Minutes 10-12-76MINUTES OF THE REGULAR MEETTNG OF THE PLANNING & ZONLNG BOARD
HELD AT CITY HALL, BOI~TON BEACH, FLORIDA
TUESDAY, OCTOBER 12, 1976 AT 7:30 P. M.
PRESENT
Joseph T. Kelly, Chairman
Fre~. Kostner, Vice Chairman
Richard Lambert
Simon Ryder
Garry Winter
Carmen ~nununziato, City Planner
ABSE~T
Louis Reiser (Excused)
Oris Walker
Chairman Kelly called the meeting to order at 7:30 P. M. and
introduced the members of the Board sad the City Planner.
Public Hearing
Chairman Kelly requested the record to show that public notice
was given by p~blication in the Boynton Beach News Journal on
September 23 and 30, 1976, and he then read the following
notice:
An ordina~
amending
lations,
(being a
forth con
and custo~
nonoonfor~
savings
and for
~ce of the City of Boynton Beach, Florida,
~ection 11.1(C) of Appendix A, Zoning Regu-
~f the codified ordinances of said City
oortion of Ordinance No. 76-19) setting
~itions under which a single family residence
~ary accessory buildings may be erected on a
~ing lot; providing for authority to codify,
~ause, repealing provision, an ef~ec~mve date
~her p~poses.
Chairman Kelly then requested Mr. ~nnunziato to give a sumner-
ization or
that the Nonco!
C, for nonconf~
kind of use pr~
a plat of reco~
having been zo~
plained the po~
ney was in agr~
viewed several
the County Ord~
singl~ family i
possiole for a
small lot, but
Chairman Kelly
three gentiemei
Ranch House an~
Gentleman Jims
[~uation. Mr. Annunziato informed the Board
~for~ming Use and Structure Ordinance, Paragraph
~rming lots as it exists today provides for any
~vided it was zone~ that way when the land was
~d. He told about the possibility of a lot
~ed com~ercial in a residential area. He ex-
~sible consequences and advised that the attor-
~ement that it could possibly happen. He re-
ordinances and this is~almost verbatim from
~nance which limits that type of situation to
~omes. He explained how this would make it
person to build a single family house on a
could not be used~for business.
requested the record to show that there were
present in the audience: ~. Miller from
another gentleman and Mr. Soloman from
Following procedure, he asked if anyone was
MINUTES
PLANNING & ZONING BO~D
PAGE TWO
OCTOBER t 2, t 976
present in the audience in favor of this proposed ordinance
as outlined by the City Planner and received no response. He
then asked if anyone was opposed to this ordinance and re-
ceived no respcnse.
Mr. Ryder referred to Page 2 of the Ordinance, Minimum Yard
Setbacks, and the statement of the side interior being 15%
of the width. ~. Lambert referred to this being more re-
strictive than the present requirements~of the existing code.
There was a lengthy discussion with examples figured out how
it would apply to various lot sizes, the possibility of basing
i~ on minimum etback~ instead of percentage, requirements c~
different zones, etc.
Mr. Ryder then made a motion that the Board recommend to the
City Council t~e addition of the following sentence to be in-
~erted at'i~the end of Paragraph A on Page 2: "The requirements
~n no instance, need exceed the minimum district site regula- '
vions". Mr. K~stner seconded the motion. Motion carried 5-0.
Chairman Kelly referred to the gentlemen in the audience
· M
wamt~ng almost an hour and suggested that a motion would be
in order to dispense with the regular order of business and
proceed to Site Plan Review. Mr. Kostner so moved, seconded
by ~. Lambert. Motion carried 5-0.
Site Plan Revie~
Ranch House
Applicant:
Location:
Addition of outside cooler
Ranch House of America, inc.
Congress Avenue
M~. David ~lie~ stated his name and advised that he was
Director of ConStruction with Ranch House Restaurants. He
added that the company's address was 7760 N. E. 4th Co~t,
M~ami, Florida.
M~. Annunziato
because a permi
cant receives a
Board and appro
informed the Board this plan was before them
t may not be issued until the owner or appli-
recommendation from the Planning & Zoning
¢al from the City Council. Mr. Ryder referred
to an addition planned and Mr. Annunzia~o informed him this
addition~ was aot included on the original site plan. The
outside cooler did not exist, but was indoors on the original
plan. They hav~ decided to use the space in'the interior.
