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Minutes 02-10-76MINUTES OF THE REGULAR ~ETING OF THE PLANNING'& ZONING BOARD ~LD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY 1 O, 1 976 PRESENT Joseph T. Kelly, Chairman Fred Kostner, Vice Chairman Richard Lambert Enrico Rossi Simon Ryder Otis Walker Garry Winter Chairman Kelly called the meeting to order at 7:38 P. M. He announced they have a full membership present tonight with all seven members present. He stated they do not have any formal agenda for t~night and rather than call this meet- ing off, he thought instead of calling'a workshop meeting for Saturday they could use this meeting tonight for review- ing minutes and other discussion. MINUTES Minutes of December ~3, !975 Chairman Kelly announced that due to a lack of a quorum of the four members of the 1975 Board they were unable to re- view these minutes previously. They now have four members present from that Board. Mm. Ryder referred to Page 9, third paragraph, which should be that he stated he was "not" a member of the Board when this area was considered. Mm. Rossi referred to Page ~I, last paragraph, with the motion being carried 4-1 with him voting against. He is sure he did not vote against this motion. Chairman Kelly read the paragraph preceding this motion. He stated the only way to ascertain this would be from the recording and he doesn't think it is that important. Mr. Rossi replied that he knows that he did not vote against it. Chairman Kelly ascertained that the consensus would be to correct the vote to 5-0. Mr. Ryder moved to adopt the Minutes of December 23, 1975, as corrected, seconded by M~. Walker. Motion carried 4-0, with ~. Kostner, Mr. Lambert and Mr. Winter abstaining since they were not members of the Board at that time. Minutes of January, 13.~ . 1 976 Chairman Kelly read the second paragraph on Page 12 regard- ing the new procedure. He asked if everyone was in agree- ment with this? ~&r. Kostner replied that he had reservations MINUTES PLANNING & ZONING BOARD PAGE FEBRUARY 1 O, 1 976 about it. As he understands, Mr. Howell suggested some changes would be made in regard to the Board's responsibility in reference to plans. Prior to that, they had always re- viewed the plans. He would like to know eactly what the responsibility of this Board is now with regard to the changes that have been made to the prior Board's activities. Chairman Kelly explained that in the past a site plan camde before the Board and the setbacks, parking spaces, CAB ap- proval, ingress and egress roads, etc. was checked. Now, Mr. Howell claims it is not their business and he agrees. M~. Walker also agreed. Mr. Ryder asked if the Building Department set the policy and if they were mandated to. do it. Mr. Walker replied that they were not mandated. How- ever, they did not prepare the agenda, but the Building De- partment did. He referred to some items coming before the Board in the past which they had nothing to do with and this was discussed further. Mm. Rossi then continued with questioning who ~ade the deci- sion of what should be on the agenda? Is it going to be left up to the Building Official? Are we talking specifically about site plan approvals only? If so, does it include preliminary plats, plats, etc. and how big does this go? He thinks these questions should be addressed. M~. Lambert informed him that he has talked to Mr. Howell about this and basically his interpretation of what he is trying to accomplish has been started, but is a little bit in the air. H'e believes the Building Official wo~id put anything on the agenda larger than a duplex or triplex in the past. Chair- man Kelly agreed and added that it did come before the Board to determine whether it is within the proper zoning. He continued that ~. Howell claims all they have to do is look at the map and they can determine the zoning at the time the application is made. Mr. Lambert continued that in the past, all these things did come before this Board. M~. Howell is stating now that there is no~ reason for this. If a man wants to build a duplex or triplex where it is properly zoned and meets all the regulations, what can this Board do? He specifically mentioned items in this booktthat are cut and dry and he agreed they should not have to come before this Board unless they or the City Council want certain things before them. However, now it seems nothing is~conting before the Board except zoning changes. He agreed this was a good idea, but thought before it was put into effect that they or the City Council would go through the book and mark items they want to see. Chairman Kelly informed him that this has been requested and Mayor DeLong has suggested that they meet with the City Council regarding this. Mr. Lambert clarified that anything not specifically mentioned in the book and things noted would come before this Board. MINUTES PL~R~NING & ZONING BOARD PAGE THREE FEBRUARY 1 0, 1 976 ~. Ryder pointed out that they were a Planning Board also. Chairman Kelly agreed and added that the planning will be necessary for future westward expansion. He stated that in the present City, if the applicant meets all requirements of the code, it can be approved by the Building Department. Mr. Lambert agreed he would like to see this come about. ~. Ryder added that the City Council must also agree on this. Mr. Lambert remarked that he thought this Board and the City Council would meet before this came about. Mx. Kostner moved to approve the Minutes of January 13, 1976, as subn~tted, seconded by ~. La~£oert. Motion carried 6-0, with Mr. Rossi abstaining since he was not present at this meeting. Minutes of January 15, 1976 ~. Ryder referred to Page 4, last paragraph, and stated it should be after R-3: "anne×ed, however with no current deve- lopment plan.'