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Minutes 06-22-76MINUTES OF THE REGULAR .MEETING OF THE PLANNING & ZONING BOARD HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JU~[E 22, 1976 AT 7:30 P. M. PRESENT Joseph T. Kelly, Chairman Fred Kostner, Vice Chairman Richard LamBert Louis Reiser Simon Ryder Oris Walker Garry Winter E. E. Howell, Bldg. Official Carmen Annun~iato, City Planner Chairman Kelly called the meeting to order at 7:32 P. M. and introduced the members of the Board, Building Official and Re- ~ording Secretary. He welcomed the new City Planner present in the audience and also acknowledged the presence of Mr. Hill in the audience representing Bethesda Memorial Hospital. Minutes of June 8~ 1976 Chairman Kelly called on the members for their comments. Mr. Winter and M~. Reiser replied that they had nothing, Mr. Ryder referred to Page 3, middle of second paragraph, where the appli- cant referred to a member of the Board not wanting C-3 on Con- gress Avenue. He believes he was referring to him and he is opposed to R-3 rather than C-3. Mr. Lambert had nothing. Chairman Kelly referred to Page 2 under Announcements and his reference to the City Planner, who would '~'start- on June 14. Mr. Kostner and ~. Walker abstained. Ne. Ryder moved for the adoption of the minutes as corrected, seconded by Mr. Lambert. Motion carried 5-0, with Mr. Kostner and Mr. Walker abstaining. Announcements and CommunicationM Chairman Kelly read a memo dated June 17 from Mr. Kohl regard- ing the City Planner's attendance at the Board meetings advis- ing that he recommended that ~M. Annunziato observe a couple meetings before participating. Chairman Kelly then read a letter dated June 17 from Mr. Reed referring to proposed Ordinance No. 76-20 and the placing of this ordinance on the Board's agenda. He also referred to an earlier letter dated June 10 from Mr. Reed regarding this ordi- nance. He ascertained the members had received copiesoof both letters and the ordinance. OLD BUSINESS None BUSINESS MINUTES PLANNING & ZONING BOARD PAGE TWO JUNE 22, 1976 Bethesda Memorial Hospital - Reference: zoning 2815 South Seacrest Blvd. Rep. - Robert Nill, Assistant Administrator Mr. RoBert Hill appeared before the Board and informed ~m~e was the Assistant Administrator for Bethesda Memorial Hospital. Chairman Kelly requested that he explain~i~rpose for appear- ing before the Board and Mr. Hill replied that he thought the letter accompanying the application written By Mr. ~layton, Administrator, explained their Durpose. He added that in visit- ing the Bmildi~g Depar~ment. an~ reviewing the moning codes, the lots in ~uestien are zoned R-1AA and some parking is ~ermitted withi~ that classification. They wanted to take the first step and ask this body to consider that the hospital and parking facilities ~e included in this classification and parking only on those particmlar lots. Chairman Kelly advised him that the members had only received the letter late this afternoon and suggested they all take a few minutes ~ow to read it. Mr. Howell informed them that Mr. Hill came to the Building Department and they reviewed the zoning in that area. As he has told the Board previously, if there is a question in his mind, he will Bring it before this Board. They decided to appear before this Board, before applying to the Board of Ad- justment, to see if this Board's interpretation is the same as his. It does allow parking in R-1AA, but does specifically state some mses. The question came up regarding the chape~ in the hospital and if the hospital applied for a parking lot for the chapel and designated signs for chapel parking, he doesn't see how he could reject this permit. They do not want to mis- lead the Boards or the City. Chairman Kelly opened the floor for questions from the members. Mr. Ryder referred to this being located on the fringe of C-1 on which the hospital is constructed. There are five lots they intend to use for parking. He explained how he was concerned abo~t the impact on the rest of the area zoned R-1AA. Mr. Winter informed him that from Lot 5 thereon were all developed and Mr. Hill added that there were three homes on Lots 6 thru 10. Mr. Ryder referred to there being a public hearing if he was applying for rezoning and the people in the immediate vici- nity would be advised of this. He asked if the people knew about this and Mr. Hill replied that ~ot that he knew of. Mr. Ryder replied that they normally do consider the people in the area, particularly since the hospital is there and they have now asked to approve five adjacent lots for an accessory use for the hospital. Mr. Hill informed him that they just decided to ex- haust this avenue first before going through a public hearing, etc. MINUTES PLANNING & ZONING BOARD PAGE THREE JUNE 22, 1976 Mr. Hill