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Minutes 09-09-76MIt~JTES OF THE WORKSHOP .~ETiNG OF THE NLANN!NG & ZONING BOARD NiELD AT CITY HA~L, BOYNTON BEACH, FLORi}A ~ ~' 1976 AT 2:00 P. M. THURSDAY, S~PTm~hBER 9, PR~SEb~T Joseph T. Kelly, Chairman Fred Kostner, Vice Chairman Richard Lambert Louis Reiser Simon Ryder Garry Winter ABSENT Carmen Annunziato, City Planner E. E. Howell, Bldg. Official Oris Walker Chairman Kelly called the meeting to order at 2:02 P. M. He announced the purpose of this Workshoo Meeting was to discuss the various questions having to do with the Zoning Code, Ordinance 75-19. He requested the record to show that this is the Board's first Workshop Meeting of 1976. Chairman Kelly then announced that Mr. Kostner had requested time to bring se~e~al suggestions before the Board. ~. Kostner stated there were a number of matters in the book which should be reviewed with respect~to clarification and possibly some changes. Also, he has taken some items out of the book, so they can familiarize themselves and give them thought. He would like to mention these and ask the City Planner to elaborate on them and also have Mr. Howell participate because many oroblemS come to the Building De- partment which can be corrected by reviewing this book and making changes. He would like ~. Howell to elaborate also. ~. Kostner referred first to a very pertinent oroblem of h~gh radio towers, CB antennas, ~i~dmills, and-any other similar tyoe sSructures attached or detached to bu~ldi~gs~ which he w~uld like to have removed from ao~ residential areas. He makes this suEgestion because of their experience with wind,mill ~owers and he also understands CB towers affect television reception. He gave the example of a large housing development wi~h many towers and the possibility of danger during storms. Chairman Kelly suggested they discuss this item first and the members agreed. M~. Winter ques CB antennas fr~ sonaiiy like t~ tions over 25 there are area does not think antenna or any{ problem with te before the tioned how they could eliminate television or m the City? Mr. Howell stated he would per- see any antenna outlawed in residential sec- t. because of the height limitation. He knows with CB operators having 50 ft. towers. He a residential area is the place for a CB hing at this height unless there is a special levision reception. As of now, they must come d for over 25 ft. M~. Winter stated that he thought 20 ft. was the limit allowed by FCC. MINUTES SEPTE~J~ER 9, 1976 PLA~.$TiNG & zONING BOARD PAGE ~&r. Reiser questioned if it was illegal to install a tower over 25 ft. ~withoUt a permit and Mr. Howell replied that they do haVe them' Mx. Annunziato asked at what point an applicant had tower and He added that law them in re Mr. Ryder clar outla~ing thin certain things belong in res~ to obtain a permit to build an antenna or Howell informed him they could go to 25 ft. he was in agreement with ~. Eostner to out- sidential areas. ified that there were two things to consider: gs over a certain height and not permitting . He does not believe structures of this kind dential areas. Chairman Kelly agreed. Mr. Howell suggested outlawing CB antennas in residential areas if it ws~s legal and ~. Annunziato informed him they could not do this. Mm. Howell suggested t~at it be held to a 25 ft. height limitation fro~ grade.and ~. Annunziato agreed that was reasonable. ~. Lambert questioned the height necess~y for a CB antenna and they discussed the reasons for th~ different heights. Mr. Annunziato stated that they were talking about more than CB antennas. ~e explained how possibly they could list those permitted by rasidential, co~aercial and industrial. Mr. Howell pointed out that they must consider not hampering a businessman im a commercial area. He referred to the 45 ft. limitation foz a building and suggested specifying the height above tae building not to exceed a certain amount. M~. Winter told about the FCC regulations and these were discussed together with having the ordinance covering the City's requirements. It was then agreed by the members that 45 ft. above g~ound level would be appropriate for commercial areas. Mr. Howell ref.