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Minutes 09-28-76MIh~3TES OF THE ~GULAR ~ETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESD4Y, SEPTE}'~ER 28, 1976 AT 7 '~ ,~0 P. ~ PRESENT ~ Joseph T. Kelly, Chairman Fred Kostner, Vice Chairman Richard Lambez t Louis Reiser Simon Ryder Oris Walker Garry Winter Chairman Kell~ audience and c referred to t~ members, City PUBLIC H~ARINC~ - 7:30 P. M. Chairman Kelly Boynton Beach "Notice is her the City of Bc Tuesday, Septe to consider t} An Ordim amending Regulati. to add a use in th cation an within fu area not for autho provision Chairman Kelly speak in favor to the microph i~. Robert B. S. W. 8th Aven of this ordina heartedly for his competitor Chairman ~ie!iy and received n Mr. Ryder refe and according with the conse Carmen Annunziato, City Pts~_ner welcomed the two gentlemen present in the a!led the meeting to order at 7:30 P. M. He e full Board being present and introduced the Planner and Recording Secretary. ncc of the City of Boynton Beach, Florida, Section 6(D)(1) of Appendix A, Zoning ns, of the codified ordinances of saidCm~y'~ new subparagraph (w) allowing as a permitted e C-4 General Commercial District the fabri- d assembly of custom cabinets and furniture lly enclosed buildings having a maximmm floor more than six thousand square feet~ providing rity to codify, savings clause, repealing , and effective date and for other purposes." asked if anyone in the audience wished to of this ordinance and requested him to come one. P~tter stated his name and his address as 111 ~e. He referred to being on the ground floor ncc and advised that he is fully and whole- the ordinance. It will help him, as well as asked if muyone was opposed to this ordinance 0 response, fred-to this matter being discussed previously to the ordinance proposed, it meets substantially asus of their discussion. eby given that the Planning & Zoning Board of nton~Beach, Florida, shall meet at 7:30 P. M. her ~8, 1976, at the City Hall, Boynton Beach, following proposed ordinance entitled: read the following notice as Dublished in the News Journal on September 9 and 16, 1976: MINUTES PLANNING & ZONING BOARD PAGE T~0 SE~E~ER 28 ~ 1 976 Chairman Eie!!y read the proposed ordinance in its entirety. Motion carried 7-0. MINUTES ~__~nute~ of the ~0rkshop Meeting of September 9, 1976 Chairman Kelly called on each individual member and ascer- tained there w~re no omissions, corrections, or errors. Mr. Kgs~n~r ~!oVed that the minutes be adopted as presented, seconmem oy ~. Lambert. Motion carried 6-0 with Mr. Walker abstaining. Minutes of the Regular .Meeti~ of SepSember 14~ 1976. Chairman Kelly tained there we Mr. Kostner m~ seconded by ~ abstaining. Minutes of the Chairman Kelly tained there w~ M~. Lambert m~ seconded by Mr. and ~. ~alker C 0 M~gJN tCAT IONS called on each mnm_vmduat member and ascer- re no omissions, corrections, or errors. ed that the nainutes be adopted as presented, Walker. Motion carried 6-0 with ~@. Reiser ~'orkshop M~etmng of September ~0~ ~97~6 called on each individual member and ascer- re no omissions, corrections, or errors. sd that the minutes be approved as read, Winter. Motion carried 5-0 with ~. Reiser ~bstaining. Chairman Kelly ~eferred to acknowledging before the meeting that all the members had received a copy of the letter from the City Attorney to the City M~nager regarding the functions of the Board of Adjustment. OLD BUSI~oSSWM Modifications t M ~ ~. Annunzma~o prepared from tl stated at the w Ordinance, Page recommended: (a) To (b) To re~ the Permitted Uses ~ the R-3 Zo~ ?eferred to his proposal given to the members %eir consensus of opinions and information )rkshop meeting. He referred to the Zoning 21, Section 5(G)(t) and the following is aain. MINUTES PLAh~iNG & ZONING BOARD PAGE THREE SE PTE~'~ 1 976 ~_~ ~.. ~R 28, (c) (d) (e) (f) (g) To be