This review is ~or a modification of the existing plan for am
outdoor cooler.
kitchen space.
ziato pointed o
and explained.
space and Mm. M
same. Mr. Ryda
}~. Miller added that they needed additional
The members reviewed the plans and Mr. Annun-
~t the addition was to the rear of the building
M~. Kostner questioned additional parking
£!ier informed him the seating capacity was the
asked aboUt an entrance from Congress Avenue
MINUTES
PLANNING & ZONING BOARD
PAGE TFd~EE
OCTOBER 12, 1976
and Mr. M~i!ier explained how the only entrance was erom the
Winn-Dixie Plaza. Mr. Lambert asked about recommendations
from the T. R. B. and Mr. Annunziato advised that they had
none, but had reviewed and approved the plan. Mr. Lambert
asked if it was just a concrete block structure addition
and .Mr. Mille~ replied: yes and M~. Annunziato further ex-
plained the building drawings.
Mr. Lambert m~de a motion that the Board reco~mend to the
City Council ~he aporoval of an addition of an outside cooler
9n the Ranch House ~estaur~ut located at 240 North Congress
~venue as submitted. M~. Winter seconded the motion.
Motion carried 5-0.
Gentleman ~ims:
Applicant:
Location:
Modification to Facade
Gentleman Jims: ~. Soloman
2404 S. Federal Highway
M~~. Annunziato informed the Board that this plan comes to
them under the same circumstances as the last one. This is
a modification to the facade and also a covered walk.
~. Henry Soto~n stated his name ~d informed the Board that
~? ~s. the President of Gentleman Jims, 2~1N. E. 36th Street
Lmgat~ouse Point. M~. Lambert referred to this just being
~he ~dit~on o~ a. oovered walkway and ~. Soloman'explained
ow ~ney desired ~o improve the exterior of the building.
He adde~ that there would also be a Phase 2 to put a portion
on. for people ~aiting for cars.
M~. Lambert q~stioned why this was before the Board and re-
ferred to th~s being an existing structure. ~. Annunziato
explained how ~t was a requirement of the law that before
permits could ~e issued, the applicant must receive a recom-
mendation from the Planning & Zoning Board and approval of
the City Council.
M~. Lambert th
regards to the
light. Chair~
the attention
instructed to
to allow custo
M~. Annunziato
to the City an~
Soloman to com~
occuring and a~
~n asked if anything had been worked out with
exit of the parking lot regarding the traffic
m Kelly told about the Mayor bringing this to
~f the City Council and the City Manager was
.nvestigate the possibility of a traffic light
~ers to emerge to go west, south or north.
referred to a traffic light being a benefit
the restaurant,s customers and asked
ent. Mr. Soloman told about three accidents
;~east two letters having been written to the
City Council_. H~ explained how it would be hezpfu_~ ] if the
back of the traffic lights were exposed. He did talk to the
Police Department about it ~nd was told tha~ when coming
~ ~ ~ - o out
o, pr_vate property onto a thoroughfare, the traffic did not
warrant a traffic light. It is an intersection t~ an exten~,
MINUTES
PI~!~'ING & ZONING BOARD
PAGE FOUR
OCTOBER 12, 1976
even though it is not four way. However, he did not know
whom to present this-to. Mr. Kostner suggested contacting
Florida Power ~& Light Co, and M_r. Soloman replied that he
was told the City would take care of this. He stressed that
it would be h~loful to have the mask removed in the back of
the trafflc l~ghto Chairman Kelly suggested that ne contact
the City Manager to find out his results of the investigation
as directed by the City Council previously. Mr. Soloman
f~ther explaJ
the people.
improved traf~
~. Soloman's
might recomme~
shared by botl
favor of this
this concern
M]~. Winter ma
approval of t~
Jims at 2404
plans. Mr. L~
5-0.
They further
told about pl
this location
into that pro]
Mm~. Winter ma(
investigation
traffic exlti~
if any costs ~
and G~ntleman
discussion, Mn
M~. S oloman i~
re plied that
5-0.