added that the lots have been owned by the hospital since at least 1967. That is their main reason for coming this route at this time. There was some question that this body had the authority to grant this. ~M. Lambert agreed with Mr. Ryder intthat the immediate neighbor- hosd should be aware of what is going on there. He told about having problems with other parking lots next to C-1 facilities with drainage, etc. The question is whether it requires rezon- lng and whether it can be done without a public hearing. Mr. Howell asked if he couldlissue a permit if the hospital ap- plied for parking for their chapel and Chairman Kelly referred to Page 16, under R-1AAA, under l(b), to clarify his reference regarding churches, etc. .Mr. Lambert questioned the size of the area ~ud Mx. Howell replied that it was more than an acre. Mr. Winter pointed out that the hospital is the basic use and the chapel would be an accessory use. The parking area is basically for the hospital usage and not for chapel use ~dividually. Mr. Kostner agreed in this instance he didn't think they could sepa- rate the church and hospital as such. In this instance, there is a difference than just for church purposes. As far as usage, any indiwidual coming to the hospital will have use of the park- ing spaces, He doesn't think they can specifically consider this parking space for the church. Ms. Howell clarified that it was brought before this Board for their interpretation of that part and recommendation. M~. Kostner continued that when speaking of a church, they were spesdzing of services strictly for worship. The hospital is a different entity. Mr. Walker referred to the aerial photos showing the house on Lot 7 being infringed upon. He referred to the street being a buffer zone. He questioned if this was the emergency area now and Mr. Hill replied that it wasn't that far back~and pointed it out on the photo. Mr. Walker asked why they couldn't grant the permit without using any excuse and ~. Howell explained how he thought they would need an interpretation from this Board. Mr. Walker asked if they could make a recommendation to the City Council to grant this request and Mr. Howell replied that if the Board feels parking is not allowed in R-1AA, they could recommend this go before the Board of Adjustment for a variance or apply for rezoning. This is what the hospital wants to know. Mr. Ryder referred again to the people in this area not being aware of this and how he thought it was incumbent upon them to havetthem give their comments on this change. This is something not going in at the same time the hospital was constructed. He is sure it will be a surprise to these people. He thinks their route would be the way of rezoning since it is contiguous to an existing C-1 area. MINUTES PLANNING & ZONING BOARD PAGE FOUR JUNE 22, 1976 Mr. Winter informed them that he had canvassed the area across the street from the proposed parking lot and everyone he spoke to was against having parking there. One reason was that this area was used for parking at one time and one house was broken into. He did not find one person favorable to this request. He asked if they were using Lots 15 and 16 for employee parking now and Mr. Hill replied: yes, Mr. Benson had given them permis- sion to use these for temporary parking. He referred to the new construction being completed and how they had now found themselves in the situation where parking is becoming critical. Mr. Kostner stated he was somewhat concerned about setting a pre- cedent here with encroaching in a subdivision development. The hospital is continually growing and will require additional park- ing and Where will they obtain it? Will they continue to encroach in this residential area? He is concerned about a precedent being set. Mr. Hill explained how they had reached the point where they must decide whether they must get more land area or cap this build- ing off and build a satellite institution. Mr. Kostner asked how many parking spaces were planned on these fi~e lots and Mr. Hill replied: 101, but they need 175. ~. Kostner asked if the en- trance to the lots would be off of 4th Street and ~. Hill ex- plained how access would be from the north and how it would be controlled. The traffic on 4th Street would not be increased at all. The access would be from the north with traffic coming from Seacrest through hospital property. Mr. Kostner referred to hemes facing this be a buffer 4 ft. Chalcas Hedge ~o~n~ it. Chairman Kelly questioned the eventual height and Mr. Hill replied it would go to 6 to 8 ft. Mr. Lambert stated he was sure these were all good points, but he believes they are talking in circles and still feels the people should know what i~ going to happen across the street from their homes. In his opinion, the code does not allow that use