~rred back to the residential areas and stated that he would Like it held at 25 ft. and ~ti~lated in the book. They die,cussed at length the advantages and disadvan- tages of iimit[ng the height to 25 ft. After discussion, ~he mem~rs~expressed their agreament to setting this limita- .vion with ozfi~ia!~ action to be taken at~a regular meeting. ~.~ Kostner~ ~ referrers. Z to condominiu~· .~ . several stories_ high an~ ~gges~ed ~hat ~he immm~atmon also aopiy. Mr. Annunziato pointed out theft existing structures wou~d be?grandfathe~ed. He thinks in ti~e fut~e, the number of instances where they will have a foyer story building with requests to go above it will be a mini~ 'course. He th: ferred to a fo~ and questioned tenna and Mr. variance. four story bui]~ding. aum. if there are, there is the variance re- tnks it can be left at 45 ft. Mr. Kostner re- ar story building being a maximum of 45 ft. how much taller they would allow for an an- {owell replied: none, they must apply for a Kostner suggested aheight li~it above a M~. Ryder referred to Page .14, F-2, MINUTES PLANNING & ZONING BOARD SEPTEMSER 9, 7976 PAGE Ti~EE and suggested staying with that. the City Atto~ Mr. Ryder agr tures. He th they should m Howell inform. this up and tl will see the a check'list, Board must ao site or more. list to g~s~e Chairman Kelly referred to ?ney questioning the legality of this section. ~ed that it did not soell out specific struc- inks when they get to-unusual type structures, ~ke sure it does not include buildings. ~d them that the way the City Attorney is setting ~e way the Building Department is working, they orints for four story buildings. If they want it would be a good time to bring it up. The ~ove any commercial building on a one acre Maybe it would be a good idea to have a check hese people. ~. Annunziat suggested separating the residential zones and allowing TV ~tennas over 25 ft. in the R-3 zone. Mr. Winter referred to ti~e possibility of having a two story house in another resi~ntia! zone which would bei!imited to a 10 ft. maximum. ~. Lambert ~ated he thought the criteria should be spelled out in detail so the ~!anning & Zoning Board a~ud City Council did not have ~o hear every case and he explained. Mr. Howell suggested hs2~[ng the height limitation added to his plan check list. i~. Kostner agreed it should be spelled out in detail to el~iainate any guesswork. The members discussed further whether the 25 ft. limit would be applicable for all the resident~! zones. Mr. Annunzia~ ~ clarified that there appeared to be a conflict with hav~ng__ o~e particular ordinance dealing with te~ev_smon antennas and ~istrict regulations governing the height as provided in 4~F1 and 4-F2. He suggested possibly changing the wording ahd ~dding a third paragraph to inctude.soecif~- ~tmons for the Boarm to consmder. He thmn~ this could be mone. M~. Ryder agreed and suggested having the City Attorney and ]~r. Howe!~ consider it further also. Chairman Kelly as- certained t~ ~ the men, bets were in agreement to have the City Attorne and M~. Howell make a recommendation to the Board. M~. Kostner t~en referred to warehouses being included in the C-4 zone. He referred specifically to the C-4 zone abutting the intracoas~al and how this permitted steel warehouses. M~. Howell ad~ed that they were also allowed to be 45 ft. mgn. Chamrm~n Kelly requeotea further discussion ~ud ~ Annunz~a~o s~ted that warehouses do not belong in the C-4 zone. He thi~ on the downto~ the solution know just how land use stud~ find out if ti alternatives. ~ks the C-4 zone is too permissive to be located ~n streets of Boynton Beach. He does not have ~nd it will t~e time and study. He does not this zoning was prepared. They must have a to know what,uses are existing. They must ~e zoning is sufficient and must e~plore the MINU ~aS ~LANNING & ZONING B0~D SEPT~R 9, 1976 PAGE FOUR Chairman Kelly recommended in. order to prevent a law suit against the City until they get all this study made, they should t~me warehouses out of the C-~ zone in the downtown area. He added that the master plan shows this area as CBD. ~. La~bert pointed out that in t~ming out warehouses, they may as ~et! t~e out a lot o£ the other uses and ex- plained how ~any needed warehouses. Mr. Annunziato re~lied that he thought they should tsd4e out warehouses and stated this was a problem in differentiating between C-4 and M-1. He agreed there was a lot that could be taken out of C-4- but ~tudy is n~cessary. ~. Lambert remarked that befor$ taking t~em out, they must have someplace to put them. Chairn~n Kel[y suggested taking out warehouses and sitting tight on the other things. ~. Lambert disagreed and ex- plained how ther uses would be automatically prohibited having warehouse storage. There was further discussion~ and Chairman Eel!