not work and now it is a re- quirement of the builder. He referred to the requirement being that all sidewalks shall be completed within a six year period of the final date of acceptance of the subdivision. Chairman Kostner asked what would happen if a developer left within two years and Mx. Clark replied that the bond would not have been released and they would get it from the insur- ance company. ~. Ryder referred to sidewalk~ not being available for people living in the subdivision and Mr. Clark agreed there was the possibility of the vacant property being without sidewalks for six years. They discussed at length how it ~ould be possible to guarantee the construction of sidewalks, but could not reach a satisfactory sollution. They agreed they should be built along with the roads, etc., but could foresee problems when construction of the homes took place. Mr. Clark advised that he would check with the County again for their recommendation and also discuss it with Mr. Howell. Adjournment Chairman Kostner declared the meeting adjourned at 5:00 P. M. Respectfully submitted, Suzanne Kruse Recording Secretary (Two Tapes) Place: AGENDA 0'" PLANNING AND ZONING BOARD Re~lar Meeting : --.' :- ~' -:-' ..... .--'-~ ."-:jl-'/'--~', . ~/',: ../ :.~ ' ~ ,.-:5_-:,-' -'-:., _.,}._....- .... _ -: ..'~': ,,~.-~ ."'. -~ --:~ .: ~ - -: '--.. 7' ...--':_ '~-- .-.' 7:30 P;M. (Reguiar' m~etin9 at ~30 p.m. and Organizat~nal meetin~ to start at O0 p.m.) Council Chambers - -Ackn°Wledgemen~ of Members and Visitors'. 2' ' Reading and Approving. of Minutes.. Announcements. ,4. Communications Old Business:.~iscussiDn'of P.I.D. ~roposal New'Business: 1. Boarding and Retirement ~°uses in'R-3 Zone. ' Presentation by Lou Preiditsch o Set Date on Workshop for Proposed Sub-Division Regulations. 3/19/76 MINUTES OF THE REGULAR ~TING OF THE PLA~E~iNG & ZONING BOARD H~LD AT CIT~ HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 11, 197~ AT 7:30 P. M. PRE?SENT Fred Kostner, Vice Chairman Richard Lambert Simon Ryder Garry Winter Carmen Annunziato, City Planner ABSENT Joseph T. Kelly, Chairman Louis Reiser (Excused) Oris Walker (Excused) (Excused) Acting as Chairman, M~. Kostner called the Organizational Meeting to order at 7:20 P. M. and announced the opening of the meeting was delayed awaiting the arrival of the fourth member to constitute a quorum. OrCanizational Meetin~ M~. Ryder referred to the normal procedure of the new City Council being to make changes in the various Boards; however, he informed them that at the first meeting of the new City Council a motion was made and passed that the. makeup of the present Boards be permitted to stand for the time being pend- ing a subsequent ordinance, if passed, whereby instead of the me~bers serving for fixed periods, they will serve at the pleasure of the Council with the exception of the Boards covered by State Statutes. Based on this, he moves to keep the present makeup of the officers as they n~w exist and recognize the fact that the members whose terms expired at the end of December will continue until the Council comes up with changes in the makeup of the various Board members. M~. Lambert seconded the motion and the motion carried 4-0. Acknowledgement of Members and Visitors Chairman Kostner introduced the members of the Board, the City Planner and the Recording Secretary. He then acknow- ledged the presence in the audience of Councilman Richard Caldwell and Mr. Lou Preiditsch, Present for the purpose of bringing business before the Board. Communications Mr. Annunziato informed the Board that the only communication received was from Mr. Preiditsch, which he included in the packet sent to the members. Chairman Kostner asked if it would be the pleasure of the Board to skip Item 5 and proceed with ~. Preiditsch,s matter. Mr. Lambert so moved, seconded by ~.~. Winter. Motion carried 4-0. MINUTES PLANNING & ZONING BOARD PAGE JANU~RY 11, 1977 New Business B:oarding and Retirement Houses in the R-3 Zone Presentation b~f Lou Prei~i~sch Chairman Kost~er announced that the information presented to the Board at this time seems to be sort of a questionaire and not an application and does not give location, etc. Mr. Louis Preiditsch stated his name and his address as 800 Canary Walk, Gulfstream. He informed the Board that the property in question is zoned R-3. He mud his wife own one acre of land zoned R-3 located at S. E. 4th and S. E. 21st Ave. However, he would like to discuss the entire R-3 Zone. He referred to the erosion of uses since 1955 and the recent plan which further eroded the uses of this land. It is very difficult to see land being eroded when you own it for this period of time and see other things going dn in the City being given a better usage of the land on a one-time hit basis. As soon as it is established, then it is physically taken away through the zoning. He told about his experience in the building industry going back over 50 yeses. He told about coming to the City as a winter resident 24 years ago and explained how the City had not experienced a normal growth, but now has a tremendous amount of condominiums and he thinks they are lopsided with a