Mr. Lambert r
and stated he
plm~s to have
City Councit.~
this ar_d expL
cant ~ad furt~
and eliminate~
discussion re
~. Ryder the
business, sec(
ned how he was concerned with the safety of
~. Annunziato stated that if the benefit of
ic signalization accrues to both the City and
business, perhap~ the Planning & Zoning Bo~d
.d that the cost, if amy, of the benefit be
parties. Mr. SOloman replied that he was in
They are concerned with safety and appreciate
nd interest.
.e a motion to recommend to the City Council
.e mom!fmcat~ons of the facade of Gentleman
Federal Highway, as shown one, the submitted
.~bert seconded the motion. Motion carried
iscussed the traffic light and >~. So!oman
~nning to have their executive headquarters at
also which would mean additional traffic coming
~erty.
.e a motion to recommend to the City Council the
of opening the traffic light to accommodate the
g from Gentleman Jims onto U. S. Route 1 and
re incurred, they shall be shared by the City
Jims. Mr. Kostner seconded the motion. Under
'. Annunziato requested the record to show that
~ ~resent and is in agreement. Mr. So!oman
~e~was very much in agreement. Motion carried
,ferred to both preceeding site plan reviews
did not think it was necessary for a set of
to go through the Planning & Zoning Board and
M~. Annunziato referred to the law requiring
~mned that _~t was not a hardship to the appli-
~er explained how it was a benefit to the City
problems in the future. There was further
arding the possible benefits.
moved to revert back to the regular order of
>nded by M~. Kostner. Motion carried 5-0,
MINUTES
PLANNING & ZONING BOARD
PAGE F~E
OCTOBER 12, 1 976
Minutes of Re~
Mr. Ryder reft
it should be:
and stated it
rive railing.
~. Lambert re
~ad stated he
to Paragraph~
affect to pro~
replied that i
cent ~ea wou!
Lambert stated
values. ~. E
M~?. Winter mad
28 as amended
ried 5-0.
Minutes of Wo~
Chairman I~elly
ceived these
a copy.
~r. Kostner mo
lng ~inu~es of
Motion carried
Communications
Chairman Kelly
Affairs advisi
h~.ld on Octobe
attending this
would be going
ply with the !
the City was r
pleted in 1979
Review of ~o~
Mr. Annunziat~
points in the
stating that t
answered both
developer,s vi
promised to wo~
He went a litt
cedures to m~
~l~.....M~et~n~ of September
fred to Page 5, second paragraph, and stated
widow's walk. He continued in this paragraph
was merely a i ft. encroachment of the decora-
ferred to Page 7, second paragraph from bottom,
believed it should read: M~. Lanfoert referred
-5 and questioned how they wodld determine the
erty values in adjacent areas. Chairman Kelly
t was all inclusive as how it affects the adja-
d naturally include property values. ~.
he was referring specifically to property
ostner.stated this was almost the same.
e a motion to accept the Minutes of September
M~. Kostner seconded the motion. Motion car-
kshoD...Meeting of Octgb~6,~!97~
ascertained that the members had not yet re-
inutes ~ud he was the only one who had obtained
~ed to table consideration of the Workshop Meet-
October 6. Mr. Ryder seconded the motion.
5-0.
read a letter from the Department of Community
ag of a Comprehensive Planning Workshop being
r 28. The members discussed the possibility of
meeting and ~. Annunziato advised that he
. He explained how the Board would have to com-
975 Local Comprehensive Planning Act and that
squired to have a new comprehensive plan cora-
~sed .P.I.D. Ordinance
referred to being asked to consider weak
Eoning Ordinance. He referred to previously
~e Office Park Zone left many questions un-
,rom the City's viewpoint ~d the potential
~wooint. Many questions were asked and he
~k-on an ordinance to answer these questions.
~e further and built in requirements and pro-
it necessary for the developer to demonstrate
MINUTES
PLANNING & ZONING nON, RD
PAGE SLX
OCTOBER 12, 1976
his development is worthy of P.I.D. zoning, It gives the
Planning & zoning Board the latitude to approve uses and does
provide uses prohibited. He explained how the procedure
pretty much followed the procedure outlined for a PoU.D.