removed in its entirety. To ] ref~ lie~ the vid~ To To To M~. Ryder sta sue which wa~ At that time, a proposal an( · emain as a conditional use. He added that in ~rence to the conditional use, he doesn't be- 'e the Conditional Use Ordinance referred to R-3 zone and the proper language must be pro- ~d. He will take cs~e of this. ~e retained as a conditional use. ~e retained as a conditional use. ~e removed in its entirety. ;ed that he be!iwed this represented the consen- finally developed at their workshop meeting. ~. Annunziato indicated he would come up with he has done very well. M~. Kostner r~ferred to further study being requested with reference to paragraph (d) and Mr. Annunziato informed him that he would~m~3~e t~at particular ordinance applicable to every zoning Category with conditional uses. Mr. Ryder moved that this Boar9 recommend to the City Council that an ordinance be prepared ~o provide for the following (!) Uses Perm: Delete ti for hote: C-3 Zone, and main~ lines ar~ rate clu~ Paragrap~ mainlY m Zone. ;he Official Zoning Regu!ations~with reference ~)~ R-3 Multiple Family ~velling District, under ~tted~ ~e entire Paragraph (c), as such use is mainly .s, motels, etc. and these are permitted in the Paragraphs (d), (e), and (f) to be asterisked ~ained as conditional uses for which new guide- ~ now being prepared. The uses herein are pri- ~s, golf course, and rooming and boarding houses. ~ (~), delete entire paragraoh, as such use is ~rSing homes which a_~e permi%ted in the C-1 ~. Kostner s( Lambert state~ strongly that Paragraph (c) being noted a~ be conditional Zoning Regulat and City Coun( major thoroug~ in an area ab~ think it is b~ modate hotels ~id not accom! He referred t¢ explained how sist and guid~ them. ,conded the motion. Under discussion, P~. ~ that he disagrees with this. He feels very Paragraphs (a) and (b) should be retained and should be retained with their accessory uses conditional uses. Also, Paragraph (g) should use. At the time of the adoption of these ions, he feels sure the Planning & Zoning Board il felt they needed this particular zoning on .fares. Now a handfull of people, who have moved ~tting an R-3 area,oppose this. He does not lng replaced with an area designated to accom- and motels. Chairman Kelly replied that this ~lish ~uy concession to any group of people. prior to the adoption of Ordinance 75-19 and the Board did not have a zoning expert to as- They felt at the time that it might MINUTES ~A~'iNG & ZONING BOARD PAGE FOUR S~_E~'~mR 28, 1976 be a good piacs for motels due to the possible convenience, but it has beea pointed,'~out from better authority that it is not recommended. He fully agrees with the recommendations of the City Plannsr. Mr. Kostner ad matter, he was motels being s was under the area in questi made ~ study ~ to this inter~ This area cou[ about his own near interchsm possibility, h M~. Lambert ag that this prop motels. In hi vided areas to properties. C Fort Lauderdai sider stopping motels preferr is why they ar Mr. Lambert qu R~der explaine ded that during the last discussion~on this greatly concerned with regard to hotels and ituated near an interchange, At that time, he impression there was no other s~ea except this on on S. W. 15th Avenue. Since then, he has f the map and finds there is an area applicable hange on the southwest side of the interchange. d be zoned for hotels and motels. He told experience finding that motels are convenient ges. However, since they have this other e has changed his opinion. reed this was a good point, but pointed out erty was not zoned properly for hotels and s opinion, he does not think they have pro- t ~ replace the current hotel and mo e~ zoned hairman Kelly referred to the nearness of e and Miami and how people may not even con- at Boynton Beach. ~. Ryder added that ed to be nes~ stores, traffic, etc. and that e