retirees population. However, they are not prepared for the future of these retirees and their needs in to take away the usage of of this age group the dignity of living in the area they are familiar with, but not to erode this particular type of zoning. He then told about his experience for trying to find a place for an elderly woman and referred to the Four Seasons Manor. He advised that the rooms were small, 10 x 23 ft., and there could be two people in this room unrelated by blood lines. He thinks this is kind of small and the price was a little high. in a triple bed room at Okee- chobee per day. He added that the woman was not _ll and not intensive care, but she is 82 years Old and the doctor says she is a little bit slow. This is where they arS starting to get to the point of what do they do andv~ere to go. Mr. Preiditsch continued that he had discussed with the City Planner the mefinmtmon for the square footage use in a board- ing house and the reeuirement is 750 sq. ft. This is a large room, 25 x 30 ft. 7~0 sq. ft. constitutes the minimum apart- ment. His argument is that he does not understand the re- quirement for 750 sq. ft. for a boarding retirement home. He explained ~ow it could be straightened out by going to court. However, there is the possi~bility that sometimes when zoning 12ws are written, sometning.~s~i~left out. He knows the Board me~bers have worked har~. He believes they MINUTES PLANNING & ZONING BO~RD PAGE T}{REE JANUARY 11, 1977 are talking about interpretation. He would also like a defi- nition of what a reasonable size room would be for a person or two rooms for two people. He is asking for consideration intthis matter for a future time. Mr. Preiditsch continued that in his opinion, there are five items necessary for the people in this City who are getting into these age brackets. He first explained how the hospital was necessary and was doing a fine job. He then referred to convalescent and nursing homes and explained how they were a necessity. They have been included in the R-3 Zone for 20 years and he does not see any reason for them to be taken out at this time. He thinks a better clearer definition is needed for the Building Official, as the City Planner gives a differ- ent interpretation. He questions if they should change any wording and if it is 750 sq. ft., it is practically discrimi- nation. Chairman Kostner called on the City Planner for his input. Mr. Annunziato replied that basically what ~. Preiditsch said was correct, but they are not talking about interore- tation as a definition and numbers are existing in the zoning ordinance. There is no room for interpretation. The informa- tion he gave M~. Preiditsch is correct. The language in the zoning ordinance is meant to fit that ordinance only. The language in the Boynton Beach ordinance could be different than the definition info, the encyclopedia he referred to. De- finitions do exist in the ordinance. 750 sq. ft. is the minimum living size in the code regardless of what it says in any other code. Concerning definitions and opinions as they relate to the definitions and facts, he cannot agree with ~. P~eiditsch. ~. Preiditsch referred to the permit being issued in December, 1975, for the Four Seasons and it still being incomplete. Mr. Annunziato replied that neither he nor ~. Howell were em- ployed by the City when the permit was issued to the Four Seasons. He is concerned about it, but there is nothing they can do at this point. He concurs that a permit was issued, but whether or not it was a mistake, he cannot judge. ~. Lambert asked if this complex met the code or zoning and M~. Annunziato replied that he could not say as he would have to examine it. Chairm~ Kostner stated that this was past history and they were concerned with the present. ~. Preiditsch replied that he appreciated this was past history, but referred to someone getting something and then the ladder is pulled up. ~. Lambert asked if the guidelines were dif- ferent when the permit was issued and M~. Annunziato replied that he could find no zoning description permitting a living room size of ~2 x 23 ft. Mi~JTES PLANNING & ZONING BOARD PAGE FOUR JANUARY 11, 1977 5~. Ryder stated that Mr. Preiditsch was probably aware that changes were made recently regarding permissive uses in R-3 to make a distinction between residential and commercial uses. Me explained how they felt it was necessary to m~ke"this dis- tinction and the commercial uses were permitted in other zones. He explained how the obvious distinction with the requirement of 750 sq. ft. for boarding houses was to make the difference between them and motels. They have ruled out motels because of the He thinks the intent was to keep this on a different level from motels. They must also keep in mind that rooming and boarding houses are considered in a transient nature. In his opinion, he does not see any justification to change it. It was set up on the basis of the density permitted in R-3. He does not see where they want to consider reduction. Mr. Preiditsch replied that in reference to a transient situa- tion, the Four Seasons and others base their charges on a year