~ Mr. Winter referred to Page 3, fourth paragraph, and stated it should be: ,'being R-I~ not R-2". Mr. Winter referred to Page 5, third line frombbottom, and M~. Howell's statement that they could rezone it which should be: '~they could request rezoning it". ~. Rossi stated that Mr. Howell was not present to verify this, this would be changing some of his com~ments. Chairman Kelly informed them that the City Council did go along with this recommendation. ~@. Winter referred to the top of Page 5, l~th line, which should be: "we are here to recommend annexation or not.'~ ~. Kostner agreed. ~. Winter referred to Page 2 and questioned the reference to the northwest corner. Chairman Kelly replied that this was correct and they were referring to the northwest corner at 23rd & Congress. Mr. Lambert moved that the Minutes of Janusmy 15, 1976, be accepted as corrected. Mr. Kostner seconded the motion. Motion carried 7-0. Mr. Rossi referred, to the Cogen annexation and the Council acting on it favorably and asked if it was meant that they acted on their recommendations for annexation. M~. Ryder clarified that the Council did ask if they would see it again for specific zoning and Chairman Kelly assured them that they would and on that basis, they went ahead. M~. Rossi asked if they approved the annexation for a certain parcel of land with the general zoning of R-I~ and C-3 and M~. Winter pointed out that it was limited C-3. Mr. Rossi asked if the annexation MINUTES PLA~ING & ZONING BOARD PAGE FOUR FEBRUARY 70, 1976 was taking place and Chairman Kelly explained that the first and second reading of the ordinance was being processed. ~. Ryder added that Mr, Kohl had read the paragraph from this Board's minutes pertaining to their motion and evidently it was approved with his amendment. Mm. Rossi brought up the possibility of having plans.sub- mitted which the Board rejected. This was discussed further in relation to the s_unexation. Chairman Kelly informed them that he had been advised by ~, Howell that plans were in the process of being submitted and they could discuss this further after reviewing the plans. Other Mm. Kostner informed the members that he taped the January 15 meeting and explained how there appeared to be utter con- fusion at times with everyone talking, etc, He suggested th~ recognition be obtained from the Chair for each person to speak, He added that Mr. Winter's voice was almost in- audible and suggested that he speak closer to the mike. Chairman Kelly thamked him for the constructive criticism. He agrees and suggests they follow the system presently in effect at the City Council meetings, Mr. Kostner added that he was the worst offender. Discussion Chairman Kelly referred to a motion made by Councilman Harmening at the City Council meeting on January 20 instruct- ing the Planning & Zoning Board to review the R-3 require- ments in reference to comn~]ercial zones. He read the para- graph from the minutes pertaining to this motion. M~. Ryder informed the Board that the City Council did not go along with~ the Board,s ~eco~endation for Golden Sands since it did not meet th~equi~ements, especially the den- See Min. sity. ~. Kostner added that it did not meet the residential°~ 2/2~/76 requirements either as the land area was not sufficient. Mr. Winter added that they also noted that the parking re- quirements could also not be met. Chairman Kelly then referred to a four page proposal given to each member regarding non-conforming uses. He explained that this was prepared for the committee of four cons~ing of former City Attorney, ~. Ernest Simon; former Planning Consultant, M~. Jim Smoot; the then acting Building Offi- cial, Mr. Warren Bushnell; and himself. The copies distri- buted included the notes they all made. He was informed that ~¥~. Smoot retyped and submitted this to M~. Simon in October and since then, he has been trying to get an answer whether the former City Attorney completed his work and if it was ready for this Board. Between Christmas and New MINUTES PLANNING & ZONING BOARD PAGE F~E FEBRUARY 1 O, 1 976 Year's, ~. Simon phoned him at his office and said he ~6~ld have the ~'papers" in his hands sometime early next week before New Year. He did not receive them and neither did Mr. Howell. At the City Council meeting on January 5, he asked Mr. Simon about the whereabouts of the papers he had promised. M~. Simon replied that he would have to check with Mr. Bob Feder- spiel and that is the last contact he had with ~. Simon. Subsequently, he acquainted the City Manager of the situation and he has tried to arrange a meeting through the City Manager with the new City Attorney. This is not being critical of the City Manager nor City Attorney, but he has been advised by ~. Kohl that the City Attorney is tied up in several legal cases at court, etc. He advised ~. Kohl today that they were going to discuss this tonight and