~ ascertained that the consensus was to remove warehouses from C~4 with Mr. Lambert disagreeing. M~. Lanfoert s · momted. The with storage Mr. Howell re both sides of possibly rezo what they wou M~. Ryder poll what they call agreed that s to change the Kostner agree~ Mr. Kostner tion of portal quirements po~ to set the sh~ when limited required. were causing a utility she< but the side see a 7 ft. h~ is 7 ft. high should be all( asked if permJ Howell ~ep!ie~ e p~esented asked if a fo~ yes. tressed that half the uses in C-4 would be pro- ~mfierence between warehouses and a business ~as discussed at length. ferred to the biggest problem in C-4 being Ocean Ave. and along U. S. 1. He suggested ~ing these areas. Chairman Kelly questioned Id rezone it to and ~. Howell suggested C-2. ~ted out that it was not always the matter of it, but what t~e Dermissive uses are. He )mething should oe ~one, but not necessarily zoning, but possibly to take.out uses. Mr. this would be the best approach. en referred to the requirements for the !oca- ~!e storage sheds. He explained how these re- ~ed a hardship at times and he saw no reason ~d back. He thinks they should be permitted ~n size. Also, a foundation for the shed is . Howell agreed that the setback.requirements mrdships. He informed them that right now, can be 6 ft. from the rear property line, etbacks must be maintained. He would like to ~ight limitation and 10 x l0 ft. size. If it and properly buffered with a wood fence, it ~wed to be set against the fence. Mr. Annunziato ~ts were required for utility sheds and M~. ~: yes. ~r. ~nnunziato asked if a survey must md ~. Howel! rep!led: yes. M~. Annunziato ndation was required and Mr. Howell replied: Mr. Ann~nziato referred to the size of the sheds and MINUTES ~}2{NiNG & ZONIi,,G BO~D S~k~R 9, 1976 PAGE FIVE Mr. Howell informed him the standard size was 10 x 10 x 7 ft. Mr. Kostner stated that he didn't agree it should be able to be against the fence and explained the reasons for having a 3 ft. minimum. They discussed further the location and ap- pearance of utility sheds. ~@. Howell th closer setbac !i~'~tation fo was the opini Kostner sugge buildings to tioned ~he thel an clarified that his su ' stion wa t -~ .~. ggo s o allo~ ~s for utl!mty sheds and s~t a height'~d size P them. Mr. Annunziato re~erred to Page ~4, }istance Between Buildings. and asked if it on of the Board to alter these set~'acks? M~. ~ted adding another paragraph to limit accessory oe not more than 100 sq. ft. ~P. Lambert ques- hms would mnc!ude a gar suggested speOifying m,etal or utility s agreed this w~uid ,~e strictly utility sl informed him ~hat West Palm Beach has a or !00 sq. fi4 metal buildings. T~e si cussed furthe~ and also 'the ,oossibility shem in conjunction with a g~rage or c~ suggested sta$ing detached utility shed .gested defining a utility building acco' ~mng de~ache~ and P~. }~_ostner admed th~ paragraph should be made. - ~%~. Kostner tl spaces at boa~ Howell added culated the a~ boats put int~ into consider~ parking space~ street. Ther~ He suggested at the end of !ation to pro~ at the time o~ a set ~ule on charter boats~ This is somet? that he did n~ did not think limitations a~ will go somewl requirements cussion and t~ would do some storage wet an Board. ~en referred to the prob!e~ ~ storageaareas where leas~ ~hat at the Sea Mist Marin~ ~ount of ~5~ parking space~ ~ the water any ten hour d~ ~tion ~arking for workers, on the site and could le~ was ~ ~uestion of the ti~ f the Board allowed this the lease there should be ide for that parking, it ~ces. He explained how tl ~d need many more addition~ a storm. He would like boat storage par~ng. A1 they must consider how m~ ~ge and ~. Howell ~ed. ~. Kostner ~eds, M~. Howell m~imum of ~O x 10 ft. ~e limitation was dis- of having a utility ?port. Chairman Kelly , ~. Lambert sug- ~m~ng ~o size and ~t an additional ~ of adequate parking ~s are involve~. ~@. ~, the