without notifying the people in the ~eighborhood. Mr. Howell asked when Bethesda bought this property and what the zoning was at that time? Mr. Walker replied that he thinks it was R-! when it was purchased. He added that he thought they were getting away from what they were suppose~ to do. They are asking for a recommendation and they are talking all around it. He thinks the people should be notified and if the members agree, they should make this k~ow~. Mr. Ryder referred to having made this recommendation previously. Chairman Kelly clarified that they were trying to extract information. Mr. Walker referred to the letter from Mr. Clayton and suggestions from ~. Howell and he believes they should close now. Chairman Kelly replied that the Chair would not cut off discussion which is pertinent. MINUTES PLANNING & ZONING BOARD PAGE FIVE JUNE 22, 1976 .Mr. Kostner stated he believed Mr. Howell's recommendation to use this as a church premise would be in complete conflict and this would beuused by the hospital as a whole. Mr. Howell clar- ified that he asked for the Board's interpretation and recommenda- tion how they should proceed. Mr. Kostner continued that he feels certainly the prime question is that the people should k~ow. Chairman Kelly agreed. Mr. Kostner continued that.all other matterm are important, but secondary. Mr. Lambert referred to the letter and request and clarified that they had two alterna- tives. They could pass it, but he does not think it would be wise without public notice. Rezoning would be the method of notifying property owners. They must make sure everyone is noti- fied. Nobody wants to say no to Bethesda' as they are proud of the hospital, but they do owe the neighborhood something. He would like to hear if someone has another method. Chairman K~agreed the fact of notification to people within 400 ft. would be the proper route to go with an application for rezoning. It would seem to him despite Mr. Winter's cm~vassing of the people on the street, they may find-some in favor of hav- ing that little parcel added to C-1. His recommendation would be to go the rezoning route. He thinks they would have a clear cut deal all around. He thinks the people will realize they need a hospital and parking is a problem. Mr. Hill repliedtthat he ap- preciated their consideration. They are just making a legitimate request of this body and will be willing to accept any recommenda- tion. Mr. Winter stated~he had looked at the property and from the way the hedge is, he cannot see any other usage for this. He does have a soft spot for the hospital. If in the rezoning request, anything did come up in favor, he would go along with it. From what he has seen so far, he would advise the Building Official to grant the permit for that use. However, he just happened to hear too many oppositions. Mr. Ryder made a statement that Bethesda Memorial Hospital lo- cated in C-1 zoning district, has applied for permission to use five adjacent lots contiguous to the hospital site which are located in a R-1AA district to be used for additional parking purposes. In view of the fact under this procedure, the inten- tion of the hospital in this regard was not formally brought to the attention of the abutting property owners, he makes a motion that this Board recommends, to the City Council that this appli- cation be denied. Mr. Kostner seconded the motion. Under dis- cussion, N~. Lambert questioned whether it was necessary to make a motion to pass or deny as it is not an application. Mr. Walker agreed it was just .a request for a recommendation and didn't have to go to the City Council. ~M. Ryder disagreed and stated their position should be indicated. Also, he considers this an appli- cation and ~;~. Walker disagreed. Mr. Ryder stated he felt they MINUTES PLANNING & ~!~MDNING BOARD PAGE $ IX JUNE 22, 1 976 should take a position. He stated he made it clear that they were asking to zone an area and has.recommended that i% be denied. Mr. Kostner stated he seconded the motion because it is clear and precise and he believes Mr. Howell came in for the Board's think- ing and feeling and it was discussed pro and con and they must come to some answer. The answer is that the Board feels an addi- tional procedure is necessary. He thinks the question should be voted upon. Mr. Walker asked if the Board of County Commissioners had a say about this and ~. Hill informed him it was totally in the City. Mr. Walker asked Mr. Howell if he felt this must go before the City Council and Mr. Howell replied that in his opi- nion, the man came ~here for direction from the Board, but he would rather not state whether the Board is right or wrong. Ne has no objections to what the Board decides and votes for. They came for direction and if the Board feels this is the direction, they will