located on Federal Highway. estioned the rush to revise this and Mr. d how people were concerned that this was not a proper buffer to a R-1AA area. Chairman Kelly ried~4-2, ~. Reis~.r abstain N~V BUS I_K~SS Plan Review St. &ndrews Co Proposed 88 Cc 4500 N~ Ocean ~ep. Charles G ~. Charles G. N. Ocean Blvd. President of S their new Gene he would be h~ then called for the vote ~nd the motion car- Lambert and ~. Walker voted against and ~. ed. ndominium ndominium Units Blvd. . Weber, Vice Pres~ent Weber stated his name and his address as 4475 , Delray Beach and advised that he was Vice t. Andrews Condominium. He then introduced ral Manager, ~. Larry Stahl. He stated that ppy to answer any questions. MINUTES PLANNING & ZONING BOARD PAGE FiVE SE~ ~ER 28, t 976 The members reviewed the plans and Mx. Ryder referred to the rail going abc railing was on yes and explad He added that thing was bein rovement over o be a defind ye the 45 ft. height. He asked if the same the ~xisting buildings and ~. Weber replied: ned how it screened the air conditioning units. the buildings, architecture, design and every- g upgraded. It is.larger and will be an im- the existdng structures. He considers this te increase in quality and appes~ance. M~. AnnunziatQ exp!ai~ed that the plan conformed to all zoning ordinances wi~h t~e exception that the widow's walk exceeds the height limitations by ~ ft. It h~s a decorative effect aud he ~es n~t have any objections, out it must be approved by the ~anni~g & Zoning Board and City Council, They pro- pose 88 units of which 40 will be built in this ohase. He then ex~!ained_ how the recreational _ac~l~es~ ' '*~ were being provided on t~ tions were water have be~ recorded ease~ mends requesti be provided replied that the impression M~. Annunziatc bly it is in t to also m~e t personally tak They discussed further. e site. He explained how the staff recommenda- marily of a technical nature. The sewer and n installed, but they have yet to receive the ents for the sewer and water lines. He recom- ng these easements. He also recommends they th "as built~ utility drawings. ~. Weber e was aware of these requests, but was under they had been supplied by the architect. stated that it had been requested and possi- he working stage, but he would like this Bos~d hese requests. Mm. Weber replied that he would e the responsibility to get these to him. the railing and the water and sewer lines P~. Lambert made a motion that the Planning & Zoning Board ~ecommend to ~he City Council the approval of the site plan for St. Andre~s Condomini~a and als~ grant a relief fro~ the 45 ft. height limitation zor the 1 xt. d~corative railing ~ubject to ~he easements being deeded anm recorded and other staff recommendations. ~. Kostner seconded the motion. Motion carried 7-0. DISCUSSION Ac ce ss ory. Buit di~g~s ~,~annunziato stated that_ following the worksho~. p meeting. _~ and as requested by the Board, he wrote oroposals and ma~led uo ~ne Board ~embers, He re~erred vo Accessory Buildings ~na advms=m that ne recommendem replacmng Paragraph B on ~age 14 with the page he prepared and read same. See Mins. of 10/12/71 MiN uTES PLANNinG & ZONING BOARD PAGE SiX ~ ~' ' ~' 1 976 S~PTE~R 28, Mr. Lambert q~ structure wit~ ~. Kostner r~ ft. and expta~ middle of the ing that it s~ but room is n~ to fences and line and stat~ ent. Mr. Ryd~ backs for mai~ cussion regar¢ ~. Lambert ti limitations s~ able, especia~. bitity of a w~ informed him lng a two sto~ further exp!ad ~estioned the reasoning for haviag the storage ~in 3 ft. of the side or re~ property line? ~ferred to the present ordinance requiring 6 .ned how sometimes it had to be put in the yard. He then explained how it was his fee!