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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