go that way. ¥~. Walker stated, he could£issue a permit regardless of the decision and M~. Howell~ replied that he came before the Board as the~ question in his mind with refer- ence to the ordinance Other places of worship. Chairman Kelly remarked that he thought this was lacking. Mr. Howell continued that he told this he took the job that if there was any he would brimg it before this Board for their inter' He feiels thi~ Board created this code and they should be able to advise him accordingly. He will go with the Board's recommendati Lambert re- ferred to this not being an application; , if they recom- mend to City Council to deny these areas or parking, the City Council would have to set mpa public hearing and it cannot go to them because it has not ~roperly come before this Board. M~. Kostner pointed out that this Board must make recommenda- tions to the Council. Anything they dO must go to the Council and from there, it can go in any Mr. Winter stated the way Bethesda is growing, the he sees is for them to makeaan application for rezoning. He can see them eventually requesting additional prope The way has bee~ moving along, these five lots won'~ ~ve is zoned for houses at R-1AA. He wam ~o put houses He for rezoning and ex~ amy trouble. Mr. Hill req i~ sounded kind of final. Mr. Ryder it was incumbent for them to take that he brought it bef~ Board for At Chairman Kelly's re~ . Kruse Motion carried 6-1, with Mr. Walker Bamically this origimal ~teat make a re~t , as again how he thought HoWell ~larified the motiom. Discussion of Ordinance No. 76.20 (Proposed) Regarding Zoning Ordinance and Public Nearin~ T~erete Chairman Kelly read Mr. Reed's memo dated June 16 to Mr. Kohl regarding the procedure to be followed for this ordinance. He then read proposed' Ordinance No. 76-20. He added that this was MINUTES PLANNING & ZONING BOARD PAGE SEVEN JUNE 22, 1976 passed on first reading by the City Council and is intended to f~m up the interpretation of the uses permitted and prohibited under the C-3 zoning regulations. ~r. Kostner replied that he was completely in accord and happy to see this ordina~uee pro- ~esed by the City Council. Mr. Kostner moved that this Ordinance No. 76-20 be incorporated into the zoning code under C-3 Community Commercial District and be recommended to the City Council. Mr. Lambert asked if they were holding a public hearing now? He referred to Mr. Reed's letter stating they should hold a public hearing first and then submit their recommendations to the City Council. Mr. Ryder- stated he understood that although the Ci~ty Council did take action on this, the City Attorney brought it to their attention that in litigation it was considered whether the applicant had resorted to all legal means available. He believes the City At- torney recommended.~they take legal action and set up a public hearing. NE. Lambert replied that they must hold a public hear- ing first. Mr. Howell informed him that the second reading by the City Council would be a public hearing. The first reading has already been p~ssed. He interprets his letter that even thought first read~g has been passed, he recommends that this go through the Planning & Zoning Board for their recommendation for the City Council to be read at their public hearing. Chair- man Kelly agreed and he understood the recommendation that here- after it should come to this Board first before going through first reading, They will be acting on it tonight by 5~. Kostner's motion in that they agree, but they should have a public hearing at their next meeting or the public hearing requirements would be complied with by the City Council's public hearing. Mr. Lambert stressed again that this Board must hold a public hearing. Chair- man Kelly replied that he covered this with Mrs. Padgett and 20 days are required for advertisement. Mr. Lambert stated this was being done so it could not be said this was placed in the record without adequate public readings. They are not doing it pro- perly. They will not be doing what the City Attorney requested with passing this motion without having a pubilic hearing. Mr. Ryder stated he interpreted that it could be done at a later public hearing, but they must indicate their awareness on their part prior to final adoption. Chairman Kelly suggested that the public hearing could be held on July 27. He thinks they need an explained. Mr. Ee thinks they should act and make a recommendation regarding a public hear- ing. Mr. Reiser questioned what good it woul'd do if they held a public hearing after the City Council had a public hearing on the second reading of the ordinance? Mr. Lambert referred to the correspondence from the City Attor- ney stating the proper procedures as per the Boynton Beach codes state these should go before the Planning & Zoning Board with