- .ould be as near the lot line as possible, eded for maintenance. Mr. Lambert referred concrete walls being allowed on the property d he did not see how a shed would be differ- r explained how it was practical to have set- .tenance purposes. There was some further dis- .lng the difference between a shed and fence. .eh referred to the 7 ft. and 12 ft. height · ated and stated he thought it was unreason- ly with garages. He referred to the possi- rkshop being on top of a garage. Mr. Annunziato here was nothing prohibiting someone from build- y detached garage within the setbacks'. He ned how the limitations were calculated. M~. Kostner referzed to being a builder for many 'years mud stated that he concuzred. He also pointed out that having a two story garage ~as almost unprobabl~. I¥~. Winter th~n referred to a garage being built to store motor homes azd Mr. Annunziato stated that he was just making this proposal and it could be altered. After discussion, the members e~pressed their agreement to change the 12 ft. to 15 ft. under 2-B. ~h~. Lambert st the bui[dab!e Annunziato detached Eara~ hibit him fro~ Mr. Ryder ref~ ft. from the p neighbor. Off Street Par Mr. Annunziato boat sales and drift boats. ated that if the building structure was within area, it would not come under this and l~. rified that if a oerson desired to build a e and second story, there is nothing to pro- building within the normal setback lin~s. fred to having a two story garage within 6 roperty line and questioned the affect on the read the parking requirements recommend~m- ~' for service~ boat storage facm~mt~es, charter and M~. Ryder referred to the .75 ps, king spaces recommended for boat storage facilities and questioned how this was decided? ~'~. Annunziato explained how it primarily came from other ordinances. M~. Lambert questioned whether this would affect the recent sit plans approved mud M~. Annunziato replied that it would aot be retroactive. M~. Lambert asked if the existing facil~ties would be rendered non-conforming and ~¥~. Annunziato replied that they would because of the parking. .MINUTES PLANNING? & ZONING BOARD PAGE S~EN S~o~'~' ~ 1976 There was a l~ngthy discussion regarding the actual percentage of ' parking which should be required and it was finally agreed that 5~6 wouI6 be more reasonable. Warehouses Mr. Annunzzat9 referred to Page 29 and sugg~stec that the words: '~nciu~ing Warehouses" be deleted. Chairman K~liy t~_e Board and M~ Lambert agreed this w~s ~he consensus of disagreed. ' · ~eight Limita~ I~. Annunziat~ mended that i~ He added that from the Boar~ He then read ~.Winter ref 25 ft. and st~ and in many cs tions. There tion. Chairman Keil~ may exceed th~ this and Mr. ~ district. T~ heights whi~ mounted amten~ The members f~ ground level ~ specific guid~ was aoreem th~ shall not exc~ antennaes may no instance c~ ~5 fto ~. Lambert t~ tioned how th~ Mr..Annunziat~ Ryder referre~ purpose of th~ M~. Annunziat~ from the Boar~ to interject tots and expl specific guid~ consider ~ ig~s:a~d ,~c_~e~otions referred to Page 14, Section 4F, and recom- be rewritten in its entirety per his. proposal. his proposal took into account the comments ~, cO~mments from the attorney and his study. :~s proposal. .rred to television antennaes being limited to ~ted that Boynton Beach was in a fringe area .ses, they would not be able to get Miami sta- was a lengthy discussion regarding this limita- referred to the second sentence stating it district height limitations and questioned nnunziato ~xplained how it varied with the ere was further discussion regarding the would be appropriate for free standing and ~ae s. .naliy agreed to a maximum of 35 ft. above md then discussed thoroughly how to set the ~lines. After another lengthy discussion, it ~t in residential zones, free standing an2~nnaes ~ed 25 ft. and roof mounted or wall supported not exceed the roof height by 10 ft. and in mnot exceed the roof line height of more them ~en referred to Paragraph B, No. 5, and ques- See Mins. ~y determined