lease. He explained how the people did not only stay there for a week. It is a high class operation and there is a penalty if you move out within the year. It is not the usual boarding house. It is a place of residence for a per- iod of time better than a day. The definition of a motel or hotel is for lodging for a day. The classification in this particular instance is that it is a year lease. This is grow- ing by leaps a~d bounds all over because of the population growth. He explained how the City had grown in various areas in 24 years. He thinks this should be included in this area for the people who need these facilities. Mr. Ryder then referred to Mr. Preiditsch mentioning the ero- sion of his property and explained that from time to time, he must adjust to a change in the growing community. If the property is not improved, he must expect a change over the years with the normal growth and development. Mr. Preiditsch explained how he thought the finances available controlled the development. Mm. Lambert stated that they have zoning for boarding houses, but clarified that they were really talking about the require- ment of 750 sq. ft. The question is that Mr. Preiditsch feels 750 sq. ft. is too restrictive. .Mr. Preiditsch agreed and stated he felt that 750 sq. ft. was a little more than what people could chew off their bank rolls, it is a little high with getting maid service, etc. He is talking about one per- son in one room. In the~particular case of the Four Seasons, they are going to put two people in one room not related and ~. Annunziato replied that this would violate the zoning ord- inance. Chairman Kostner added that motels have permanent guests on leases and the boarding situation would follow that line. See 1/25/77 Minutes MINUTES PLANNING & ZONING BOARD PAGE FIVE JANUARY 11, 1977 Mr. Preiditsch continued with advising that he was now squeezed in this property between all commercial properties. He is asking for consideration from this Board to look into this wording which he disagrees on. Chairman Kostner asked if he was prepared t~come in with an application for boarding house purposes and Mr. Preiditsch replied that he could be prepared, but this is a thought out matter and would take 60 days of good He told about the preliminary planning required. CZ irman Kostner informed him that he must follow the procedure through all the various Boards and M~. Preiditsch replied that this was no problem and during his years of build- ing, he has never been without regulations of some kind to adhere to. However, it is the fact of having disagreement regarding the size based on prior instances. F~. Lambert asked if he was under the impression that this Board was going to give a decision? He stated that he feels the code stands on its own. He feels it is defined. ~. Preiditsch replied that this was a'preview of what he would do at a norma~ open hearing. He never believes on co~ng in to bounce on someone. He requests consideration in their thoughts. He will be prepared to come in again. ~. Ryder asked if he was bringing up this matter because of any develop- ment which has happened in or near his area and ~. Preiditsch replied that he did not know what was going on in his area. Chairman Kostner then asked if the City Planner had any addi- tional remarks and ~. Annunziato replied that he had a couple points to bring out. He referred to the minimum unit size being 750 sq. ft. ~ud read the requirements from the code. He added that there we~various procedures open to anyone feeling a hardship is being worked upon them. ~. Preiditsch then thanked them for their time. ~inutes of December 1.4~ 1976 M~. Ryder referred to the first paragraph at the top of Page 12 regarding the discussion of the accessory buildings and advised that~t should read: "between" the setbacks instead of "in" the setbacks. Mr. Lambert made a motion to adopt the ~nutes as corrected, seconded by Mr. ~Winter. Motion carried 4-0. New Business (Continued) Set Date on Wo~.ksho~ for Proposed Subdivision Regulations After discussion, it was agreed to meet on Monday, January 17 ' O at 3.3 P.M. Old Business MINUTES PLANNING & ZONING BOARD PAGE SIX JANUARY 11, 1977 Discussion of P.!.D. Mx. Annunziato explained how this proposed ordinance followed the Deerfield Beach ordinance and was very successful. He further explained how it provided for the development of mn office commerce type park with the uses not limited to any specific number, but does provide for uses prohibited. Chairman Kostner told about a city where he came from provid- ing for a controlled industrial development and how it was very desirable. P~. Ryder agreed it would be highly desirable and expressed hopes for attracting proper businesses. ~. Annunziato continued with explaining how it offered secur- ity to the developer and suggested reviewing it one page at a time. They first discussed Page I and the intent of the ordinance stressing unified control. They continued with reading the paragraphs on Page 2. Chairman Kostner asked if 25 acres was sufficient and Mr. Annunziato explained that 25 acres was the minimum and he had kept in mind not to limit sites along