take it out of the four member con- cept for discussion by the whole Board. Perhaps if they get through with it, they may be able to arrange contact with M~. Reed through Mr. Kohl. Chairman Kelly referred to Section 11.1. Mr. Walker asked if they were going to discuss this in its entirety and Chair- man Kelly replied that this particular question of non-con- forming uses is the biggest headache of the Building Depart- ment. He suggests that they simply read this, give it some study, and discuss it at a workshop meeting in the near fu- ture and Mr. Walker agreed. Chairman Kelly continued that he did not intend to read it, but wanted the history put into the record. Chairman Kelly then referred to notes of ~OK B & J~. He in- formed the Board that Mr. Howell and himself went over this and agreed the suggested changes were okay where they noted. He added that it was a pleasure to work with ~@. Howell. Chairman Kelly then explained how they tried to standardize the wording. M~. Ryder stated that he thought this was a decided improve- ment. He referred to when he was a member of the Board of Adjustment and told about the problems they encountered with non-conforming lots. He pointed out that this permitted changes subject to the regulations of the district. He thin~ this is a beneficial change. ~. Kostner concurred with Mr. Ryder's remarks. He pointed out that actually this will alleviate a lot of headaches, problems and discouraged people. This pertains to older parts of the City and people should ge~ relief. The way it was, they could not get re- lief. This should have been done originally. M~. Lambert asked for an example of how this would change their present system. Mr. Ryder explained how a property could have plenty of room in the rear and wants to expand, but the front is non-~onforming. This would permit him to do it. M~. Lambert asked if they would have to apply to the MINUTES PLANNING & ZONING BOARD PAGE SIX FEBRUARY 1 O, 1 976 Board of Adjustment and Chairman Kelly suggested waiting until they have a workshop session and M_r. Howell will be present to interpret this for the Board. Mu. Lambert agreed this would be preferred as he didn't want to approve anything without knowing the exact meaning. Chairman Kelly continued how it was also necessary to meet with the City Attorney for clarification of certain things. He suggested-that they withhold their definite questions until reading the whole thing. After everyone has a chance to read it, they will have a workshop session. M~. Lambert asked if they were going to discuss thisasome tonight, then go home and digest it, and then sit down with the Building Official and City Attorney? Is he going to ask for a motion for acceptance of this tonight? Chairman Kelly replied: no, he just wanted the history of this on record. Mr~ Rossi asked who prepared this and Chairman Kelly explated that after Ordinance 75-19 was adopted, the City Council was flooded with requests from the Building Department. Mr. Barrett left and through the City Manager, they arranged the committee of four. M~. Smoot did the discussing and asked Mr. Simon for his opinion and came up with these corrections. When it was finalized and turned over to M~. Simon, it just stayed in the air. Mr. Rossi asked if this was the original and Chairman Kelly replied: yes and the notations in pencil are corrections made. Mr. Rossi asked who prepared the ori- ginal draft and Chairman Kelly informed him that Mr. Smoot prepared the final form and gave it to Mr. Simon~to approve the legality and pass on to this Board. ~. Rossi informed them that 9~ of the wording was taken from the County non-conforming section. It is not a brand new article. In sense, it is approved and used by the County. M~. Lambert stated this was a good point, but ques- tioned if the County book he was consulting was up-to-date? Mr. Rossi replied that his was a 1972 edition and he believes there is an amended book on the regulations. He added that he believed it would be worthwhile to get a new one. Mr. Lambert informed him that he talked to M~. Dan O'Brien this morning and was advised that he believed this particular part had been revised to some extent. Chairman Kelly stated that he would ask the City Manager tomorrow morning if it would be possible to obtain a copy of this book for the Board's use. Mr. Rossi informed him it was called the ~Land Development Manual Volume 1 as Amended". Mr. Rossi referred back totthe original discussion and clar- ified that a draft of the non-conforming uses, Section had been distributed for their review. At some future date, MINUTES PLANNING & ZONING BOARD PAGE S~EN FEBRUARY 10, 1 976 they will have a workshop meeting to discuss this. Will someone other than the Board members be present at this meeting? Chairman Kelly replied: yes, the Building Offi- cial and possibly the City Attorney. However, if they finalize it with the assistance of the Building Official, they would then be able to submit it to the current City Attorney and let him look at it. Mr. Rossi asked how im- perative it was and Chair~n Kelly replied: very imperative. Mr. Rossi suggested setting up a time schedule and Chairman Kelly agreed. ~. Rossi suggested that possibly the City Attorney should familiarize himself with this and then give the Board a schedule. ~hairman Kelly replied that he planned to do