public hearings and then to the City Council. There are always two sets of public hearings. They are not having a public MINUTES PLANNING & ZONING BOARD PAGE EIGHT JUNE 22, 1976 hearing, but are recommending that the code be placed without a public hearing. Chairman Kelly replied that he thought they should follow the procedure. The City Council will be aware of their discussion, as they all read the minutes thoroughly. To cover any future public attack by people against the amendment, he thinks it would be fully covered with the Planning & Zoning Board public hearing and recommendation and City Council public hearing and recommendation. Mr. Kostner withdrew his motion. They discussed further how the City Attorney's recommended pro- cedure regarding this ordinance required clarification and Mr. Lambert offered to telephone him. Chairman Kelly declared a recess at 8:54 P. M. (Mr. Ryder left at 9:00 P. M.) At 10:O5 P. M., Chairman Kelly called the meeting back to order and explained that the delay was caused in being unable to con- tact rM. Reed until about ten minutes ago. Mr. Reed advised them to follow the usual procedure. Obviously there is not sufficient time for publication in newspapers for tonight's meeting and we have been advised that notice of public hearing for items on our July 13 meeting went to press today, Therefore, it would appear the first public hearing could not be held. until July 27 if it is to be a regular meeting unless it is possible to advertise in a quicker period of'time or if a special meeting could be called for the public hearing. Fr. Lambert made a motion that the Planning & Zoning Board hold a public hearing on Ordinance No. 76-20 and that notice of the public hearing shall be published as soon as possible. Mr. Reiser seconded the motion. Motion carried 6-0. Chairman Kelly requested F~s. Kruse to check with Mrs. Padgett if it would be at all possible to include this notice for the July 13 meeting. ~. Winter referred to Section 2 of the amended portion under Uses Prohibited, Subsection B, .and suggested that they delete: "unless adequately screened". He explained how they were left wide open with this statement. Chairman Kelly explained that this was included in considering contractors having to store equipment outside. ~. Howell questioned how "adequately screene~' was interpreted? Mr. Winter replied that he was trying to pre- vent loopholes. Chairman Kelly explained further how they had considered the interests of the City and the businessmen when proposing this. ~M. Kostner suggested that possibly they should require a specific type of screening. Mr. Winter then suggested leaving zt as is until Mr. Howell had something come up. ~. Howell suggested adding upon the recommendation of the Planning & Zoning Board and approval by City Council and Mr. Lambert disagreed. Chairman Kelly suggested stating adequately screened with compli- ance to code or Building Department, Mr. Kostner suggested completely screen from outside view. Examples were given of how this could be used and Mr. Lambert stated that they must have some kind of zoning that allows storage of some kind. He MINU~S PLANNING & ZONING BOARD PAGE NI~ JUNE 22, 1976 thim~s this is restrictive enough. Mr. Reiser agreed it was sufficient. Mr. Howell added that the C.A.B. must also approve. ~. Kostner stated he would like adequately changed to completely$ so it would leave no doubt. Mr. Winter remarked that their opi- nions may be di£ferent regarding completely and Mr. Howell agreed and added that this also applied to adequately. Mr. Winter suggested that it be left as is for the time being. Chairman Kelly suggested that they ask the C.A.B. or City Attor- ney for a recommendation. Mr. Howell suggested they hold their decision until after the public hearing as they will probably have input from the puBli¢~ This was discussed further and it was decided they would probably receive help in defining it fur- ther before passing the ordinance. Other Mr. Winter referred to the requirement of a survey being suB- mitted before obtaining a permit. Mr. Howell informed him that a survey was only required for additions and accessory buildings. Mr. Winter gave examples and Mr. Howell clarified when one would be required and only when changing the building lines or adding a structure. Mr. Winter then gave the example of how this creased the cost of putting up a utility building and Mr. Howell explained the reasons for having a survey en record for this. After a further discussion on this, Mr. Winter requested that this be analyzed as much as possible to give old timers relief. Mr. Winter made a motion to adjourn, seconded by Mr. Kostner. Motion carried 6-0 and the meeting was properly adjourned at 10~35 P. N. Respectfully submitted, Suzanno Kruso Recording Secretary (Two Tapes)