The elements and design criteria are included to promote a
district that will be easily integrated into any area in
the City. Co:
warded to the
time to go ov
is prepared t
Mr. Lambert q
ing zoning ma
zoning set, b
zoning someon
would be impo
La~oert asked
replied he th
more concise
Chairman Ke!l
this proposed
Ms. Lambert.
two weeks ago
man Kelly the
Thursday of t
next meeting
be available
stated he did
the Board mem
It will be a
agenda has nu
that they sho
Mr. Lambert r
ferred to the
he thought th
that he was p
the City Pla~
a motion to d
the first mee
Motion carrie
~. Lambert a
and M~. Annun
given to the
thought the p
ances they ne
Mr. Annunziat
shop meeting
night to disc
that M~. Clar
mments from three staff members have been for-
Board members. He thinks this is the proper
~r this ordinance. This is a proposal and he
go over it one page at a time.
~estioned where this would fit into the exist-
? and M~. Annunziato replied that this is not
~t is on the land. He explmined how it was
~ would request. This is not a zoning which
=ed, but a zoning requested of the City. Mr.
if it was similar to OP and ~. Annunziato
ought the intent was similar, but it is much
~nd descriptive.
Z asked if the members had a chance to review
ordinance and all replied negatively except
~. Annunziato referred to distributing these
, but added that it could be postponed. Chair-
~ advised that he would be out of town from
~is week and would return on October 30. The
~ill be chaired by the Vice Chairman. He will
~ny time after October 30. ~. Annunziato
not see any purpose in reviewing this until
0ers ha~had a chance to review it thoroughly.
~onth before it can be discussed as the next
merous public hearings. Chairman Kelly agreed
~ld study it and ~. Ryder and Ms. Winter agreed.
~ferred to reviewing it and Chairman Kelly re-
time being after 9:00 P. M.~and asked how long
~ discussion would last? M~. Lambert replied
repared, but it didn't seem practical for just
aer and himself to discuss it. M~. Ryder made
sfer the subject of the P.I.D. discussion until
ting in November, seconded by Mr. Kostner.
d 5-0.
~ked if there was anything to note particularly
ziato suggested that particular attention be
sriteria, Section H. He explained how he
rocedure was good with all the checks and bal-
o then referred to their agreement at the work-
to set another date~ifor a work~hop meeting to-
mss the subdivision regulations. He added
k would be able to attend any working day.
MINUTES
PLANNING & ZONING BOARD
PAGE SEVEN
OCTOBER 12, 1 976
After discussion, it was agreed that Chairman Kelly would
call each member after he returned and poll the Board to
possibly set up a workshop meeting before the first regu-
lar meeting in November.
Mr. Winter mad~
Motion csa~ried
9:15 P. M.
Respectfully
Suzanne Kruse
Recording Sect
(Two Tapes)
a motion to adjourn, seconded by Mr. Kostner.
5-0 and the meeting was properly adjourned at
~bmitted,
~ t ary
AGENDA
PLANNING AND ZC~ING BOARD
Regular Meeting
Date:
Time:
Place:
October 12, ~976
7:30 P.M.
Council Chambers - City Hall
1. Acknowledgem~at of Members and Visitors.
2. Reading and Approvalof Minutes.
3. Announcements.
4. Communications.
5. Old Business:
6. New Business:
A. PUBLIC HEARINGS:
Co
AN ORDINANCE
AMENDING SECT
LATIONS,' OF T
(BEING A PORT
FORTH CONDITI
ANDCUSTOMARY
A NONCONFORMZ
CODIFY, SAVIN
EFFECTIVE DAT
DF THE CITY OF BOYNTON BEACH, FLORIDA,
~ON tt.i~(C)__OF-_APPEND~X A, ZONING REGU-
EE CODIFIED ORDINANCES OF SAID-CITY
EON OF-ORDINANCE NO. 76-19) SETTING
DNS-~NDERWHICH~A SINGLE FAMILY RESIDENCE
-ACGESSORYBUtLDINGS~MAY BE ERECTED ON
~G~LOT~;~PROVIDING~OR--AUTHORITY TO~
ES ~CLAUSE,-REPEALING P~OVISION, AN
E AND FOR~OTHER ~URPOSES.
SITE PLAN REVIEW:
Ranch House:
Applicant
Location:
Gentleman
Applicant
Location:
REVIEW OF PRO
Addition of outside cooler
: Ranch House of America Inc.
Congress; Boynton Beach
Jims: Modification to Facade
Gentleman Jims; MR. SOLOMAN
2404 So.~ Federal Hwy. Boynton Beach
?OSED P.I.D. ORDINANCE