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Minutes 07-27-76MINUTES OF THE REGULAR MEETING OF THE PI~NNING & ZONING BOARD ~LD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESD.&Y, JULY 27, 1976 AT 7:30 Po M. PRESENT Joseph T. Kelly, Chairman Fred Kostner, Vioe Chairman Richard Lambert Louis Reiser Simon Ryder Garry Winter Carmen Annunziato, City Planner ABSENT Oris Walker (Excused) Chairman Kelly welcomed the two gentlemen present in the audience and called the meeting to order at 7:30 P. M. He introduced the members of the Board and City Planner and added that M~. Walker was ill and unable to attend. Public Hearing Parcel #1 - Lots 55, 56, 57, 58, 59, 60 and 61, inclusive, Lake Side Gardens, according to the Plat thereof recorded in Plat Book 8, Page 57, Palm Beach County Records, less the West 64.49 feet of, ~when measured along the South line of, Lots 58 to 61, inclusive, of Lakeside Gardens, according to the plat thereof, recorded in Plat Book 8, Page 57, Palm Beach County Records, in Section 15, Twp. 45 South, Range 43 East; being further de- scribed as that pa~t of said lots 58 to 61, inclu- sive, Easterly of the Baseline of Survey according to the Right of Way Map of Section 93010-2501, State Road 5, as filed in the office of the Clerk of Circuit Court, Palm Beach County, Florida; and Less that part of said Lot 58 of Lakeside Gardens which is included in the external area formed by a 12 foot radius arc, tangent to the North line of said Lot 58 and tangent to a line parallel to and 64.49 feet Easterly of, when measured along the South line of said Lot 58, the West line of said Lot 58. Address - 2624 North Federal Highway Request - Rezone to C-4 from C-3 Nse - To be used as a Nation Wide Trailer & Truck Rental or a Travel Trailer Sales Location Applicants - Amos and Kathryn M. Eudeon Chairman Kelly noted that the necessary papers were submitted, a legal description, warranty deed, newspaper notice, survey, copy showing plat of the area and list of neighbors within a 400 ft. radius. MINUTES PLA~CNING & ZONING BO~RD PAGE TWO JULY 27, 1976 Mr. Amos Hudson stated his name and his address as 127 South Atlantic Drive, Boynton Beach. Chairman Kelly ascertained that his property did not run out to the highway on the south end. He then requested Mr. Hudson to give further informa- tion regarding his application. ~. Hudson stated that if the application is recommended, it'~will definitely be for a good tenant with the Nation Wide Trailer & Truck Rental. It would be a good clean operation° Chairman Kelly interrupted him and questioned if this meant big heavy trucks and M~. Hudson replied that they would be strictly utility trucks and trailers ~ud explained. Chairman Kelly then questioned the reference to rental and Mr. Hudson explained how people would rent trucks or trailers for moving purposes. Chairman Kelly referred to the second choice listed of a travel trailer sales location and ~. Hudson informed him that he was granted conditional use in 1970 for travel trailers. He did nicely, but had to retire on account of his health. He explained that if he had to, he would re-open it for his daughter and grandson and supervise it. He then explained how he would much rather lease it to Nation Wide Trailer & Truck Rental. M~. Ryder asked if any communications had been received and Chairman Kelly informed him that a letter had been received from Mitchell & Josephine Strach stating their objectiom~be- cause they feel it would not enhance their property values. He added that there were 32 owners listed in this 400 ft. area. ~¢r. Lambert questioned where Mr. & Mrs. Strach's lots were located and M~. Ryder informed him that they were listed as owning Lots 40-43. ~. Hudson informed them that these were towards the intracoastal. ~¢r. Ryder stated that he noted from reviewing the zoning map that the location in regards to this request immediately abuts an R-JAA zone and the request is to go to C-4, which is the least-restrictive area. He explained how he was concerned when something like this is presented with the impact on the people in the area. He has visited this site and knows there is a lot of open land, but he still feels it is a matter of concern in this respect. Chairman Kelly then asked if anyone was in favor of this ap- plication and received no response. He then asked if anyone was opposed to this application ~ud the following appeared before the Board. Mr. John Jameson stated his name and informed the Board that he did not live within the 400 ft. area, but as an interested citizen of Boynton Beach, ~e would like to raise an objection. He feels the Planning & Zoning Board has spent a lot of time during the past few years rezoning the City and referred to the public hearings held and the ordinance and map being MINUTES PLANNING & ZONING BOARD PAGE THREE JULY 27, 1976 adopted. As an individual, he personally has