engineer cal- ~ on the number of ~, but did not take etc. They had 110 ~se 41 across the ~e limit on the lease. .ease parking, that some kind of stipu- was passed with the Lere was the possibi- Li parking spaces ~o see the Board m~e :o~ where there are !ch parking is needed. lng which is not covered. ~. Lambert replied t think it was a problem. Hie explained how he they should dictate to a marina certain parking d if somebody can't find a parking space, they ere else. Mr. Howell replied that there were or other types of stores. There was some dis- en ~. Annunziato informed the Board that he research in the parking requirements for boat d dry, etc. and would make a report to the MINU~S PL~{ING & ZONING BOARD ~-~.~ 9, 1976 PAGE SIX Mr. Ryder stat spelling out in residentia~ masts, towers occupancy. C~ covered by hed even want the~ City Attorney, just what kind residential ar ed he would like the City Planner to consider ~at certain exotic struct%u~es are prohibited areas. He referred to windmill generators, smd similar structures not intended for human airman Kelly replied that these could be ght. ~. Ryder disagreed in that they don't e. Chairmsm Kelly suggested waiting for the s recommendations. They discussed further of masts and towers would be incompatible to caS. hardship on am ple having tw¢ should get som like a warehou cussion regard' which were all ~. Howell referred back to accessory buildings ~ud stated that they did not have a limitation on square footage. He explained how it was possible according to the code to build a 40 x 30 x 25 ft. high building. ~. Ryder agree~ they should be restricted. Chairman Kelly read the defini- tions for Aesessory Buildings and Accessory Uses on Page 2. ~. Ryder statad he thought it should be limited. ~r. Howell continued that he did not think it should be~done to put a ~one and e×plained how they must consider peo- cars and a boat. However, he does think they ~thing in there to prevent having something ~e in the back yard. There was a lengthy dis- Lng the various sizes and types of buildings owed and then Chamrman Kelly ascertained that the consensus Yas that they had gon~ far enough by limiting the size. = ~ M~. Lambert th~ and ~. Annunz~ ~. Lambert qu~ and ~. Annunz~ and exp!aine~ ~discussed the ~. Lambert st in the book. this and would ~resent a repo~ M~r. Annunziato then told about having interest e×oressed in !avSngsome land zoned Office Park adjacent to a ~in~e ~ z~one~ ~e does not think this would be Incompatible p~--ovmmem su~xiGient buffers are orovided in the Office Park district. He Suggested requiring a 30 ft. landscape area at the extrem~.tie~. After discussion, Cha~rm~n Kelly suggested that ~ Annun~iato present a fmn~s~_em product to the Bo~rm ~n questioned the difference between OP and M-~ .ato replied that it was the permitted u~ses. ~stioned how they defined light manufacturing ~ato replied that there was a number of criteria ~ow noise, odor, etc. were considered. They ,pe?ation of the various businesses listed and ;ted he did not think it was properly defined Ir. Annunziato stated that he would get into do considerable work on the OP district and ~t to the Board. ~ Lambe~t st ll quest~o__em the control of allowing various businesses and Mr. ~_owell informed him that the application would go to the City Planner. Mr. Annunziato added that it ~ould also come before this Board. Mr. Lambert pointed out that there was nothing stating this and M~. Annunziato in- formed him that anything other than single f~m~_~ or ...... p!ex MINUTES PLA!\~{ZNG & ZONING BOARD PAGE SEVEN must come to this Board and the City Council for approval. ~. Howell added that they did not do it previously because they ~ m~m not have a City Planner. hairman Kelly then read Page 10. Scooe and ana~.,~ 0 ~ ' - ~ ........... ' of n~ng Regulat OhS Mr ~ ~ ~ ~ * ~ ~ to be u~*~s ~ ~' ~e~.~s~ed if ~he book was going ~ _ ~ ~ mec him that they would ~et ou~ ~ s~eet fo~ revisions on the ~ ~ ~ ..... ?~ ~- ~ - when he ~ot s~A~+-~]~ ~-~' ~'f.annunzmavo a~ed that bilit~ t~ u-~~T~ygz'~'~n~m£' ne wou±m accept the resoonsi- m ~ p~a~e vne ordinance so a oage could be ~em~ replaced. - ~ _ oved and Chairman Eal!y then declared the Work~hop Meeting adjourned at 4:12 P. M. Respectfull~ ~s~mitted, Suz~u~ne Kruse Recording Secre%ary (Two Tapes )