this through M~. Kohl, but wanted to introduce it to the Board first. He will have this re-typed by Mr. Kohl's office tomorrow and submitted to the City Attorney for his perusal. Mr. Lambert stated that this would be asking the City Manager to take this document as amended, but it has not been amended by this Board. They have not even reviewed this in the present form. He suggests that this be done after the Board reviews it. He does not want the City Manager to think the Board has approved this. Mr. Lambert suggested submitting the original draft without the comments to the City Manager and advising that this is what the Planner came up with. Mr. Kostner disagreed and stated he thought the comments should remain. He thinks these are a guide and it is up to the Board to accept it, reject it, or make changes. He doesn't think they should reject the changes noted. Professional people worked on this. Mr. Lambert referred to notations made February 6 and that the City Attorney had not made any changes. Chairman Kelly in- formed him that this was just preliminaryto tonight's meet- ing. Mr. Rossi agreed that somebody had put in a lot ~f input, but he still think~ the City Attorney should be given a clean draft for review. Chairman Kelly referred to having just changed some of the wording to conform with the present book. He advised that this was done by last year's Planning & Zoning Board, but the other changes were made by the committee of four or ~. Smoot. A lengthy discussion ensued and finally M~. Kostner stated)~he did not see where all this was necessary, as it must come back to this Board for finalization after the City Attorney reviews it. Mr. Winter agreed and suggested study- ing it for discussion at the next meeting and then having it typed for presentation to the City Attorney. He doesn't think they should start all over without the notations. M~. Winter made a motion to take the original draft includ- ing the recommended changes, study it and present it with their own particular changes, if any, at the next workshop or next regular meeting for finalization. M~. Kostner MINUTES PLANNII~ & ZONING BOARD PAGE EIGHT FEBRUARY 1 O, 1976 seconded the motion. Under discussion, M~. Lambert asked when it would be submitted to the City Attorney and Chairman Kelly replied that he thought it would be confusing to submit both copies to the City Attorney. M~. Lambert stated he thought the City Attorney should see the original draft pre- pared by the professional planner and then see the suggestions made by this Planning & Zoning Board. Chairman Kelly disagreed. ~. Ryder referred to obtaining a copy of the manual used by the County and possibly giving this to the City Attorney. Chairman Kelly informed him that he would have this retyped with the notations and when they study it, it would be avail- able. He then requested a vote on the motion and the vote was 5~2 in favor with Mr. Lambert and M~. Rossi voting against. Mr. Rossi clarified that the City Attorney would not be re- viewing this, but the Board will and Chairman Kelly agreed. He added that the City Attorney would review it before they make recommendations to the City Council. Other ~. Kostner referred to the CAB meeting and read a paragraph regarding their review of a plan and the parking spaces only being 9 ft. wide not in conformance with the code. The applicant informed the CAB that the Building Department had approved the plan as drawn. This disturbs him as the provi- sions strictly call for 200 sq. ft. and 10 x 20 ft. parking spaces. They are not supposed to check parking spaces, but sometimes there is a double check needed and he explained. Chairman Eelly stated he wou~d check with ~M. Howell about this. Mr. Rossi agreed this was a good point and discussed further how this would be in violation. Mr. Rossi then referred to the Board spending a lot of time previously on the matter of a wind generator for M~r. James Wurth. It was tabled, etc. and the man stated he had no intentions of doing anything. Now, he has been told that the man not only put it up, but has put two of them on that lot. He would like to know how this was done. Chairman Kelly suggested that he check with the Building Official. Mr. Rossi replied that he did call Mm. Bushnell, but was asked if he desired to file a complaint. He stated he only brought this up as the parking space violation was just dis- cussed. M~. Kostner added that he recalled that the City Council turned down this request at their meeting. M~. Ryder referred to.how this Board had discussed it at length and he had stated his opposition. The members discussed further the installation of this and how it was limited to a 45 ft. height, etc. Chairman Kelly informed them that he had looked at this, but didn't believe there was anything they could do. The Board has a clean record with having MINUTES PLANNING & ZONING BO~D PAGE NINE FEBRUARY 10, 1 976 rejected this. He agreed that they did spend a lot of time on it. M~. Rossi stated that they, as members of the Board, have a duty to bring this to the attention of the Building Official. They are aware of it and did not approve it and it exists. ADJOURNMENT M~. Kostner moved to adjourn, seconded by M~. Winter. Motion carried 7-0 and the meeting was properly adjourned at 9:~4 Respectfully submitted, Suzanno kruso Recording Secretary (Two Tapes)