the interests of the City in mind. Two weeks ago, he was within the 400 ft. area of the request heard. He feels that area zoned C-3 should remain C-3 and he asks the Board not to allow for any spot zoning. F~. Lambert asked if the property had been used in the past for the same use he was requesting and Mr. Hudson replied that he did use the property for travel trailer sales until a few years ago when he had to retire for health reasons. He decided to put his daughter in 'there, but found out his license was cancelled six months after he did not renew it. Mr. Lambert remarked that he tlhought they were running into a problem with a zoning change. He clarified that ~ HuH~on wanted to use it as it was in the past and was. requesting C-4 for that purpose. Mr. Hudson agreed as it was only al- lowed now in C-4o He was igranted a conditional use befores but he got sick and when his license lapsed for six months, the conditional use was cancelled out, but he was not noti- fied. Mr. Lambert questioned whether up until recently they had grandfathering and ~. Annunziato replied that he was not that familiar with the previous ordinance. He would say it did have a grandfathering 'clause because it is a pretty stan- dard item. They cannot force a person out of business by changing the zoning° He thinks Mx. Hudson is referring to when a non-conforming use or structure goes out of business f~r six months, it is rescinded. Chairman Kelly added that there was nothing covering~ it until Ordinance 76-19 was passed. ~. Lambert clarified that Ordinance 76-19 was re- cently adopted in the past month and made part of this parti- cular code. Previous to that, they did not have any grand- fathering. They had this problem right in the beginning though. Chair~an Kelly asked ~. Hudson when he ceased to use the business and Mr. Hudson replied that it has been approximately one year sin~e a license was issued there. Chairman Kelly stated that it must have been longer than that as Ordin~uce 75-19 established the new zoning proce- dure. He asked if he was operating the non-conforming busi- ness on June 13, 1975 and Mr. Hudson replied that he thought it was earlier than that when it was closed out. .Mr. Lambert stated that the fact the existing code did not provide any language to do with non-co~forming uses; therefore, how could ~. Hudson object totthis ordinance when the wording did not exist about the use discontinuing for six months? Chairman Kelly informed him that he was there under conditional use. ~. Hudson added that in 1970, conditional use was granted by the Planning & Zoning Board. ~. Lambert questioned if the Planning & Zoning Board could grant conditional uses in the.~old code and Chairman Kelly explained how they made recom- mendations to the City Council. Mr. Lambert referred again to there being no language in the code and Chairman Kelly ex- plained how a conditional use was probably allowed at that time. MINUTES PLANNING & ZONING BOARD PAGE FOUR JULY 27, 1976 M~. Annunziato stated that he was not sure whether the exten- sion of conditional use at this point really matters. They have a non-conforming ordinance now. By Mr. Hudson's own ad- mission, the use has been out at least six months and now' he cannot operate that business and requires a new zoning. M~. Ryder stated that they were talking about two different things. The application is for a change in zoning and it is not the same as permitted land use. ~. Lambert replied that he rea- lized the application is for a zoning change, but he does not think it is out of line to ask these questions. Maybe this gentleman does not need to be before the Planning & Zoning Board, but possibly before the Board of Adjus~tmento There is a void between the zoning ordinance with having no lanEuage for non-conforming. The proper~ty was used. He may have other recourse with the Board of Adjustment. ~. Kostner asked M~. Hudson whether he had contacted any of the people within 400 ft. and Mr. Hudson replied that he talked to the four people adjoining his property and none objected. M~. Eostner then referred to Mr. Annunziato clarifying that the non-conforming use had been vacated for a period of time and the question before the Board is whether to recommend C-4 as opposed to C-3. Chairman Kelly referred to the C-3 and C~4 zones ~ud informed ~. Hudson that the Board spent many hours going over this strip along the east side of U. S. 1. The people who own property in this area have appeared before this Board and are not worried about what he may do with his property, but what eventually could result in the C-4 zone. There could be some very objectionable things that could go in that zone. He then read some of the uses permitted, tf the Planning & Zoning Board that worked on this for 2½ years felt it should be C-4, he thin~ they would have recommended it to the City Council. He re£erred to the public