the affect to the adjacent area? of 10/12/7 explained how it must be considered. M~. to the introduction and how this was the Board. ascertained that there were no more questions members and advised that ~. Wurth desired is ideas. Mr. Wurth referred to wind genera- ~ined how he thought it Was necessary to set ~lines. After discussion, it was agreed to at a later date. MINUTES ~LANNiN~ & ZONING Final DeciSioni ~. Annunziat o nances to be p: Ordinance be a~ PAGE EIGHT Don Discussions suggested that motions be made for proper ordi- ~epared and the proper sections of the Zoning ~ended as presented and agreed. With reference to Accessory Buildings, M~. Lambert moved to approve the?age PreOa~ed by ~. Annunziato to replace Para- graph B on P~g~ 1~, ~ith th~ exception that section 2(b) shall state that no detached garage shall be constructed to exceed 1~ ft. in height. ~. Kostner seconded the motion. Motion c~rried!7_O' With reference to Off Street Ps, king, Mr. Reiser moved to approve the parking recommendations with the change that under Boat Storage Facilities the .75 shall be changed to · 5. Mr. Winter seconded the motion. Motion carrie~ 6-1 with M~. Lambert vo~ing against. M~. Lambert clarified his vote by stating he ~idn't think adequate consideration had been given. He doe~n't think the question has been answered how this ordinance would affect the existing facilities. With reference words: ~'includ: ~ir. Winter sec, to Warehouses, Mr. Kostner moved to delete the lng ws~ehouses" from Section 6(D)U on Page 29. ~nded the motion. Motion carried 6-1 with ~,~. Lambert voting against. In reference to Height Lmmmva~mons and Exceptions, Mr. Ryder moved to amend Section 4 as follows: Paragraph 1 - To remain Paragraph 2 - To be altered from the way it is written in the ordinance presently and substituted as presented by M~. Annunziato. Paragraph 3 - To be as presented by Mr. Annunziato with the change to 10 ft. for roof mounted and not exceeding 15 ft. in last sentence. Mr. Reiser sec~ Ordinance Rega: M~. Annunziato the members to: to the member~ as soon as he : the form of an then explained entirely. He Discussion of M~. Annunziato ex'~oiained h~ow ] ation. He oug~ ~nded the motion. Motion carried 7-0. Planned tndus~trial Dist~ ~rict referred to giving this proposed ordinance to ~ight and advised that he was circulating it of the City staff who would be interested and ~eceives their comments, he will put them in addendum and mail it to the members. He how this ordinance would replace the OP Zone ~xplained the planned procedure. ~uodm~ msmon Regu!at~ons referred to the length of this ordinance and ~e thought it required a great deal of consider- ~ested that a date be set to discuss it at a Mi~U~S PAGE NINE PLAi~ING & ZONING ~OARD o~.~m~,~ o~z-~'~'~.~n 28, 1976 workshop meeting. After discussion, it was agreed to hold a workshop meeti~g~ on Wednesday, October 6 at 3:30 P. M. ADJOURNmeNT ~. KoStner mo~ed to adjourn, seconded by M~. Reis~. Motion carried 7-0 an~ the meeting was properly adjourned at 9:58 P~M. ResDectfutlY~mitted, Suzanne Kruse i Recording Secretary (Three Tapes ) AGENDA. PLANNING AND ZONING BOARD Regular Meeting Date: Time: Place: September 28, 1976 7:30 P.M. Council Chambers City Hall 2. 3. 4. 5. Acknowledgement of Members and Visitors. Reading and Approving of Minutes.. Announcements. Communications. Old Business: Modifications to the Permitted uses in the R-3 Zone 6. New Business: PUBLIC HEARING 1. Ordinance regardi~, the fabrication a~ fully enclosed bui St..Andrews Cond~ -.Proposed 88 condom 4500 North Ocean B Rep., Charles G. W allowing, as a permitted use in the C-4 District', assembly of custom cabinets and furniture within [dings as specified. PLAN REVIEW inium units lvd. =_ber, Vice President DISCUSSION 3. Accessory Build~ rigs 4. Off Street Parking 5. Warehouses 6. Height Limitations and Exceptions