the railroad. They continued with reviewing Page 3. Mr. Annunziato then referred to Page 4, Uses Permitted, and advised that they could take into account the expertise of the Board and the Planner as to what kind of uses they want in the City and he did not feel it was fair to list the uses permitted as uses are developing daily. This would give the Planning & Zoning Board the power to determine if the use would be compatible with the land use plan. M~. Annunziato referred to the Uses Prohibited listed. Winter stated that Item T was the same as Item C and t~m. Ryder disagreed and explained the difference. ~. Ryder then referred to the staff comments and ~. Howell questioning the inclusion of hotels and motels. ~. AnnUnziato explained how a P.I.D. could be an area for commerce and a motel or hotel at the entrance on the main highway would be a convenience for business associates and this was discussed further. After discussion, the members agreed with Mr. Annunziato, but it was questioned whether to list residential uses prohibited. ~. Winter then questioned outdoor storage and explained how it may be necessary in connection with a manufacturing con- cern. Mr. Annunziato explained how he thought it should not be allowed in order to maintain the integrity of the manufac- turing park. ~hairman Kostner disagreed and explained how it may be necessary and suggested allowing it if screened and fenced. After a lengthy discussion, it was agreed to let Mr. Annunziato provid~ the additional wording in the proper loca- tion to cover 0utmoor storage adequately screened and fenced. MINUTES PLANNING & ZONING BOARD PAGE SEVEN JANUARY 1i, 1977 Chairman Eostner then referred to listing lumber yards as a prohibited use and this was discussed and it was decided to include this as Item U. ~. Lambert referred to the possibility of including many more prohibited uses and Y~. Annunziato explained that the ones listed were for emphasis and that the Planning & Zoning Board would have control based on the first paragraph list- ing objections. They continued with their review and M~. Annunziato informed them that Paragraph G (b) was replaced in its entire~y by the paragraph presented by Mr. Clark and Mr. Flushing for clarification. Mr. Annunziato continued with Paragraph H and advised that he had given the Planning & Zoning Board more latitude for determining visitor parking and the person presenting the plan will have to determine the number for the maximum shift. Chairman Kostner referred to running into problems previously with 1½ parking s~aces required. This was discussed and it was agreed this would be sufficient. Mr. Annunziato then explained the requirements for access ways. Mr. Lambert referred to hotels and motels and asked if acces- sory uses were included and this was discussed. They also discussed the dens!ty allowed and Mr. Annunziato advised that they would have control with the permitted uses. Mr. Annunziato continued with reviewing Paragraphs G, H, and I. He advised that ~. Clark Muggested deleting the reference to Chapter 25, which is the e×isting subdivision regulation? and there is a possibility the Chapter number may be changed. He suggested r~placmng it with the aoprooriate City ordinances Mr. Lambert suggested deleting the end of the sentence. ~. Annunzlato then ~ecommended the acceptance of Mr. Fiushing's ~ording for Paragraph I. ~. Annunziato then read Paragraph K and told how this had been a success in Deerfield Beach. The members then returned to the subject of outdoor storage and a lengthy ~iscussion ensued regarding the possible neces- sities for same. It was finally decided to table this tem- porarily for further review. M~. Annunziato then continued with the review. He read Para- the limit to 45 ft, and after ~E NUTES PLANNING & ZONING BOARD R~GE EIGHT JANUARY 11, 1977 Mr. Annunziato continued with referring to the distance re- qui~ed between buildings and read Paragraph P and Q. The actual distance requirements were discussed and it was agreed it was reasonable as stated. Front - 30 Et.~ Rear - 30 Et~ Side - 20 Et. (See 1/25/77 minutes) M~. Annunziato then continued with explaining the green belt area required. Outdoor storage was once again discussed with reference to the landscaping requirements. M~. Annunziato continued with reading the procedures. He advised that Mr. Clark had suggested making a traffic analysis at the ~etermination of the City Engineer and he is in agree- ment with this suggestion. Mr. Lambert suggested adding: "subject to determination of the City Engineer and/or the Planning & Zoning Board." M~. Annunziato continued with reading the conditions ~ud stip- ulations. He ~xplained the platting and master plan require- ments. The quired for the requirements to change a plan. They discussed further the advantages~Of this proposed ordi- nance and how it had been successful in Deerfield Beach. Chairman Kostner then requested Mr. Annunziato to prepare new ~djournment ~. Lambert moved to?a~journ, seconded by Mr. Winter. Motion carried 4-0 and the meeting was p~operly adjourned at 9:50 P.M. Respectfully submitted, Suzanne Kruse Recording Secretary (Three Tapes )