hearings held ~nd Mr. Hudson stated that he did not know anything about them. He added that the average person does not keep up on things like this, but he owns 40,000 sq. ft. and is interested in the value of the property. M~. Kostner stated that he has given this matter considerable thought and several things disturb him greatly. The City is interested ~ upgrading the zoning of the City. He ms not happy with a request for downgrading unless it will benefit the owner ~nd the City° This property is adjacent to R-1AA property and he does not personally feel this request should warrant approval° He would like to hea~ from other members of the Board. MINUTES PLANNING & ZONING BOARD PAGE FIVE JULY 27, 1976 Mr. Ryder referred again to reviewing the zoning plan as it exists today and it reveals an obvious pattern of C-3 on either side of Federal Highway. He would not feel justified in going along with anything that would dePart from that in a way which would be considered irregular. He definitely thinks this application should not be approved. Mr. Winter pointed out that this would be spot zoning and he is against it. ~. Reiser concurred with Mr. Kostner's comments and thinks they would be downgrading° Mr. Lambert stated that they have another problem with this particular applicant. The applicant is forced to go for a zoning chan~e because the use he wants is C-4, but some of the uses under C-4 are not desirous. Mr. Kostner made a motion that the application from Mr. Amos Hudson to rezone certain property from C-3 to C-4 be denied and be recommended to the City Council for rejection. Mr. Winter seconded the motion. Motion carried 6-0. Mr. Lambert then read paragraph G-3 from Ordinance 76-19 and questioned when the six month period started and ~. Annunziato replied that to the best of his knowledge, it would be retroactive. He added that there were other sec- tions which specifically say they go back and ~¢r. Lambert replied that this particular section did not. ~. Annunziato stated that he thought he would have to check with the City Attorney. He sees where a conflict might exist. This will require more thorough research. M~. Lambert referred to the one year period between ordinances and after discussion, it was decided to have M~. Annunziato research this further. Minutes of Jul~ 13~ 1976 M~. Ryder stated that he had nothing, but praised Mrs. Kruse for coming up with something like these. Chairman Kelly agreed. Chairman Kelly referred to Page 2, fourth paragraph, and stated the man's name should be: Homer Kimbrell. He then referred to Page 5, first paragraph, fourth line, and the meeting was May 22 and he had given the other date incor- rectly. ~¢r. Lambert referred to Page 19, first paragraph, and stated it should be: "in" its possible outcome. M~r. Kostner moved to approve the minutes as corrected, seconded by Mr. Ryder. Motion carried 6-0. Announcements Chairman Kelly stated he hoped they could discuss certain items with M~. Annunziato and referred to the communication MiNU~ES PLANNING & ZONING BOARD PAGE SIX JULY 27, 1976 dated July 8 from the City Attorney to the City Manager re- garding the City Council's suggestions to the zoning code. He asked if there was a need for a special meeting and Mr. Annunziato informed him that this would come back to the Board for a public hearing. 01d Business Boat Sales in C-3 ~, Annunziato referred to the last meeting when they had a rezoning request for C-4 from C-3. At that time, the appli- cation was withdrawn, but there seemed!to be strong indica- tion that they could allow boat sales in C-3. With that in mind, he is bringing it to the Board's attention on tonight's agenda. He would like the Board to consider some of the things he has outlined or any other thing they would like to tie in with a use like that if they allow it in C-3o Mr. Ryder questioned whether this would be in the category of~general rezoning and Chairman Kelly informed him that any change in the zoning code must go to public hearing. Mr. Lambert referred to including boat sales in C-3 and ques- tioned whether recreational vehicle sales m~d'automobile sales should also be included? He a~ked whether they should have an asterisk to require review and public hearings by the Planning & Zoning Board? He gave the example of a car dealership want- ing a dealership, but it would not be automatic but would have to be reviewed by this Board with notification to the people. Mr. Annunziato replied that it could go in either direction and would have to come with a recommendation from the Board to the City Council. tf they arejgoing to have public hearings for one type of use, he would not be opposed to having public hearings for all development plans to come before the Board just as a general procedure. If the Board felt they wanted those specific uses to have public hearings, it would require reworking of the ordinance at this point. He explained how it would be easier to alter the ordinance collectively with these three sales categories. He clarified that what they were doing tonight is recommending these ordi- nance amendments be acted on by Council. It will have to come back for at least a site plan approval by the Planning & Zoning Board.. M~. Ryder stated he would like to explore this and requested that they not permit any such change where it is next to pre- sently developed residential areas. ~. Winter stated he agreed with including new boat sales, but gave examples how it may be damaging to include used or storage. He also gave an example of how Used would apply See Min. 8/10/76 MINUTES PLA~E~ING & ZONING BOARD PAGE SEVEN JULY 27, 1976 to car agencies also. There was a lengthy discussion of how used and storage could be used. ~. Winter made a motion to recommend that under Section 6 of Ordinance 75-!9, C-1 Uses Permitted, to add a line T - New Boat Sales* (*To be referred to the Planning & Zoning Board for recommendation to 'the City Council for approval). Reiser seconded the motion. Under discussion, ~. Ryder re- ferred to discussing further not having C-4 adjacent to a presently developed residential area. They discussed how this could be considered when site plans were presented and M~. Annunziato explained how he thought a 6 ft. masonry wall was effective. After discussion, the motion carried 6-0. ~. Lambert then asked if they were contemplating going over the categories further to consider possible recategorization and Mr. Annunziato replied that this was certainly something to consider, as there are some in C-4 which he doesn't be- lieve should be included. Chairman Kelly announced that the City Plann~would research this further and make a report to the Board. ~o ~nnunziato added that he was open to recom- mendations from any members. New Business Schools in R-~IAAA Mr. Annunziato informed the Board that this came to his atten- tion approximately two weeks ago when someone from the Flood District called and asked him if the new middle school was in the proper zone. He looked through the ordinance and only found schools mentioned in R-2, which are nursery schools and/ or pre-school facilities. He was surprised they did not per- mit schools of a public or private nature. ~. Ryder replied that the County School Board did not require a permit to put up the buildings and possibly are autonomous ~egarding zon- ing. Mr. Annunziato stated that he was questioning whether it was an omission. He agreed that the School Board did not require City approval, but explained how this might change. M~. Annunziato referred to the possibility of a parochial school wishing to build and questioned where it was permitted? M~. Ryder told about attending a meeting of the School Board and how he had gotten the impression they can acquire property any place and build. He believes it was intended to be left out, because they have no control. The members discussed whether schools should be permitted in residentS! zones and Chairman Kelly took a po~l of the mem- bers and they agreed~they would be against any schools in residential areas. There was further discussion and ~. Kostner suggested obtaining a legal opinion. Mr. Lambert did not agree. (See Min. meeting of 8/10/76) See Min. 8/10/76 MINUTES PLANNING & ZONING BO~&RD PAGE EIGHT JULY 27~ 1976 Winter made a motion to leave the code as it is and dis- cussion of this matter will be brought up after further con~ sultation between the City Planner and City Attorney. Mr. Kostner seconded the motion. Motion carried 6-0. Mr. Annunziato questioned if they?were interpreting churches and other places of worship that the accessory uses can be schools and M~. Ryder replied that he wanted this clarified. ~. Winter added that it might be wise to check with the at- torney to include parochial uses instead of accessory uses. Adjournment ~Ar. Winter made a motion to adjourn, seconded by ~. Ryder. Motion carried 6-0 and the meeting was properly adjourned at 9:20 P. Mo Respectfully submitted, Suzanne Kruse Recording Secretary (Two Tapes) AGENDA PLANNING AND ZONING Time: 7:30 PoMo '- Place: Council Chambers City Hall Regular Meeting BOARD 1. Acknowledgement of Members and VisitorS. 2. Reading and Approving of Minutes. 3. Announcements. 4. Communications. 5. Old Business: 1. Boat sales inC-B (£ordiscussion) New Business: 1. Amos Hudson - Rezone from C-S to C-4 2624 North Federal 2. Schools in R-1AAA (for discussion) Rev. 3/19/76 1. For Boat Sales in C-3 A. New B. Used C. Buffer D. Approval Procedure E. Outdoor Sales F. Setback frc~ right of way G. Paving H. r ~ndscaping I. Storage '2. Schools in R-iAAA & C-1 A. But]ding and Site Regulations 1. Minamum lot area 2. Minimum lot frontage 3. Minimum front yard 4. Minimum rear yard 5. ~ side yard 6. Maximum lot coverage 7. Maximum structure height 5 acres 200' 50' 50' 30' 35% 25'